Division 1 — Definitions

(“Definitions” added 12-9-1997 by O-18451 N.S.)

The purpose of this division is to provide clear and concise definitions of words and phrases that have meanings specifically related to the Land Development Code and to apply these terms in a consistent way throughout the Land Development Code.

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

Each word or phrase that is defined in this division appears in the text of the Land Development Code in italicized letters.

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

Abutting property means a lot or parcel of land that shares all or part of a common lot line with another lot or parcel of land.

Accessory building means an accessory structure which is also a “building” as defined in the California Building Code.

Accessory Dwelling Unit ( ADU ) means an attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation, and is located on the same premises as the proposed or existing single dwelling unit or multiple dwelling unit .

Accessory structure means a structure attached to or detached from a primary structure located on the same premises that is customarily incidental and subordinate to the primary structure or use. The term accessory structure includes accessory buildings.

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Accessory use means a use of land or building, or portion thereof, that is customarily incidental to, related to, and clearly subordinate to a primary use of the land or building located on the same premises .

Adult day care facilities means a facility that operates on a less than 24-hour basis and may provide medical care or personal care services to persons 18 years or older, including supervision or an organized day program of therapeutic, social, and health activities, and may serve persons with either physical or mental functional impairments.

Advertising display sign means a sign where the sign copy does not pertain to the use of the property, a product sold, or the sale or lease of the property on which the sign is displayed and which does not identify the place of business as purveyor of the merchandise or services advertised on the sign . Such signs include vehicle-mounted signs and billboards.

Affiliate means business entities, organizations, or individuals who either directly or indirectly (1) control one another or have the power to control one another or (2) are controlled by a third party or are subject to control by a third party. Affiliates include chief executive officers and members of boards of directors or their equivalents.

Alley means a public way that is no wider than 25 feet that is dedicated as a secondary means of access to an abutting property .

Amended map means a map as set forth in the Subdivision Map Act , Section 66469 through 66472.1, that is used to correct errors or to amend an existing final map or parcel map .

Antenna means a device or system used for the transmission or reception of radio frequency signals for wireless communications. It may include an Omni-directional (whip), directional (panel), dish, or GPS antenna . It does not include the support structure.

Appealable area means the area, as defined by California Public Resources Code Section 30603, within the coastal zone that constitutes the appeal jurisdiction of the Coastal Commission. This area includes lands 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 tideline of the sea where there is no beach, whichever is the greater distance; or within 100 feet of any wetland, estuary, or stream, or within 300 feet of the top of the seaward face of any coastal bluff. The appealable area is shown on Map Drawing No. C-730, on file in the office of the City Clerk as Document No. 00-17067-1; however, this map may be updated as appropriate and may not include all lands involving post-LCP certification appeal jurisdiction.

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Applicant means any person who has filed an application for a permit, map, or other matter and that is the record owner of the real property that is the subject of the permit, map, or other matter; the record owner’s authorized agent; or any other person who can demonstrate a legal right, interest, or entitlement to the use of the real property subject to the application; including any person who has an approved and executed Disposition and Development Agreement with the Redevelopment Agency of the City of San Diego.

Archaeological site, important (See important archaeological site )

Architectural projection means any building feature that extends beyond the structural envelope or above the roof or parapet line.

As-graded report means a report that summarizes the results of the observation and testing of grading operations.

Atrium means a roofed, interior building area that is open vertically through two or more floor levels and does not include enclosed stairways, elevators, escalators, plumbing, electrical, air conditioning, or other equipment.

Attic means a portion of the space immediately below a sloped roof that has a pitch of at least 3:12 (3 vertical feet to 12 horizontal feet) and is above the highest finished floor .

Awning means a shelter supported entirely from the exterior wall of a building and composed of non-rigid and rigid material including the supporting framework.

Base Flood means a flood having a one percent chance of being equaled or exceeded in any given year (also called “100-year flood”.)

Base flood elevation means the water surface elevation of a base flood .

Basement means a building area that is wholly or partially below grade .

Beach, coastal (See coastal beach )

Bedroom means an enclosed space within a dwelling unit that is designed or could be used for sleeping and has or is designed to have a door permitting complete closure and separation from all kitchen , living room, and hallway areas. A room or other enclosed space is not considered a bedroom if it is the sole access to another bedroom .

Benefitted area means the entire area that receives a benefit from a public improvement or public improvements .

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Bike share station means a designated area where bicycles are stored as part of a regional fleet by a public or private bicycle sharing company or organization and that provides self-service access to bicycles 24 hours a day to preapproved members or self-paying customers.

Bluff, coastal (See coastal bluff )

Bluff edge, coastal (See coastal bluff edge )

Breakaway wall means a wall that is not part of the structural support of the building and is designed and constructed to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.

Building envelope means the three-dimensional space within which a structure could be located as established by the applicable setbacks and maximum allowable structure height . See Section 113.0213 for additional information on determining a building envelope .

Building facade means all walls, or portions thereof, of a building that are visible when projected perpendicularly to a single plane that is most parallel to the closest public right-of-way , excepting alleys. See Section 113.0216 for additional information on determining building facade .

Business day means any day except a Saturday, Sunday, or holiday listed in Municipal Code Section 21.0104, unless otherwise specified.

Cannabis outlet has the same meaning as in San Diego Municipal Code section 42.1502.

Cannabis production facility has the same meaning as in San Diego Municipal Code section 42.1502.

Capital improvement program project means a tangible City project with a life expectancy greater than one year that is counted as a fixed asset with values for capitalization purposes. Capitalized assets have values for assessment of prosperity and financing purposes.

Car share station means a designated area where motor vehicles are parked as part of a regional fleet by a public or private car sharing company or organization and that provides self-service access to vehicles 24 hours a day to preapproved members.

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Certificate of Correction means a recorded document as set forth in the Subdivision Map Act , Sections 66469-66472.1 that is used to correct errors on a limited portion of a recorded final map or parcel map .

Certification means a signed , written statement that required inspections and tests have been performed and that the work performed complies with the applicable requirements.

Changeable copy sign means a sign on which copy can be changed either in the field or by remote means.

Channelization means artificial flood control works designed and constructed to contain all of a specified flood event; however, within the Coastal Overlay Zone channelization also means the filling or substantial alteration of the floodplain.

Child care facility means a facility that provides nonmedical care for children less than 18 years of age, on less than a 24-hour basis including small family day care homes, large family day care homes, and child care centers.

Church means an institution that people regularly attend to participate in or hold religious services, meetings, or other activities. This term does not carry a secular connotation and includes the buildings or other locations in which the religious services of any denomination are held.

Clearing means the cutting and removal of existing vegetation from a premises without disturbance to the soil or surface or destruction of the root system.

Coastal beach means the land between the edge of the sea and the first line of terrestrial vegetation or development or the toe of an adjacent sensitive coastal bluff or seawall, whichever is most seaward.

