2.04 — R RESIDENTIAL DISTRICTS

Court. A space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three or more sides by walls of a building.

Coverage, Lot or Site. In calculating the percentage of lot coverage for the purpose of applying
the regulations of this Zoning Code, the features of a structure as hereafter set forth shall not be
included as coverage:

A. Cornices, canopies, eaves or other projections which do not increase the volume of space
enclosed by the building provided that any portion of such projections extending more than
two feet from the building shall be included as coverage;

B. Fire escapes up to three and one-half feet;

C. An uncovered stair and landing which does not extend above a ground floor entrance
except for the railing; or

D. Bay windows, balconies or chimneys which project from the wall not more than two feet;
provided, that, such features do not in the aggregate occupy more than one-third of the
length of a wall which faces an interior side lot line, or more than two-thirds of the length
of a wall which faces a street or a rear lot line.

Covered Porch. A roofed structure that is open on at least two sides, including the covered,
unenclosed portion over porches, entryways, balconies, decks, terraces and patios. A trellis or
arbor does not count as a covered porch.

Credit Union. See "Financial Institutions, Retail."

Cross-Dock. An industrial shipping facility with truck loading docks and/or doors located on opposing sides of an enclosed or unenclosed platform. Shallow depth cross-docks (such as those
with less than 75 feet between the opposing docks and/or doors, and with minimal area for
storage) are typically associated with the "Truck Terminals" use classification.

Cultural Institutions. Non-profit institutions displaying or preserving objects of interest in one
or more of the arts or sciences. This classification includes libraries, museums, and art galleries.

Dance Clubs. Any establishment where the primary use is dance and where persons pay
admission to dance except where admission charges are to be used for charitable, educational,
religious, or social groups which do not include the distribution of profits to the sponsors or
members thereof.

Day Care, Child or Adult. A State-licensed facility that provides care for adult clients or minor children for periods of less than 24 hours per day for any client. These facilities include the following, all of which are classified and required to be licensed by the California State Department of Social Services. This does not include employer-run day care services that are provided as an accessory use to an established business. For San Leandro zoning purposes, the categories are defined as follows:

A. Day Care, General. As defined by California Health and Safety Code, any child or adult day care facility other than a family day care, and includes infant centers, preschools, extended day care facilities, and school-age child care centers.

B. Day Care, Family Home. A day care facility in a single residence where an occupant of the residence provides family day care for up to 14 clients, inclusive, including adult clients and children under the age of ten years who reside in the home.

Daylight Plane. An inclined plane, beginning at grade or a stated height above grade at a side or rear property line, and extending into the site at a stated upward angle to the horizontal, which may limit the height or horizontal extent of structures at any specific point on the site where the daylight plane is more restrictive than the height limit applicable at such point on the site. Please refer to the Daylight Plane illustration below.

DAYLIGHT PLANE (This diagram is illustrative)

Deck. A platform, either freestanding or attached to a building that is supported by pillars or posts (see also, "Balcony").

Department Store. A retail sales use occupying at least 60,000 square feet of gross leasable area, that is operated subject to the overall management of a single entity or appears as such to the general public, and that sells a range of goods and services including men's and women's clothing, clothing accessories, and house wares and home furnishings. Department stores may also sell or provide a range of other goods or services such as appliances, electronic items,

toys, giftware, specialty foods, financial or insurance services, travel services, coffee shops, etc., typically included or frequently found in businesses identified in the United States, as "department stores."

Depth. See "Lot Depth."

Detention Facilities. Publicly owned and operated facilities providing housing, care, and supervision for persons confined by law.

Distinguished or Characterized by an Emphasis upon. The dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon" the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas. See Pringle v. City of Corvina, 115 Cal.App.3d 151 (1981).

Distribution Line. An electric power line bringing power from a distribution substation to consumers.

District. A portion of the City within which the use of land and structures and the location, height, and bulk of structures are governed by this Code.

