Chapter 17.78 — MISCELLANEOUS

A.

Except for the application fee exemptions described in subsections (E) and (F) of this section, no appeal, application for a permit or approval under title 15 (Buildings and Construction), 16 (Subdivisions) or this title of this Code may be accepted unless the applicant pays all necessary application, appeal and/or penalty fees as established by the city council. The director may accept requests for waiver of application, appeal and/or penalty fees for presentation to the city council. If a fee waiver request is submitted concurrently with an application or appeal, the application, appeal and/or penalty fee shall be paid by the applicant and the paid fee shall be held by the city until a determination is made on the accompanying fee waiver request.

B.

The city council may, in its discretion, grant such a waiver if it finds:

1.

The applicant or the beneficiary of the use or activity proposed by the applicant is a nonprofit corporation registered with the state;

2.

The use or activity proposed or the activities of the beneficiary of the use or activity proposed are charitable, educational or otherwise provide a substantial benefit to the public; or

3.

The applicant has demonstrated a financial hardship, as determined by the city council, on a case by case basis.

C.

The city council may, in its discretion, grant a fee waiver without making the findings specified in subsection (B) of this section, if the applicant has been granted a variance due to administrative error pursuant to section 17.64.020(C) of this title.

D.

The city council may, in its discretion, grant a penalty fee waiver without making the findings specified in subsection (B) of this section, if the applicant has previously paid the penalty fee for an after-the-fact application that was denied without prejudice, and is submitting a subsequent, modified version of the afterthe-fact application within one year of the denial of the previous application.

E.

Registered nonprofit 501(c)(3) corporations that are registered with the secretary of state and which are located or conduct business in the city or provide services available to city residents, shall, upon submittal of reasonable proof as to nonprofit 501(c)(3) status, be exempt from the requirement for payment of application

fees associated with processing certain planning applications. This exemption shall apply only to the following types of applications:

1.

Temporary sign permits;

2.

Special use permits;

3.

Sign permits;

4.

Site plan review applications (only where no new expansion of building space or lot coverage is proposed); and

5.

Conditional large domestic animal permits.

This fee exemption shall not be construed as waiving the requirements for submittal and review of the required applications and associated information. This fee exemption shall not apply to appeal fees, penalty fees or fees for building permits or plan check services. Fee waivers for appeal fees, penalty fees and/or building permits or plan check services shall be processed in accordance with the procedures described in this section.

F.

Any permit or application fees (excluding city consultant review fees) associated with the proposed reconstruction of a building or other structure (or portion thereof) that has been damaged or destroyed by fire, earthquake, landslide or an involuntary act of the property owner shall be waived, provided that the rebuilt building or structure is no more than 250 square feet larger than it was prior to the damage or destruction, and provided that the applicant can demonstrate that said fees are not covered by the applicant's homeowners' insurance policy. In the event that three or more properties are affected by any single incident, the city council may, in its discretion:

1.

Grant a fee waiver without making the findings specified in subsection (B) of this section; or

2.

Deny the waiver in its entirety or grant only a partial waiver, based upon a finding of adverse fiscal impact to the city.

(Code 1981, § 17.78.010; Ord. No. 320, § 7(part), 1997; Ord. No. 354, § 7(part), 2000; Ord. No. 463, § 6, 2007)

Any discretionary permit or approval which has been approved by the director, planning commission or city council pursuant to stated conditions shall be null and void on the 91st day after it is granted or upon issuance of a building permit, whichever occurs first, if the applicant has not prior to that date informed the director in writing of their acceptance of the conditions of approval. While this written acceptance may form the basis of an estoppel against the applicant, it shall not create any contractual relationship between the city and the applicant.

(Code 1981, § 17.78.020; Ord. No. 320, § 7(part), 1997)

A.

When more than one permit, variance or other approval under title 16 (Subdivisions) and this title is necessary for a single development project or use, the applicant shall submit all the applications simultaneously and the applications shall be processed concurrently. Further, all the applications may be considered by a single officer or agency of the city pursuant to this section.

B.

Notwithstanding subsection A, above, an applicant or applicants shall not submit multiple preliminary applications, pursuant to Government Code § 65913.4, as may be amended, or multiple applications for development projects, for the same property, which conflict with one another, such that the approval of one project would preclude the development of all or part of the projects proposed in the other submitted preliminary applications or applications.

C.

If any of the applications would be presented to the planning commission for initial consideration if filed singly, all the applications shall be presented to the planning commission as a package. The planning commission shall then have the authority to act on each application as if the planning commission were the officer, or agency of the city, authorized to act on such an application by title 16 (subdivisions) or this title.

D.

If none of the applications would be presented to the planning commission for initial consideration if filed singly, then all the applications shall be acted upon by the director as a package. The director shall then have the authority to act on each application.

E.

A decision of the director on a group of applications pursuant to this section may be appealed to the planning commission pursuant to Section 17.80.050 (appeal to planning commission) of this title. A decision of the planning commission on a group of applications, pursuant to Section 17.78.030 (consideration of multiple applications) of this chapter, may be appealed to the city council pursuant to Section 17.80.070 (appeal to city council) of this title. An appeal of an application that is part of a package shall serve as an appeal of the entire application package.

F.

Unless an appeal is referred to the director pursuant to subsection 17.80.060(E) of this title, or to the planning commission pursuant to subsection 17.80.080(A)(5) of this title, the appellate body may, in its discretion, consider any issue, any permit or approval approved in the appealed package, whether or not raised or identified in the notice of appeal. Unless an appeal is authorized by this subsection, all decisions rendered pursuant to this section shall be final when rendered.

G.

If any of the applications presented to the planning commission require final approval by the city council, if filed singly, then all the applications shall be forwarded to the city council for final action.

(Code 1981, § 17.78.030; Ord. No. 320, § 7(part), 1997; Ord. No. 683, § 3, 7-16-2024)

17.78.040. - Amendments to approved applications.

A.

An amendment which proposes one or more substantial amendments to a project, plans and/or conditions of approval approved in accordance with this title may be initiated by an applicant/property owner upon petition to the director and submittal of a fee, as established by resolution by the city council. The determination of what constitutes a substantial amendment shall be made by the director.

B.

A substantial amendment to a project shall be considered by the same body which took the final action in approving the original project, utilizing the hearing and noticing procedures, review criteria and appeal procedures as required by this title. A substantial amendment to a project may require a new and separate environmental review.

C.

The director is authorized to modify the approved plans and/or any of the conditions of approval if such modifications are determined by the director to be minor and if the director can make the following findings:

1.

That the proposed modifications achieve substantially the same results as would strict compliance with the approved plans and conditions;

2.

That the proposed modifications remain compatible with the character of the neighborhood;

3.

That the proposed modifications do not result in a new or increased privacy infringement;

That the proposed modifications do not result in a new or increased adverse view impacts; and

5.

That as modified, the project remain consistent with the general plan, development code, and coastal specific plan.

D.

The director shall send a notice of decision approving a minor modification to all interested parties on file with the city when the original project was being processed and to the members of the final deciding body allowing 15 calendar days to appeal the director's decision, pursuant to chapter 17.80 (Hearing notice and appeal procedures) of this title.

(Code 1981, § 17.78.040; Ord. No. 320, § 7(part), 1997; Ord. No. 594, § 4, 3-7-2017)

A.

In cases of uncertainty or ambiguity as to the meaning or intent of any decision approving a project in accordance with this title, or to further define or enumerate the conditions of approval of an approved project, the body which took the final action in approving the original project shall conduct an interpretation review of the decision in question. Said interpretation review may be initiated by the director, or the final body that took such action, or upon the written request of the applicant/property owner or any other interested person, provided an interpretation review may not be initiated by any person where the subject matter is subject to litigation. Said interpretation review shall utilize the notice, hearing process, review criteria, and appeal process as required by this title. The interpretation review procedure may be initiated in, but shall not be limited to, the following situations:

1.

Discrepancies between approved plans and subsequently revised plans;

2.

Interpretations of conditions of approval; or

3.

New issues stemming from construction of the approved project which were not addressed or considered as part of the original project approval.

B.

In cases involving the interpretation of a decision of the planning commission and/or city council, the director shall prepare a written interpretation and transmit it to the appropriate review body. Upon review of the director's interpretation at a public meeting, the appropriate body shall either:

Concur with the director's interpretation; or

2.

Make a determination that the subject interpretation may result in a substantial revision to the originally approved project and thus require a formal review hearing; utilizing the hearing, noticing requirements, review criteria and appeal procedures, required by this title.

C.

In cases where the interpretation review is initiated by the director or the body that took final action on the approved application, no fee shall be required. In cases where the interpretation review is initiated by an applicant/property owner or interested party, a fee established by resolution of the city council shall be required.

(Code 1981, § 17.78.050; Ord. No. 320, § 7(part), 1997; Ord. No. 594, § 5, 3-7-2017)

CHAPTER 17.79. - CITY PROJECTS

Notwithstanding anything to the contrary anywhere in this Code, this chapter establishes the planning commission's role as an advisory body to the city council for all city projects that require discretionary review.

(Ord. No. 666, § 2, 11-1-2022)

All city projects that require discretionary review and approval shall be heard by the city council at a duly noticed public hearing as the final approving authority, with the planning commission acting as an advisory body at a duly noticed public hearing. In all other respects, city projects shall be subject to the provisions of this Code.

(Ord. No. 666, § 2, 11-1-2022)

CHAPTER 17.80. - HEARING NOTICE AND APPEAL PROCEDURES

The purpose of this chapter is to establish a procedure for appeals of decisions made pursuant to title 16 (Subdivisions) and this title.

(Code 1981, § 17.80.010; Ord. No. 320, § 7(part), 1997)

The filing of a notice of appeal pursuant to this chapter stays all activity on the project until a final decision on the appeal.

(Code 1981, § 17.80.020; Ord. No. 320, § 7(part), 1997)

A.

Unless otherwise expressly provided in title 16 (Subdivisions) or this title, any decision made by the director pursuant to title 16 (Subdivisions) or this title may be appealed to the planning commission and any decision made by the planning commission or view restoration commission pursuant to title 16 (Subdivisions) or this title, with the exception of decisions described in subsection C of this section, may be appealed to the city council.

B.

The director is designated as a zoning administrator pursuant to Government Code § 65900 with respect to these decisions which may be rendered by that officer or their designees pursuant to this title. When acting as a zoning administrator pursuant to this subsection B, the director shall exercise the authority conferred by this title and authorized by Government Code § 65901.

C.

Any view assessment or trimming/removal determinations made by the director in association with the processing of applications by the public works department for the trimming or removal of city trees are not appealable to the planning commission since such public works department decisions are appealable to the city council pursuant to section 12.08.100 (Interference).

(Code 1981, § 17.80.030; Ord. No. 320, § 7(part), 1997; Ord. No. 575, § 8, 12-15-2015)

When notice of a decision is required to be given in accordance with the provisions of this section, the written notice shall:

A.

Provide a general explanation of the decision;

B.

Provide a general description of the property involved;

C.

Inform recipients of the notice of the right of any interested person to appeal the decision to the planning commission or city council and explain how that right may be exercised; and

D.

Be given by first class mail to:

1.

The project applicant and property owner;

2.

Any person who submitted written comments concerning the applicant's request;

3.

Any person who has filed a written request with the city to receive such notice;

4.

Any homeowner's association on file with the city that has jurisdiction over the subject property.

(Code 1981, § 17.80.040; Ord. No. 320, § 7(part), 1997)

A.

Power to hear and decide. The planning commission shall have the power to hear and decide appeals of decisions of the director.

B.

Filing of appeal. Unless otherwise specified in this code, any interested person may file an appeal of a director's decision with the planning commission, provided the appeal is filed in writing within 15 calendar days after the notice of the director's decision is issued and the appropriate fee, as established by resolution of the city council, is paid. The appeal shall set forth the grounds for appeal and any specific action being requested by the appellant. The director's decision is final if not appealed to the planning commission within 15 calendar days.

C.

Hearing and notice. The director shall set a hearing on the appeal within 90 days of the filing of the appeal, which shall be conducted as provided in section 17.80.060 (Action by planning commission) of this chapter. Notice of the hearing shall be given as specified in section 17.80.090 (Notice of hearing) of this chapter.

(Code 1981, § 17.80.050; Ord. No. 320, § 7(part), 1997; Ord. No. 508, § 6, 5-4-2010)

In conducting an appeal hearing, the planning commission may:

A.

Approve an application upon finding that all applicable findings have been correctly made and all of provisions of title 16 (Subdivisions) and this title have been complied with;

B.

Approve an application but impose additional or different conditions or guarantees as it deems necessary to fulfill the purposes of title 16 (Subdivisions) and this title;

C.

Deny the application without prejudice upon a finding that all applicable findings have not been correctly made or all provisions of title 16 (Subdivisions) and this title have not been complied with but that, in either case, the application has merit and may possibly be modified to conform with the provisions of title 16 (Subdivisions) and this title;

D.

Disapprove the application upon finding that all applicable findings cannot be made or all provisions of title 16 (Subdivisions) and title 17 (Zoning) of this Code have not been complied with; or

E.

Refer the matter to the director with instructions.

(Code 1981, § 17.08.060; Ord. No. 320, § 7(part), 1997)

A.

Appeal of a planning commission decision. Any interested person may file an appeal of a planning commission's decision to the city council, provided the appeal is filed in writing within 15 calendar days after final action by the planning commission and the appropriate fee, as established by resolution of the city council, is paid. The appeal shall set forth the grounds for appeal and any specific action being requested by the appellant. The planning commission's decision is final if no appeal is filed within 15 calendar days.

B.

Notice of appeal. A notice of appeal shall be filed in writing with the city clerk or the director and shall set forth the grounds for the appeal and any specific action, being requested by the appellant.

C.

Hearing date. The city manager or city clerk shall fix the time for hearing the appeal within 90 days of the filing of the appeal.

D.

Notice. The city clerk or director shall notice the hearing as required by section 17.80.090 (Notice of hearing) of this chapter.

E.

Record on appeal. All materials on file with the director shall be part of the city council appeal hearing record. In addition, any person may offer supplemental evidence during the appeal hearing.

F.

De novo review. The city council appeal hearing is not limited to consideration of the materials presented to the planning commission. Any matter or evidence relating to the action on the application, regardless of the specific issue appealed, may be reviewed by the city council at the appeal hearing.

(Code 1981, § 17.80.070; Ord. No. 320, § 7(part), 1997; Ord. No. 508, § 6, 5-4-2010)

A.

Decision. In conducting an appeal hearing, the city council may:

1.

Approve the application upon finding that all applicable findings have been correctly made and all provisions of title 16 (Subdivisions) and this title are complied with;

2.

Approve the application but impose additional or different conditions or guarantees as it deems necessary to fulfill the purposes of title 16 and this title;

3.

Deny the application without prejudice, upon a finding that all applicable findings have not been correctly made or all provisions of title 16 and this title have not been complied with but that, in either case, the application has merit and may possibly be modified to conform with the provisions of title 16 and this title;

4.

Disapprove the application upon finding that all applicable findings cannot be made or all provisions of title 16 and this title have not been complied with; or

5.

Refer the matter to the planning commission with instructions.

B.

Vote required. A simple majority of the city council members voting shall be required to overrule or modify a decision by the director and/or planning commission which is appealed, or to grant an appealed application where the director and/or commission has failed to act within the time permitted by law.

C.

Effective date. A decision of the council sustaining, overruling or modifying any decision, determination or requirement of the planning commission shall be final and conclusive when rendered unless otherwise provided by the council in rules of procedure or elsewhere. In cases where the city council adopts a resolution memorializing the council's decision, final action shall be the adoption of the resolution.

(Code 1981, § 17.80.080; Ord. No. 320, § 7(part), 1997)

Unless another provision of this Code defines the notice required for a public hearing on an application or appeal, notice shall be provided as set forth in this section.

A.

Time. Notice of public hearing shall be given at least 15 calendar days before the hearing date.

B.

Content. A notice of hearing shall include:

1.

The date, time and place of hearing;

2.

The identity of the hearing body or officer;

3.

A general explanation of the matter to be considered; and

4.

The address or general location of the project site.

C.

Publication. Notice shall be published in a newspaper of general circulation in the city. If no such newspaper exists when notice is required to be given, such notice shall be posted in at least three public places in the city designated by the city council.

D.

Notice to owners of property within 500 feet.

1.

Written notice shall be given to all owners of property within 500 feet of the external boundaries of the subject property. Such written notice shall be made by first class mail or personal delivery to all persons, including businesses, corporations or other public or private entities, shown on the last equalized assessment roll as owning real property within 500 feet of the external boundaries of the subject property.

2.

In the event that the number of owners to whom notice would be sent pursuant to subsection (D)(1) of this section is greater than 1,000, as an alternative to such notice, notice may be given by placing a display advertisement of at least one-eighth page in a newspaper of general circulation within the city.

E.

Notice to persons requesting notice. In all cases, in addition to other notices, notice shall be given by first class mail to any person who has filed a written request with the city to receive notices of public hearings. Such a request may be submitted at any time and shall apply for the balance of the calendar year. A reasonable fee may be imposed on persons requesting such notice to recover the cost of such mailing.

F.

Notice to affected homeowners' associations. In all cases, in addition to all other notices, notice shall be given by first class mail to any homeowners' association on file with the city that have jurisdiction over the subject property and any property located within 500 feet of the subject property.

G.

Property owner. In all cases, in addition to other notices, notice shall be given by first class mail to the owner of the subject property and the applicant, if different from the owner.

(Code 1981, § 17.80.090; Ord. No. 320, § 7(part), 1997)

Nothing in this title 17 shall require the keeping of a verbatim hearing transcript where such a transcript is not otherwise required by law.

