Chapter 18.04 — DEFINITIONS

Unless the context otherwise requires, the following definitions shall be used in the interpretation and construction of this title, and words used in the present tense shall include the future; the singular number shall include the plural, and the plural the singular; the word "building" shall include the word "structure"; the word "used" shall include "arranged," "designed," "constructed," "altered," "converted," "rented," "leased," or "intended to be used"; and the word "shall" is mandatory and not directory. The words "section" and "article" refer to the sections and article of this code. (Ord. 84-1 §2-1; Ord. 25-01, 2/18/2025)

"Access" means the provision of public pedestrian access from a public thoroughfare to and along the shoreline. (Ord. 84-1 §2-2; Ord. 25-01, 2/18/2025)

"Bluff-top access" means a path or trail located along the top of a coastal bluff. (Ord. 84-1 §2-3; Ord. 25-01, 2/18/2025)

"Lateral access" means continuous access along the beach parallel to the mean high tide line. (Ord. 84-1 §2-4; Ord. 25-01, 2/18/2025)

"Vertical access" means a path or trail which connects the nearest public roadway with a shoreline destination via a reasonably direct route. (Ord. 84-1 §2-5; Ord. 25-01, 2/18/2025)

"Accessory use" or "accessory structure" means a use or structure subordinate to the principal use of a building on the same premises and serving a purpose customarily incidental to the use of the principal buildings.

(Ord. 84-1 §2-6; Ord. 25-01, 2/18/2025)

"Affordable housing cost" has the same meaning as defined in Section 50052.5 of the Health and Safety Code. (Ord. 25-01, 2/18/2025)

"Affordable rent" has the same meaning as defined in Section 50053 of the Health and Safety Code.

(Ord. 25-01, 2/18/2025)

"Agent of owner" means any person who, by affidavit filed with the planning department, furnishes written proof of such agency.

(Ord. 84-1 §2-7; Ord. 25-01, 2/18/2025)

"Aggrieved person" means, for the purposes of a coastal development permit appeal, any person who, in person or through a representative, appeared at a public hearing of the City Council in connection with the decision or action appealed, or who, by other appropriate means prior to a hearing informed the City Council of the nature of his or her concerns or who for good cause was unable to do either.

(Ord. 84-1 §2-8; Ord. 25-01, 2/18/2025)

"Alley" or "lane" means a public or private right-of-way, not more than 20 feet wide, affording only secondary means of access to abutting property. (Ord. 84-1 §2-9; Ord. 25-01, 2/18/2025)

"Archaeological resources" means material remains of past human life and activities. Examples of material remains are fossil relics, artifacts and monuments. (Ord. 84-1 §2-10; Ord. 25-01, 2/18/2025)

"Major automobile repair" means general repair, rebuilding or reconditioning of engines, motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; overall painting or paint shop; or three or more employees. (Ord. 84-1 §2-11; Ord. 88-3 §1; Ord. 25-01, 2/18/2025)

"Minor automobile repair" means upholstering and motor tune-up service limited to changing or supplementing of vehicle fluids and the adjustment of mechanical components to passenger cars and trucks not exceeding one and one-half (1-1/2) tons capacity, but not including any operation named under "automobile repair, major," or any other repair similar thereto; or a maximum of two employees.

(Ord. 84-1 §2-12; Ord. 88-3 §1; Ord. 25-01, 2/18/2025)

"Automobile or trailer sales area" means an open area, other than a street, used for display, sale or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done.

(Ord. 84-1 §2-13; Ord. 25-01, 2/18/2025)

"Automobile service station" means a place where gasoline, kerosene or any other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles, including greasing and oiling on the premises. Repair service shall be incidental and no storage or parking space shall be offered for rent. (Ord. 84-1 §2-14; Ord. 25-01, 2/18/2025)

"Automobile wrecking" means the dismantling or disassembling of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles for their parts.

(Ord. 84-1 §2-15; Ord. 25-01, 2/18/2025)

"Bakery" means a retail sales facility which offers bakery products for sale to the public and which, as an accessory use, may include the preparation of products normally sold in bakeries for sale on the premises. This use shall not permit the preparation of bakery products for sale at other locations, drive-in sales facilities or facilities that permit consumption of food on the premises. (Ord. 84-1 §2-16; Ord. 25-01, 2/18/2025)

"Beginning of construction" means the incorporation of labor and material within the foundation of the building or buildings.