Domestic Violence Safe House. A single housekeeping unit that exclusively houses survivors of domestic abuse and, if applicable, their children. The adult house members are to be within a program that counteracts the impacts of domestic violence and may receive Federal, State or City funding. House members agree to a program that maintains strict confidentiality of the safe houses' location, with unpublished phone and address numbers, a prohibition on mail deliveries, and limitations or prohibition of visits from friends or family.

Drive-Up Facility. Service of food, goods or services from a building to persons in vehicles.

Drug Paraphernalia Store. As defined in Chapter 4-2-100 of the San Leandro Municipal Code, any establishment or place where drug paraphernalia, as defined in Chapter 4-2-100 of the San Leandro Municipal Code, is displayed, grouped, advertised, or promoted for the purpose of sale, either as a primary business or as an incident of some other business. "Drug paraphernalia store" as used herein does not include an establishment or place specifically licensed or authorized by the State or Federal Government or any agency thereof to sell or offer for sale cannabis, hashish, cocaine, or any controlled substance as defined in the Health and Safety Code of the State of California, when drug paraphernalia is displayed, advertised, or promoted for the purpose of sale to persons authorized by prescription or otherwise to legally possess such cannabis, hashish, cocaine, or other such controlled substance with which the drug paraphernalia item is so used; nor does "drug paraphernalia store" include any establishment or place licensed by the State or Federal Government, or any agency thereof to lawfully sell drug paraphernalia.

Drugstore. Establishments which have the primary use devoted to the sale of miscellaneous household items, including hair products, various toiletries, food items, housekeeping supplies, stationery supplies, etc., and which include the sale of prescription and non-prescription drugs as an accessory use.

Dwelling, Duplex. See "Two-Family Residential."

Dwelling, Multi-Family. A building containing three or more dwelling units.

Dwelling, Single-Family. A building containing one dwelling unit.

Dwelling Unit. One room, or a series of rooms that provides not more than one kitchen and one
or more bathrooms, and is intended for occupancy by a single housekeeping unit. An individual
dwelling unit is characterized by a single main pedestrian entry, with all other points of entry
being visually subordinate, and an interior stairway provided between all stories.

Electronic Cigarette-Related Products. Any electronic device that can provide an inhalable
dose of nicotine by delivering a vaporized solution, as defined by California Revenue and
Tax Code Section 30121(b), or any electronic device designed to vaporize a liquid solution
that releases flavored vapor and the use or inhalation of such device simulates smoking. This
definition shall include any substance containing nicotine or a flavored liquid solution for
vaporization through an electronic cigarette, including any product or formulation of matter
containing biologically active amounts of nicotine that is manufactured, sold, offered for sale,
or otherwise distributed with the expectation that the product or matter will be introduced into
the human body, but does not include any cessation product specifically approved by the United
States Food and Drug Administration for use in treating nicotine or tobacco dependence.

Emergency Health Care. Facilities providing emergency medical service with no provision for
continuing care on an inpatient basis.

Emergency Shelters. Housing with minimal supportive services for homeless persons that is
limited to occupancy of six months or less, as defined in Section 50801 of the California Health
and Safety

Code. Medical assistance, counseling, and meals may be provided. See development regulations
in Section 4.04.384 Emergency Shelters.

Employee Housing. Has the same meaning as "employee housing" as set forth in Health and
Safety Code Section 17008 for farmworkers.

Entertainment Events. Regulations pertaining to entertainment events, defined as a use
classification by this Code, apply to the following events where they occur on a scheduled basis
more than six days during a calendar year on the site of any permitted or conditionally permitted
use, excluding events for the non-profit, charitable or educational proposes of public or private
institutional uses. Entertainment events are further defined as events advertised as a stand-alone
event with a set start or end time, or where separate admission is charged.

A. A musical, theatrical, wrestling, cabaret, or comedy act performed by one or more persons,
regardless of whether performers are compensated;

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

C. Televised events.

Equipment Sales. The sale of large products for commercial and industrial use, e.g. x-ray
machines, photocopy machines, etc.