(Code 1981, § 17.80.100; Ord. No. 320, § 7(part), 1997)

Notwithstanding the application filing restrictions for a conditional use permit application (section 17.60.020(A)); variance application (section 17.64.020(A)); extreme slope permit application (section 17.76.060(C)(1)); special animal permit application (section 17.76.110(B)(1)); and a zone change/Code amendment petition (section 17.68.030(C)), a land use application that has been denied without prejudice on appeal may be refiled at any time. The refiled application must be accompanied by the standard filing fee, unless the fee is waived by the city council, pursuant to section 17.78.010 (Fee Waivers) of this title.

(Code 1981, § 17.80.110; Ord. No. 320, § 7(part), 1997)

All appeal fees shall be refunded to a successful appellant. An appellant is considered successful if a final decision is rendered granting their appeal. If an appeal results in a modification to the project, other than changes specifically requested in the appeal, then one-half of the appeal fee shall be refunded to the successful appellant.

(Code 1981, § 17.80.120; Ord. No. 320, § 7(part), 1997)

A commission's final decision on an application may be appealed by the city council in the following manner:

A.

Any one city council member may contact the city manager and request that an item be placed on the next city council agenda so that the entire city council can consider whether to appeal a commission's decision on an application. The request from the council member must be made in writing within 15 calendar days of the commission's final decision on an application.

B.

If an appeal request from a council member is received by the city manager, the appeal period for the city council shall be automatically extended by 30 additional calendar days. This extended appeal period shall apply only to city council appeals in order for the city council to determine whether to appeal the commission's decision.

C.

An applicant or any other interested person may file an appeal with the city before or after an appeal request has been made by a council member, provided the appeal is filed within the standard 15-day appeal period. An applicant or any other interested party may not file an appeal during the city's extended 30-day appeal period.

D.

The city council shall determine by a majority vote whether to appeal the commission's decision.

(Code 1981, § 17.80.130; Ord. No. 320, § 7(part), 1997; Ord. No. 340, § 8(part), 1998)

CHAPTER 17.82. - PROCESSING OF DEVELOPMENT AGREEMENTS

This chapter establishes the procedures and requirements for the consideration of development agreements for the purposes specified in and as authorized by Government Code title 7, div. 1, ch. 4, art. 2.5 (Government Code § 65864 et seq.).

(Code 1981, § 17.82.010; Ord. No. 326U, § 1(part), 1997; Ord. No. 327, § 1(part), 1997)

A.

Only a qualified applicant may file an application for a development agreement. A qualified applicant is a person who has a legal or equitable interest in the real property which is the subject of the development agreement, or an authorized agent of a person who has a legal or equitable interest. The director may require an applicant to submit a title report or other evidence satisfactory to the director to verify the applicant's interest in the real property and of the authority of the agent to act for the applicant.

B.

An application for a development agreement may be filed concurrently with any other application having a direct relationship to the property which is the subject of the proposed agreement. However, an application

will not be accepted by the director if the application is substantially the same as an application upon which final action has been taken by the city council within 12 months prior to the date of the subsequent application, unless accepted by motion of the city council, or the prior application was denied without prejudice by the city council.

C.

An application for a development agreement shall contain full and complete information and shall be made on a form provided for that purpose by the department of planning, building and code enforcement, along with the applicable fee established by resolution of the city council.

D.

A draft of the proposed development agreement (along with the required number of copies) may be submitted along with the application. Such agreement shall be in a form acceptable to the city attorney. If deemed appropriate, the city attorney may draft the initial agreement for review by the parties thereto. Any legal fees incurred by the city in drafting or reviewing a development agreement shall be reimbursed by the applicant.

E.

The director may require additional information if deemed necessary to enable the planning commission and city council to determine whether the development agreement is consistent with the objectives of the city's general plan and any applicable specific plan.

(Code 1981, § 17.82.020; Ord. No. 326U, § 1(part), 1997; Ord. No. 327, § 1(part), 1997)

Notice of the intention to consider adoption of a development agreement shall be given in accordance with the provisions of Government Code §§ 65090 and 65091, in addition to any other notice required by law for other actions to be considered concurrently with the development agreement, if any.

(Code 1981, § 17.82.030; Ord. No. 326U, § 1(part), 1997; Ord. No. 327, § 1(part), 1997)

17.82.040. - Action by planning commission.

A.

The planning commission shall hold a public hearing on an application for a development agreement. The hearing shall be set and notice given as prescribed in section 17.82.030. The hearing may be continued from time to time.

B.

The planning commission shall determine whether the development agreement is consistent with the required findings for approval as contained in section 17.82.060, and shall recommend to the city council that the development agreement be approved, approved as amended, or denied. The planning commission's recommendation shall be set forth in a resolution.

(Code 1981, § 17.82.040; Ord. No. 326U, § 1(part), 1997; Ord. No. 327, § 1(part), 1997)

A.

Upon receiving a recommendation from the planning commission on a proposed development agreement, the city council shall hold a public hearing. The hearing shall be set and notice given as prescribed in section 17.82.030. The hearing may be continued from time to time.

B.

Following the closing of a public hearing, the council shall determine if the development agreement is consistent with the findings contained within section 17.82.060. If determined to be consistent, the city council shall introduce an ordinance adopting the development agreement.

(Code 1981, § 17.82.050; Ord. No. 326U, § 1(part), 1997; Ord. No. 327, § 1(part), 1997)

Prior to taking an action to approve or recommend approval of a development agreement, the reviewing authority shall find as follows:

A.

The proposed development agreement conforms with the maps and policies of the general plan and any applicable specific plan including, without limitation, the city's coastal specific plan;

B.

The proposed development agreement complies with the requirements of Government Code §§ 65865 through 65869.5;

C.

The proposed development agreement will not be detrimental to or cause adverse effects to adjacent property owners, residents, or the general public;

D.

The proposed development agreement provides clear and substantial benefit to the residents of the city.

(Code 1981, § 17.82.060; Ord. No. 326U, § 1(part), 1997; Ord. No. 327, § 1(part), 1997)

No later than ten days after the ordinance approving a development agreement becomes effective, the city clerk shall record a copy of the development agreement with the office of the county recorder.

(Code 1981, § 17.82.070; Ord. No. 326U, § 1(part), 1997; Ord. No. 327, § 1(part), 1997)

At least every 12 months, the city shall review any approved development agreement to determine whether the applicant, or successor in interest thereto, is demonstrating good faith compliance with the terms of the agreement. This review process may require the submittal of an application form, materials, and fees as established by city council resolution.

(Code 1981, § 17.82.080; Ord. No. 326U, § 1(part), 1997; Ord. No. 327, § 1(part), 1997)

Any amendment or a repeal of a previously-approved development agreement shall be reviewed pursuant to the procedures outlined in this chapter for a new application.

(Code 1981, § 17.82.090; Ord. No. 326U, § 1(part), 1997; Ord. No. 327, § 1(part), 1997)

CHAPTER 17.83. - GREEN BUILDING CONSTRUCTION

This chapter establishes the incentives and procedures for participation in the city's voluntary green building program. In addition, this chapter provides criteria, standards and processing procedures for the installation and construction of certain green related improvements such as renewable energy systems, small wind energy systems, and permeable landscaping. This chapter allows owners of properties in the city and their architects, contractors and builders to design and develop and/or remodel single-family, multifamily residential, commercial, institutional and mixed-use projects that are sited, designed, constructed and operated in accordance with the provisions of this chapter to enhance the well-being of occupants, and to minimize negative impacts on the community and natural environment. The voluntary green building program provides the minimum requirements for obtaining certified recognition of a green building within the city.

(Code 1981, § 17.83.010; Ord. No. 481, § 8(part), 2008)

A.

The following incentives shall be available to applicants who participate and meet the minimum requirements established in section 17.83.030 and/or section 17.83.040 of this chapter:

1.

Expedited application review. Any planning applications submitted to the department of planning, building and code enforcement for processing that meet all the requirements contained in section 17.83.030(A)(1) and/or 17.83.040(A)(1) shall be granted processing priority over other non-green planning applications.

2.

Expedited building and safety plan check. Any building permit applications submitted to the department of planning, building and code enforcement for processing that meet all the requirements contained in section 17.83.030(A)(2) and/or 17.83.040(A)(2) shall be granted processing priority over other non-green building permit applications.

3.

Fee rebate for single-family and multifamily residential projects. If after issuance of final approval of a building permit, the applicant submits proof of final certification by Build It Green indicating that the residence has been certified as a green building, the applicant shall be granted a rebate of 50 percent of all planning permit, plan check and building permit application fees paid to department of planning, building and code enforcement. Any fees paid to city consultants for review of the project (including, but not limited to, fees paid to a city consultant for building plan check, building inspections, geologic review, NPDES review, etc.) shall not be refunded. In order to receive a rebate, proof of certification by Build It Green shall be submitted to the city within 90 days of building permit final.

4.

Fee rebate for nonresidential projects. If after issuance of final approval of a building permit, the applicant submits proof of final certification by Leadership in Energy and Design (LEED) indicating that the residence has been certified as a green building, the applicant shall be granted a rebate of 50 percent of all planning permit, plan check and building permit application fees paid to department of planning, building and code enforcement. Any fees paid to city consultants for review of the project (including, but not limited to, fees paid to a city consultant for building plan check, building inspections, geologic review, NPDES review, etc.) shall not be refunded. In order to receive a rebate, proof of certification by LEED shall be submitted to the city within 90 days of building permit final.

(Code 1981, § 17.83.020; Ord. No. 481, § 8(part), 2008)

17.83.030. - Green building application requirements for obtaining single-family and multifamily projects.

A.

Property owners that choose to participate in the city's green building program for single-family or multifamily residential projects shall comply with the following requirements:

1.

In conjunction with submittal of a planning application for a new residence or a major renovation/remodel (whereby more than 50 percent of the existing interior and/or exterior walls are removed), that meets the minimum requirements for obtaining "green" certification, the property owner shall provide all of the following to the director:

a.

A letter of intent to participate in the city green building program, which shall include the following:

i.

The project address;

ii.

A statement from the property owners stating that they have designed and will construct or renovate/remodel a home according to the city's minimum Green Points Rated requirements; and

iii.

A statement acknowledging that compliance is voluntary and benefits will only be granted upon proof of final certification by Build It Green and acceptance of said certification by the director; and

b.

Documentation that the services of a Certified Green Building Professional (CGBP), or an accredited professional through a similarly recognized program subject to the approval of the director has been retained; and

c.

A copy of the proposed Green Points Checklist and any additional supporting documentation indicating how the project will achieve the minimum points required to become Green-Point Rated.

2.

Upon submittal of a green building construction plan, which has been approved by the city's planning department, into building and safety plan check, the property owner shall ensure that:

a.

The submitted building plans and documents indicate in the general notes and/or individual detail drawings the green building measures employed to become Green-Point Rated;

b.

A copy of the Green Points Checklist shall be incorporated in the building plans; and

c.

The services of a Green Points Rator, or an accredited third-party professional through a similarly recognized program that has been approved by the director, has been retained to conduct on-site inspections throughout the construction process to verify that the green measures set forth in the Green Points Checklist have been implemented to become Green-Point Rated.

(Code 1981, § 17.83.030; Ord. No. 481, § 8(part), 2008)

17.83.040. - Green building application requirements for commercial, institutional and/or mixed-use projects.

A.

Property owners that choose to participate in the city's green building program for commercial, institutional and/or mixed-use projects shall comply with the following requirements:

1.

In conjunction with submittal of a planning application for a new development project or a major renovation/remodel (whereby more than 50 percent of the existing interior and/or exterior walls are removed)

that meets the minimum requirements for obtaining green certification, the property owner shall provide all of the following to the director:

a.

A letter of intent to participate in the city green building program which shall include the following;

i.

The project address;

ii.

A statement from the property owner indicating that they have designed and intend to construct or renovate/remodel a commercial, institutional and/or mixed-use project according to the minimum Leadership in Energy and Environmental Design (LEED) Certified requirements; and

iii.

Acknowledgement that compliance is voluntary and benefits will only be granted upon proof of final certification by a LEED accredited professional and approval by the director;

b.

Documentation that the services of a LEED accredited professional, or an accredited professional through a similarly recognized program that has been approved by the director prior to submittal of an application, has been retained; and

c.

A copy of the LEED checklist and any supporting documentation indicating how the project will achieve a minimum LEED rating of Certified.

2.

Upon submittal of green building construction, plans, which have been approved by the city's planning department, into building and safety plan check, the property owner shall ensure that:

a.

The submitted building plans and documents specify in the general notes and/or individual detail drawings the green building measures employed to become LEED Certified. A copy of the LEED checklist shall be incorporated in the building plans. The LEED checklist shall be prepared, signed, and dated by the project LEED accredited professional;

b.

The services of a LEED accredited professional, or an accredited third-party professional through a similarly recognized program that has been approved by the director, has been retained to conduct on-site inspections throughout the construction process to verify that the green measures set forth in the LEED checklist have been implemented to achieve a minimum LEED level of Certified; and

c.

The project has been registered with the relevant LEED rating program.

(Code 1981, § 17.83.040; Ord. No. 481, § 8(part), 2008)

17.83.050. - Application procedures for renewable energy systems (photovoltaic and solar water heating).

A.

This section provides standards and procedures for permitting renewable energy systems, such as photovoltaic (solar panels) and/or solar water heating systems, within all zoning districts.

1.

Roof-mounted renewable energy systems. Any roof-mounted renewable energy system may be installed after the applicable building permits have been obtained from the city. Small residential rooftop solar energy systems are governed by section 15.040.070(B) of this Code.

2.

Ground-mounted energy systems. Installation of renewable energy systems are permitted in any zoning district through a minor site plan review application, provided that such systems do not encroach into a setback area or exceed 12 feet in height, as measured from existing grade.

3.

Renewable energy systems on extreme slopes. Installation of renewable energy systems are permitted to be constructed on an extreme slope without the need for an extreme slope permit.

(Code 1981, § 17.83.050; Ord. No. 481, § 8(part), 2008; Ord. No. 574, § 4, 9-1-2015)

A.

Purpose. The purposes of this section are as follows:

1.

To provide for the installation and use of small wind energy systems in certain nonurbanized areas of the city to encourage the use of alternative energy sources;

2.

To minimize visual impacts of wind energy towers through careful design, siting and vegetation screening;

3.

To avoid damage to adjacent properties from tower failure through careful design and siting of tower structures; and

To ensure that wind energy towers are compatible with adjacent uses.

B.

Conditional use permit required. The installation and/or operation of a small wind energy system, as defined in chapter 17.96 (Definitions) of this title, shall require a conditional use permit reviewed and approved by the planning commission pursuant to the procedures set forth in chapter 17.60 (Conditional Use Permits). Except as modified by the provisions of this section, all applications for a conditional use permit for a small wind energy system shall comply with the procedures set forth in chapter 17.60 (Conditional Use Permits).

C.

Permissible zones. The development of small wind energy systems shall be permitted in the following zones on lots that are one acre or greater in size: CL (Commercial Limited), CN (Commercial Neighborhood), CP (Commercial Professional), CG (Commercial General), I (institutional), C (Cemetery) and OR (Open Space Recreation).

D.

Requirements. Each small wind energy system shall comply with the following requirements:

1.

Lot size. A small wind energy system may be installed on a lot with a minimum size of one acre.

2.

Tower height. Tower height, as defined in chapter 17.96 (Definitions) shall be measured from lowest finished grade immediately adjacent to the base of the tower. For parcels between one acre and five acres in size, tower height shall be no more than 65 feet. For parcels greater than five acres, tower height shall be no more than 80 feet. Under no circumstances may the height of a tower exceed the height recommended by the manufacturer or distributor of the system. The application shall include evidence that the proposed height of the system does not exceed the manufacturer's recommended height for the system.

3.

Setbacks. All small wind energy systems shall comply with the following setback requirements:

a.

At a minimum, a wind energy system shall be set back from any property line a distance equal to the height of the system. No part of the system, including guy wire anchors, shall extend closer than 30 feet to any property line. In addition, all setbacks comply with applicable fire setback requirements pursuant to Public Resources Code § 4290 or its successor statute.

b.

Placement of more than one tower on a lot may be permitted, provided that all setbacks and all other standards set forth in this section are met by each tower.

c.

The towers may be located as close to each other as is technically feasible.

d.

Any accessory structures used in association with the towers shall meet the setbacks required in the applicable zoning district.

4.

Turbine. Any wind energy system installed pursuant to this section must have a turbine. The system's turbine must be approved by the California Energy Commission as qualifying under the Emerging Renewables Fund of the Energy Commission's Renewables Investment Plan or certified by a national program recognized by the Energy Commission.

5.

Noise level. Noise levels for the system shall be no greater than either 60 decibels measured at the closest neighboring inhabited dwelling or any existing maximum noise levels in the general plan, whichever is lower. The noise levels established by this subsection shall not apply during short-term events such as utility outages and severe windstorms.

6.

Safety standards. A small wind energy system installed pursuant to this section must be designed to meet the most stringent wind requirements (as established by the California Building Code), the requirements for the worst seismic class (Seismic 4), and the weakest soil class, with soil strength of not more than 1,000 pounds per square foot. The application shall include evidence sufficient to demonstrate the system complies with these standards.

7.

Roof mounting prohibited. A small wind energy system may not be mounted on the roof of any structure.

8.

Aviation regulations. The system shall comply with all applicable requirements imposed by the Federal Aviation Administration (FAA), including subpart B (commencing with section 77.11) of part 77 of title 14 of the Code of Federal Regulations, and the State Aeronautics Act (Public Utilities Code § 21001 et seq.).

9.

Primary use. A wind energy system installed pursuant to this section shall be used primarily to reduce onsite consumption of utility power.