Coastal bluff means an escarpment or steep face of rock, decomposed rock, sediment, or soil resulting from erosion, faulting, folding, or excavation of the land mass that has a vertical relief of 10 feet or more and is in the coastal zone.

Coastal bluff edge means the termination of the top of a coastal bluff where the downward gradient of the land surface begins to increase more or less continuously until it reaches the general gradient of the coastal bluff face. See Section 113.0219 for additional information on determining the coastal bluff edge .

Coastal bluff face means that portion of a coastal bluff lying between the toe of the existing bluff and the coastal bluff edge .

Coastal bluff, sensitive (See sensitive coastal bluff )

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Coastal development means “development” as defined in the California Coastal Act of 1976, Section 30106 in the Coastal Overlay Zone, which states “development” means, on land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), 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 and kelp harvesting. As used in this section, “structure” includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line.

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 and kelp harvesting. As used in this section, “structure” includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line.

Condominium conversion means the change in ownership from a single structure or group of structures used for residential rental units to individual ownership of apartments or units under a condominium plan or to a cooperative or stock apartment project pursuant to the applicable provisions of the laws of the State of California.

Construction permit means a permit issued pursuant to Land Development Code Chapter 12, Article 9. Construction permits include the following: Building Permits, Electrical Permits, Plumbing/Mechanical Permits, Demolition/Removal Permits, Grading Permits, Public Right-of-Way Permits, Fire Permits, and Sign Permits.

Court, interior (See interior court )

Coverage, lot (See lot coverage )

Date of final action means the date all rights of appeal are exhausted for a permit, map, or other matter.

Decision date means the date a designated staff person approves or denies a permit or other matter.

Dedication means real property or an interest in real property offered to and accepted by the City for public use.

Dedication, unaccepted offer of (See unaccepted offer of dedication )

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Deemed complete means that the City Manager has determined that an application includes all of the information, materials, fees, and deposits required.

Density means the relationship between the number of dwelling units existing or permitted on a premises and the area of the premises .

Designated historical resource means a historical building , historical district , historical landscape , historical object , or historical structure , important archaeological site or traditional cultural property which has been designated by the Historical Resources Board pursuant to Land Development Code Chapter 12, Article 3, Division 2, is included in the City of San Diego Historical Resources Board Register, or has been listed in or determined to be eligible for listing in the California Register of Historic Resources or the National Register of Historic Places.

Development means the act, process, or result of dividing a parcel of land into two or more parcels; of erecting, placing, constructing, reconstructing, converting, establishing, altering, maintaining, relocating, demolishing, using, or enlarging any building, structure , improvement, lot , or premises ; of clearing , grubbing , excavating, embanking, filling , managing brush, or agricultural clearing on public or private property including the construction of slopes and facilities incidental to such work; or of disturbing any existing vegetation.

ablishing, altering, maintaining, relocating, demolishing, using, or enlarging any building, structure , improvement, lot , or premises ; of clearing , grubbing , excavating, embanking, filling , managing brush, or agricultural clearing on public or private property including the construction of slopes and facilities incidental to such work; or of disturbing any existing vegetation.

Development permit means a permit issued pursuant to Land Development Code Chapter 12, Article 6. Development permits include the following: Neighborhood Use Permits, Conditional Use Permits, Neighborhood Development Permits, Site Development Permits, Planned Development Permits, Coastal Development Permits, and Variances.

Disabled Person , pursuant to the Fair Housing Amendments Act of 1988, means any person who has a physical or mental impairment that substantially limits one or more major life activities; anyone who is regarded as having such impairment; or anyone who has a record of such impairment.

Dormer means a roofed structure projecting from a sloping roof and usually housing a window or ventilating louver.

Dwelling unit , means a room or suite of rooms in a building or portion thereof, used, intended or designed to be used or occupied for living purposes by one family , and containing only one kitchen .

Dwelling unit, multiple (See multiple dwelling unit )

Dwelling unit, single (See single dwelling unit )

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Efficiency kitchen means a food storage and preparation area containing a kitchen sink, cooking appliance, and refrigeration facilities, each having a clear working space of not less than 30 inches in front.

Encroachment means an intrusion of development into the public right-of-way , into environmentally sensitive lands , into lands containing a historical resource , or into required yards .

Environmental determination means a decision by any non-elected City decision maker, to certify an environmental impact report, adopt a negative declaration or mitigated negative declaration, or to determine that a project is exempt from the California Environmental Quality Act (CEQA), under State CEQA Guidelines Section 15061(b).

Environmentally sensitive lands means land containing steep hillsides, sensitive biological resources, coastal beaches, sensitive coastal bluffs, or Special Flood Hazard Areas.

Excavation means the act, process, or result of earthen material or substance being removed, cut into, dug, quarried, uncovered, displaced, or relocated.

Existing grade means the grade of a premises that existed before any development occurred or the grade of an existing pad that was approved by a tentative map . See Section 113.0228 for additional information on determining existing grade .

Exploration means the search for minerals by geological, geophysical, geochemical, or other techniques including sampling, assaying, drilling, or any surface or underground works needed to determine the type, extent, or quantity of minerals present.

Externally illuminated sign means a sign that reflects light from a source intentionally directed upon it, including silhouettes of letters or symbols placed before a background of reflected light.

Family means two or more persons related through blood, marriage, or legal adoption or joined through a judicial or administrative order of placement of guardianship; or unrelated persons who jointly occupy and have equal access to all areas of a dwelling unit and who function together as an integrated economic unit.

Fence means a vertical barrier or enclosure constructed of any material that supports no load other than its own weight.

Fence, open (See open fence )

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Fence, solid (See solid fence )

Fill means any soil, excavated or dredged material, riprap, rock, concrete, construction debris, pilings, sand, or other material or substance that is added to any location on a premises .

Final map means a map as defined by the Subdivision Map Act , Section 66426, usually used to subdivide a property into five or more lots .

Findings means determinations based upon a statement or set of statements of factual evidence that are used as the criteria for making a decision on a discretionary action.

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from (1) the overflow of flood waters; (2) the unusual and rapid accumulation or runoff of surface waters from any source; (3) the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge; or (4) by some similarly unusual and unforeseeable event which results in flooding as defined in this definition.

Flood fringe means all that land in a Special Flood Hazard Area not lying within a floodway , as shown on the Flood Insurance Rate Maps .

Flood Insurance Rate Map (FIRM) means the most current effective maps as published by the Federal Emergency Management Agency that delineates the Special Flood Hazard Areas and the risk premium zones applicable to the community.

Flood Insurance Study means the most current published by the Federal Emergency Management Agency in conjunction with the Flood Insurance Rate Maps (FIRM) . The study includes such background data as the base flood discharges and water surface elevations that were used to prepare the FIRMs.