Establishment of an Adult-Oriented Business. As used herein, to establish an adult-oriented
business shall mean and include any of the following:

A. The opening or commencement of any adult-oriented business as a new business;

B. The conversion of an existing business, whether or not an adult-oriented business, to any
adult-oriented business defined herein;

C. The addition of any of the adult-oriented businesses defined herein to any other existing adult-oriented business;

D. The relocation of any such adult-oriented business; or

E. The expansion of the floor area of an existing adult-oriented business by 25 percent, or
more.

Facade. The wall planes of a structure as seen from one side or view.

Family. A person or a group of persons living together and maintaining a common household.

Farmers' Market. The outdoor sale of products, including but not limited to fresh fruits, nuts,
vegetables, baked goods, meats and seasonal decorative items such as flowers and Christmas
wreaths made from natural materials grown by the vendor, with sales taking place between the
consumer and the farmer at tables, booths or similar temporary stands.

Fast Food Establishments, Large Scale. Establishments that primarily offer quick, take-out food service, with a menu of items that are either already prepared and held for service, or can be assembled, prepared, fried, or griddled quickly. This classification differs from "Restaurants, Full-Service" in that, generally, orders are not taken at the customer's table; food is served in disposable wrapping or containers with disposable utensils; and limited or no table service is provided. Seating, if provided, typically consists of fixed chairs or benches. This classification excludes coffee and teahouses, ice cream/frozen yogurt parlors and other food/beverage retailers within the "Cafés" classification. This classification applies to establishments with 2,000 square feet or more in gross floor area, and greater than 1,000 square feet of public dining area. Also see "Fast Food Establishments, Small Scale."

Fast Food Establishments, Small Scale. Establishments conforming to the "Fast Food Establishments, Large Scale" classification, but with less than 2,000 square feet in gross floor area, or less than 1,000 square feet of public dining area.

Fence. An artificially constructed barrier of any material or combination of materials erected to enclose, separate, or screen areas of land.

Financial Institutions, Check Cashing and Personal Loan Services. Businesses whose primary purpose is to provide limited financial services to individuals, such as check cashing, deferred deposit loans and loans on vehicle titles. This includes, but is not limited to, check cashers, payday advance businesses and other businesses regulated by the State of California's Check Casher Permit Program, per the California Civil Code, Section 1789.37. A financial institution, check cashing, or personal loan services use in conjunction with another use will be considered accessory to the use if said use is not advertised outside the business premises or by signs visible from the outside of the building.

Financial Institutions, Retail. Financial institutions that provide retail banking services to individuals and businesses. These institutions include banks, savings and loans, credit unions, security brokers and real property lending institutions. It does not include check cashing or payday advance (see "Financial Institutions, Check Cashing, and Personal Loan Services").

First Story. See "Story, First."

Floor Area, Gross. The total enclosed area of all floors of a building, other than a single-family home in an RO or RS District, measured to the outside face of the structural members in exterior walls, and including halls, stairways, mezzanines, elevator shafts at each floor level, service and mechanical equipment rooms, and basement or attic areas having a height of more than seven feet. For measure of floor area in a single-family home, refer to Section 2.04.332.A Calculation of Floor Area, Single Family Dwelling.

Floor Area Ratio (FAR). The gross floor area of a building, excluding the area used exclusively for vehicle parking and loading divided by the total lot area of the parcel on which the building is situated. Please refer to the Floor Area Ratio illustration below.

FLOOR AREA RATIO (The diagram is illustrative)

Floor Area, Residential. The measure of floor area in a single-family home in an RO or RS District. Refer to Section 2.04.332.A Calculation of Floor Area, Single Family Dwelling.

Food Processing, General. Establishments engaged in the manufacturing or processing of food or beverages for consumption and wholesale distribution where the processing of food is primarily from raw materials or involves complex food packaging. This classification includes breweries and establishments where the food processing may involve noxious or unpleasant odors.

Food Processing, Limited. Establishments engaged in the manufacturing or processing of food or beverages for consumption and wholesale distribution where the processing of food is primarily from previously prepared foodstuffs or is limited in nature. This classification excludes establishments where the food processing involves noxious or unpleasant odors.