10.

Visual impacts. A wind energy system may not impair a view from an adjoining property or create other adverse aesthetic impacts on adjacent properties. The applicant shall demonstrate that the tower will comply with all applicable provisions of section 17.02.040 (View preservation and restoration) of this title. The

applicant shall further demonstrate that the tower can be expected to have the least visual impact on the environment, taking into consideration technical, engineering, economic, and other pertinent factors. Towers clustered on the same site shall be of similar height and design whenever possible.

11.

Maintenance impacts. The applicant shall describe anticipated maintenance needs for each wind energy system requested, including the frequency of service, personnel needs, equipment needs, and traffic, noise or safety impacts of such maintenance.

12.

Parking. A minimum of two parking spaces shall be provided on each site. An additional parking space for each two employees shall be provided at facilities that require on-site personnel. Storage of vehicles or equipment on a site housing a small wind energy system requires approval of the director or planning commission. Vehicle and equipment storage must conform to landscape and screening requirements.

13.

Landscaping. The applicant shall provide a landscape plan to be approved by the director or planning commission. The plan shall note specifications for landscape and screening, including plantings, fences, walls and other features designed to screen and buffer towers, accessory uses and stored equipment. Native vegetation shall be preserved to the greatest extent practicable and incorporated into the landscape plan.

14.

Accessory uses. Accessory uses shall include only such buildings and facilities permitted by the underlying zoning or necessary for the operation and maintenance of the wind energy system.

15.

Application of underlying zoning standards. Except as otherwise provided by this section, a small wind energy system shall comply with all applicable development standards for the underlying zone to the extent such standards do not conflict with paramount federal or state law.

16.

Coordination with electric utility service provider. Unless the applicant does not intend to connect the wind energy system to the electricity grid, the applicant shall demonstrate that the electric utility service provider that serves the proposed site has been informed of the applicant's intent to install an interconnected, customer-owned electricity generator.

E.

Prohibited sites. A small wind energy system shall not be allowed on any of the following locations:

1.

A small wind energy system shall not be allowed on any site subject to the city's coastal specific plan and/or the California Coastal Act (commencing with of the Public Resources Code § 30000).

2.

A small wind energy system shall not be permitted on any site that is listed on the National Register of Historic Places or the state register of historical resources pursuant to Public Resources Code § 5024.1.

3.

A small wind energy system shall not be permitted on any parcel that is part of an open space easement entered into pursuant to Civil Code div. 2, pt. 2, title 2, ch. 4 (Civil Code § 815 et seq.).

4.

A small wind energy system shall not be permitted on any parcel that is part of an open space easement entered into pursuant to the Open-Space Easement Act of 1974, Government Code title 5, div. 1, pt. 1, ch. 6.6 (Government Code § 51070 et seq.).

5.

A small wind energy system shall not be permitted on any site designated as an Alquist-Priolo Hazard Zone pursuant to the Alquist-Priolo Earthquake Fault Zoning Act (Public Resources Code § 2621 et seq.).

F.

Requirements for application. Each application for a small wind energy system shall include the following information:

1.

A completed conditional use permit application on a form prescribed by the department of planning, building and code enforcement;

2.

Site plan to scale, specifying the location of the tower, guy wires, equipment building and other accessory uses, access, parking, fences, landscaped areas and screening;

3.

Scaled elevation plans of the proposed tower, equipment building, and other accessory uses and related landscaping and screening;

4.

Standard drawings and an engineering analysis of the tower showing compliance with the California Building Code or the California Building Standards Code (BSC), and certification by a professional mechanical, structural or civil engineer licensed by the state;

5.

A line drawing of the electrical components of the system in sufficient detail to show that the manner of installation conforms with the National Electrical Code and evidence that the electric utility service provider

that serves the proposed site has been informed of the applicant's intent to install an interconnected, customer-owned electricity generator;

6.

Evidence demonstrating that the proposed height of the wind energy system does not exceed the manufacturer's recommended height for the system;

7.

Sufficient evidence of the structural integrity of the tower demonstrating compliance with the safety standards set forth in subsection (D)(6) of this section;

8.

An affidavit that the primary purpose of the wind energy system is to reduce onsite consumption of utility power;

9.

A completed environmental assessment application;

10.

A scaled landscape plan indicating size, spacing and type of plantings as required in subsection (D)(13) of this section;

11.

Any additional information requested by the director and reasonably necessary to evaluate the application.

G.

Notice. Notwithstanding the notice provisions of section 17.60.040 (Public Hearing), notice of any application for a conditional use permit for a wind energy system shall be provided to property owners within 300 feet of the property on which the system is to be located.

H.

Findings. In addition to the findings required by section 17.60.050 (Findings and Conditions) of this title, the planning commission may grant a conditional use permit for a small wind energy system only if it finds:

1.

The wind energy system will not impair a view from an adjoining property or create other adverse aesthetic impacts on adjacent properties; and

2.

The wind energy system complies with all applicable safety requirements and will not expose the public to any undue safety risk.

I.

Appeal. The decision of the planning commission may be appealed to the city council in accordance with the procedure set forth in section 17.80.070 (Appeal to city council) of this title.

(Code 1981, § 17.83.060; Ord. No. 377, § 2, 2002; Ord. No. 481, § 9, 2008)

ARTICLE VIII. - ADMINISTRATION CHAPTER 17.84. - NONCONFORMITIES

This chapter provides for lots, uses and structures which are or become nonconforming with the standards of this title; specifies the conditions under which nonconformities may continue, and prohibits the expansion of nonconformities.

(Code 1981, § 17.84.010; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

The provisions of this chapter shall apply to all lots, uses and structures which do not meet the standards of this title as a result of noncompliance upon adoption of this title, or amendments thereto, or upon annexation of territory to the city. This chapter does not apply to illegal lots, uses or structures.

(Code 1981, § 17.84.020; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

Nonconforming lots, uses and structures may be continued subject to the provisions of this chapter.

(Code 1981, § 17.84.030; Ord. No. 320, § 7(part), 1997)

All lots which do not meet the minimum lot area, dimension standards and minimum building pad area requirement of the district in which they are located are deemed nonconforming lots, and the following provisions shall apply:

A.

Undeveloped, nonconforming lots may be used and have a structure erected upon them, provided that geologic and/or soils reports are submitted and approved by the city and all applicable building code requirements can be satisfied. However, if such a lot is contiguous to another lot of the same ownership on the effective date of the ordinance from which this title is derived, such lots shall be considered to be an undivided parcel for the purposes of this title, and the separate lots shall be combined and recorded as one lot prior to the use of, and prior to the issuance of a building permit for any construction on the lot, or contiguous commonly owned lot where this condition exists;

B.

No nonconforming lot shall be reduced in area or dimensions if such reduction would result in a greater degree of nonconformity.

(Code 1981, § 17.84.040; Ord. No. 320, § 7(part), 1997)

All uses which are not listed as permitted uses in the district in which such use is being conducted, and all uses which, if presently initiated, would require a conditional use permit by this title and which do not have an approved conditional use permit, are deemed nonconforming uses, and the following provisions shall apply:

A.

No nonconforming use shall be expanded or moved in whole or in part to any portion of the lot or parcel or other structure other than that occupied by such use at the effective date of the ordinance from which the provisions of this chapter are derived, except as provided in sections 17.12.040 (Commercial Districts) and 17.26.050 (Institutional (I) District) of this title.

B.

No nonconforming use may be changed to a different nonconforming use.

C.

If a nonconforming use is discontinued for a period of 180 calendar days or more, it shall not be reestablished. The destruction of buildings and/or land occupied by a nonconforming use, as a result of an involuntary act or a voluntary act taken against the buildings and/or land, which is not the fault of the property owner or lessee, shall not constitute a discontinued use.

(Code 1981, § 17.84.050; Ord. No. 78(part), 1975; Ord. No. 90, § 10, 1977; Ord. No. 320, § 7(part), 1997)

All structures, including main buildings, accessory buildings, walls, fences and any other structures, which do not meet the height or setback standards, or which result in open space less than required, or for which the number of parking spaces provided is less than required, are deemed to be nonconforming structures. No physical change, enlargement, extension or reduction which increases the degree or extent of a nonconforming structure or building shall be made. The following provisions shall apply:

A.

Residential buildings.

1.

Residential buildings and any attached or detached accessory structures located in any zoning district which are damaged or destroyed by a geologic hazard may be replaced, repaired or restored to original condition, provided that such construction shall be limited to the same square footage, maximum height and general location on the property; and said construction shall not aggravate any hazardous geologic condition if a hazardous geologic condition remains. Prior to approval for such construction, the applicant shall submit to the city geologist any geological and/or geotechnical studies reasonably required by the city geotechnical

staff and the applicant shall comply with any abatement measures as a condition of permit issuance. Upon application to the director, buildings may be expanded to conform to the setbacks listed below:

Minimum Setback Standards

2.

Residential buildings and any attached or detached accessory structures located in any zoning district which are damaged or destroyed due to an involuntary act, or due to a voluntary act against the structures which is not the fault of the property owner may be replaced, repaired or restored to original condition, provided that such construction is limited to the same maximum height, square footage, number of pre-existing and legally permitted dwelling units and detached accessory structures, and are located in the same general location on the property. Upon application to the director, structures may be expanded to conform to the setbacks listed in subsection (A)(1) of this section.

3.

Residential buildings that are proposed to be remodeled or renovated such that 50 percent or greater of any existing interior and exterior walls or existing square footage is demolished or removed within a two-year period, shall then conform to all current development standards for that district and the most recently adopted version of the California Building Code.

B.

Nonresidential buildings. Through December 31, 2009, any nonconforming nonresidential building in any commercial district may be restored to its original condition consistent with the California Building Code, in the event of destruction due to an involuntary act, or due to a voluntary act against the property which is not the fault of the property owner. Such construction shall not extend the amortization period for any structure.

C.

Other structures.

1.

Any nonconforming structure which requires a building permit and which has deteriorated or is damaged, may be restored to original condition, in accordance with the most recently adopted version of the California Building Code, provided that the cost of such restoration does not exceed 50 percent of the replacement value of the structure, as determined by the director. If the restoration is necessary due to damage, the restoration shall commence, as that phrase is defined in section 17.86.070 (Enforcement) of this title, one year from the date when the damage occurred. Otherwise, the restoration of said structure shall conform to all current development standards for that district.

Any nonconforming structure which does not require a building permit and which has deteriorated or is damaged, may be restored to original condition, provided that such restoration does not pose a significant safety hazard, as determined by the director. If the restoration is necessary due to damage, the applicant shall commence upon the restoration, as that phrase is defined in section 17.86.070(A)(2) (Enforcement) of this title, within one year from the date the restoration is approved by the director.

D.

The director shall be notified in writing prior to the restoration or replacement of any nonconforming structure. With the exception of nonconforming walls, fences and the minor structures and mechanical equipment listed in section 17.48.030(E)(3) (Lots, Setbacks, Open Space Area and Building Height) of this title, the replacement and/or restoration of nonconforming structures shall be approved by the director through a site plan review application, provided the proposed replacement and/or restoration conforms to the provisions of this chapter.

E.

Where a structural alteration is proposed to be made to any legal nonconforming building, accessory structure or garage, no building permit for a new structure or an addition to an existing structure which adds 50 percent or more to the existing floor area shall be issued, unless plans to bring any nonconforming building into compliance with the standards of this title or as near to compliance as is practically feasible, are approved by the director. No certificate of occupancy or final building permit shall be issued until such improvements are completed per the approved plans. This requirement shall not apply to nonconforming buildings which are deemed legal nonconforming because they do not meet the setback standards of this title.

F.

When the underlying zoning designation changes on a parcel, the property shall be brought into compliance with the parking standards of the new zoning designation, at such time that a change of use of the property, as defined by chapter 17.96 (Definitions) of this Code, occurs.

(Code 1981, § 17.84.060; Ord. No. 78(part), 1975; Ord. No. 158, §§ 4-6, 1982; Ord. No. 187, § 12, 1984; Ord. No. 194, § 18, 1985; Ord. No. 302, § 7, 1994; amended during 11-97 supplement; Ord. No. 320, § 7(part), 1997; Ord. No. 392, § 5, 2003; Ord. No. 463, § 10, 2007; Ord. No. 529, § 33, 11-15-2011)

CHAPTER 17.86. - ENFORCEMENT

This chapter ensures compliance with the provisions of title 16 (Subdivisions) and this title.

(Code 1981, § 17.86.010; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

Formal rules of evidence or procedure which are followed in court shall not be applied to hearings before the city council or planning commission. No action, inaction or recommendation regarding any planning or zoning matter by either the city council or planning commission or any staff member shall be held void or invalid or be set aside by any court on the ground of the improper consideration or rejection of evidence or by reason of

any error or otherwise in any of the administrative or legislative procedures, so long as such error was not prejudicial and the omission of such error would not have afforded a different decision by the city council, planning commission or staff.

(Code 1981, § 17.86.020; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

Within each district, any use not specifically listed as permitted shall be prohibited unless the planning commission finds such use to be similar to and no more intensive than permitted uses in that district.

(Code 1981, § 17.86.030; Ord. No. 194, § 19, 1985; Ord. No. 320, § 7(part), 1997)

It shall be the duty of the director or an authorized agent of the director to enforce the provisions of this title. This duty shall include taking such legal action as may be necessary to ensure compliance.

(Code 1981, § 17.86.040; Ord. No. 75(part), 1975; Ord. No. 320, § 7(part), 1997)

A.

The city shall not accept for processing or grant:

1.

Any application for a development, use or other permit or entitlement on any lot or parcel on which the director has verified that a violation of this code exists; or

2.

A view restoration or a view preservation application submitted by the owner of a lot or parcel on which the director has verified that a violation of this code exists.

An application may be accepted or granted by the city if the subject lot or parcel is brought into compliance with this municipal code, either by removing the violation or by submitting an application to legalize the violation and a permit or approval is granted pursuant to subsection (B) of this sectioin.

B.

Notwithstanding an existing violation of this code, the planning commission may authorize a permit or approval under this code if it finds:

1.

The permit or approval must be granted by virtue of applicable law or in order to permit the applicant a reasonable economic use of the property, in which case the permit or approval shall be conditioned upon elimination of the existing code violations; or

The use or activity for which the permit or approval is sought will substantially contribute to the reduction or elimination of the existing code violations and immediate, total elimination of those violations is infeasible or would constitute an unreasonable burden upon the applicant.

C.

A determination of violation pursuant to subsection A of this section and a permit or approval granted pursuant to subsection B of this section may be appealed by any interested person pursuant to chapter 17.80 (Hearing notice and appeal procedures) of this title.

(Code 1981, § 17.86.050; Ord. No. 320, § 7(part), 1997; Ord. No. 356, § 7, 2000; Ord. No. No. 575, § 7, 12-152015)

The officer or body taking final action granting any permit pursuant to the provision of this title may, after following the same procedures utilized for approving such a permit, revoke or suspend the permit if:

A.

The permit was issued erroneously;

B.

The permit was issued on the basis of incorrect or fraudulent information supplied by the applicant;

C.

The permit was issued contrary to the provisions of this Code; or

D.

The permit is being or recently has been, exercised contrary to the terms or conditions of such permit.

No permit shall be revoked prior to providing a ten calendar day written notice to the holder of the permit and an opportunity to be heard before the officer or body considering revocation or suspension of the permit. Any decision to revoke or not to revoke a permit, other than a decision by the city council, may be appealed by any interested party pursuant to chapter 17.80 (Hearing notice and appeal procedures) of this title.

(Code 1981, § 17.86.060; Ord. No. 175, § 19, 1983; Ord. No. 320, § 7(part), 1997)

17.86.070. - Expiration of permit upon nonuse.

A.

Any permit or approval granted under this title shall become null and void unless the applicant commences upon the permitted use within the time permitted by subsection (B) of this section, unless another provision of this title or a provision of the approval or permit itself provides a different period for the permit or approval in issue. For purposes of this section, an applicant has commenced upon a permitted use if:

The applicant has submitted an application for a building permit, if such a permit is required for the permitted use;

2.

The applicant has begun development and no building permit is required for the permitted use;

3.

The applicant has occupied a property and commenced the permitted use, if no development is required for the permitted use; or

4.

The applicant has complied with all conditions applicable to the permit or approval, if subsections (A) (1) through (3) of this section do not apply to the permit or approval at issue.

B.

Any development permit application initially approved by the director or their designee pursuant to this title, or any permit or approval granted by the planning commission or city council on appeal, shall be valid for 180 calendar days from the date of final action on the permit or approval. All such permits and approvals shall be null and void after that time, unless the applicant has commenced upon the use, as the phrase is defined in subsection (A) of this section. In addition, such permits and approvals shall be null and void if after submitting an application for a building permit, as described in subsection (A)(1) of this section, said permit is allowed to expire or is withdrawn by the applicant. Upon a showing of substantial hardship, delays beyond the control of the applicant, or other good cause, the final approving body of the original permit or approval may extend this period one time for up to an additional 180 calendar days.

C.

With the exception of permits or approvals approved in conjunction with a parcel map or tract map, any development permit application initially approved by the planning commission or city council pursuant to this title, including approvals granted by the city council on appeal, shall be valid for one year from the date of final action on the permit or approval. All such permits shall be null and void after that time unless the applicant has commenced upon the use, as that phrase is defined in subsection (A) of this section. Upon a showing of substantial hardship, delays beyond the control of the applicant or other good cause, the planning commission or city council may extend this period one time for up to one additional year. The expiration of permits approved in conjunction with a parcel map or tract map pursuant to title 16 (Subdivisions) of this code shall be coincidental with the expiration of the parcel map or tract map.

D.