Flood proofing means any combination of structural and nonstructural additions, changes, or adjustments to structures that reduce or eliminate the damage to a premises and its contents that would otherwise result from a flood .

Floodplain, (See Special Flood Hazard Area )

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Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Floodway also means the area within a Special Flood Hazard Area , as shown on the Flood Insurance Rate Maps .

Floor means a horizontal, continuous, supporting, or nonsupporting surface of a structure .

Floor Area Ratio (FAR) means the numerical value obtained by dividing the gross floor area of all buildings on a premises by the total area of the premises on which the buildings are located. See Section 113.0234 for additional information on calculating gross floor area .

Freeway means a limited-access roadway as provided by the California Streets and Highways Code.

Frontage zone means the section of the public right-of-way between the throughway zone and the property line .

Furnishings zone means the section of the public right-of-way between the curb and the throughway zone in which street trees, lights, and street furniture are provided. Street furniture is described in the Street Design Manual of the Land Development Manual.

Geotechnical report means a preliminary report that states existing soil conditions and provides recommendations for the proposed construction operations. For purposes of the Land Development Code, the term geotechnical report includes soils reports, geological reconnaissance, geotechnical investigations, and seismic studies.

Grade means the elevation of the surface of the ground.

Grade, existing (See existing grade )

Grade, proposed (See proposed grade )

Grading means any earthwork that involves grubbing , excavation , embanking, or filling .

Greenway means a public space parallel to the public right-of-way with a pedestrian pathway to enhance the throughway zone .

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Gross floor area means the sum of the horizontal square footage of all existing, proposed, and phantom floors of a building which may or may not be completely enclosed within the exterior surface of the surrounding exterior walls. See Section 113.0234 for additional information on calculating gross floor area .

Ground sign means any sign supported wholly by uprights, braces, or poles in or on the ground including poster panels, painted bulletins, signs on fences , and signs on structures other than buildings and canopies.

Grubbing means the removal or destruction of vegetation by disturbance to the root system or soil surface by mechanical, chemical, or other means.

Guest room means any rented or leased room that is used or designed to provide sleeping accommodations for one or more guests in hotels , motels , private clubs, lodges, and fraternity or sorority houses.

Hardscape means patterned paving material including tiles; mortared pavers; wood timbers; colored, patterned concrete with a tile, brick, or stone appearance; or a patterned paving material with enhanced concrete that has an exposed aggregate, colored, or salt finish.

Hazardous waste means waste that because of its quantity, concentration, or physical, chemical, or infectious characteristics may either cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, disposed of, or otherwise managed. Unless expressly provided otherwise, the term hazardous waste shall include extremely hazardous waste as defined in the Code of Federal Regulations (40 CFR Part 264).

Height, structure (See structure height )

Historical building means a construction that possesses historical, scientific, architectural, aesthetic, or cultural significance that was created principally to shelter human activity (such as a house, barn, church , hotel , or similar construction).

Historical district means a significant concentration, linkage, or continuity of sites, buildings, structures , or objects that are united historically, geographically, or aesthetically by plan or physical development and that have a special character, historical interest, cultural or aesthetic value, or that represents one or more architectural periods or styles in the history and development of the City.

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Historical landscape means a modified feature of the land that possesses historical, scientific, aesthetic, cultural, or ethnic significance to a neighborhood or community.

Historical object means a construction of historical, scientific, aesthetic, cultural, or ethnic significance that is usually by design or nature movable and primarily artistic in nature or relatively small in scale and simply constructed (such as signs , light fixtures, and street or garden furniture).

Historical resource means a designated historical resource, historical building , historical structure , historical object , important archaeological site, historical district , historical landscape , or traditional cultural property .

Historical structure means a functional construction that possesses historical, scientific, architectural, aesthetic, or cultural significance, usually made for purposes other than sheltering human activity (such as large-scale engineering projects, water control systems, transportation systems, mine shafts, kilns, ovens, lighthouses, and radio telescopes).

Hotel/Motel means a building containing six or more guest rooms that are rented for less than 30 days and used or designed to be used for sleeping purposes. Hotel or motel does not include any jail, hospital, asylum, sanitarium, orphanage, prison, detention home, or other institution in which human beings are housed and detained under legal restraint.

Idle means to curtail for a period of one year or more surface mining operations by more than 90 percent of the operation’s previous maximum annual mineral production, with the intent to resume those surface mining operations at a future date.

[Editors Note: This definition only applies outside of the Coastal Overlay Zone.]

Important archaeological site means a site or location of past human occupation with significant subsurface deposits, where important prehistoric or historic activities or events occurred, that possesses unique historical, scientific, cultural, religious, or ethnic value of local, regional, state, or federal importance. Important archaeological sites include:

• (a) Archaeological sites listed in the City of San Diego Historical Resources Board Register or listed in or determined to be eligible for listing in the California Register of Historical Resources or in the National Register of Historic Places;

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• (b) Areas of past human occupation where important prehistoric or historic activities or events occurred (such as villages or large camps); and

• (c) Locations of past or current traditional religious or ceremonial observances as defined by California Public Resources Code Section 5097.9, et seq., and protected under Public Law 95-341, the American Indian Religious Freedom Act (such as burials, pictographs, petroglyphs, solstice observation sites, and sacred shrines).

Interested person means a person who spoke at a public hearing from which an appeal arose or a person who expressed an interest in the decision in writing to that decision maker before the close of the public hearing.

Interior court means a space that is open and unobstructed to the sky and is bounded on three or more sides by walls that extend above grade .

Internally illuminated sign means a sign that has the light source enclosed within it so the source is not visible to the eye.

Junior Accessory Dwelling Unit ( JADU ) means a dwelling unit that is 500 square feet or less in size and is contained entirely within an existing or proposed single dwelling unit on a residential single dwelling unit lot . A JADU may include separate sanitation facilities or may share sanitation facilities with the single dwelling unit .

Kitchen means an area used or designed to be used for the preparation of food which includes facilities to aid in the preparation of food such as a sink, a refrigerator and stove, a range top or oven.

Land use plans means the General Plan and adopted community plans, specific plans, precise plans, and sub-area plans.

Large retail establishment means a single tenant retail establishment 50,000 square feet or greater gross floor area or one multiple tenant retail establishment 50,000 square feet or greater gross floor area where the multiple tenants share common check stands, a controlling interest, storage areas, warehouses, or distribution facilities.

Lateral access means the public access along the shoreline paralleling the water’s edge.

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Local Coastal Program has the same meaning as stated in the California Coastal Act of 1976, Section 30108.6, which states: “ Local Coastal Program means a local government’s (a) land use plans, (b) zoning ordinances, (c) zoning district maps, and (d) within sensitive coastal resource areas, other implementing actions, which, when taken together, meet the requirements of, and implement the provisions and policies of, this division at the local level.”