Footprint. The ground area covered by a building excluding projections beyond the exterior walls, such as eaves, balconies and bay windows, that do not extend to grade.

Fortune-Telling Establishment. Any business establishment where a person purports to predict or influence future events through any magic, mystical, supernatural, occult, psychic, extrasensory, or metaphysical techniques.

Freight Forwarding Services. See "Parcel Processing and Shipping Centers" and "Truck Terminals."

Frontage, Building. The building elevation(s) facing a public way and/or containing a public entrance.

Frontage, Lot. The portion of a lot abutting a public way.

Furniture, Electronic, and Appliance Sales. Establishments retailing the following goods as their primary business: furniture, electronic equipment, and appliances. This classification excludes retailers who sell furniture, electronics and appliances as a part of a department store or retail sales, big box classification.

Game Centers. A commercial establishment, which contains more than four pinball machines, computer games, electronic video games, or any other similar games or devices, for the use of which fees are paid directly into the machines or to an operator regardless of whether the devices constitute the primary use or accessory or incidental use of the premises. This does not include

games of chance, Internet sweepstakes, or any gambling activities, which are not permitted in any zoning district in the City.

Garage, Private. A building for the private use of the owner or occupant of a principal building with a permanent roof, situated on the same lot as the principal building and designed for the storage of motor vehicles, with no facilities for mechanical service or repair of a commercial or public nature; see also the definition of "Carport."

Garage, Storage. A structure or part thereof used for the storage, parking or servicing of motor vehicles, but not the repair thereof.

Garage and Yard Sales. Sales in an R District of personal property on an occasional basis, not exceeding two times per year and on the premises of the property owner or the premises of a residential property in the immediate vicinity.

General Plan. The City of San Leandro General Plan, as amended.

Government Offices. Administrative, clerical, or public contact offices of a government agency, including postal facilities, together with incidental parking, storage and maintenance of vehicles.

Grade, Existing. The surface of the exterior ground or pavement at a stated location as it exists (i.e. without alteration) prior to disturbance in preparation for a project regulated by this Code.

Grade, Finished Ground Level. The lowest point of elevation of finished ground level within the area between a building and the property line or where the property line is more than five feet from the building, between the building and a line five feet from the building. In cases where walls are parallel to and within five feet of a sidewalk, the finished ground level shall be measured at the sidewalk. Please refer to the grade standards illustration below.

GRADE STANDARDS (The diagram is illustrative)

Grade, Street. The top of the curb, or the top of the edge of the pavement or traveled way where no curb exists.

Group Housing. Use of a building for residential living accommodations for seven or more individuals, not living together as a household, with a communal arrangement where meals are provided in a common dining area, and either no or limited cooking facilities are provided within the individual rooms or units. This classification includes boarding houses with up to four rooms, dormitories, private residential clubs, assisted care facilities for the elderly, and housing for individuals requiring court ordered supervision, but excludes "Residential Hotels," "Hotels, Motels, and Time-Share Facilities," "Convalescent Facilities," and "Residential Congregate Care Facilities" use classifications.

Group Housing, Limited. Use of a building for residential living accommodations for up to six individuals, not living together as a household, with a communal arrangement where meals are provided in a common dining area, and either no or limited cooking facilities are provided within the individual rooms or units. This classification includes boarding houses with up to four rooms, dormitories, private residential clubs, assisted care facilities for the elderly, and housing for individuals requiring court ordered supervision, but excludes "Residential Hotels," "Hotels, Motels, and TimeShare Facilities," "Convalescent Facilities," and "Residential Congregate Care Facilities" use classifications.

Gun or Weapon Shop. A business establishment principally engaged in the business of selling fire-arms, ammunition or other "deadly weapon" as defined in Part 4, Title 2 of California Penal Code (commencing with Section 12000).