Any development permit application deemed null and void by this section may be reissued by the director provided the following occurs:

1.

No changes have been made or will be made to the originally approved plans;

The development permit application has not been null and void for more than one year; and

3.

A fee of one-half the original application fee is paid by the applicant.

(Code 1981, § 17.86.070; Ord. No. 320, § 7(part), 1997)

The fees and charges made pursuant to title 16 (Subdivisions) and this title and other policies of the city shall be doubled, when work requiring a permit has been started or carried on prior to obtaining said permit or if said permit is allowed to expire or is withdrawn by the applicant. A nonrefundable penalty fee, as established pursuant to city council resolution, shall be charged for applications for which the fees are based on deposits against charges. If a property owner can demonstrate to the satisfaction of the director that an unpermitted structure which is the subject of an after-the-fact application was constructed prior to the current property owner taking title to the property and was not disclosed by the previous property owners, then the penalty fees may be waived by the director.

(Code 1981, § 17.86.080; Ord. No. 175, § 20, 1983; Ord. No. 320, § 7(part), 1997; Ord. No. 529, § 34, 11-152011)

Any person, firm or corporation, whether as principal, agent, employee or otherwise, who violates or causes the violation of any of the provisions of this title or title 16 (Subdivisions) shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than $1,000.00, or by imprisonment for a term not to exceed six months, or by both such fine and imprisonment. Each person, firm or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this title or title 16 (Subdivisions) is committed or continued by such a person, firm or corporation.

(Code 1981, § 17.86.090; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

A.

Any court action or proceeding to attack, review, set aside, void or annul any decision regarding the general plan or any matter mentioned in this title or concerning any of the proceedings, acts or determinations taken, done or made prior to such decision, shall not be maintained by any person unless such action or proceeding is commenced within 30 days after the date on which such decision becomes final. Thereafter all persons are barred from any such action or proceeding or any defense of invalidity or unreasonableness of such decision or of such proceedings, acts or determinations.

B.

Any court action brought pursuant to Code of Civil Procedure § 1094.5 to attack, review, set aside, void or annul any decision denying an application for a permit or revoking a previously granted permit, shall not be

maintained by any person unless such action is commenced within 90 days after the date on which such decision becomes final. This subsection has been adopted pursuant to Code of Civil Procedure § 1094.6.

(Code 1981, § 17.86.100; Ord. No. 78(part), 1975; Ord. No. 111, § 1, 1978; Ord. No. 320, § 7(part), 1997) CHAPTER 17.88. - ZONING MAP

This chapter establishes an official zoning map and procedures for its administration.

(Code 1981, § 17.88.010; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

A.

The zoning districts created by this title and the boundaries of such districts are shown upon a map which is incorporated and made a part of this title by reference, being designated as the official zoning map of the city, and said map and all the notations, references and other information shown thereon shall be as much a part of this title as if the matters and information set forth by said map were all duly described in this title.

B.

The official zoning map shall be identified by the signature of the city clerk and bear the seal of the city under the following words: "This is to certify that this is the Official Zoning Map of the City of Rancho Palos Verdes, California," together with the date of the adoption of the ordinance codified in this title.

C.

The original zoning map shall be kept on file with the director and shall constitute the original record. A copy of said map shall also be filed with the city clerk.

D.

If, in accordance with the provisions of this chapter and the laws of the state, changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be entered on the official zoning map promptly after an ordinance making the amendment has been adopted by the city council, with an entry on the official zoning map as follows: "On (date) by Ordinance No._____ of the city council the following (change/changes) (was/were) made on the Official Zoning Map: (brief description of nature of change)," and shall be signed by the city clerk.

E.

A new amended official zoning map shall be prepared by the director at the end of each fiscal year upon which is shown all changes and amendments enacted during the previous period of time. Said zoning map shall thereafter be filed with the city clerk, building official and director.

F.

No change of any nature shall be made in the official zoning map or matter shown thereon except in conformity with the procedures set forth in this chapter. Any unauthorized change of any kind, by any person, shall be considered a violation of this chapter and punishable as provided by law.

(Code 1981, § 17.88.020; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

A.

Where indicated district boundaries are approximately street, alley or lot lines, said lines are determined to be the boundaries of the district. Otherwise, the boundaries shall be determined by the dimensions shown on the official zoning map. In the absence of a dimension, the boundary shall be determined by use of the scale shown on said map.

B.

A street, alley, railroad or railway right-of-way, watercourse, drainage channel or body of water included on the zoning map shall, unless otherwise indicated, be included within the zone of adjoining property on either side thereof; and where such street, alley, right-of-way, watercourse, drainage channel or body of water serves as boundary between two or more different zoning districts, the centerline of such right-of-way, watercourse, channel or body of water shall be considered the boundary between zoning districts.

C.

In the event that a vacated street, alley, right-of-way or easement was the boundary between two districts, the new zoning district boundaries shall be at the new property line or at a line established at or within, 50 feet of the centerline of the street or alley that has been vacated.

D.

Where uncertainties exist, the location of the district boundary may be determined pursuant to the interpretation procedures described in chapter 17.90 (Interpretation Procedure) of this title.

(Code 1981, § 17.88.030; Ord. No. 78(part), 1975; Ord. No. 90, § 12, 1977; Ord. No. 320, § 7(part), 1997)

CHAPTER 17.90. - INTERPRETATION PROCEDURE

This chapter provides a procedure for the following interpretations to this Code:

A.

In cases of uncertainty or ambiguity as to the meaning or intent of any provision of title 16 (Subdivisions) or this title, or to further define or enumerate the uses permitted in the various zoning districts. Said interpretations shall be generally applicable to all situations of the same type and shall not be limited or directed to specific parcels or circumstances thereon.

B.

An adjustment of an open-space hazard zoning district boundary line (except within the coastal zone) up to 100 feet from the location depicted on the city's official zoning map if such adjustment is necessary to demarcate a more accurate and precise location of the open-space hazard district boundary line on the official zoning map, based on site conditions and geology.

C.

An adjustment of a coastal specific plan setback zone boundary line, or open-space hazard district boundary lines within the coastal zone, up to five feet from the location depicted on the city's official zoning map, if such adjustment is necessary to demarcate a more accurate and precise location of the open-space hazard district boundary line on the official zoning map, based on site conditions and approved geology.

D.

An adjustment to a zoning or special district boundary line, other than the open-space hazard district boundary line or a coastal specific plan setback zone boundary line, of up to 30 feet from the location depicted on the official zoning map.

(Code 1981, § 17.90.010; Ord. No. 320, § 7(part), 1997; Ord. No. 532, § 5, 2-21-2012)

A.

An interpretation related to section 17.90.010(A), (C) or (D) may be initiated by the city council, planning commission, director, or by any person upon the written request and payment of fee, as established pursuant to city council resolution.

B.

An interpretation related to section 17.90.010(B) may only be initiated by the owner of the property on which said open-space hazard zoning district is located.

1.

The written interpretation request shall include the property address, the requested distance that the zoning district boundary line or area is to be adjusted from the location depicted on the zoning map, and the property owner's original signature. Furthermore, said written request shall be accompanied by a scaled site plan, including the property lines, the existing open-space hazard boundary line, and the proposed new boundary line with the scaled distance of the proposed movement of the boundary line, as well as a fee for a geological site inspection by the city's geotechnical staff to verify that the proposed adjustment of an open space hazard zoning district boundary line will not adversely impact the public health, safety and welfare.

2.

Requests for interpretation pursuant to section 17.90.010(B) for any lot or parcel cannot exceed a cumulative total of 100 feet from the original location of the open-space hazard line.

(Code 1981, § 17.90.020; Ord. No. 320, § 7(part), 1997; Ord. No. 532, § 5, 2-21-2012)

A.

An interpretation shall be based on an examination of the intent of this Code, considering all the relevant provisions thereof, and shall be consistent with such intent. Consideration shall be given to the relationship among the regulations of the various zoning classifications and the uses and development standards therein.

B.

In the case of an interpretation involving further definition or enumeration of uses permitted in a particular zone, consideration shall be given to the similarities and differences between the characteristics of each use subject to interpretation and the characteristics of those uses expressly permitted in the zone.

C.

In the case of an interpretation involving the location of a coastal specific plan setback zone boundary line, consideration shall be based on geotechnical and/or soils reports.

D.

In the case of an interpretation involving the location of an open space hazard zoning district boundary line, consideration shall be based on geotechnical and/or soils reports, only if required by the city's geotechnical staff after the initial geological site inspection. Otherwise, the interpretation will be based upon the geological site inspection and site conditions.

(Code 1981, § 17.90.030; Ord. No. 320, § 7(part), 1997; Ord. No. 532, § 5, 2-21-2012)

17.90.040. - Preparation, notice and transmittal.

A.

For interpretations related to section 17.90.010(A), within 30 days after the initiation of an interpretation, the director shall prepare a written interpretation and transmit it to the planning commission and the city council and shall give public notice that such interpretation has been prepared. Such notice shall be published and given to the property owner, any interested parties, and any affected homeowner's associations, as required for a Code amendment, pursuant to chapter 17.68 (Zone Changes and Code Amendments) of this title. Within 15 calendar days after the date of the notice, the planning commission, city council or any interested person may make a written request to the director for a hearing. If no such request for a hearing is received, the interpretation shall become effective and final 15 calendar days after the date of the notice.

B.

For interpretations pursuant to section 17.90.010(B), (C) or (D), within 30 days after the initiation request has been deemed complete by staff, the director shall prepare a written interpretation and transmit it to the person requesting the interpretation, owners of all abutting properties, and any interested person. Within five calendar days after the date of the director's notice, the person requesting the interpretation, the abutting property owners, and any interested person may file a written appeal of the decision of the director to the planning commission, and any decision of the planning commission to the city council, pursuant to chapter 17.80 (Hearing notice and appeal procedures) of this title. Within 15 calendar days of filing an appeal, the appellant appealing a decision related to section 17.90.010(B) and (C) must submit the basis for the appeal supported by a letter or report from a registered geologist or geotechnical engineer. If no timely written appeal

is submitted or if a written appeal is submitted but no follow-up geological letter or report is submitted within the time frame specified, the decision will be final.

(Code 1981, § 17.90.040; Ord. No. 320, § 7(part), 1997; Ord. No. 532, § 5, 2-21-2012)

17.90.050. - Planning commission hearing and action.

A.

If a request for an interpretation hearing related to section 17.90.010(A) is received, or if an appeal of a director interpretation pursuant to section 17.90.010(B), (C), or (D) is filed, a hearing shall be held by the planning commission within 30 calendar days of the date of such request or appeal.

B.

After the hearing, the planning commission may, by resolution, adopt the proposed interpretation, adopt a modified or different interpretation, or refer the matter to the director for further study. Failure of the planning commission to act within 60 calendar days after the close of the hearing shall be deemed an approval of the director's interpretation.

C.

If the planning commission refers the matter to the director for further study, the director shall prepare and submit another interpretation in accordance with the provisions of section 17.90.040 (Preparation, notice and transmittal) of this chapter.

D.

Unless the planning commission refers the interpretation to the director for further study, the director shall give written notice of the decision of the planning commission to the applicant, any interested person, and any affected homeowner's association pursuant to section 17.80.040 (Notice of decision by director) of this title. The decision of the planning commission shall become effective and final 15 calendar days after the date of notice of its action, unless an appeal to the city council is filed in accordance with section 17.80.070 (Appeal to city council) of this title.

(Code 1981, § 17.90.050; Ord. No. 320, § 7(part), 1997; Ord. No. 532, § 5, 2-21-2012)

When an interpretation pursuant to section 17.90.010(A) is given final approval by the director, planning commission or city council, the director shall enter the interpretation in a book of interpretations which shall be preserved and made accessible to any interested person. When an interpretation pursuant to section 17.90.010(B), (C) or (D) is given final approval, the interpretation shall be noted in the city's file on the subject property and updated on the city's official zoning map through the procedure identified in section 17.88.020(E).

(Code 1981, § 17.90.060; Ord. No. 320, § 7(part), 1997; Ord. No. 532, § 5, 2-21-2012)

CHAPTER 17.92. - SEVERABILITY

If any section, sentence, clause or phrase of this title or title 16 (Subdivisions) is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this title. The city council declares that it would have adopted this title and title 16 (Subdivisions) and each section, sentence, clause and phrase hereof, irrespective of the fact that any one or more sections, sentences, clauses or phrases be declared invalid or unconstitutional.

(Code 1981, § 17.92.010; Ord. No. 75(part), 1975; Ord. No. 320, § 7(part), 1997)

CHAPTER 17.96. - DEFINITIONS

This chapter provides precise meaning or significance to a word, phrase or expression. This chapter applies to title 15 (Buildings and Construction), title 16 (Subdivisions) and this title.

(Code 1981, § 17.96.010; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Access" means the place or way by which pedestrians and vehicles have safe, adequate and suitable ingress and egress to a property or use as required by this title.

(Code 1981, § 17.96.020; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.022. - Accessory dwelling unit.

"Accessory dwelling unit" means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall be used for and include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. This definition shall be interpreted as consistent with the definition of accessory dwelling unit found in Government Code § 65852.2.

(Ord. No. 668U, § 8, 10-18-2022)

17.96.023. - Administrative and professional office.

"Administrative and professional office" means any offices predominantly providing direct services to patrons or clients. This use classification also includes offices of firms, organizations, or agencies providing professional, executive, management, administrative, financial, accounting, or legal services, and includes shared offices and business incubators. This use classification does not include medical and dental uses (see "medical and dental use").

(Ord. No. 678U, § 4(Att. B), 4-16-2024; Ord. No. 680U, § 5(Att. B), 6-4-2024; Ord. No. 681, § 4(Att. B), 6-182024)

Editor's note— Ord. No. 678U, § 4(Att. B), adopted April 16, 2024, set out provisions intended for use as § 17.96.024. For purposes of alphabetization, and at the editor's discretion, these provisions have been included as § 17.96.023.

"Alcoholic beverage tasting rooms" means the sale of beverages manufactured on the premises for on-site or off-site consumption. It includes establishments such as breweries, wineries, and distilleries that offer tastings and sales of alcohol beverages in accordance with a license issued by the California Department of Alcoholic Beverage Control.

(Ord. No. 678U, § 4(Att. B), 4-16-2024; Ord. No. 680U, § 5(Att. B), 6-4-2024; Ord. No. 681, § 4(Att. B), 6-182024)

Editor's note— Ord. No. 678U, § 4(Att. B), adopted April 16, 2024, set out provisions intended for use as § 17.96.023. For purposes of alphabetization, and at the editor's discretion, these provisions have been included as § 17.96.024.

"Advertisement" means any announcement, whether in a magazine, newspaper, handbill, notice, display, billboard, poster, email, internet website, platform or application, any form of television or radio broadcast or any other form of communication, whose primary purpose is to propose a commercial transaction.

(Code 1981, § 17.96.025; Ord. No. 592U, § 6, 12-20-2016; Ord. No. 593, § 6, 1-17-2017)

"Advisory agency" means both the planning commission and the director having authority to approve, conditionally approve or disapprove tentative and parcel maps and tentative tract maps.

(Code 1981, § 17.96.030; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Alcoholic beverage retail sales" means the retail sale of alcoholic beverages for off-premises consumption.

(Ord. No. 678U, § 4(Att. B), 4-16-2024; Ord. No. 680U, § 5(Att. B), 6-4-2024; Ord. No. 681, § 4(Att. B), 6-182024)

"Alley" means a public or private way, at the rear or side of property, permanently reserved as a means of secondary access to abutting property.

(Code 1981, § 17.96.040; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Amateur repeater" means a device used for the simultaneous transmission of another amateur station's transmissions on a different channel.

(Code 1981, § 17.96.045; Ord. No. 345, § 7(part), 1999)

"Amusement park" means a commercial entertainment land use consisting of one or more amusement rides, with or without other commercial entertainment land uses, primarily in an outdoor setting.

(Code 1981, § 17.96.050; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Amusement ride" means a mechanical device which is not coin-operated, which provides or promotes motion, and which is not a primary means of transportation within a site, or from one site to another. The term "amusement ride" includes, but is not limited to, carousels, Ferris wheels, roller coasters, water slides and similar devices.

(Code 1981, § 17.96.060; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Animal clinic" means the same as "veterinary clinic."

(Code 1981, § 17.96.070; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Large domestic animals" means the following (any female with her offspring of under one year of age, shall be considered as one animal until weaned):

A.

Horses, which term includes all equines;

B.

Goats, which term includes all caprines, except uncastrated males, which are specifically prohibited after weaned; and

C.

Sheep, which term includes all ovines.

(Code 1981, § 17.96.080; Ord. No. 320, § 7(part), 1997)

"Antenna" means a structure consisting of elements that may either receive or transmit electromagnetic energy.

(Code 1981, § 17.96.085; Ord. No. 345, § 7(part), 1999)

"Antenna assembly" means the totality of equipment used to support reception by or transmission from an antenna. It includes the antennas, including antennas used in connection with amateur repeaters, antenna support structures, and any radiating elements, cables, parabolic dishes and mechanical rotators.

(Code 1981, § 17.96.087; Ord. No. 345, § 7(part), 1999)

"Commercial antenna" means all antennas, parabolic dishes, relay towers and antenna support structures used for the transmission or reception of radio, television and communication signals for commercial purposes. For the purpose of this definition, the term "commercial purposes" shall mean communications for hire or material compensation, or the use of commercial frequencies, as these terms are defined by the Federal Communications Commission (FCC). The term "commercial antennas" shall not include antennas owned or operated by governmental agencies.