Lot means a parcel, tract, or area of land established by plat, subdivision , or other legal means to be owned, used, or developed. See Section 113.0237 for additional information on determining a lot .

Lot coverage means that portion of a lot that is occupied by buildings or structures that are roofed or otherwise covered or that are unroofed and have a finished floor that extends more than 3 feet above grade . Lot coverage is expressed as a percentage. See Section 113.0240 for additional information on calculating lot coverage .

Low income means any household whose income exceeds 50 percent but does not exceed 80 percent of the median income as adjusted for household size as defined by the U.S. Department of Housing and Urban Development for the San Diego Standard Metropolitan Statistical Area.

Lower income students means students who have a household income and asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as set forth in Section 69432.7(k)(1) of the California Education Code.

Lowest floor means the lowest floor of the lowest enclosed area. An unfinished or flood -resistant enclosure that is usable solely for parking vehicles, building access, or storage is not considered a building’s lowest floor .

Major transit stop means a site as defined in California Public Resources Code section 21064.3, as may be amended, or a site that contains an existing rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.

Map, amended (See amended map )

Manufactured home means a structure that is transportable in one or more sections that has been built on a permanent chassis and designed for use as a dwelling when attached to the required utilities. The term manufactured home does not include a recreational vehicle.

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Map, final (See final map )

Map, parcel (See parcel map )

Map, subdivision (See subdivision map ) Map, tentative (See tentative map )

Market value means the current dollar value of a structure that is determined in accordance with procedures established by the City Manager.

Marquee means a permanent, roofed structure that is attached to and supported by a building and that projects over the public right-of-way .

Median income means any household whose income does not exceed the median income as adjusted for household size as defined by the U.S. Department of Housing and Urban Development for the San Diego Standard Metropolitan Statistical Area.

MHPA means multiple habitat planning area as identified by the City of San Diego MSCP Subarea Plan . The MHPA includes areas to be preserved as well as those areas where development will be allowed.

Mined lands means the surface, subsurface, and groundwater of an area in which surface mining operations are proposed to be, are being, or have been conducted, including private ways or roads appurtenant to these areas, land excavations, workings, mining waste , and areas in which structures , facilities, equipment, machines, tools, or other materials or property that result from or are used in surface mining operations are located.

Mining waste means the residual soil, rock, mineral, liquid, vegetation, equipment, machines, tools, or other materials or property directly resulting from or displaced by surface mining operations.

Minor-oriented facility means any after school program, teen center, club for boys and/or girls, children’s theater, children’s museum, or other establishment where the primary use is devoted to people under the age of 18.

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Mobilehome means a structure that is transportable in one or more sections, which, in the traveling mode, is 8 body feet or more in width, or 30 feet or more in length, or, when erected on-site, has 240 or more square feet of lot coverage , and which is built on a permanent chassis and designed to be used as a dwelling when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under this part. Mobilehome includes a mobilehome subject to the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C. and 5401, et seq.).

Moderate income means any household whose income exceeds 80 percent but does not exceed 120 percent of the median income as adjusted for household size as defined by the U.S. Department of Housing and Urban Development for the San Diego Standard Metropolitan Statistical Area.

Monopole means a support structure, which consists of a single pole supporting a panel, omni or dish antenna .

Motel (See hotel/motel )

Movable tiny house means an accessory structure that is between 150 and 430 square feet in size on a residential lot , and that provides independent living facilities for one or more persons, independent of the primary dwelling unit , and that includes permanent provisions for living, sleeping, eating, cooking and sanitation.

MSCP Subarea Plan means the City of San Diego plan implementing the Multiple Species Conservation Program.

Multiple dwelling unit means two or more dwelling units on a single lot . The term does not include Accessory Dwelling Units , Junior Accessory Dwelling Units , or employee housing.

Net building area means the aggregate gross floor area of all the unrestricted dwelling units within a development , excluding areas outside the dwelling unit ’s habitable space such as garages, carports, parking areas, porches, patios, open space, and excluding common areas such as lobbies, common hallways, stairways, elevators, and equipment spaces.

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Off-street parking space means an unobstructed area not located in a public street or alley that is maintained exclusively for the parking of one passenger vehicle.

Open fence means a fence that has at least 35 percent of the vertical surface area of each 6-foot section open to light. Within the Coastal Overlay Zone, open fence means a fence designed to permit public views that has at least 75 percent of its surface area open to light.

Operator means any person who is directly engaged in surface mining operations, or who contracts with others to conduct operations on his/her behalf, except a person who is engaged in surface mining operations as an employee with wages as his/her sole compensation.

[Editors Note: This definition only applies outside of the Coastal Overlay Zone.]

Overburden means soil, rock, or other materials that lie above a natural mineral deposit or in between mineral deposits, before or after their removal by surface mining operations.

[Editors Note: This definition only applies outside of the Coastal Overlay Zone.]

Owner, record (See record owner )

Parcel map means a map as defined by the Subdivision Map Act , Section 66426, usually used to subdivide a property into four lots or less.

Parking, shared (See shared parking )

Parking space, off-street (see off-street parking space)

Parkway means the area within the public right-of-way between the curb of a street and the public right-of-way line. The parkway includes the frontage zone , furnishings zone , and throughway zone .

Paseo means a pedestrian path that provides a connection from a public right-of-way to public spaces or public parks abutting or within a premises .

Penthouse means a structure for enclosing mechanical equipment or stairs that is located on the roof of a multi-story building and set back from the vertical projections of the exterior building walls.

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Permanent supportive housing means housing with no limit on length of stay that is occupied by the target population , and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community. Permanent supportive housing may provide mental health support and counseling, as well as other services needed to support families and individuals with independent living.

Permit holder means an applicant who has been granted a permit, or the applicant’s successor, or the person using the property that is subject to the permit.

Placemaking means the temporary use of public right-of-way and private property that activates streetscapes by enhancing the pedestrian experience and providing neighborhood-serving activities, experiences, or spaces and includes temporary, small-scale development specifically designed to support that temporary use. Projects that may qualify as placemaking uses include, but are not limited to, those that provide areas for pedestrians to briefly rest ( e.g. , plazas, shade structures, and benches), promote the use of underutilized space ( e.g. , landscaping and decorative lighting), improve and promote pedestrian activity and other uses of the public rightof-way ( e.g. , bicycle racks and refuse containers), and activate property parking areas in a Sustainable Development Area ( e.g. , outdoor dining).

Planned Urbanized Communities include recently developed and developing communities characterized by urban or suburban levels of density and intensity. Planned Urbanized Communities are one of the Development Character Areas represented on Figure 131-01A.

Playground means any outdoor premises or grounds owned or operated by the City that contains any play or athletic equipment used or intended to be used by any person less than eighteen (18) years old.

Plaza means a public space primarily composed of hardscape at ground level with a building fronting at least one side in the front or side yard .