(Ord. 84-1 §2-17; Ord. 25-01, 2/18/2025)

"Biological survey and habitat protection plan" means a field survey conducted by a qualified biologist or agency hired by the applicant and subsequent protection plan for any development proposed within a resource management zone district, a habitat preserve, or for dune relocation/restoration areas as specified in the Local Coastal Land Use Plan. (Ord. 84-1 §2-18; Ord. 25-01, 2/18/2025)

"Boardinghouse" or "lodging house" means a dwelling or part thereof where meals and/or lodging are provided, for compensation, for five or more persons not transients. (Ord. 84-1 §2-19; Ord. 25-01, 2/18/2025)

"Buffer" means an area of land separating two distinct land uses, such as residential and industrial or residential and commercial, which acts to soften or reduce the effect of one land use on another. For instance, landscaping is sometimes used to buffer or reduce the effects of a commercial area on nearby residential units.

(Ord. 84-1 §2-20; Ord. 25-01, 2/18/2025)

"Building" means any structure having a roof supported by columns or walls. (Ord. 84-1 §2-21; Ord. 25-01, 2/18/2025)

"Height of building" means the vertical distance from the average contact ground level at the front wall of the building to the highest point of the building, excluding chimneys and other building accessories.

(Ord. 84-1 §2-22; Ord. 25-01, 2/18/2025)

"Main building" means a building in which is conducted the principal use of the site on which it is situated. In any residential district, any dwelling shall be deemed to be a main building on the building site upon which the same is located. (Ord. 84-1 §2-23; Ord. 25-01, 2/18/2025)

"Carport" means a covered structure used as a private garage and open on portions of at least two sides, one of which shall be for vehicle entry. All exposed internal carport wall or panel surfaces shall be finished. Any structure used, or designed for use, for the storage or shelter of motor vehicles, and not falling under this definition, shall be considered to be a garage and shall be equipped with a garage door.

(Ord. 84-1 §2-24; Ord. 25-01, 2/18/2025)

"City Council" or "Council" means the Council of the City of Sand City, California. (Ord. 84-1 §2-25; Ord. 25-01, 2/18/2025)

"Cluster development" means a method of development in which many dwelling units are placed close together or attached, usually for the purpose of retaining another area in open space. Many condominium and townhouse developments utilize this method when they are adjacent to a natural area to be retained, or when they wish to create a focal point (such as a swimming pool or community complex).

(Ord. 84-1 §2-26; Ord. 25-01, 2/18/2025)

"Coastal bluff" means a natural high bank or bold headland with a broad precipice, almost perpendicular, sometimes rounded cliff face overlooking the ocean, subject to coastal erosion processes. Vertical relief must be 10 feet or more in height. (Ord. 84-1 §2-27; Ord. 25-01, 2/18/2025)

"Coastal-dependent development or use" means any development or use which requires a site on, or adjacent to, the sea to be able to function at all.

(Ord. 84-1 §2-28; Ord. 25-01, 2/18/2025)

"Coastal 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 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. (Ord. 84-1 §2-29; Ord. 25-01, 2/18/2025)

"Coastal development permit" means a permit for any development within the coastal zone. (Ord. 84-1 §2-30; Ord. 25-01, 2/18/2025)

"Coastal emergency" means a sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property or essential public services. (Ord. 84-1 §2-31; Ord. 25-01, 2/18/2025)

"Coastal zone" means an area within the jurisdiction of the California Coastal Act. The zone includes all of Sand City west of Highway 1, a strip of land 200 feet wide east of Highway 1, Southern Pacific Railroad's right-of-way and 100 feet west of the right-of-way. (Ord. 84-1 §2-32; Ord. 25-01, 2/18/2025)

"Coastal zone structure" means a building or other facility including but not limited to any road, retaining wall, pipe, flume, conduit, siphon, aqueduct, telephone line, electrical power transmission or distribution line.

(Ord. 84-1 §2-33; Ord. 25-01, 2/18/2025)

Combination zones are zones which are superimposed over other zones and which either add further requirements or replace certain requirements of the underlying zone. (Ord. 84-1 §2-34; Ord. 25-01, 2/18/2025)

"Communications equipment building" means a building housing electrical and mechanical communication equipment and the administrative staff necessary for the conduct of a public communications business and open only to personnel necessary for the operation and maintenance of such equipment and administrative functions.

(Ord. 84-1 §2-35; Ord. 25-01, 2/18/2025)

"Residential care facility, small" means a facility providing non-medical care and supervision to six or fewer individuals in need of personal services, supervision, protection or assistance essential for sustaining the activities of daily living. This classification includes only those facilities licensed for residential care by the State of California. These types of facilities are subject to the same regulations as applied to single-family residential dwellings in the same zone. (Ord. 25-01, 2/18/2025)

"Residential care facility, large" means a facility providing non-medical care and supervision to seven or more individuals in need of personal services, supervision, protection or assistance. This classification includes hospices, group homes, sober living homes, and similar establishments, not subject to licensing. These types of facilities are permitted in all zones allowing residential uses. (Ord. 25-01, 2/18/2025)

"Conditional use" means any use authorized only by a conditional use permit, as provided in this title.