(Code 1981, § 17.96.090; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997; Ord. No. 345, § 7(part), 1999; Ord. No. 578U, § 5, 1-19-2016; Ord. No. 580, § 5, 3-15-2016)

"Noncommercial amateur radio antenna" means an antenna or antenna support structure used for noncommercial amateur radio operations, as defined by the Federal Communications Commission (FCC), and where there is no transmission or propagation on a commercial frequency and where there is no transmission for hire or for material compensation.

(Code 1981, § 17.96.100; Ord. No. 320, § 7(part), 1997; Ord. No. 345, § 7(part), 1999)

"Satellite dish antenna" means a parabolic reflector or similar antenna with a parabolic surface, regardless of mounting method, designed solely to receive satellite-delivered signals.

(Code 1981, § 17.96.110; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997; Ord. No. 345, § 7(part), 1999)

"Antenna support structure "means a pole, tower, or other structure used to support one or more antennas. An antenna support structure may be a guyed or an unguyed independent structure or a structure mounted to an accessory or main building.

(Code 1981, § 17.96.120; Ord. No. 320, § 7(part), 1997; Ord. No. 345, § 7(part), 1999; Ord. No. 374U, § 2, 2002)

"Television antenna" means an antenna designed solely to receive television signals by the occupant of the property where the antenna is located.

(Code 1981, § 17.96.130; Ord. No. 320, § 7(part), 1997; Ord. No. 345, § 7(part), 1999)

"Apartment" means a room or suite of two or more rooms in a multiple unit dwelling, occupied or suitable for occupancy, as a residence for one family.

(Code 1981, § 17.96.140; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Community apartments" mean a residential complex in which an undivided interest in the land either in fee simple or a term of years, is coupled with the right of exclusive occupancy in an apartment located therein.

(Code 1981, § 17.96.150; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Video game arcade" means any premises which maintains four or more games of skill or amusement whereby machines, contests, devices, games, tables, boards or amusements, the operation of which is permitted, controlled, obtained, conducted, allowed, authorized or made possible by the depositing of any coin, plate, disc, slug or key into any slot, crevice or other opening or receptacle, or by the payment of any fees, and where said machine, contest, device, game, table, board or amusement tests, or provides a means for testing, the skill of the operator thereof with reference to its operation or the result thereof.

(Code 1981, § 17.96.160; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.170. - Area, buildable.

"Buildable area" means that portion of a lot that is suitable for the development of structures excluding all required setback areas, easements, areas of extreme slope (35 percent or more) and all other areas where structures are otherwise prohibited.

(Code 1981, § 17.96.170; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.180. - Area, gross floor.

"Gross floor area" means the sum of the gross area of each floor of a building.

(Code 1981, § 17.96.180; Ord. No. 320, § 7(part), 1997)

"Gross lot area" means the total area of a parcel or lot, including any proposed public highways, streets or alleys, other public sites; and existing private streets, alleys or easements, and other areas where development is restricted.

(Code 1981, § 17.96.190; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Net lot area" means the area of a parcel or lot, excluding any proposed public highways, streets or alleys or other public sites; and any private streets, alleys, easements and other areas where development is restricted.

(Code 1981, § 17.96.200; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Assembly uses, private" means a facility for public or private meetings including community centers, banquet centers, union halls, meeting halls for clubs and other membership organizations. This classification includes functionally related facilities for the use of members and attendees such as kitchens, multi-purpose rooms, and storage.

(Ord. No. 678U, § 4(Att. B), 4-16-2024; Ord. No. 680U, § 5(Att. B), 6-4-2024; Ord. No. 681, § 4(Att. B), 6-182024)

Editor's note— Ord. No. 678U, § 4(Att. B), adopted April 16, 2024, set out provisions intended for use as § 17.96.451. Inasmuch as there were already provisions so designated, and to maintain continuity, said section has been codified herein as § 17.96.205 at the discretion of the editor.

"Automobile service and repair" means the repairing, the replacing of or the adding of parts to motor vehicles.

(Code 1981, § 17.96.210; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Automobile service station" means an area which provides for the servicing of motor vehicles, including tube and tire repairs, battery charging, storage of merchandise and supplies related to the servicing of motor vehicles, sale of gasoline and lubricants, automobile washing (not including mechanical car wash) and grease racks, but excluding body and fender work, painting, repair and rebuilding of electrochemical batteries or other work of a similar nature.

(Code 1981, § 17.96.220; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Basement" means a space partly underground with windows to the outside, with no doors or other access, except for crawl doors, which open to the outside adjacent grade, and having more than one-half of its height, measured from its floor to its ceiling, below the average adjoining finished grade; if the finished floor level, directly above a basement, is more than six feet above the finished grade at any point, such basements shall be considered a story. The term "basement" shall not mean a cellar.

(Code 1981, § 17.96.230; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Bed and breakfast inn" means any building or portion thereof containing one or more guest rooms, which is designed, intended or used primarily for the accommodation of transient travelers for overnight stays, which do not occupy the premises for more than 21 days out of any 12 month period and which meals are provided to the transient travelers as part of the overnight stay.

(Code 1981, § 17.96.240; Ord. No. 320, § 7(part), 1997)

"Bedroom" means any room which contains a closet or which could be used for sleeping purposes.

(Code 1981, § 17.96.250; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Beehive" means an enclosure used for the keeping of one active beehive containing one queen bee.

(Code 1981, § 17.96.260; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.270. - Building.

"Building" means any fixed structure consisting of walls and a roof built and maintained for the support, shelter or enclosure of persons, animals, chattels or property of any kind. The term "building" shall not mean a mobilehome or trailer.

(Code 1981, § 17.96.270; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Building frontage" means those building elevations which face upon a public street or parking area between the building and the street.

(Code 1981, § 17.96.280; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Building height" means the maximum vertical dimension of a structure determined under the standards of section 17.02.040 (View preservation and restoration) of this title, unless a different definition is provided by this Code for application in a particular context.

(Code 1981, § 17.96.290; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Maintenance building" means a non-habitable structure used exclusively to store equipment or materials, or to perform work, associated with the maintenance of the property on which the building is located.

(Code 1981, § 17.96.300; Ord. No. 320, § 7(part), 1997)

"Building official" means the officer or other designated authority charged with the administration and enforcement of the California Building Code or the building official's duly authorized representative.

(Code 1981, § 17.96.310; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Building pad" means any portion of a lot with a slope of five percent or less that exists naturally or has been graded to form a contiguous level area to accommodate a main building.

(Code 1981, § 17.96.320; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Business support services" means establishments that provide businesses with services including maintenance, repair and service, testing, rental, etc., such as copying, quick printing and shipping, smallpackage pick-up, computer-related services (rental and repair), mailbox services, film processing and photofinishing, equipment rental, and janitorial and window cleaning services.

(Ord. No. 678U, § 4(Att. B), 4-16-2024; Ord. No. 680U, § 5(Att. B), 6-4-2024; Ord. No. 681, § 4(Att. B), 6-182024)

17.96.330. - Caisson foundation.

"Caisson foundation" means a foundation system for a building or structure in which holes are excavated into the earth then filled with reinforced concrete for the purpose of achieving a stable attachment between the building and the earth. The term "caisson foundation" shall include pier and piling foundations.

(Code 1981, § 17.96.330; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Canopy" means a structural, ornamental, roof-like appendage, freestanding or attached to a building, which extends over public or private walkways, driveways, etc.

(Code 1981, § 17.96.340; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.345. - Cargo containers.

A "cargo container" means a pre-manufactured metal shipping container that was originally designed and fabricated to transport items from one location to another and that is delivered to a site as a fully assembled unit. The term "cargo container" shall not include a storage shed that is assembled at the site.

(Code 1981, § 17.96.345; Ord. No. 462, § 8, 2007)

"Carport" means a permanent roofed structure with not more than three enclosed sides used or intended to be used for automobile shelter and storage.

(Code 1981, § 17.96.350; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Cellar" means that portion of a building which between floor and ceiling, is wholly below the finished grade with no windows or access to the outside. The term "cellar" shall not mean a basement.

(Code 1981, § 17.96.360; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.365. - Childcare facility.

"Childcare facility" means a child day care facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school age childcare centers.

(Code 1981, § 17.96.365; Ord. No. 474, § 14, 2008)

17.96.370. - City.

See section 17.02.040 (View preservation and restoration) for definition.

(Code 1981, § 17.96.370; Ord. No. 320, § 7(part), 1997)

17.96.380. - City council.

See section 17.02.040 (View preservation and restoration) for definition.

(Code 1981, § 17.96.380; Ord. No. 320, § 7(part), 1997)

"City engineer" means a person who is duly registered as a professional engineer with the state and who is designated by the city's director of public works to review and approve development plans, tentative tract and parcel maps, street improvement plans and any other application or plan so designated for their review by this title.

(Code 1981, § 17.96.390; Ord. No. 320, § 7(part), 1997)

17.96.394. - City projects.

"City projects" means any new construction, renovation, repair and/or maintenance of a building and/or property owned, leased, or occupied by the city.

(Ord. No. 666, § 3, 11-1-2022)

17.96.400. - Cleared areas.

"Cleared areas" means land areas where vegetation has been removed to the extent that the surface of the soil is disturbed.

(Code 1981, § 17.96.400; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.410. - Coastal appealable development.

"Coastal appealable development" means an action taken by the city on a coastal permit application for any of the following that may be appealed to the coastal commission:

A.

Developments approved by the city between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high-tide line of the sea where there is no beach within the coastal specific plan district, whichever is the greatest distance. The grounds for appeal are limited to the following:

The development fails to provide adequate physical access for public or private commercial use or interferes with such uses;

2.

The development fails to protect public views from any public road or from a recreational area to and along, the coast;

3.

The development is not compatible with the established physical scale of the area;

4.

The development may significantly alter existing natural landforms;

5.

The development does not comply with shoreline erosion and geologic setback requirements;

B.

Developments approved by the city located on tidelands, submerged lands, public trust lands, within 100 feet of any wetland, estuary, stream or within 300 feet of the top of the seaward face of any coastal bluff;

C.

Any development which constitutes a major public works project or a major energy facility;

D.

Developments approved by the city not included within subsection A or B of this definition that are located in a sensitive coastal resource area.

(Code 1981, § 17.96.410; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Coastal excluded development" means:

A.

Improvements, including replacement of any structure destroyed by a natural disaster (other than a major public works facility), repairs or maintenance of existing structures in the coastal specific plan district unless any of the following could result:

1.

A risk of adverse environmental effect;

2.

An adverse effect to public access;

A change in use contrary to the coastal specific plan;

B.

Any category of development determined by the coastal commission to have no potential for any significant local impact on coastal resources or public access;

C.

The installation, testing and placement in service or the replacement of any necessary utility connection between approved development and an existing service facility that conforms to city ordinances;

D.

Public works projects which include the erection of public signs, the painting or removing paint from curbs, the maintenance and repair of public streets, the installation and maintenance of landscaping, the maintenance of city utilities, repair and improvement to structures maintained, used or owned by the city and the repair, replacement, maintenance or development of public facilities under emergency circumstances.

(Code 1981, § 17.96.420; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Coastal non-appealable development" means any proposed development within the coastal specific plan district that is not appealable and is not excluded.

(Code 1981, § 17.96.430; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.440. - Coastal risk of adverse environmental effect.

"Coastal risk of adverse environmental impact" includes, but is not limited to, the following:

A.

Any significant alteration of landforms, including removal or placement of vegetation on a beach or within 50 feet of the edge of a coastal bluff, or in areas of natural vegetation designated as significant natural habitat;

B.

The expansion or construction of water wells or septic systems;

C.

Any addition to a single-family residence where any coastal permit issued for the original structure indicated that any future additions would require a coastal permit.

(Code 1981, § 17.96.440; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.445. - Commercial marijuana activities.

"Commercial marijuana activity" or "commercial marijuana activities" includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of marijuana and marijuana products; except, as applicable, as set forth in chapter 9.34 (Personal Marijuana Cultivation) of this code. The term "commercial marijuana activity" or commercial marijuana activities" includes, without limitation, any activity covered by the state license classifications provided for in Business and Professions Code § 26050, and as may be amended.

(Code 1981, § 17.96.445; Ord. No. 600U, § 8, 11-8-2017)

"Commercial recreation" means indoor participant or spectator recreation that is operated as a business and open to the public for a fee. This classification includes comedy theaters, billiard parlors, bowling alleys, iceor roller-skating rinks, playhouses, karaoke uses, and movie theaters.

(Ord. No. 678U, § 4(Att. B), 4-16-2024; Ord. No. 680U, § 5(Att. B), 6-4-2024; Ord. No. 681, § 4(Att. B), 6-182024)

"Commercial vehicle" means a vehicle of a type required to be registered under the state Vehicle Code as a commercial vehicle; or which is used and maintained for the transportation of persons for hire, compensation or profit; or which is designed, used or maintained primarily for the transportation of commercial goods or property.

(Code 1981, § 17.96.450; Ord. No. 320, § 7(part), 1997)

"Common open space" means an indoor or outdoor open recreational space provided for the common use and access by, and readily accessible to, all residents in a housing development project. Common open space areas typically consist of landscaped areas, courtyards, walkways, swimming pools, barbeque areas, playgrounds, turf, gardens.

(Ord. No. 678U, § 4(Att. B), 4-16-2024; Ord. No. 680U, § 5(Att. B), 6-4-2024; Ord. No. 681, § 4(Att. B), 6-182024)

"Condominium" means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space called a unit, in a complex devoted to residential purposes located on such real property.

(Code 1981, § 17.96.460; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Convenience store" means a retail grocery, generally open to the public before 8:00 a.m. or after 9:00 p.m., that is intended to conveniently provide a wide variety of products and services, such as packaged food items, sundry household products, heated, cooked or otherwise prepared snacks, self-serve beverage and

dairy product vending machines, soup or salad bars, alcoholic beverages and/or various personal and entertainment services, such as ATMs and videotape rentals, and not characterized by the predominant sale of a single type of product, such as alcoholic beverages or fast food. The director shall determine whether a single type of product or service is predominant. A convenience store may be considered either a primary use on a lot or an ancillary use on a lot.

(Code 1981, § 17.96.470; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Conversion" means the alteration of the use of a dwelling unit to a nonresidential use and/or alteration of the use of a residential rental unit to condominium, stock cooperative or similar form of use.

(Code 1981, § 17.96.480; Ord. No. 320, § 7(part), 1997)

"Cut" means an excavation of the earth.

(Code 1981, § 17.96.490; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Large family day care" means the care at a single-family residence of nine to 14 children inclusive, including children under the age of ten years who reside at the home, as defined by the state department of social services regulations.

(Code 1981, § 17.96.500; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Small family day care" means the care at a single-family residence of eight or fewer children, including children who reside at the home, as defined by the state department of social services regulations.

(Code 1981, § 17.96.510; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.520. - Day nursery or day care center.

"Day nursery or day care center" means any group of buildings, building or portion thereof used primarily for the daytime care of children.

(Code 1981, § 17.96.520; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Deck" means a platform that is freestanding or attached to a building or structure. A deck attached to, and projecting beyond, the vertical surface of a building or structure which is located a minimum of eight feet above adjacent grade shall be considered a balcony.

(Code 1981, § 17.96.525; Ord. No. 340, § 8(part), 1998)

"Dedicated land" means land deeded to the city and legally accepted as such for public use.

(Code 1981, § 17.96.530; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Density" means the number of dwelling units that may be constructed per acre or per square foot of lot area.

(Code 1981, § 17.96.540; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Density bonus" means a density increase 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 applicant to the city.

(Code 1981, § 17.96.550; Ord. No. 320, § 7(part), 1997; Ord. No. 394, § 10, 2003; Ord. No. 474, § 15, 2008)

"Maximum allowable residential density" means the density allowed under the zoning ordinance and land use element of the general plan, or if a range of density is permitted, means the maximum allowable density for the specific zoning range and land use element of the general plan applicable to the project. Where the density allowed under the zoning ordinance is not the same as the density allowed under the land use element of the general plan, the general plan density shall prevail.

(Code 1981, § 17.96.555; Ord. No. 474, § 16, 2008; Ord. No. 495, § 13, 10-6-2009)

"Development" means, on land in or under water, the placement or erecting of any solid material or structure; the discharge or disposal of any dredged material or of any gaseous, liquid, solid or thermal waste; the grading, removing, dredging, mining or extraction of any materials; the change in the density or intensity of use of land, including, but not limited to, a subdivision pursuant to the Subdivision Map Act (commencing with Government Code § 66410) and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water or of access thereto; construction, reconstruction, demolition or alteration of the size of any structure, including any facility of any private, public or municipal utility, and the removal or harvesting of major vegetation other than for agricultural purposes. As used in this definition, the term "structure" includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line and electrical power transmission and distribution line.

(Code 1981, § 17.96.560; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Cluster development" means the planning and development of land so that dwelling units are grouped or clustered together, leaving the remaining land undivided for common ownership or dedication to the city or other entity.

(Code 1981, § 17.96.570; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Housing development" means one or more groups of projects for residential units constructed in the planned development of the city. For the purposes of chapter 17.11 (Affordable Housing), the term "housing development" also includes a subdivision or common interest development, as defined in Civil Code § 1351, approved by the city, and consists of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in Government Code § 65863.4(d), where the result of the rehabilitation would be a net increase in available residential units.

(Code 1981, § 17.96.575; Ord. No. 474, § 17, 2008)

17.96.578. - Development, two-unit.

"Two-unit development" means the simultaneous development of two new residential dwelling units, other than an accessory dwelling unit or junior accessory dwelling unit, on a single parcel with no existing primary residential dwelling unit.

(Ord. No. 656U, § 7, 12-21-2021; Ord. No. 663, § 4, 10-4-2022)

"Development site" means the total area where a project exists or is proposed. A development site may encompass more than one lot.

(Code 1981, § 17.96.580; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.585. - Development standard.