Podium means a public space on an upper story of a building or parking structure with public access to the ground level and at least one building entrance. A pedestrian connection can be provided to an adjacent elevated transit station or development .

Premises means an area of land with its structures that, because of its unity of use, is regarded as the smallest conveyable unit.

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Chapter 11: Land Development Procedures

Previously conforming means the circumstance where a use, structure , or premises complied with all applicable state and local laws when it was first built or came into existence, but because of a subsequent change in zone or development regulations, is not in conformance with the current zone or all development regulations applicable to that zone.

Previously conforming density means the circumstance where a residential development is currently an allowed use in the zone and was constructed with a lawful number of units, but due to a change in the zone or zoning regulations, now has a greater number of units than is allowed in the zone.

Prezoning ordinance means an ordinance adopted by the City Council that delineates the zoning of territory not yet incorporated into the City.

Primary use means the allowed use on a premises that occupies a majority of the area of the premises .

Projecting sign means a sign other than any type of wall sign that is attached to and extends from the face of a structure .

Property line means a line that defines the boundaries of a lot or premises for purposes of applying development regulations. See Section 113.0246 for additional information on determining property lines .

Proposed Grade means the grade of a premises that will result after all development has been completed.

Proposition A Lands include lands characterized by very low density, residential, open space, natural resource based park or agricultural uses, have the same meaning as the former future urbanizing land designation, and are subject to Proposition A, the Managed Growth Initiative of 1985. Proposition A Lands are one of the Development Character Areas represented on Figure 131-01A.

[Editors Note: Refer to the Land Use and Community Planning Element of the 2008 General Plan for further description of the former future urbanizing land designation, the current Development Character Areas, and Proposition A, the Managed Growth Initiative.]

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Public improvement means the act or result of construction, reconstruction, or repair of improvements that are for or incidental to a public purpose.

Public nuisance has the same meaning as stated in Municipal Code Section 11.0210.

Public park means a publicly owned area that is designated as a park.

Public project means any development located on a premises owned, leased or maintained by the City.

Public right-of-way means a public easement for streets , alleys , or other uses.

Public service easement means any easement granted to the City of San Diego for public utilities of any kind and related facilities.

Public space means a publicly accessible outdoor area that is adjacent to or accessible from a public right-of-way or transit station that provides designated areas for public use and recreational activities. Public space can include seating, shade structures and landscaping. Public space includes the greenways , paseos , plazas , podiums , and urban greens .

Public vantage point means any publicly accessible location on dedicated or publicly owned property, including roadways and parks, that affords a view of open space areas, unblocked by existing or potential structures built in accordance with provisions of the applicable zone. Open space areas include the ocean, a coastal lagoon, a canyon, a hillside, or any other open space area identified in an adopted community plan.

Public utility means a person or entity furnishing gas, electricity, or communication services to the citizens of San Diego under a franchise granted by the City or the State of California.

Reasonable Accommodation , pursuant to the Fair Housing Amendments Acts of 1988 and the California Fair Employment and Housing Act, means accommodations necessary to afford disabled persons an equal opportunity to use and enjoy a dwelling .

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Reclamation means the combined process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding , erosion, and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and create no danger to public health or safety. The process may extend to affected lands surrounding mined lands, and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization, or other measures.

[Editors Note: This definition only applies outside of the Coastal Overlay Zone. For the definition of reclamation within the Coastal Overlay Zone, refer to Land Development Code Section 113.0103, added by City Council on December 9, 1997 by O-18451.]

Record owner means the owner of real property as shown on the latest equalized property tax assessment rolls of the San Diego County Assessor.

Recyclable material means material that is suitable for reuse, remanufacture, or reconstitution, including glass, plastic, paper, and metal. Recyclable material does not include general refuse, hazardous waste , or hazardous waste materials.

Recyclable construction and demolition debris means material generated at construction and demolition sites that is suitable for reuse, remanufacture, or reconstitution, including asphalt, concrete, aggregates, bricks, rocks, ceramics, drywall, metals, wood, soils or other material.

Recycling facility means a center for the collection or processing of recyclable materials . A facility that uses recyclable materials to manufacture an end product that does not require further processing is a manufacturing facility, not a recycling facility .

Recycling Market Development Zones means industrial areas that have been designated by the City Council to stimulate businesses that manufacture recycled products and process recyclable material .

Reimbursement district means the benefited area within which a property is subject to a reimbursement charge for the purpose of reimbursing a developer or the City, or both, for the cost of public improvements that are not attributable to the project that funded the entire cost of public improvements .

Remainder parcel means that portion of a subdivided property that is not divided for the purpose of sale, lease, or financing as defined in the Subdivision Map Act , Section 66424.6.

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Remaining yard means the portion of the yards on a premises that is not within the street yard .

Resolution of lien means the resolution passed by the City Council establishing the amount due from each parcel within a reimbursement district .

Retaining wall means a wall designed to resist the lateral displacement of soil or other materials.

Roof deck means an enclosed or partially enclosed area, with or without an overhead structure , cover, or roof, that is located on a flat or relatively flat roof of a building. Any walled area erected exclusively to screen mechanical equipment is not a roof deck .

Roof eave means the lowest part of a roof that overhangs the wall below and from which rain would drain.

Roof line means the top edge of a roof or the top of the parapet, whichever is the higher elevation.

Roof sign means a sign erected upon, against, or directly above a roof or roof eave , atop or above the parapet, or on an architectural adjunct above the roof or roof eave .

Rooming house means a dwelling unit where three or more rooms, excluding kitchens and bathrooms, are rented to three or more individuals under three or more separate rental agreements or leases. Housing protected by federal or state law, including housing for persons protected under the Fair Housing Act (42 U.S.C. section 3604(f) and the California Fair Employment and Housing Act (California Government Code section 12900 et seq. ), or housing otherwise subject to the City’s Separately Regulated Use regulations in Chapter 14, Article 1, shall not constitute a rooming house.

San Diego Promise Zone , as defined by the United States Department of Housing and Urban Development pursuant to the Federal Promise Zone Initiative, means high poverty communities where the federal government partners with local leaders to increase economic activity, improve educational opportunities, leverage private investment, reduce violent crime, enhance public health, and address other priorities identified by the community.

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School means an institution of learning that offers instruction in those courses of study required by the California Education Code or that is maintained pursuant to standards set by the State Board of Education. This definition does not include a vocational or professional institution or an institution of higher education, including a community or junior college, college, or university.

Screen means the act, process, or result of visually shielding or obscuring a structure or use from adjacent property by fencing, walls, berms, or densely planted vegetation.

Seismic safety study means the most recent update of the document so titled, including the Geologic Hazard Maps, Geotechnical Land Use Maps, and Fault Maps, as approved by the City Engineer and on file with the City Engineer and the City Clerk.