(Ord. 84-1 §2-36; Ord. 25-01, 2/18/2025)

"Court" means an open, unoccupied and unobstructed space, other than a yard, on the same lot with a building or group of buildings. (Ord. 84-1 §2-37; Ord. 25-01, 2/18/2025)

"Creamery" means a retail sales facility which offers dairy products in bulk for sale to the public and which, as an accessory use, may include the making of ice cream for sale on the premises. This use shall not include drive-in sales facilities, the preparation of ice cream for sale at other locations, facilities that process or package dairy products other than ice cream, or facilities that permit consumption of food on the premises. (Ord. 84-1 §2-38; Ord. 25-01, 2/18/2025)

"Department store" means a store or group of shops under unified management, selling a variety of merchandise, normally including clothing, appliances, hardware, furniture, etc. (Ord. 84-1 §2-39; Ord. 25-01, 2/18/2025)

"Design storm wave run-up" means the run-up distance expected above the mean high water mark based on the design wave conditions, combining local winds and open ocean storms. The design wave shall be based on significant wave heights, which are the average of the highest 1/3 wave heights characteristic of the area.

(Ord. 84-1 §2-40; Ord. 25-01, 2/18/2025)

"Distance between residential structures" means the shortest horizontal distance measured between the vertical walls of two residential structures, as defined in this chapter, perpendicular to an axis, midway between such walls. Regulations which limit the minimum permitted distance between structures apply only to buildings or structures that are located on a single lot or premises. (Ord. 84-1 §2-41; Ord. 25-01, 2/18/2025)

"District" means a portion of the territory of the City within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this title. Where certain uses are required to be a specified distance from "any R district," district shall include any portion thereof designated for future residential uses in the general plan. (Ord. 84-1 §2-42; Ord. 25-01, 2/18/2025)

A drive-in restaurant or refreshment stand is any facility where food or beverages are consumed upon the premises other than in a building or other enclosed area and where self-service by customers is permitted. A sidewalk cafe is any facility where food or beverages are consumed upon the premises other than in a building or other enclosed structure, but where table service is offered and no self-service by customers is permitted. (Ord. 84-1 §2-43; Ord. 25-01, 2/18/2025)

"Dwelling" means any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, but not including a tent, cabin, trailer or mobile home.

1. "Single-family dwelling" means a building designed for or used exclusively for residence purposes by one family.

2. "Two-family dwelling" or "duplex" means a building designed for or used exclusively for residence purposes by two families.

3. "Multiple dwelling" means a building or portion thereof designed for or used exclusively for residence purposes by three or more families.

• (Ord. 84-1 §2-44; Ord. 25-01, 2/18/2025)

"Dwelling group" means a group of two or more detached single, duplex or multiple dwellings, located on a parcel of land in one ownership. (Ord. 84-1 §2-46; Ord. 25-01, 2/18/2025)

"Dwelling unit" means one room, or a suite of two or more rooms, designed for or used by one family for living and sleeping purposes and having only one kitchen or kitchenette. (Ord. 84-1 §2-45; Ord. 25-01, 2/18/2025)

"Employee housing" shall have the same meaning as defined by California Health and Safety Code Section 17008 . For the purpose of all local ordinances, employee housing shall not be included within the definition of a boarding house, rooming house, hotel, dormitory, or other similar term that implies that the employee housing is a business run for profit or differs in any other way from a family dwelling. No conditional use permit, zoning variance, or other zoning clearance shall be required of employee housing that serves six or fewer employees that is not required of a family dwelling of the same type in the same zone. Use of a family dwelling for purposes of employee housing serving six or fewer persons shall not constitute a change of occupancy for purposes of Part 1.5 (commencing with California Health and Safety Code Section 17910 ) or local building codes. (Ord. 16-05 §2; Ord. 25-01, 2/18/2025)

"Environmentally sensitive habitat area" means any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could easily be disturbed or degraded by human activities and developments. (Ord. 84-1 §2-47; Ord. 25-01, 2/18/2025)

"Essential services" means the erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings.