"Development standard" means a site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite open-space or lot coverage requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, charter amendment, or other local condition, law, policy, resolution, or regulation.

(Code 1981, § 17.96.585; Ord. No. 474, § 18, 2008; Ord. No. 495, § 14, 10-6-2009)

See section 17.02.040 (View preservation and restoration) for definition.

(Code 1981, § 17.96.590; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Driveway" means a paved access to an off-street parking facility on a lot or parcel and any paved circular or semi-circular return to a public or private street servicing the property. Any pervious or semi-pervious surface which is part of or within the paved access area shall be considered driveway.

(Code 1981, § 17.96.600; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Direct access driveway" means a driveway that is essentially perpendicular to the street and provides vehicular access from the street to the garage through a door that is parallel to the street.

(Code 1981, § 17.96.605; Ord. No. 390, § 3, 2003)

17.96.610. - Dwelling unit.

See "Unit, dwelling."

(Code 1981, § 17.96.610; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Educational institution" means a public or private preschool, elementary or secondary school or institution, or a public or private institution of vocational, professional or post-secondary education.

(Code 1981, § 17.96.620; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.

(Code 1981, § 17.96.625; Ord. No. 518, § 7, 4-5-2011)

"Emergency work" means work made necessary to restore property to a safe condition following a public calamity, or work required to protect persons or property from an imminent exposure to danger or work by private or public utilities when restoring utility service.

(Code 1981, § 17.96.630; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Home occupation employee" means an individual or contractor who is employed to work for a business that is being operated under an approved home occupation permit and who does not live at the subject residence.

(Code 1981, § 17.96.640; Ord. No. 320, § 7(part), 1997)

"Employee housing" means privately-owned housing for five or more employees maintained in connection with any workplace or place of employment, whether or not rent is involved (Government Code § 17008).

(Ord. No. 678U, § 4(Att. B), 4-16-2024; Ord. No. 680U, § 5(Att. B), 6-4-2024; Ord. No. 681, § 4(Att. B), 6-182024)

"Excavation" means any act which earth, sand, gravel, rock or other similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed and shall include the conditions resulting therefrom.

(Code 1981, § 17.96.650; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.660. - Export.

"Export" means excess earth material that is removed from a grading project and deposited off-site or the process of removing earth material and depositing it off-site.

(Code 1981, § 17.96.660; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.670. - Extreme slope.

"Extreme slope" means a manufactured or natural grade of 35 percent or greater.

(Code 1981, § 17.96.670; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.672. - Facility.

"Facility" means something that is built, installed, or established to serve a particular purpose.

(Ord. No. 666, § 3, 11-1-2022)

17.96.680. - Family.

"Family" means an individual or two or more persons, living together as a single housekeeping unit in a dwelling unit.

(Code 1981, § 17.96.680; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Farmer's market" means an outdoor market for direct retail sales by farms to the public, as certified by the state or county agricultural commission under California Code of Regulations Title 3, Chapter 3, Article 6.5.

(Ord. No. 678U, § 4(Att. B), 4-16-2024; Ord. No. 680U, § 5(Att. B), 6-4-2024; Ord. No. 681, § 4(Att. B), 6-182024)

"Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technical factors.

(Code 1981, § 17.96.690; Ord. No. 320, § 7(part), 1997)

"Fence" means any structural device forming a physical barrier which is so constructed that not less than 80 percent of the vertical surface is open to permit the transmission of light, air or vision through said surface in a horizontal plane. This includes wire mesh, steel mesh, chain link, louvered glass, transparent glass, stake and other similar materials. For solid barriers, see section 17.96.2290.

(Code 1981, § 17.96.700; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Temporary construction fence" means a fence not exceeding six feet in height, as measured from the adjacent existing grade, which is erected around a portion of a lot or parcel, or around the perimeter of a lot or parcel, to secure said lot or parcel during construction activity.

(Code 1981, § 17.96.710; Ord. No. 320, § 7(part), 1997)

"Fill" means any act by which earth, sand, gravel, rock or any other similar material is deposited, placed, pulled or transported by man, and shall include the conditions resulting therefrom.

(Code 1981, § 17.96.720; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Flags and pennants" mean devices which are temporary in nature, generally made of flexible materials, usually cloth, paper or plastic, and displayed on strings. They may or may not contain any copy and are primarily intended to draw attention.

(Code 1981, § 17.96.730; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

See section 17.02.040 (View preservation and restoration) for definition.

(Code 1981, § 17.96.740; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Food hall" means establishments consisting of three or more individually licensed businesses within an enclosed building or development where food and beverages may be consumed on the premises, taken out, or delivered, and may also include small supplemental retail venues. Patrons may be served while seated and pay after eating, or orders may be made at a walk-up window, counter, machine, or remotely, and payment made prior to food consumption. Characteristics of food halls include but are not limited to: shared entrance/lobby areas, compartmentalized spaces for individually licensed businesses, shared eating areas, shared restrooms, and shared "back of house" areas (e.g., storage, dishwashing, food preparation). Each compartmentalized space may have access to the exterior of the building, along with outdoor dining and seating areas, which may be shared with other businesses within the establishment. "Food hall" means the same as "food court."

(Ord. No. 678U, § 4(Att. B), 4-16-2024; Ord. No. 680U, § 5(Att. B), 6-4-2024; Ord. No. 681, § 4(Att. B), 6-182024)

"Frontage" means that portion of a parcel of property which abuts a public or private street or highway.

(Code 1981, § 17.96.750; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

A.

"Private garage" means a completely enclosed, detached accessory building, or portion of a main building on the same lot as a dwelling for the housing of vehicles of the occupants of the dwelling.

B.

"Public garage" means any garage other than a private garage.

(Code 1981, § 17.96.760; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Garage sale" means the sale of personal property held in the garage, yard, or other outdoor area of a private single-family residence or multifamily residence by the owners, tenants or occupants thereof.

(Code 1981, § 17.96.765; Ord. No. 535, § 5, 4-17-2012)

17.96.770. - General plan.

"General plan" means the adopted general plan of the city, including elements, amendments and additions.

(Code 1981, § 17.96.770; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.780. - Geologist, engineering.

"Engineering geologist" means a person who is trained in the application of geological data and principals of engineering problems dealing with naturally occurring rock and soil, for the purposes of assuring that geologic factors are adequately considered in engineering practice.

(Code 1981, § 17.96.780; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Governmental facility" means any public facility owned or used and operated for governmental purposes by the city, the county, the state, and the government of the United States of America, and any special district or other local agency. Governmental facilities include city projects.

(Ord. No. 666, § 3, 11-1-2022)

"Finished grade" means the ground surface after alteration by artificial means.

(Code 1981, § 17.96.790; Ord. No. 320, § 7(part), 1997)

"Natural grade" means the ground surface unaltered by artificial means.

(Code 1981, § 17.96.800; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.810. - Grade, preconstruction.

"Preconstruction grade" means the ground surface as it exists prior to any proposed alteration.

(Code 1981, § 17.96.810; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.820. - Grading.

"Grading" means excavation or fill, or any combination thereof, and includes the conditions resulting from any excavation or fill.

(Code 1981, § 17.96.820; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Balanced grading" means cutting and filling of a site which does not require the export or import of earth material.

(Code 1981, § 17.96.830; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.840. - Grading contractor.

"Grading contractor" means a person licensed and regulated by the state who specializes in grading work or is otherwise licensed to do grading work.

(Code 1981, § 17.96.840; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Grading plan" means a plot plan of a subject property, at a reasonable scale, identifying all property lines, easements, accurate contours (at a minimum of five foot intervals) of existing topographic conditions and finished contours (at a minimum of five foot intervals) of all proposed grading. The plan shall also identify the location of all existing and proposed structures located within 15 feet of the proposed grading, whether or not the structure is located on the lot to be graded; typical and highest/greatest point cross-sections of any proposed retaining walls, cut slopes and fill slopes; and clearly labeled areas of proposed cut and fill.

(Code 1981, § 17.96.850; Ord. No. 320, § 7(part), 1997)

"Remedial grading" means excavation, fill or any combination thereof, which involves the redistribution of earth materials for the purpose of reestablishing the stability and continuity of said area.

(Code 1981, § 17.96.860; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Supervised grading" means grading done under the supervision of a soils engineer.

(Code 1981, § 17.96.870; Ord. No. 320, § 7(part), 1997)

"Guest house" means living quarters located within an accessory building, which does not have a kitchen, located on the same premises as the main building. The term "guest house" is not an accessory dwelling unit.

(Code 1981, § 17.96.880; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997; Ord. No. 628, § 7, 1015-2019)

"Hearings officer" means the director or authorized staff member, who is to conduct certain public hearings.

(Code 1981, § 17.96.890; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.900. - Hedge.

"Hedge" means shrubbery or trees planted and maintained in such a manner as to create a physical barrier.

(Code 1981, § 17.96.900; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Helistop" means a minimally developed helicopter pad used exclusively for the boarding and discharging of passengers and cargo, on an as-needed basis with no regular service and involving no appurtenant buildings.

(Code 1981, § 17.96.910; Ord. No. 320, § 7(part), 1997)

17.96.920. - Holiday, legal.

"Legal holiday" means any one of the following federally observed holidays: New Year's Day, Martin Luther King Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day and Christmas Day.

(Code 1981, § 17.96.920; Ord. No. 320, § 7(part), 1997)

"Home occupations" means the use of a dwelling, or an attached accessory building on the same residential parcel, for commercial activities under an approved home occupation permit; these activities must be clearly secondary to the residential use of the parcel.

(Ord. No. 678U, § 4(Att. B), 4-16-2024; Ord. No. 680U, § 5(Att. B), 6-4-2024; Ord. No. 681, § 4(Att. B), 6-182024)

"Hotel" means any building or portion thereof containing six or more guest rooms or suites of rooms or a combination of six or more guest rooms, or suites of rooms, and not more than two dwelling units, but not including any institutions in which human beings are housed or detained under legal restraint.

(Code 1981, § 17.96.930; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

See section 17.96.680 (Family).

(Code 1981, § 17.96.940; Ord. No. 320, § 7(part), 1997)

"Household pet" means dogs, cats and other domesticated species that are customarily kept as part of a residential use, as determined by the director. The term "household pet" does not include a large domestic animal, as defined in section 17.96.080 (Animals, large domestic). The director shall keep a list of animals they determine to be household pets and make this list available to the public.

(Code 1981, § 17.96.945; Ord. No. 529, § 19, 11-15-2011)

17.96.950. - Income, household.

"Household income" means the total income accruing to any and all members of a household from any and all sources.

(Code 1981, § 17.96.950; Ord. No. 320, § 7(part), 1997)

17.96.960. - Income, low.

"Low income" means income greater than 50 percent, but not more than 80 percent of an area's median income, adjusted for household size.

(Code 1981, § 17.96.960; Ord. No. 320, § 7(part), 1997)

17.96.970. - Income, moderate.

"Moderate income" means income greater than 80 percent, but not more than 120 percent of an area's median income, adjusted for household size.

(Code 1981, § 17.96.970; Ord. No. 320, § 7(part), 1997)

17.96.980. - Income, very low.

"Very low income" means income equal to 50 percent of an area's median income or less, adjusted for household size.

(Code 1981, § 17.96.980; Ord. No. 320, § 7(part), 1997)

17.96.990. - Interested person.

"Interested person" means any person who testified personally or through a representative at any hearing in connection with the decision or action, who submitted a written letter of concern in connection with a pending application, or who informed the director, in writing, of an interest in the subject of a hearing or application.

(Code 1981, § 17.96.990; Ord. No. 320, § 7(part), 1997)

"Junior accessory dwelling unit" or JADU means a residential dwelling unit no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure. A junior accessory dwelling unit shall include a separate entrance from the main entrance to the proposed or existing singlefamily residence. No additional parking shall be required for a junior accessory dwelling unit. This definition shall be interpreted as consistent with the definition of accessory dwelling unit found in section 17.96.022 of the RPVMC and Government Code § 65852.22.

(Ord. No. 668U, § 8, 10-18-2022)

"Kitchen" means an area used for cooking or the preparation of foods.

(Code 1981, § 17.96.1000; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Land coverage" means a manmade structure, improvement or covering that prevents 75 percent of the normal precipitation from directly reaching the surface of the land underlying the structure, improvements or covering. Such structures, improvements or coverings include roofs and surfaces paved with asphalt, stone or the like, such as roads, streets, basketball courts and patios.

(Code 1981, § 17.96.1010; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Landscaping" means the planting and continued maintenance of ornamental plant material; the installation, use and continued maintenance of a permanent irrigation system; the continued maintenance of ornamental rock gardens or rockscape, not including natural soil or earth, and/or artificial landscaping provided the underlying sub-surface is pervious to allow for percolation.

(Code 1981, § 17.96.1020; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997; Ord. No. 481, § 11, 2008)

"Loading space" means an off-street space, berth on the same lot with a main building, or space contiguous to a group of buildings, for the temporary parking of commercial vehicles while loading or unloading, and which has access from a street, alley or other permanent means of ingress and egress.

(Code 1981, § 17.96.1030; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.1040. - Lot.

"Lot" means:

A.

A parcel of real property with a separate and distinct number, or other designation, shown on a plat recorded in the office of the county recorder;

B.

A parcel of real property delineated on an approved record of survey, lot split or subparceling map as filed in the office of the county recorder or the director, and abutting at least one public street; and/or

C.

A parcel of real property containing not less area than required by the district in which it is located, abutting at least one public street and held under separate ownership from adjacent property prior to the effective date of this title or title 16 (Subdivisions).

(Code 1981, § 17.96.1040; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Lot area or size" means the total area of a lot, measured as a horizontal plane, within the lot lines of a lot.

(Code 1981, § 17.96.1050; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.1060. - Lot, corner.

"Corner lot" means a lot located at the intersection or interception of two or more streets at an angle of not more than 120 degrees. If the angle is greater than 120 degrees, the lot shall be considered an interior lot.

(Code 1981, § 17.96.1060; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.1070. - Lot coverage.

See section 17.02.040 (View preservation and restoration) for definition.

(Code 1981, § 17.96.1070; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.1080. - Lot depth.

"Lot depth" means the horizontal distance between the front and rear lot lines.

(Code 1981, § 17.96.1080; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Downslope lot" means a lot that slopes downward from the main street of access with a slope in excess of five percent and which does not have a building pad.

(Code 1981, § 17.96.1090; Ord. No. 320, § 7(part), 1997)

17.96.1100. - Lot, flag.

"Flag lot" means a lot in the approximate configuration of a flagpole or sign post, with the post or pole functioning primarily as an access way to the main body of the lot.

(Code 1981, § 17.96.1100; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.1110. - Lot, interior.

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

(Code 1981, § 17.96.1110; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.1120. - Lot, pad.

"Pad lot" means a lot which contains a building pad.

(Code 1981, § 17.96.1120; Ord. No. 320, § 7(part), 1997)

17.96.1130. - Lot, through.

"Through lot" means a lot having a frontage on two dedicated streets, not including a corner lot. The director shall determine which frontage or frontages shall be considered for the lot, for purposes of compliance with yard and setback provisions of this title or title 16 (Subdivisions).

(Code 1981, § 17.96.1130; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.1140. - Lot, upslope.

"Upslope lot" means a lot that slopes upward from the main street of access with a slope in excess of five percent and which does not have a building pad.

(Code 1981, § 17.96.1140; Ord. No. 320, § 7(part), 1997)

17.96.1150. - Lot width.

"Lot width" means the distance between the side lot lines, when measured between the front and rear lot lines parallel to the front property line, or to a tangent at the midpoint of a curved front property line.

(Code 1981, § 17.96.1150; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.1151. - Low barrier navigation center.

"Low barrier navigation center" shall have the same meaning as Government Code § 65660(a), including any amendments or successor statutes thereto.

(Ord. No. 678U, § 4(Att. B), 4-16-2024; Ord. No. 680U, § 5(Att. B), 6-4-2024; Ord. No. 681, § 4(Att. B), 6-182024)

17.96.1154. - Lumen.

"Lumen" means the unit of measure used to quantify the amount of visible light produced by a lamp or emitted from a luminaire (as distinct from "watt," a measure of power consumption). By way of example, a standard 100-watt incandescent lightbulb provides 1,600 lumens of brightness.

(Ord. No. 667, § 4, 11-1-2022)

"Main building" means a building within which is conducted the principal use permitted on the lot, as provided by this title.

(Code 1981, § 17.96.1160; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.1170. - Map, final.

"Final map" means a map prepared in accordance with the provisions of title 16 (Subdivisions) and designed to be placed on record in the office of the county recorder.

(Code 1981, § 17.96.1170; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.1180. - Map, parcel.

"Parcel map" means a map prepared and submitted for any subdivision creating four parcels or less and for those subdivisions containing five or more parcels under those conditions contained in title 16 (Subdivisions).

(Code 1981, § 17.96.1180; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.1190. - Map, tentative.

"Tentative map" means a map made for the purpose of showing the design of a proposed subdivision and need not be based on an accurate or detailed final survey of the property.

(Code 1981, § 17.96.1190; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.1195. - Marijuana.

"Marijuana" means Cannabis as defined in section 9.34.020.

(Code 1981, § 17.96.1195; Ord. No. 600U, § 9, 11-8-2017)

"Market rate" means the rent or sales price which would be obtained on the open market with no limits or controls on rent or sale price, except market forces.

(Code 1981, § 17.96.1200; Ord. No. 320, § 7(part), 1997)

17.96.1210. - Mechanical equipment.

"Mechanical equipment" means any heating, cooling, venting or similar equipment or appurtenance serving a structure.

(Code 1981, § 17.96.1210; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Microwave" means any electromagnetic signals of any frequency 300 megahertz or higher.