Sensitive biological resources means upland and/or wetland areas that meet any one of the following criteria:

• (a) Lands that have been included in the City of San Diego Multiple Species Conservation Program Preserve;

• (b) Wetlands ;

• (c) Lands outside the MHPA that contain Tier I Habitats, Tier II Habitats, Tier IIIA Habitats, or Tier IIIB Habitats;

• (d) Lands supporting species or subspecies listed as rare, endangered, or threatened under Section 670.2 or 670.5, Title 14, California Code of Regulations, or the Federal Endangered Species Act, Title 50, Code of Federal Regulations, Section 17.11 or 17.12, or candidate species under the California Code of Regulations; or

• (e) Lands containing habitats with Narrow Endemic Species as listed in the Biology Guidelines in the Land Development manual.

• (f) Lands containing habitats of covered species as listed in the Biology Guidelines in the Land Development Manual

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EDITORS NOTE: The Land Development Manual includes:

Coastal Bluffs and Beaches Guidelines Biology Guidelines Historical Resources Guidelines Submittal Requirements for Deviations within the Coastal Overlay Zone See RR-292248 for the Coastal Bluffs and Beaches Guidelines of the Land Development Code; RR-292249 for the Biology Guidelines of the Land Development Code; RR-292250 for the Historical Resources Guidelines of the Land Development Code; RR-292251 for the Submittal Requirements for Deviations within the Coastal Overlay Zone of the Land Development Code.

Sensitive coastal bluff means a coastal bluff that is designated within hazard category numbers 41 through 47, inclusive, on the City’s Geologic Hazard Maps plus the area of an additional 100-foot strip located landward and contiguous to the coastal bluff edge .

Setback means a required distance inward from and perpendicular to a property line at or behind which all structures must be located unless otherwise specified. See Section 113.0252 for additional information on measuring setbacks .

Setback line means a continuous line located at the setback running parallel to the closest property line . See Section 113.0249 for additional information on determining setback line .

Sex offender means any individual who has been charged by criminal indictment or complaint or convicted of a sex-related offense outside the family unit as defined by the California Penal Code, Part 1, Title 9, Chapter 1, or in Sections 286, 286.5, 288, 288a, 289 of Chapter 5, or in Section 314 of Chapter 8, or any amendment or recodification of any such sections.

Sex offender treatment and counseling facility means a medical treatment or counseling facility that physically or psychologically treats five or more sex offenders within 1 calendar year.

Shared parking means the sharing, under legal agreement, of an off-street parking facility or facilities by two or more uses.

Shopkeeper unit means a dwelling unit with both living quarters and commercial space where the commercial use is located on the ground floor and operated by the resident of the dwelling unit .

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Side street means a street abutting a corner lot that is approximately parallel to the line along which lot depth is measured as described in Section 113.0243.

Sign means any identification, description, illustration, or device, illuminated or nonilluminated, that is visible from the public right-of-way or is located on private property and exposed to the public and which directs attention to a product, place, activity, person, institution, business, or solicitation, including any permanently installed or situated merchandise with the exception of window displays, and any emblem, painting, banner, pennant, placard, or temporary sign designed to advertise, identify, or convey information.

Sign, advertising display (See advertising display sign )

Sign, changeable copy (See changeable copy sign )

Sign copy means the words, symbols, or emblems on a sign surface, whether in permanent or removable form.

Sign copy area means the area of the smallest geometric figure that can enclose the words, symbols, or emblems of a wall sign . For internally illuminated wall signs , the entire illuminated sign face is the sign copy area . See Section 113.0255 for additional information on how to calculate sign copy area .

Sign, externally illuminated (See externally illuminated sign )

Sign face means the entire area of a sign on which sign copy could be placed for roof signs , ground signs , projecting signs , and advertising display signs . See Section 113.0258 for additional information on how to calculate sign face .

Sign, ground (See ground sign )

Sign, internally illuminated (See internally illuminated sign )

Sign, projecting (See projecting sign )

Sign, roof (See roof sign )

Sign, wall (See wall sign )

Single dwelling unit means a detached dwelling unit or attached dwelling units where each dwelling unit is on an individual lot .

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Social service institution means an organization engaged in activities that promote social welfare, including philanthropic assistance to the sick, needy, or unfortunate. This term does not include residential care facilities, provisions for on-site residence or confinement, adult day care, alcohol recovery facilities, and parolee rehabilitation services.

Solid fence means a fence that provides a solid screen.

Special Flood Hazard Area or SFHA , means any area inundated during a base flood as shown on the Federal Insurance Rate Map as Zone A, AO, A1-30, AE, A99, AH, VO, V1-30, VE, V, M, or E (also referred to as the 100-year floodplain ).

Specified anatomical areas means and includes less than completely and opaquely covered human genitals, pubic region, buttocks, anus, female breasts below a point immediately above the top of the areolae, or human male genitals in a discernible turgid state, even if completely and opaquely covered.

Specified sexual activities means and includes the fondling or other touching of human genitals, pubic region, buttocks, anus, or female breasts; sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; masturbation, actual or simulated; or excretory functions as part of or in connection with any of the activities set forth above.

SRO (single room occupancy) hotel means a structure which contains six or more SRO hotel rooms . An SRO hotel does not include any institution in which persons are housed or detained under legal restraint or hospitalized or otherwise under medical, nursing or psychiatric care, or fraternity or sorority houses.

SRO hotel room means a guest room or efficiency unit, as defined by California Health and Safety Code section 17958.1, intended or designed to be used, or which is used, rented, or hired out, to be occupied, or which is occupied, as a primary residence, by guests

Stabilization means the act, process, or result of applying measures designed to reestablish a weather-resistant enclosure or the structural stability of an unsafe or deteriorated property while maintaining the property’s basic existing form.

Steep hillsides means all lands that have a slope with a natural gradient of 25 percent (4 feet of horizontal distance for every 1 foot of vertical distance) or greater and a minimum elevation differential of 50 feet, or a natural gradient of 200 percent (1 foot of horizontal distance for every 2 feet of vertical distance) or greater and a minimum elevation differential of 10 feet.

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Story means the area between grade and finished floor , the area between finish- floor elevations or the area between the finish- floor elevation and the roof elevation. See Section 113.0261 for additional information on measuring story .

Street means that portion of the public right-of-way that is dedicated or condemned for use as a public road and includes highways, boulevards, avenues, places, drives, courts, lanes, or other thoroughfares dedicated to public travel, but does not include alleys .

Street frontage means the length of one premises ’ property line along the street it borders.

Street, side (See sidestreet )

Street wall means all contiguous walls of a building whose overall limits make up the building facade . See Section 113.0264 for additional information on determining the street wall .

Street wall line means the street wall and a line extending outward from the outermost points of the street wall parallel to the street until the extensions of the lines intersect the side or rear property lines or encircle the building. See Section 113.0267 for additional information on determining street wall line .