(Ord. 84-1 §2-48; Ord. 25-01, 2/18/2025)

"Extreme value retail use" means and refers to a retail store offering more than 70% of a diversified inventory for $10 or less. (Ord. 10-01 §2; Ord. 25-01, 2/18/2025)

"Family" means one or more persons occupying a premise, and living as a single nonprofit housekeeping unit, as distinguished from a group occupying a boardinghouse, lodging house, motel or hotel, fraternity or sorority house. (Ord. 84-1 §2-49; Ord. 25-01, 2/18/2025)

"Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors. (Ord. 84-1 §2-50; Ord. 25-01, 2/18/2025)

"Fence" or "wall" means a vertical barrier which supports no load other than its own weight and which is designed to delimit an area or limit access or visibility into such area. (Ord. 84-1 §2-51; Ord. 25-01, 2/18/2025)

"Private garage" means a detached accessory building or a portion of the principal building used only for the storage of passenger vehicles or trailers by the families resident upon the premises. (Ord. 84-1 §2-52; Ord. 25-01, 2/18/2025)

"Public garage" means a structure or portion thereof, other than a private garage, used for the storage, sale, care, repair or refinishing of self-propelled vehicles or trailers. (Ord. 84-1 §2-53; Ord. 25-01, 2/18/2025)

"General plan" means the general plan for the City as adopted by the Council, and as amended from time to time.

(Ord. 84-1 §2-54; Ord. 25-01, 2/18/2025)

"Hedge" means any plant, trees or shrubs planted in a continuous line to form a dense thicket or barrier.

(Ord. 84-1 §2-55; Ord. 25-01, 2/18/2025)

"Emergency shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay (Government Code Section 65582 subdivision (g) and Health and Safety Code, Section 50801 subdivision (e). Emergency shelters

shall include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care. (Ord. 16-05 §1; Ord. 25-01, 2/18/2025)

"Home occupation" means any use conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is residential in nature, is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof or adversely affect the uses permitted in the residential district of which it is a part. Such use shall not create additional traffic, require additional parking space, involve employment of persons other than domestic help, involve the use of mechanical equipment other than that necessary for normal domestic purposes, or involve the indoor or outdoor storage of materials, equipment or supplies other than that necessary for normal domestic purposes. Clinics, barbershops, cosmetology establishments, business and professional offices and retail or wholesale dealerships involving the storing of more than 50 pounds of merchandise on the premises shall not be deemed to be home occupations. (Ord. 84-1 §2-56; Ord. 25-01, 2/18/2025)

"Housing development project" has the same meaning as defined in paragraph (3) of subdivision (b) of Government Code Section 65905.5 . (Ord. 25-01, 2/18/2025)

"Household pets" means any domestic animal normally owned or kept as a pet, including cats, dogs, rabbits, ducks, hens, raccoons, parrots, pigeons and other animals deemed by the Council to be appropriate as domestic pets; provided such animals are confined to the limits of the residential property occupied by the owner of such pets. Household pets shall not include any animals or birds maintained for commercial purposes, whether or not such animal or bird may be appropriate as a domestic pet.

(Ord. 84-1 §2-57; Ord. 25-01, 2/18/2025)

"Kennel" means any premises where five or more dogs, 10 weeks in age or older, are kept. (Ord. 84-1 §2-58; Ord. 25-01, 2/18/2025)

"Laundry and dry cleaning pickup station" means a retail personal service facility not including dry cleaning or laundry operations on the premises; provided, however, that launderettes and selfservice dry cleaning facilities containing equipment used solely by customers, and approved by proper authority for use solely by customers, shall be included in this definition. (Ord. 84-1 §2-59; Ord. 25-01, 2/18/2025)

"Laundry, dry cleaning and dyeing plant" means a heavy commercial facility which includes laundering, dry cleaning or dyeing, or all of such operations, on a major scale and to which customer pickup and delivery on the premises is an accessory use subordinate to the laundering, dry cleaning or dyeing operation.

(Ord. 84-1 §2-61; Ord. 25-01, 2/18/2025)

"Laundry, dry cleaning or dyeing establishment" means a retail service facility which may include laundering, dry cleaning and/or dyeing of goods received at and picked up at such location by customers. This use shall not include major plants for the uses mentioned, or facilities in which a major portion of receipt and delivery of such goods is not through personal contact with customers. (Ord. 84-1 §2-60; Ord. 25-01, 2/18/2025)

"Local Coastal Implementation Plan" means that report, adopted by the City Council and certified by the State Coastal Commission, which describes the various administrative and legal procedures, ordinances, regulations and other actions to be pursued to carry out the Local Coastal Land Use Plan.