Hazardous Substances. Includes all substances on the comprehensive master list of hazardous substances compiled and maintained by the California Department of Health Services pursuant to Section 25282 of the California Health and Safety Code or the California Occupational Safety and Health Agency's Hazardous Substances List; CCR Title 8, Division 1, Chapter 3.2, Subchapter 1, Article 5, Section 339. See also Section 4.04.212 Hazardous Materials Storage.

Health and Fitness Centers. Establishments with equipment for exercise and physical conditioning. This classification includes spas, gyms, tennis clubs, racquet ball clubs, pools, sports courts and fields, climbing walls, skating rinks, batting cages, diet centers, reducing salons, fitness studios, health studios, and massage therapy as an accessory use to another health and fitness center use.

Hedge. Any arrangement of plants or trees forming a barrier or erected to enclose or screen areas of land and obstructing the clear view.

Height. A vertical dimension measured from finished ground level of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The height of a stepped or terraced building is the maximum height of any segment of the building, unless otherwise specified, to the highest point. Please refer to the Building Height illustration below. (For a definition of "height" in relation to Telecommunications antennas and towers, see Section 4.04.376 Wireless Tele-communications Facilities (as per Ordinance No. 98-009); and for definition of height restrictions in the RS-VP sub-district, refer to Section 2.04.320.C. Additional Height Restrictions in RS-VP Sub-District.)

BUILDING HEIGHT (The diagram is illustrative)

Home Improvement and Interior Decoration. Establishments retailing the following goods: paint, wallpaper, carpeting, tile, floor coverings, plumbing fixtures, lighting fixtures, cabinets, countertops and other kitchen fixtures, window coverings, windows, and doors.

Home Occupation. Occupations conducted in a dwelling unit, portions of the garage not required for parking, or accessory building in a residential district that are incidental to the principal residential use of a lot or site and which meet the conditions of Section 2.04.220 Home Occupation in R Districts. This definition does not include "cottage food operations" defined separately herein.

Horticulture, Limited. The raising of vegetables, flowers, ornamental trees, and shrubs as a commercial enterprise, provided that no nursery equipment or materials shall be stored and no structures erected. Commercial horticulture accessory to a dwelling unit shall be regulated as a home occupation in the RO District, only, per Section 2.04.208 RO District—Use Regulations.

Hospitals. Facilities providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons, primarily on an inpatient basis. This classification includes incidental facilities for outpatient treatment, as well as training, research, and administrative services for patients and employees.

Hotels, Motels, and Time-Share Facilities. Establishments offering lodging on a less than weekly basis. This classification includes eating, drinking, and banquet service as accessory uses if under the direct control of the primary use.

Industrial Transfer/Storage/Treatment Facilities for Hazardous Waste. Any hazardous waste management facility, which is not a small-scale transfer and storage facility or a residuals repository. This facility category includes, but is not limited to:

A. Manifested waste transfer station;

B. Recycling facility;

C. Aqueous treatment facility;

D. Stabilization and solidification facility;

E. Bioremediation facility.

Industry, Cannabis Product Manufacturing. Cannabis manufacturing, processing, and
packaging of products derived from or infused with cannabis, including edibles, concentrates and
extracts for wholesale or retail to cannabis dispensaries or other cannabis product distributors
and manufacturers as allowed by State law. This definition includes cannabis manufacturers
requiring a Type 6 or 7 license from the State of California. This definition does not include the
cloning, planting or cultivation of cannabis plants or the direct sales, distribution, delivery, or
dispensing of manufactured cannabis products to the public.

Industry, Custom. Establishments primarily engaged in on-site production of goods by hand
manufacturing involving the use of hand tools and small-scale equipment.

Industry, General. Manufacturing of products, primarily from extracted or raw materials, or
bulk storage and handling of such products and materials. Uses in this classification typically
involve a high incidence of truck or rail traffic, and/or outdoor storage of products, materials,
equipment, or bulk fuel. This classification includes chemical manufacture or processing,
laundry and dry cleaning plants, and auto dismantling within an enclosed building. This
classification excludes the processing of recycled materials as a facility regulated by Section