(Code 1981, § 17.96.1220; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Mixed-use development" means development projects that combine two or more compatible land uses, such as, but not limited to, residential, commercial, and office into a single cohesive development project, and where the residential component is either above (vertical mixed-use), behind or adjacent to (horizontal mixeduse) the nonresidential component.

(Ord. No. 678U, § 4(Att. B), 4-16-2024; Ord. No. 680U, § 5(Att. B), 6-4-2024; Ord. No. 681, § 4(Att. B), 6-182024)

"Mobilehome" means a prefabricated structure designed for long-term human habitation relocated on a site and placed on a permanent foundation. A mobilehome shall not mean a trailer or recreational vehicle that has been altered or modified so that it can no longer be drawn by a motor vehicle.

(Code 1981, § 17.96.1230; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.1240. - Mobilehome park.

"Mobilehome park" means any area or tract of land where space is rented or sold to owners or users of mobilehomes, auto trailers or trailer coaches.

(Code 1981, § 17.96.1240; Ord. No. 320, § 7(part), 1997)

"Motel" means a group of dwellings used for commercial purposes, such as a building or group of two or more detached, semi-detached or attached buildings containing guest rooms or dwelling units with automobile storage space, provided in connection therewith, which building or group is designed, intended or used primarily for the accommodation of transient automobile travelers; including groups designated as auto cabins, motor courts, motels and similar designations.

(Code 1981, § 17.96.1250; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.1251. - Multi-family housing.

"Multi-family housing" means two or more dwelling units on a lot.

(Ord. No. 678U, § 4(Att. B), 4-16-2024; Ord. No. 680U, § 5(Att. B), 6-4-2024; Ord. No. 681, § 4(Att. B), 6-182024)

17.96.1260. - Neighborhood character.

See section 17.02.040 (View preservation and restoration) for definition.

(Code 1981, § 17.96.1260; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.1270. - Neighborhood compatibility.

See section 17.96.1260.

(Code 1981, § 17.96.1270; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.1280. - Nonconforming.

"Nonconforming" means lots, uses or structures which were legal under previously adopted codes, but do not currently meet the standards of this title or title 16 (Subdivisions).

(Code 1981, § 17.96.1280; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Nursery school" means public or private educational facilities for more than 12 preschool and/or kindergarten age children in any zoning district.

(Code 1981, § 17.96.1290; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.1300. - Off-sale.

"Off-sale" means the purchase of a retail product for use or consumption off the premises.

(Code 1981, § 17.96.1300; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.1310. - Off-site improvements.

"Off-site improvements" mean the installation or construction of facilities outside the boundaries of a private parcel or lot, such as street paving, curbs and gutters, sidewalks, street trees, streetlights, street signs, sewers, utilities and drainage structures.

(Code 1981, § 17.96.1310; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.1330. - Owner.

"Owner" means the individual, firm, association, syndicate, partnership or corporation having sufficient proprietary interest in a portion of land and while used in this title or title 16 (Subdivisions) in the masculine gender and singular number, it shall be deemed to mean the feminine and neuter gender and plural number whenever required.

(Code 1981, § 17.96.1330; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.1340. - Parcel.

"Parcel" means an area of contiguous land owned by a person.

(Code 1981, § 17.96.1340; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.1350. - Parcel, existing.

"Existing parcel" means any parcel as it existed and was defined by boundaries at the effective date of the ordinance from which this title is derived and title 16 (Subdivisions).

(Code 1981, § 17.96.1350; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Parcel of record" means an area of land shown on a separately bounded area on a recorded subdivision plat or deed or a number of contiguous areas of land owned by a person, all of which are shown as separately bounded areas on a recorded subdivision plat or deed.

(Code 1981, § 17.96.1360; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Abutting parcels" means two or more lots or parcels of land sharing a common boundary line.

(Code 1981, § 17.96.1370; Ord. No. 320, § 7(part), 1997)

"Adjacent parcels" means parcels that are abutting or separated by a street or alley.

(Code 1981, § 17.96.1380; Ord. No. 320, § 7(part), 1997)

17.96.1390. - Parcels, contiguous.

See section 17.96.1370 (Parcels, abutting).

(Code 1981, § 17.96.1390; Ord. No. 320, § 7(part), 1997)

17.96.1400. - Parking area, private or public.

A.

"Private parking area" means a paved or unpaved open area, other than a street, used for the parking of automotive vehicles capable of moving under their own power and restricted from general public use.

B.

"Public parking area" means an area, other than a private parking area or street, used for the parking of vehicles and available for public or quasi-public use, either free or for remuneration.

(Code 1981, § 17.96.1400; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Parking space" means a space exclusive of driveways, ramps, columns, loading areas or work areas, within a structure or open parking area for the parking of one automobile.

(Code 1981, § 17.96.1410; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

(Code 1981, § 17.96.1415; Ord. No. 628, § 2, 10-15-2019)

"Person" means a person, firm, association, copartnership, joint venture, corporation or any entity, public or private in nature, other than the city.

(Code 1981, § 17.96.1420; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Personal improvement services" means instructional services or facilities, including health or physical fitness clubs, modeling agencies, rehearsal halls, and weight control clinics.

(Ord. No. 678U, § 4(Att. B), 4-16-2024; Ord. No. 680U, § 5(Att. B), 6-4-2024; Ord. No. 681, § 4(Att. B), 6-182024)

17.96.1422. - Personal services.

"Personal services" means an establishment providing nonmedical services to individuals as a primary use. Examples of these uses include barber shops, beauty shops, clothing rental, day/health space, dry cleaning pick-up stores, hair salons, home electronics and small appliance repair, laundromats, nail salons, shoe repair shops, tailors, or similar.

(Ord. No. 678U, § 4(Att. B), 4-16-2024; Ord. No. 680U, § 5(Att. B), 6-4-2024; Ord. No. 681, § 4(Att. B), 6-182024)

"Pervious surface" means any structure, improvement or surface which allows at least 75 percent of the normal precipitation to reach the ground surface underlying it.

(Code 1981, § 17.96.1430; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.1440. - Placed or displayed.

"Placed" or "displayed" means erected, constructed, posted, painted, printed, tacked, glued, carved or otherwise fastened, fixed or made visible in any manner whatsoever. This includes changing the copy or color on existing signs but shall not include maintenance and repainting of existing copy in the same color.

(Code 1981, § 17.96.1440; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.1450. - Planning commission.

See section 17.02.040 (View preservation and restoration).

(Code 1981, § 17.96.1450; Ord. No. 320, § 7(part), 1997)

17.96.1460. - Pool, swimming or ornamental.

"Swimming pool" means any body of water measuring 18 inches or more deep at its deepest point, whether above or below the surface of the ground.

"Ornamental pool" means any body of water measuring less than 18 inches in depth at its deepest point, whether above or below the surface of the ground.

(Code 1981, § 17.96.1460; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997; Ord. No. 510, § 17, 6- 29-2010)

17.96.1470. - Privacy.

See chapter 17.02 (Single-Family Residential (RS) Districts).

(Code 1981, § 17.96.1470; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Private open space" means an open space adjoining and directly accessible to a dwelling unit, reserved for the exclusive access and use of residents of the dwelling unit. Private open space areas typically consist of private patios, decks, balconies, atriums, solariums, or other such areas as approved by the director.

(Ord. No. 678U, § 4(Att. B), 4-16-2024; Ord. No. 680U, § 5(Att. B), 6-4-2024; Ord. No. 681, § 4(Att. B), 6-182024)

"Promontory" means a prominent mass of land, large enough to support development, which overlooks or projects onto a lowland or body of water on at least two sides.

(Code 1981, § 17.96.1480; Ord. No. 320, § 7(part), 1997)

"Public right-of-way" means any public highway, public street or alley, public place in the city, either owned by the city or dedicated to the public for the purposes of travel. The term "public right-of-way" includes all or any part of the entire width of right-of-way, and above and below the same, whether or not such entire area is actually used for travel purposes.

(Code 1981, § 17.96.1490; Ord. No. 320, § 7(part), 1997)

"Public transit" means a bus stop served by the county metropolitan transportation authority (LA Metro) or the Palos Verdes Peninsula Transit Authority.

(Code 1981, § 17.96.1495; Ord. No. 628, § 3, 10-15-2019)

"Public works projects" mean any action undertaken by the city or under contract to the city or by any other governmental entity to construct or alter any public structure, utility or right-of-way, including improvement of public streets and development of public utilities.

(Code 1981, § 17.96.1500; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Active recreation" means outdoor recreation activities that are structured in nature and/or organized, such as team sports, golf, tennis, etc.

(Code 1981, § 17.96.1510; Ord. No. 320, § 7(part), 1997)

"Passive recreation" means outdoor recreation activities that are nonstructured in nature, such as picnicking, sightseeing, nature study areas, etc.

(Code 1981, § 17.96.1520; Ord. No. 320, § 7(part), 1997)

"Recycling center" means a center, occupying an area not exceeding 500 square feet, for the acceptance, donation, redemption or purchase of recyclable materials from the public. Such facilities include bulk feed reverse vending machines, one or more single feed reverse vending machines occupying an area greater than 50 square feet, attended or unattended drop-off collection areas and structures, kiosk or igloo type collection units, mobile recycling units and any structural enclosures for these facilities. Power-driven processing equipment is not permitted except as contained within reverse vending machines.

(Code 1981, § 17.96.1530; Ord. No. 320, § 7(part), 1997)

"Recycling drop-off or collection facility" means a recycling or processing facility that is built, installed or established to serve as a collection or acceptance point for empty beverage containers in order to separate recyclables from mixed municipal waste. The operation of the facility does not include paying refund value for recyclable material or accepting recyclable materials which have already been separated from mixed municipal waste.

(Code 1981, § 17.96.1540; Ord. No. 320, § 7(part), 1997)

"Community service recycling program" means a recycling program which is certified by the state department of conservation's division of recycling, which does not pay refund value for recyclable material and accepts or collects empty beverage containers at a specific location or locations. The program may be operated by a charitable group or organization; or by a city, county or other public agency.

(Code 1981, § 17.96.1550; Ord. No. 320, § 7(part), 1997)

"Recycling single-feed reverse vending machine" means an automated, mechanized device which accepts one or more types of empty beverage containers, including, but not limited to, aluminum cans, glass and plastic bottles, one at a time, for sorting and mechanical processing entirely within the machine.

(Code 1981, § 17.96.1560; Ord. No. 320, § 7(part), 1997)

"Mobile recycling unit" means an automobile, truck, trailer or van licensed by the state department of motor vehicles which is used for the collection of recyclable material such as aluminum, glass, plastic and paper. The term "mobile recycling unit" also means the bins, boxes or containers used for the collection of the recyclable material, which is transported by the licensed vehicles.

(Code 1981, § 17.96.1570; Ord. No. 320, § 7(part), 1997)

"Relay tower" means any parabolic reflector or similar antenna array regardless of mounting methods and all appurtenant equipment necessary for the receiving and/or transmitting of microwave signals from and/or to any earth-based transmitting and/or receiving facility of any type.

(Code 1981, § 17.96.1580; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.1590. - Residence.

"Residence" means a building or portion thereof designed or used for human habitation.

(Code 1981, § 17.96.1590; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.1591. - Residential care facility, small.

"Residential care facility, small" means a state licensed facility, family home, group care facility, or similar facility that is maintained and operated to provide 24-hour nonmedical residential care for six or fewer adults, children, or adults and children as-in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or the protection of the individual and which is required by state law to be treated as a single housekeeping unit for zoning purposes. This use includes the administration of limited medical assistance.

(Ord. No. 678U, § 4(Att. B), 4-16-2024; Ord. No. 680U, § 5(Att. B), 6-4-2024; Ord. No. 681, § 4(Att. B), 6-182024)

17.96.1592. - Residential care facility, large.

"Residential care facility, large" means state licensed facility, family home, group care facility, or similar facility that is maintained and operated to provide 24-hour nonmedical residential care for seven or more adults, children, or adults and children in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or the protection of the individual. This use includes the administration of limited medical assistance.

(Ord. No. 678U, § 4(Att. B), 4-16-2024; Ord. No. 680U, § 5(Att. B), 6-4-2024; Ord. No. 681, § 4(Att. B), 6-182024)

17.96.1593. - Responsible party.

"Responsible party" means any property owner or tenant, or any agent or representative thereof, who causes or permits any violation of this code. To cause or permit includes failure to correct after receiving notice from the city of the violation.

(Code 1981, § 17.96.1593; Ord. No. 592U, § 6, 12-20-2016; Ord. No. 593, § 6, 1-17-2017)

"Restaurant" means an establishment engaged in the serving of meals to patrons for compensation, and where at least 20 percent of the gross floor area of the building or unit, is designed, equipped and used exclusively for the storage and preparation of food and non-alcoholic beverages; and where at least 50 percent of the gross floor area of the building, or unit is designed, equipped and used exclusively for seating of patrons for the purpose of serving meals; and where a maximum of 30 percent of the gross floor area may be devoted to incidental uses such as restrooms, offices or areas for the serving and sales of alcoholic beverages. The sale of alcoholic beverages shall be incidental to the sale of meals. The term "meals" means the usual assortment of foods commonly ordered at various hours of the day, whereby sandwiches, salads or microwaveable food items not prepared at the premises, or the mere availability or service of items commonly considered to be snack foods (i.e., potato chips, pretzels, peanuts, and the like) shall not be sufficient to constitute a meal or the existence of a restaurant. The term "patrons" means persons who come to a restaurant for the purpose of actually ordering and obtaining a meal therein.

(Code 1981, § 17.96.1595; Ord. No. 340, § 8(part), 1998)

17.96.1596. - Restaurant with limited live entertainment.

"Restaurant with limited live entertainment" means a restaurant that provides accessory live entertainment, where the performance area does not exceed 75 square feet or 20 percent of the restaurant's square footage that is available for customer seating, whichever is less.

(Ord. No. 678U, § 4(Att. B), 4-16-2024; Ord. No. 680U, § 5(Att. B), 6-4-2024; Ord. No. 681, § 4(Att. B), 6-182024)

"Retail store" means a business of selling goods, wares or merchandise directly to the ultimate consumer.

(Code 1981, § 17.96.1600; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.1610. - Ridge.

"Ridge" means the elongated crest or a linear series of crests of hills, bluffs or highlands.

(Code 1981, § 17.96.1610; Ord. No. 320, § 7(part), 1997)

"Structure ridgeline" means the top edge or crest of a structure's sloped roof or the top of a parapet, whichever constitutes the apex of the structure.

(Code 1981, § 17.96.1620; Ord. No. 320, § 7(part), 1997)

"Room" means an unsubdivided portion of the interior of a dwelling unit, including bathrooms, closets, hallways and service porches.

(Code 1981, § 17.96.1630; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.1640. - Row house.

"Row house" means a residence which shares a common side wall or walls with another residence.

(Code 1981, § 17.96.1640; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.1650. - Scale.

See section 17.02.040 (View preservation and restoration).

(Code 1981, § 17.96.1650; Ord. No. 320, § 7(part), 1997)

"Qualifying senior resident" means a resident meeting the definition of Civil Code § 51.3, specifically, an individual at least 62 years of age or an individual at least 55 years of age residing in a senior citizen housing development of at least 35 dwelling units.

(Code 1981, § 17.96.1660; Ord. No. 320, § 7(part), 1997; Ord. No. 474, § 19, 2008)

17.96.1670. - Service station.

"Service station" means the same as automobile service station.

(Code 1981, § 17.96.1670; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.1680. - Setback.

See section 17.02.040 (View preservation and restoration).

(Code 1981, § 17.96.1680; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.1690. - Shopping center.

"Shopping center" means a group of commercial establishments, planned, developed, owned and managed as a unit, with parking provided on the property.

(Code 1981, § 17.96.1690; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Shopping district" means a collection of individual stores standing on separate lot/parcels along street frontage or clustered in a contiguous area, with or without off-street parking.

(Code 1981, § 17.96.1700; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Short-term 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)

Lodging for a period of less than 30 days, in either case except as allowed by section 17.76.140 (Bed and breakfast inns), or as may be expressly permitted by the city.

The term "for compensation" includes, 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.

(Code 1981, § 17.96.1705; Ord. No. 592U, § 6, 12-20-2016; Ord. No. 593, § 6, 1-17-2017; Ord. No. 604U, § 2, 11-8-2017; Ord. No. 605, § 2, 2-20-2018)

"Sign" means any physical form of visual communication which is intended to be viewed from public areas. Any structures or building appurtenances which are or were at one time used for visual communication and which do not have any other legitimate function are also defined as signs. In addition, the definition of a sign includes all parts, portions, units and materi-als composing same, together with illumination, frame, background, structure and support and anchorage therefor. This definition shall not apply to the interior display of merchandise, but does apply to interior window signs large enough to be read by those in vehicles passing at the permissive speed in the nearest travel lane of public street or highway right-of-way.

(Code 1981, § 17.96.1710; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.1720. - Sign, announcement.

"Announcement sign" means a sign intended to direct attention to the nature of pending or on-going construction on the premises.

(Code 1981, § 17.96.1720; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Sign area" means the surface space within a single contiguous perimeter containing words, letters, figures or symbols, together with any frame, material or color forming an integral part of the display but excluding support structures, face of building and incidental parts not drawing attention to the subject matter.

(Code 1981, § 17.96.1730; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Billboard" and "outdoor advertising sign" mean a sign usually designed for use with changing advertising copy and which normally is used for the advertisement of goods produced or services rendered at locations other than the premises on which the signs are located.

(Code 1981, § 17.96.1740; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.1750. - Sign, contractor.

"Contractor sign" means a sign stating the names of those individuals or firms directly connected with the construction project on a particular parcel. Said sign may include the name of the city in which the individuals or firms are located and emergency telephone numbers.