(Ord. 84-1 §2-62; Ord. 25-01, 2/18/2025)

"Local Coastal Land Use Plan" means that report, adopted by the City Council and certified by the State Coastal Commission, which, in response to the Coastal Act of 1976 becomes part of the City's general plan and contains maps, public access component policies and other resource and land use policies and guidelines for the City's coastal zone. (Ord. 84-1 §2-63; Ord. 25-01, 2/18/2025)

"Local Coastal Program" means a local government's (a) land use plans, (b) zoning ordinances, (c) zoning district maps, and (d) other implementing actions, which, when taken together, meet the requirements of, and implement the provisions and policies of, the Coastal Act at the local level. The abbreviation for the Local Coastal Program is LCP. (Ord. 84-1 §2-64; Ord. 25-01, 2/18/2025)

"Lot" means a piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings, or utilized for a principal use and uses accessory thereto, together with such open spaces as required by this title, and having frontage on or access to an improved and accepted public street. (Ord. 84-1 §2-65; Ord. 25-01, 2/18/2025)

"Lot area" means the computed area contained within the lot lines.

(Ord. 84-1 §2-65(f); Ord. 25-01, 2/18/2025)

"Corner lot" means a lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135 degrees. The point of intersection of the street right-of-way lines or the extension of such lines to a point, is the "corner."

(Ord. 84-1 §2-65(a); Ord. 25-01, 2/18/2025)

"Lot depth" means the mean horizontal distance between the front and rear lot lines. (Ord. 84-1 §2-65(c); Ord. 25-01, 2/18/2025)

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

(Ord. 84-1 §2-65(b); Ord. 25-01, 2/18/2025)

"Lot lines" means the property lines bounding a lot as follows:

1. "Exterior lot line" means any lot line separating a lot from a street to which that lot has legal access.

2. "Front lot line" means the shortest exterior lot line on any lot.

3. "Side street lot line" means any exterior lot line other than the front lot line (corner lot).

4. "Interior lot line" means any lot line not an exterior lot line.

5. "Rear lot line" means the interior lot line opposite and most distant from the front lot line.

6. "Side lot line" means any interior lot line other than the rear lot line.

7. "Alley lot line" means any lot line separating a lot from an alley.

(Ord. 84-1 §2-65(d); Ord. 25-01, 2/18/2025)

"Lot width" means the mean width of the lot measured at right angles to its depth. (Ord. 84-1 §2-65(e); Ord. 25-01, 2/18/2025)

"Low barrier navigation center" means a Housing First, low barrier, temporary, service-enriched shelter focused on helping homeless individuals and families to quickly obtain permanent housing. Low barrier includes best practices to reduce barriers to entry, such as allowing partners, pets, storage of personal items, and privacy (Government Code Section 65662 ). This type of facility shall

be permitted as a use by-right in zones where mixed uses are permitted, including nonresidential zones permitting multifamily uses. (Ord. 25-01, 2/18/2025)

"Lower income households" has the same meaning as defined in Section 50079.5 of the Health and Safety Code.

(Ord. 25-01, 2/18/2025)

"Major energy facility" means, within the coastal zone, any public or private processing, producing, generating, storing, transmitting or receiving facility for electricity, natural gas, petroleum, coal or other source of energy for which the estimated construction costs exceed $25,000. (Ord. 84-1 §2-66; Ord. 25-01, 2/18/2025)

"Major public works facility" means, in the coastal zone, any public works project located within an area for which coastal development permits are appealable, and that cost more than $25,000, except where service by a public agency is required to protect life and public property from imminent danger, or to restore, repair or maintain public works, utilities or services destroyed, damaged, or interrupted by natural disaster or serious accident. (Ord. 84-1 §2-67; Ord. 25-01, 2/18/2025)

"Mobile home" includes "Manufactured home" as both are defined in California Health and Safety Code sections 18007 , 18008 , as may be amended. (Ord. 84-1 §2-68; Ord. 25-01, 2/18/2025)

"Motel" or "motor hotel" means a building or group of buildings comprising individual sleeping or living units for the accommodation of transient guests. (Ord. 84-1 §2-69; Ord. 25-01, 2/18/2025)

"Nonconforming use" means a building, structure or premises legally existing and/or used at the time of adoption of the ordinance codified in this title or any amendment thereto, which such building, structure or premises is not in full conformity with the use regulations of the district in which same is located; provided, however, that a use shall not be considered a nonconforming use solely on the basis of an inadequate number of parking spaces. (Ord. 84-1 §2-70; Ord. 25-01, 2/18/2025)

"Odd-lot/close-out retail use" means and refers to a retail store offering the preponderance of its products at a price which is marked down more than 40% from normal retail price because the goods are irregular, or as a result of manufacturing over-production, an overflow of product shipments or manufacturers' close-outs.