Street yard means the area of a lot or premises that lies between the edge of the nearest street and the street wall line .

Structural envelope means the three-dimensional space enclosed by the exterior surfaces of a building or structure .

Structure means an edifice or building of any kind or any construction built up or composed of parts joined together in some definite manner including a wall, fence , pier, post, sign , or shelter.

Structure height means the vertical distance between all points on top of a structure or any of its appurtenances and grade directly below. See Section 113.0270 for additional information on measuring structure height .

Subdivider has the same meaning as stated in the Subdivision Map Act , Section 66423.

Subdivision has the same meaning as stated in the Subdivision Map Act , Section 66424.

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Subdivision map means any map that is filed for the purpose of subdividing property as defined by the Subdivision Map Act . It may be a final map or a parcel map .

Subdivision Map Act means the provisions found in California Government Code Section 66410, et seq.

Substantial conformance means that a revision to a development that was approved through a permit or tentative map complies with the objectives, standards, guidelines, and conditions for that permit or tentative map .

Substantial improvement for the purposes of Sections 129.0104(c) and 143.0146 means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which, equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement.

Surface mining means all, or any part, of the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incident to an underground mine. Surface mining operations include but are not limited to:

• (a) In-place distillation or retorting or leaching.

• (b) The production and disposal of mining waste.

• (c) Prospecting and exploratory activities.

[ Editors Note : This definition only applies outside of the Coastal Overlay Zone. For the definition of surface mining within the Coastal Overlay Zone, refer to Land Development Code Section 113.0103, added by City Council on December 9, 1997 by O-18451.]

Sustainable Development Area means the area within a defined walking distance along a pedestrian path of travel using sidewalks from a major transit stop that is existing or planned, if the planned major transit stop is included in a transportation improvement program or applicable regional transportation plan, as follows:

• (a) Within Mobility Zones 1 and 3, as defined in Section 143.1103, the defined walking distance is 1.0 mile.

• (b) Within Mobility Zone 4, as defined in Section 143.1103, the defined walking distance is 0.75 mile.

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• (c) For parcels located in Mobility Zone 4, in an area identified as a High or Highest Resource California Tax Credit Allocation Committee (CTCAC) Opportunity Area, the defined walking distance is 1.0 mile.

In addition, an adopted specific plan prepared in accordance with Section 122.0107(a), shall be within the Sustainable Development Area if the Sustainable Development Area is within a portion of the adopted specific plan.

Target population means persons, including disabled persons and families , who are homeless or individuals and families currently residing in permanent supportive housing if the individual or family was homeless when approved for tenancy in the permanent supportive housing project in which they currently reside.

Temporary event means an activity or use of limited duration that involves the placement of non-permanent structures and/or involves exclusive use of sandy beach, parkland, filled tidelands, water, streets or parking area which is otherwise open and available for general public use. For purposes of this definition, limited duration means a period of time which does not exceed a two week period on a continual basis, or does not exceed a consecutive four month period on an intermittent basis.

Tentative map has the same meaning as stated in the Subdivision Map Act , Section 66424.5.

Throughway zone means the section of the public right-of-way between the furnishings zone and the frontage zone or the building fronting the street with a sidewalk for pedestrian travel only and clear of obstacles, including driveway aprons.

Traditional cultural property means a locale which has been, and may continue to be, of religious, mythological, economic, or social importance to an identifiable ethnic group. This includes sacred areas where religious ceremonies were or are practiced or that are central to a group’s origins as a people (such as a mountain, river, or cave). Also included are areas where plants or other materials were or are gathered for food, medicine, or other economic purposes.

ontinue to be, of religious, mythological, economic, or social importance to an identifiable ethnic group. This includes sacred areas where religious ceremonies were or are practiced or that are central to a group’s origins as a people (such as a mountain, river, or cave). Also included are areas where plants or other materials were or are gathered for food, medicine, or other economic purposes.

Transit area means (1) the area within a one-quarter-mile radius of either public streets as having the location, mix of densities, mix of uses, and development patterns that can generate sufficient bus ridership to support a frequent and consistent level of bus service (as typified by a 10 to 15-minute frequency of service); or, (2) existing and proposed trolley stops and major bus transfer centers that have been approved for development by the Metropolitan Transit Development Board (MTDB) with identified, available funding, as identified in Map No. C-900 on file in the office of the City Clerk as Document No. OO-18911-2.

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Transit priority area means the area defined in California Public Resources Code Section 21099, as may be amended, or an area within one-half mile of a major transit stop that is existing or planned, if the planned major transit stop is scheduled to be completed within the planning horizon included in a Transportation Improvement Program.

Unaccepted offer of dedication means real property or an interest in real property offered to, but not accepted by, the City for public use and on which the City retains the right to accept the offer of dedication at a later date.

Unbundled parking means an off-street parking space that is leased or sold separately from, rather than included in, the rent or purchase price of a dwelling unit .

Uncontrolled fill means any fill on which no soil testing was performed or no compaction reports or other soils reports were prepared or submitted during or after placement.

Underfloor means the usable or unusable space under the lowest usable finished floor of a structure on a sloping lot .

Urban green means a public space primarily composed of multi-purpose turf or other active usable ground cover at ground level with a building fronting at least one side in the front or side yard .

Urbanized Communities include the central portion of the City and are characterized by the established, built-out neighborhoods and downtown core. Urbanized Communities are one of the Development Character Areas represented on Figure 131-01A

Vehicular use area means the area of a premises used for parking and vehicular traffic for all types of vehicles excluding covered parking structures or underground parking areas.

Very low income means any household whose income does not exceed 50 percent of median income as adjusted for household size as defined by the U.S. Department of Housing and Urban Development for the San Diego Standard Metropolitan Statistical Area.

Visibility area means the area necessary to allow adequate sight distance for safe vehicle and pedestrian movement at intersections involving a public right-of-way . See Section 113.0273 and the Street Design Manual for additional information on adequate sight distance and measuring visibility areas .

VPHCP means the City of San Diego Vernal Pool Habitat Conservation Plan.

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Chapter 11: Land Development Procedures

Wall, retaining (See retaining wall )

Wall sign means a sign attached to, or a sign copy area on, a structure or adjunct of a structure , including an equipment screen or dormer that completely screens the mechanical equipment of the structure , and has its exposed sign face parallel or approximately parallel to the plane of the structure to which the sign is attached.

Wetland buffer means an area or feature(s) that protects the functions and values of the adjacent wetland .