(Code 1981, § 17.96.1750; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Directional sign" means a sign erected for the purpose of informing the viewer of the approximate route and direction of a given location or event and not including advertising.

(Code 1981, § 17.96.1760; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.1770. - Sign, flashing.

"Flashing sign" means a sign which contains or is illuminated by lights which are intermittently on and off, change in intensity or which create the illusion of flashing in any manner.

(Code 1981, § 17.96.1770; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Freestanding sign" means a sign standing on the ground, not attached to a building. Signs mounted flat on walls, or maintained on architectural extensions, such as wing walls, pergolas, etc., shall not be considered freestanding.

(Code 1981, § 17.96.1780; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Sign height" means the distance of the average surface grade immediately surrounding the base of the sign to the top of its highest element, including any structural element.

(Code 1981, § 17.96.1790; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Illuminated sign" means a sign in which a source of light is used in order to make the message readable. The term "illuminated sign" includes internally and externally lighted signs and reflectorized, glowing or radiating signs.

(Code 1981, § 17.96.1800; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.1810. - Sign, moving or rotating.

"Moving or rotating sign" means a sign or device designed to attract attention by visual means through the movement or semblance of movement of the whole or any part of the sign, including rotation, special lighting or wind-actuated devices.

(Code 1981, § 17.96.1810; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.1820. - Sign, off-premises.

"Off-premises sign" means a sign identifying a business or product at some location other than the property where the sign is displayed.

(Code 1981, § 17.96.1820; Ord. No. 320, § 7(part), 1997)

17.96.1830. - Sign, on-premises.

"On-premises sign" means a sign located on the same parcel with the business or product being identified or advertised.

(Code 1981, § 17.96.1830; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.1840. - Sign, permanent identification.

"Permanent identification sign" means a sign which directs attention to a principal business, profession, industry or building located on the premises upon which the sign is displayed.

(Code 1981, § 17.96.1840; Ord. No. 320, § 7(part), 1997)

17.96.1850. - Sign, product advertising.

"Product advertising sign" means a sign or portion of a sign which directs attention to accessory or secondary products or services sold on the premises by specific name, brand name, trademark or logo.

(Code 1981, § 17.96.1850; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Sign structure" means a structure which supports or is capable of supporting any sign. A sign structure may be a single pole and may or may not be an integral part of a building.

(Code 1981, § 17.96.1860; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.1870. - Sign, temporary.

"Temporary sign" means a sign constructed of paper, cloth, canvas or other similar lightweight material, with or without frames, and including painted windows, intended to be displayed for a period not to exceed 60 days.

(Code 1981, § 17.96.1870; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Temporary banner sign" means a sign generally made of flexible material, usually cloth, paper or plastic intended to be displayed for a period not to exceed 60 days.

(Code 1981, § 17.96.1880; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Temporary promotional sign" means a sign intended to direct attention to a special event or product; and which is intended to be displayed for a period not to exceed 60 days.

(Code 1981, § 17.96.1890; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Under-canopy sign" means a lighted or unlighted sign attached to the underside of a canopy projecting over a public or private sidewalk or right-of-way.

(Code 1981, § 17.96.1900; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Window sign" means a sign painted, attached, glued or otherwise affixed to or near a window and designed to be viewed from adjoining streets or public areas.

(Code 1981, § 17.96.1910; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.1920. - Site.

"Site" means a lot or parcel of land or a series of lots or parcels of land which comprise a single development or use.

(Code 1981, § 17.96.1920; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Site plan" means a plan, prepared to scale, showing accurately and with complete dimensioning, all of the structures, improvements and uses proposed for a specific site.

(Code 1981, § 17.96.1930; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Slope drain" means an impermeable drainage device used for erosion control on a slope or hillside.

(Code 1981, § 17.96.1940; Ord. No. 320, § 7(part), 1997)

"Manmade slope" means a slope altered or created by grading activities.

(Code 1981, § 17.96.1950; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Soils engineer" means a civil engineer licensed by the state and experienced in soil mechanics and slope stabilities, whose qualifications shall be acceptable to the city engineer.

(Code 1981, § 17.96.1960; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Stock cooperative" means a corporation formed or availed of primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, if all or substantially all of the shareholders

of such corporation receive a right of exclusive occupancy to a portion of the real property, title to which is held by the corporation, and the transfer of which is made by shares of stock in the corporation.

(Code 1981, § 17.96.1970; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Stockpile" means imported earth temporarily placed and stored for future fill on site or off site.

(Code 1981, § 17.96.1980; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Story" means a space in a building between the surface of any floor and the surface of the floor next above, or if there is no floor above, then the space between such floor and the ceiling or roof above. For the purposes of this definition, the term "space in a building" includes the space between the floor and the ceiling of a carport.

(Code 1981, § 17.96.1990; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997; Ord. No. 529, § 37, 11-15-2011)

"Street" means a public thoroughfare or right-of-way dedicated, deeded or condemned for the use as such, other than an alley or driveway, which affords the principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare, except as excluded in this Code.

(Code 1981, § 17.96.2000; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Street side" means the property line of a lot or parcel, other than the front or rear property line, which abuts a public or private right-of-way.

(Code 1981, § 17.96.2010; Ord. No. 320, § 7(part), 1997)

"Private street" means any lot not dedicated as a public street over which a private easement for road purposes has been recorded and used or intended to be used for ingress to or egress from a lot or lots which may or may not have frontage on a public street. For purposes of measuring setbacks and calculating lot coverage, a private street easement shall not be considered a part of a lot. The term "private street" does not mean a driveway.

(Code 1981, § 17.96.2020; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997; Ord. No. 510, § 11, 6- 29-2010)

"Structural alteration" means any change in or alteration to the structure of a building involving a bearing wall, column, beam or girder, floor or ceiling joists, roof rafters, roof diaphragms, foundations, piles, retaining walls or similar components.

(Code 1981, § 17.96.2030; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.2040. - Structure.

"Structure" means anything constructed or built, any edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which is located on or on top of the ground. For structures mentioned in section 17.02.040 (Single-Family Residential (RS) Districts) of this title, please see chapter 17.02 (View preservation and restoration) for definition.

(Code 1981, § 17.96.2040; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.2050. - Structure, accessory.

"Accessory structure" means a structure or part of a structure not exceeding 12 feet in height, which is physically detached from the main building on the lot and the use of which is incidental to that of the main building or use on the same lot. A structure that is incorporated within the continuous roofline of the primary structure is part of the primary structure and is not considered an accessory structure.

(Code 1981, § 17.96.2050; Ord. No. 320, § 7(part), 1997; Ord. No. 529, § 36, 11-15-2011)

17.96.2060. - Structure, advertising.

"Advertising structure" means the same as the term "sign."

(Code 1981, § 17.96.2060; Ord. No. 320, § 7(part), 1997)

17.96.2070. - Style.

See section 17.02.040 (View preservation and restoration) for definition.

(Code 1981, § 17.96.2070; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Subdivision" means the division of any unit of improved or unimproved land or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future, except for leases of agricultural land for agricultural purposes. Property shall be considered as continuous units, even if it is separated by roads, streets utility easement or railroad rights-of-way. The term "subdivision" includes a condominium project, as defined in Civil Code § 1351(f), a community apartment project, as defined in Civil Code § 1351(d), or the conversion of five or more existing dwelling units to a stock cooperative, as defined in Civil Code § 1351(m). As used in this section, the term "agricultural purposes" means the cultivation of food or fiber or the grazing or pasturing of livestock. The conveyance of land to a governmental agency, public entity or public utility could not be considered a division of land for purposes of computing the number of parcels.

(Code 1981, § 17.96.2080; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Subdivision design" means:

A.

Street alignment, grades and widths;

B.

Drainage and sanitary facilities, including alignments and grades thereof;

C.

Location and size of all required easements and rights-of-way;

D.

Fire roads and break ways;

E.

Lot size and configuration;

F.

Traffic access;

G.

Grading;

H.

Land to be dedicated for park or recreational purposes; and

I.

Such other specific requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to ensure conformity to or specific plan implementation of the general plan.

(Code 1981, § 17.96.2090; Ord. No. 320, § 7(part), 1997)

"Supportive housing" shall have the same meaning as Government Code § 65582(g), including any amendment or successor statute thereto.

(Code 1981, § 17.96.2095; Ord. No. 518, § 11, 4-5-2011; Ord. No. 680U, § 5(Att. B), 6-4-2024; Ord. No. 681, § 4(Att. B), 6-18-2024)

17.96.2100. - Temporary.

"Temporary" means a use of land or structures not intended to be of permanent duration and having a specific time period.

(Code 1981, § 17.96.2100; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

Tower height means above grade of the fixed portion of the tower, excluding the wind turbine.

(Code 1981, § 17.96.2105; Ord. No. 377, § 4, 2002)

"Trailer" means a vehicle without motive power, designed to be drawn by a motor vehicle and to be used for recreational purposes or for carrying persons and property for non-habitable purposes, including trailer coach, travel trailer and recreational vehicle. The term "trailer" shall not mean a mobilehome.

(Code 1981, § 17.96.2110; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.2115. - Transitional housing.

"Transitional housing" shall have the same meaning as Government Code § 65582(j), including any amendment or successor statute thereto.

(Code 1981, § 17.96.2115; Ord. No. 518, § 12, 4-5-2011; Ord. No. 680U, § 5(Att. B), 6-4-2024; Ord. No. 681, § 4(Att. B), 6-18-2024)

"Affordable unit" means a rental unit which does not exceed 30 percent of the renter's household income or a sale unit in which the sales price of the unit does not exceed four times the purchaser's annual household income.

(Code 1981, § 17.96.2120; Ord. No. 320, § 7(part), 1997)

17.96.2125. - Units, affordable housing.

"Affordable housing units" means units in a housing development that are subject to occupancy restrictions based upon the income of the occupants or owner, or both.

(Code 1981, § 17.96.2125; Ord. No. 474, § 20, 2008)

17.96.2130. - Unit, dwelling.

"Dwelling unit" means one or more habitable rooms which are intended or designed to be occupied by a family with facilities for living and the cooking and/or preparation of food.

(Code 1981, § 17.96.2130; Ord. No. 320, § 7(part), 1997)

17.96.2140. - Reserved.

17.96.2150. - Unit, primary dwelling.

"Primary dwelling unit" means the principal dwelling on a residential lot, which existing prior to the establishment of an accessory dwelling unit.

(Code 1981, § 17.96.2150; Ord. No. 320, § 7(part), 1997; Ord. No. 628, § 6, 10-15-2019)

"Second unit" means a second residential dwelling unit, other than an accessory dwelling unit or junior accessory dwelling unit, added to a parcel with only one existing primary dwelling unit.

(Ord. No. 656U, § 8, 12-21-2021; Ord. No. 663, § 4, 10-4-2022)

17.96.2170. - Urban lot split.

"Urban lot split" means the division of one parcel into two parcels as authorized by Government Code § 66411.7 and complying with the provisions of chapter 16.40.

(Ord. No. 656U, § 9, 12-21-2021)

"Use" means the purpose for which land or buildings are or may be arranged, designed, intended, occupied or maintained.

(Code 1981, § 17.96.2180; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Ancillary use" means a use that is appropriate, incidental and customarily or necessarily related to the primary use of the land, building or structure, and is located on the same lot as the primary use and is dependent upon the primary use for the majority of its utilization or activity.

(Code 1981, § 17.96.2190; Ord. No. 320, § 7(part), 1997)

"Use development or alteration" means any human activity involving the changing of topography of the land, erection of buildings or structures, the creation of land coverage, subdivision of land, the construction of drainageways or conduits, removal or destruction of rare or endangered species of vegetation or wildlife, the transmission of stormwater or wastewater and any other similar activity; or the maintenance of any activity upon land.

(Code 1981, § 17.96.2200; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Primary use" means the most important purpose for which a particular zoning district was established. Thus, for example, in a residential district it would be dwellings; in a commercial district it would be the retail sale of goods, the provision of services to the public and office functions; in institutional districts it would be major, public/quasi-public institutional and auxiliary uses; in cemetery districts it would be permanent interment.

(Code 1981, § 17.96.2210; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Vegetation" means any living plant organism, such as grasses, chaparral, brush, shrubs, trees.

(Code 1981, § 17.96.2220; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.2225. - Very high fire hazard severity zone.

"Very high fire hazard severity zone" means a zone as defined by Government Code § 51177 and designated by section 8.08.060 (Very high fire hazard severity zone map).

(Code 1981, § 17.96.2225; Ord. No. 640, § 4, 1-19-2021)

"Veterinary clinic" means a facility in which animals no larger than the largest breed of dog receive medical or surgical treatment, clipping, bathing or similar services. No overnight boarding of animals is permitted, other than those requiring emergency treatment or those recovering from surgery or anesthetic.

(Code 1981, § 17.96.2230; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.2240. - Video game.

See section 17.96.160 (Arcade, video game).

(Code 1981, § 17.96.2240; Ord. No. 320, § 7(part), 1997)

17.96.2250. - View.

See section 17.02.040 (View preservation and restoration).

(Code 1981, § 17.96.2250; Ord. No. 320, § 7(part), 1997)

17.96.2260. - Viewing area.

See section 17.02.040 (View preservation and restoration).

(Code 1981, § 17.96.2260; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.2270. - View restoration commission.

See section 17.02.040 (View preservation and restoration).

(Code 1981, § 17.96.2270; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.2280. - Visitor-serving use.

"Visitor-serving use" means a commercial or noncommercial use intended primarily to serve visitors to an area, such as hotels, motels, conference centers, restaurants, retail shops, etc.

(Code 1981, § 17.96.2280; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Wall" means any structure or device, which is not part of a building, forming a physical barrier, which is so constructed that 20 percent or more of the vertical surface is closed and prevents the passage of light, air or vision through said surface in a horizontal plane. The term "wall" includes concrete, concrete block, wood or other materials that are solid and are so assembled as to form a solid barrier.

(Code 1981, § 17.96.2290; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Common wall" means any structure or device forming a physical barrier between two or more dwelling units or between a dwelling unit and a public or quasi-public space (laundry rooms, recreation rooms, garages, etc.). Construction of a common wall shall be one of the following types:

A.

"Cavity wall." Two standard construction, parallel walls separated by a two-inch air space, as per the current California Building Code;

B.

"Staggered stud." A wall in which studs are staggered, so that each stud makes contact with only one wall surface, as per the current California Building Code.

(Code 1981, § 17.96.2300; Ord. No. 320, § 7(part), 1997)

17.96.2310. - Wall, downslope retaining.

"Downslope retaining wall" means a retaining wall which is located downslope from the primary structure.

(Code 1981, § 17.96.2310; Ord. No. 320, § 7(part), 1997)

17.96.2320. - Wall, garden.

"Garden wall" means a wall which retains less than three feet of earth.

(Code 1981, § 17.96.2320; Ord. No. 320, § 7(part), 1997)

"Retaining wall" means a wall which retains three feet or more of earth and which must be constructed to the city's California Building Code standards.

(Code 1981, § 17.96.2330; Ord. No. 320, § 7(part), 1997)

"Side yard retaining wall" means a retaining wall which is located in or along those lot lines which are at right angles to the front property line.

(Code 1981, § 17.96.2340; Ord. No. 320, § 7(part), 1997)

"Upslope retaining wall" means a retaining wall which is located upslope from the primary structure.

(Code 1981, § 17.96.2350; Ord. No. 320, § 7(part), 1997)

"Small wind energy system" means a wind energy conversion system consisting of a wind turbine (approved by the state energy commission as qualifying under the emerging renewables fund of the commission's renewable investment plan or certified by a national program recognized and approved by the state energy commission), a tower, and associated control or conversion electronics, which has a rated capacity that does not exceed the allowable rated capacity, as defined under the emerging renewables fund of the renewables investment plan, and which is used primarily to reduce onsite consumption of utility power.

(Code 1981, § 17.96.2355; Ord. No. 377, § 3, 2002)

"Bay window" means a window with a foundation that projects beyond the exterior wall of a building, thereby constituting a structural extension of the building.

(Code 1981, § 17.96.2360; Ord. No. 320, § 7(part), 1997)

"Garden window" means a window that projects a minimum of six inches beyond the exterior wall of a building and has no foundation.

(Code 1981, § 17.96.2370; Ord. No. 320, § 7(part), 1997)

"Windscreen" means any fence, wall, structure, device or landscaping material used to shield an area from the wind.

(Code 1981, § 17.96.2380; Ord. No. 320, § 7(part), 1997)

"Yard" means any open space on the same lot with a building or group of buildings, and which is unoccupied and unobstructed from the ground upward to the sky, except for the projections and/or accessory buildings or structures permitted by this title or title 16 (Subdivisions).

(Code 1981, § 17.96.2390; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

"Front yard" means a yard between the front yard setback line and the front lot line, street easement or highway setback line, and extending the full width of the lot.

(Code 1981, § 17.96.2400; Ord. No. 320, § 7(part), 1997)

"Rear yard" means a yard between the rear yard setback line and the rear lot line, extending the full width of the lot.

(Code 1981, § 17.96.2410; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.2420. - Yard, side.

"Side yard" means a yard extending between a side lot line and the side yard setback line. The side yard shall not include any required front yard or rear yard. The term "interior side yard" means a side yard not abutting a street. The term "street side yard" means a side yard abutting a street.

(Code 1981, § 17.96.2420; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)

17.96.2430. - Zoning district, base.

"Base zoning district" means the primary zoning designation established by this title, including any combined districts established by this title.

(Code 1981, § 17.96.2430; Ord. No. 277, § 8(part), 1992; Ord. No. 320, § 7(part), 1997)