(Ord. 10-01 §2; Ord. 25-01, 2/18/2025)

"Administrative and executive offices" means those offices, organizationally part of a larger operation, which are engaged in general administration, supervision, purchasing, accounting or other management functions.

(Ord. 84-1 §2-71; Ord. 25-01, 2/18/2025)

"Business office" means a place of business providing a service of general administration, including, and of the same general character as a real estate and insurance agency, accounting firm, business consultant, stenographic service, but not including wholesale or retail activities involving stock-in-trade on the premises.

(Ord. 84-1 §2-72; Ord. 25-01, 2/18/2025)

"Medical office" means an office where medical and health services are provided to individuals by physicians, surgeons, dentists, psychologists, psychiatrists, optometrists, chiropractors, licensed physical therapists and persons practicing related professions, but not including medical and dental laboratories and clinics.

(Ord. 84-1 §2-73; Ord. 25-01, 2/18/2025)

"Professional office" means an office which deals primarily in professional services such as surveying, engineering, architecture, planning and law, but not including medical offices. (Ord. 84-1 §2-74; Ord. 25-01, 2/18/2025)

"Private parking area" means an open area for the same uses as a private garage. (Ord. 84-1 §2-75; Ord. 25-01, 2/18/2025)

"Public parking area" means an open area, other than a street or other public way, used for the parking of automobiles and available to the public whether for a fee, free or as an accommodation for clients or customers.

(Ord. 84-1 §2-76; Ord. 25-01, 2/18/2025)

"Parking space" means a permanently surfaced area for the parking of a motor vehicle. Such space shall not measure less than eight and one-half (8-1/2) feet by 19 feet and shall contain not less than one hundred sixty-one and one-half (161-1/2) square feet, excluding paved area necessary for access and maneuvering. A compact space is eight and one-half (8-1/2) feet by 16 feet. (Ord. 84-1 §2-77; Ord. 25-01, 2/18/2025)

"Parking layout" means the area required to maneuver and provide access to and from any parking space, driveway and aisle.

(Ord. 84-1 §2-78; Ord. 25-01, 2/18/2025)

"Performance standards" means regulations for the control of "dangerous or objectionable elements."

(Ord. 84-1 §2-79; Ord. 25-01, 2/18/2025)

"Persons and families of low or moderate income" has the same meaning as defined in Section 50093 of the Health and Safety Code. (Ord. 25-01, 2/18/2025)

"Pharmacy" means any facility used primarily for the purpose of compounding and dispensing medical prescriptions.

(Ord. 84-1 §2-80; Ord. 25-01, 2/18/2025)

"Planned unit development" means a form of development usually characterized by a unified site design for a number of housing units, clustering buildings and providing common open space, density increases and a mix of building types and land uses. (Ord. 84-1 §2-81; Ord. 25-01, 2/18/2025)

"Premises" refers to any lot or parcel or any group of lots or parcels and all improvements thereon which are generally, but not necessarily, under single ownership. The term is inclusive rather than exclusive and shall be interpreted broadly. (Ord. 84-1 §2-82; Ord. 25-01, 2/18/2025)

"Protected units" means any of the following:

1. Residential dwelling units that are or were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income within the past five years.

2. Residential dwelling units that are or were subject to any form of rent or price control through a public entity's valid exercise of its police power within the past five years.

3. Residential dwelling units that are or were rented by lower or very low-income households within the past five years.

4. Residential dwelling units that were withdrawn from rent or lease in accordance with Chapter 12.75 (commencing with Government Code Section 7060 ) of Division 7 of Title 1 within the past 10 years.

• (Ord. 25-01, 2/18/2025)

"Public uses" and "quasi-public uses" means those uses open to the general public which are maintained and supported by public or nonprofit agencies or organizations, communications equipment buildings, and other public utility facilities which are necessary to provide service to the area. Included in this category are uses of a recreational, educational, religious or cultural nature and facilities for public services such as police, fire and library. (Ord. 84-1 §2-83; Ord. 25-01, 2/18/2025)

"Qualified buyer" means persons and families of low or moderate income, as that term is defined in Section 50093 of the Health and Safety Code. (Ord. 25-01, 2/18/2025)

"Qualified nonprofit corporation" means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program. (Ord. 25-01, 2/18/2025)

"Commercial recreation" means recreational facilities operated as a business and open to the general public for a fee. (Ord. 84-1 §2-84; Ord. 25-01, 2/18/2025)

"Private noncommercial recreation" means clubs or recreational facilities, operated by a nonprofit organization and open only to bona fide members of such nonprofit organization, whether or not a fee is charged.