Wetlands are defined as areas which are characterized by any of the following conditions:

• (a) All areas persistently or periodically containing naturally occurring wetland vegetation communities characteristically dominated by hydrophytic vegetation, including but not limited to salt marsh, brackish marsh, freshwater marsh, riparian forest, oak riparian forest, riparian woodlands, riparian scrub, and vernal pools;

• (b) Areas that have hydric soils or wetland hydrology and lack naturally occurring wetland vegetation communities because human activities have removed the historic wetland vegetation or catastrophic or recurring natural events or processes have acted to preclude the establishment of wetland vegetation as in the case of salt pannes and mudflats;

• (c) Areas lacking wetland vegetation communities, hydric soils and wetland hydrology due to non-permitted filling of previously existing wetlands ;

• (d) Areas mapped as wetlands on Map No. C-713 as shown in Chapter 13, Article 2, Division 6 (Sensitive Coastal Overlay Zone).

It is intended for this definition to differentiate for the purposes of delineating wetlands , between naturally occurring wetlands and wetlands intentionally created by human actions, from areas with wetlands characteristics unintentionally resulting from human activities in historically non-wetland areas. With the exception of wetlands created for the purpose of providing wetland habitat or resulting from human actions to create open waters or from the alteration of natural stream courses, areas demonstrating wetland characteristics, which are artificially created are not considered wetlands by this definition. Taking into account regional precipitation cycles, all adopted scientific, regulator, and technological information available from the State and Federal resource agencies shall be used for guidance on the identification of hydrophytic vegetation, hydric soils and wetland hydrology.

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Wireless communication facility means the antennas, support structures, and other equipment or apparatus necessary for providing personal wireless services and information services.

Yard means an open area that lies between the setback line and the nearest parallel property line within which no structures may be located, unless otherwise specified. See Section 113.0276 for additional information on determining yards .

(Amended 6-3-2003 by O-19191 N.S.) (Amended 9-7-2004 by O-19313 N.S.) (Amended 2-28-2005 by O-19360 N.S.) (Amended 11-28-2005 by O-19444 N.S.; effective 2-9-2006.) (Amended 3-1-2006 by O-19467 N.S.; effective 8-10- 2006) (Amended 8-10-2004 by O-19308 N.S.; effective 4-11-2007.) (Amended 6-15-2007 by O-19624 N.S.; effective 7-15-2007.) (Amended 4-8-2008 by O-19734 N.S.; effective 5-8-2008.) (Amended 4-23-2008 by O-19739 N.S.; effective 5-23-2008.) (Amended 11-13-2008 by O-19801 N.S.; effective 12-13-2008.) (Amended 8-4-2011 by O-20081 N.S.; effective 10-6-2011.) (Amended 7-31-2012 by O-20187 N.S.; effective 8-30-2012.) (Amended 6-18-2013 by O-20261 N.S.; effective 7-19-2013.) (Amended 10-22-2013 by O-20309 N.S.; effective 12-12-2013.) (Amended 2-12-2014 by O-20348 N.S.; effective 3-14-2014.) (Amended 3-25-2014 by O-20356 N.S.; effective 4-24-2014.) (Amended 5-5-2015 by O-20481 N.S.; effective 6-4-2015.) (Amended 7-10-2015 by O-20512 N.S.; effective 8-9-2015.) (Amended 7-28-2015 by O-20518 N.S.; effective 8-27-2015.) (Amended 10-15-2015 by O-20567 N.S.; effective 11-14-2015.) (Amended 4-5-2016 by O-20634 N.S.; effective 5-5-2016.) (Amended 2-3-2017 by O-20789 N.S.; effective 3-5-2017.)

[Editors Note: Amendments as adopted by O-20789 N.S. will not apply within the Coastal Overlay Zone until the California Coastal Commission certifies it as a Local Coastal Program Amendment.

Click the link to view the Strikeout Ordinance highlighting changes to prior language http://docs.sandiego.gov/municode_strikeout_ord/O-20789-SO.pdf ]

(Amended 2-22-2017 by O-20793 N.S.; effective 4-12-2017.) (Amended 9-15-2017 by O-20857 N.S.; effective 10-15-2017.) (Amended 9-15-2017 by O-20856 N.S.; effective 10-20-2017.) (Amended 2-9-2018 by O-20899 N.S.; effective 3-11-2018.) (Amended 5-22-2018 by O-20928 N.S.; effective 6-21-2018.)

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(Amended 3-25-2019 by O-21057 N.S.; effective 4-24-2019.) (Amended 8-9-2019 by O-21114 N.S.; effective 9-8-2019.) (Amended 1-8-2020 by O-21162 N.S., O-21163 N.S., and O-21164 N.S.; effective 2-9-2020.) (Amended 1-28-2020 by O-21167 N.S; effective 7-1-2020.) (Amended 8-12-2020 by O-21223 N.S.; effective 10-8-2020.) (Amended 10-30-2020 by O-21254 N.S.; effective 11-29-2020.) (Amended 2-1-2021 by O-21288 N.S.; effective 3-3-2021.) (Amended 4-14-2021 by O-21305 N.S.; effective 5-29-2021.) (Amended 12-17-2021 by O-21401 N.S.; effective 1-16-2022.)

[Editors Note: Amendments as adopted by O-21401 N.S. will not apply within the Coastal Overlay Zone until the California Coastal Commission certifies it as a Local Coastal Program Amendment.

Click the link to view the Strikeout Ordinance highlighting changes to prior language http://docs.sandiego.gov/municode_strikeout_ord/O-21401-SO.pdf ]

(Amended 1-27-2022 by O-21416 N.S.; effective 2-26-2022.) (Amended 3-7-2023 by O-21618 N.S.; effective 5-6-2023.) (Amended 1-16-2024 by O-21758 N.S.; effective 3-16-2024.) (Amended 7-22-2024 by O-21836 N.S.; effective 10-5-2024.)

[Editors Note: Amendments as adopted by O-21836 N.S. will not apply within the Coastal Overlay Zone until the California Coastal Commission certifies it as a Local Coastal Program Amendment.

Click the link to view the Strikeout Ordinance highlighting changes to prior language http://docs.sandiego.gov/municode_strikeout_ord/O-21836-SO.pdf ]

(Amended 7-23-2025 by O-21989 N.S.; effective 8-22-2025.)

[Editors Note: Amendments as adopted by O-21989 N.S. will not apply within the Coastal Overlay Zone until the California Coastal Commission certifies it as a Local Coastal Program Amendment.

Click the link to view the Strikeout Ordinance highlighting changes to prior language http://docs.sandiego.gov/municode_strikeout_ord/O-21989-SO.pdf ]

(Amended 1-21-2026 by O-22050 N.S.; effective 3-22-2026.)

[Editors Note: Amendments as adopted by O-22050 N.S. will not apply within the Coastal Overlay Zone until the California Coastal Commission certifies it as a Local Coastal Program Amendment.

Click the link to view the Strikeout Ordinance highlighting changes to prior language http://docs.sandiego.gov/municode_strikeout_ord/O-22050-SO.pdf ]

Ch. Art. Div. 11 3 1 33

San Diego Municipal Code (10-2024)

Chapter 11: Land Development Procedures