(Ord. 84-1 §2-85; Ord. 25-01, 2/18/2025)

"Public right-of-way" means any parcel of land which has been dedicated to, sold to, condemned by or otherwise transferred to and accepted by the City for the purpose of providing either present or future unrestricted public access to any lot, parcel or premises. A public right-of-way is any right-ofway for which the City assumes responsibility for maintenance, whether or not such right-of-way is improved to the standards of the City. In accepting a public right-of-way, the City accepts no responsibility for improving such right-of-way to a greater standard than that which prevailed at the time of such acceptance.

(Ord. 84-1 §2-86; Ord. 25-01, 2/18/2025)

"Private right-of-way" means any parcel of land the right-of-way of which has been transferred by the owner thereof to any other party, and which right-of-way is controlled by a private agreement between the grantor and grantee. A private right-of-way may or may not be recorded with the recorder of Monterey County.

(Ord. 84-1 §2-87; Ord. 25-01, 2/18/2025)

"Row house" means a single-family attached or semi-attached dwelling unit located on a separate parcel of land in one ownership. (Ord. 84-1 §2-88; Ord. 25-01, 2/18/2025)

"Salvage or wrecking yard" means a place where waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, stored or handled, including auto wrecking yards, house-wrecking yards, used lumber yards and places or yards for storage of salvaged materials and equipment; but not including such places where such uses are conducted entirely within a completely enclosed building. The sale of used cars in operable condition, or the use of salvage materials incidental to manufacturing operations. (Ord. 84-1 §2-89; Ord. 25-01, 2/18/2025)

A "screen fence" or "screen hedge" is a fence or hedge which restricts visibility by 75% or more. Visibility restriction is 75% or more when the ratio of opaque areas to open areas is three to one or higher. A planting of five gallon shrubs or trees of a size or species that will, within four years, restrict visibility by 75% or more to the required height, shall be allowed as a screen hedge. (Ord. 84-1 §2-90; Ord. 25-01, 2/18/2025)

"Service commercial" uses means those uses and businesses that are establishments primarily engaged in rendering services on a fee or contract basis for all phases of building construction and maintenance; or that render services to other businesses such as advertising, employment services, management and consulting services, and protective services.

(Ord. 02-03; Ord. 25-01, 2/18/2025)

"Setback" means the minimum allowable horizontal distance from a given point or line of reference such as a street right-of-way to the nearest vertical wall or other element of a building or structure as defined in this chapter.

(Ord. 84-1 §2-91; Ord. 25-01, 2/18/2025)

"Sign" means any advertising display or structure. (Ord. 84-1 §2-92; Ord. 25-01, 2/18/2025)

"Single price retail use" and "price point retail use" means and refers to a retail store that sells merchandise with a preponderance of single pricing for all items in the store. Merchandise may be, but is not limited to, generic or private label products specially manufactured for such stores, products manufactured cheaply for a foreign market and imported, products purchased from another retailer or distributor as overstock, closeout or seasonal merchandise at the end of the season, and promotional goods manufactured to coincide with an event that has since past. (Ord. 10-01 §2; Ord. 25-01, 2/18/2025)

"Story" means that portion of a building included between the surface of any floor and the surface of the floor next above it, or, if there be no floor above it, then the space between any floor and the ceiling next above it.

(Ord. 84-1 §2-93; Ord. 25-01, 2/18/2025)

"Street" means an improved public right-of-way more than 20 feet in width which provides a public means of access to abutting property. The term "street" shall include avenue, drive, circle, road, parkway, boulevard, highway, thoroughfare or any other similar term. (Ord. 84-1 §2-94; Ord. 25-01, 2/18/2025)

"Structure" means anything constructed, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground. (Ord. 84-1 §2-95; Ord. 25-01, 2/18/2025)

"Structural alteration" means any change in the structural members of a building, such as walls, columns, beams or girders.

(Ord. 84-1 §2-96; Ord. 25-01, 2/18/2025)

"Public utility substation" means a station where electric power is transformed to a distribution voltage level or where water is pumped into a local or neighborhood distribution system. (Ord. 84-1 §2-97; Ord. 25-01, 2/18/2025)

"Supportive housing" means housing with no limit on length of stay, that is occupied by the target population, that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community; consistent with Health and Safety Code 50675.14. (Ord. 16-05 §3; Ord. 25-01, 2/18/2025)

"Trailer" (including camp trailer) means any vehicle constructed in such a manner as to permit temporary occupancy thereof as sleeping quarters (i.e., camp trailer) or the conduct of any business, trade or occupation, or use as a selling or advertising device, or use for storage or conveyance for tools, equipment or machinery, and so designed that it is mounted on wheels and may be used as a conveyance on highways and streets, propelled or drawn by other motive power. Camp trailers are considered structures for the purposes of this title when they are parked in a trailer camp or park. (Ord. 84-1 §2-98; Ord. 25-01, 2/18/2025)

"Trailer camp," "trailer park" or "mobile home park" means any lot or part thereof, or any parcel of land, which is used or offered as a location for two or more camp trailers or mobile homes used for any of the residential purposes.

(Ord. 84-1 §2-99; Ord. 25-01, 2/18/2025)

"Transitional housing" and "transitional housing development" means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to other eligible program recipient at some predetermined future point in time, which shall be no less than six months. (Ord. 16-05 §4; Ord. 25-01, 2/18/2025)

"Unreasonable delays" are those exceeding five minutes unless there is equipment failure. (Ord. 84-1 §2-100; Ord. 25-01, 2/18/2025)

"Usable open space" means an area or a series of areas on a lot of such shape or shapes that it or they can be efficiently utilized for recreation and outdoor living. (Ord. 84-1 §2-101; Ord. 25-01, 2/18/2025)

"Very low income households" has the same meaning as defined in Section 50105 of the Health and Safety Code.

"Visitor serving residential timeshare units" means, within the coastal zone, residential units which are sold to visitors for specified periods of time throughout the year. These units are to be interval units, in which the purchaser acquires one or more intervals, an interval usually being one or two week periods. Permitted timeshare residential units shall be restricted to purchase in 31 day maximum increments and to occupancy for 31 day maximum periods. (Ord. 84-1 §2-102; Ord. 25-01, 2/18/2025)

"Water allocation" means the total annual amount of water allocated to the City by the Monterey Peninsula Water Management District as part of the peninsula water allocation system. As a result of this City water allocation and as part of the LCP, water consumption for land uses within and outside the coastal zone were projected to insure that the City will not exceed its current annual water allocation.

(Ord. 84-1 §2-103; Ord. 25-01, 2/18/2025)

"Wire mesh fencing" is fence material which derives its strength from metal strands crossing in a regular pattern. Wire mesh fencing includes, but is not limited to, those materials known as chain link, Cyclone and chicken-wire fencing, but does not include ornamental iron fencing. (Ord. 84-1 §2-104; Ord. 25-01, 2/18/2025)

"Exterior yard" means any yard adjacent to an exterior lot line. (Ord. 84-1 §2-105; Ord. 25-01, 2/18/2025)

"Front yard" means an open space extending the full width of the lot measured between the building closest to the front line and said front lot line, which open space is unoccupied and unobstructed from the ground upward except as specified elsewhere in this title and which such space provides access to the principal or formal access to the main building located on such lot. (Ord. 84-1 §2-106; Ord. 25-01, 2/18/2025)

"Interior yard" means any yard adjacent to an interior lot line. (Ord. 84-1 §2-107; Ord. 25-01, 2/18/2025)

"Rear yard" means an open space extending the full width of a lot between the building closest to the rear lot line and such rear lot line, which open space is unoccupied and unobstructed from the ground upward, except as specified elsewhere in this title.

Front Yard, Least Depth, How Measured. Such depth shall be measured at all elevations from the right-of-way line of the existing street on which the lot fronts (the front lot line); provided, however, that if the proposed location of the right-of-way line of such street as adopted by the City differs from that of the existing street, then the required front yard least depth shall be measured from the future right-of-way line of such streets as adopted.

(Ord. 84-1 §2-108; Ord. 25-01, 2/18/2025)

"Side yard" means an open space extending from the front yard to the rear yard between the building closest to the nearest side lot line and such lot line, which open space is unoccupied and unobstructed from the ground upward, except as specified elsewhere in this title.

Side Yard, Least Width, How Measured. Such width shall be measured at all elevations from the nearest side lot line and, in case the nearest side lot line is a side street lot line, from the right-of-way line of the existing street; provided, however, that if the proposed location of the right-of-way line of such street, as adopted by the City, differs from that of the existing street, then the required side yard least width shall be measured from the future right-of-way line of such street as adopted.

(Ord. 84-1 §2-109; Ord. 25-01, 2/18/2025)

"Zoning map" means the zoning map of the City, together with all amendments thereto subsequently adopted.

(Ord. 84-1 §2-110; Ord. 25-01, 2/18/2025)