Vista Municipal Code § 18.02 Purpose, Interpretation and Definitions

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18.02.446A Marijuana Deleted 18.02.446B Marijuana-Related Use Deleted

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Section 18.02.005 Purpose of Provisions

Zoning regulations for the City are adopted and established to serve the public health,

safety and general welfare and to provide the economic and social advantage resulting from an orderly use of land resources. ( Prior Code Appendix A 101)

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Section 18.02.010 Short Title

The ordinance codified in this title shall be known as the “Zoning Ordinance.”

Prior Code Appendix A 102)

Section 18.02.015 Interpretation of Provisions In interpreting and applying the provisions of this title, they shall be held to be the minimum requirement for the promotion of the public health, safety, comfort, convenience and general welfare. It is not intended by this title to interfere with or abrogate or annul any easement, covenant or other agreement between parties. When this title imposes a greater restriction upon the use of buildings or land, or upon the height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations, or by easements, covenants or agreements, the provisions of this title shall control. Prior Code Appendix A 2501) Section 18.02.020 Applicability - Effect on Earlier Provisions A. The ordinance codified in this title supersedes previous zoning ordinances of the City, and to the extent that this title is inconsistent therewith, such zoning ordinances are repealed. If any of the provisions of this title shall be determined to be not applicable to land regulated by any of such zoning ordinances, the provisions of such zoning ordinances shall continue to apply. B. Nothing in this title shall be construed as validating or legalizing any land use or building or structure conducted, constructed, erected or maintained in violation of any City ordinance, and nothing in this title shall prevent or bar the filing of a complaint or punishment of any action in violation of such zoning ordinances or bar the bringing of an action to compel the discontinuance of any use or the removal of any building or structure conducted, constructed, erected or maintained in violation of such zoning ordinances. C. Insofar as the provisions of this title impose the same regulations as imposed by such zoning ordinances, this title shall be construed as a continuation of such zoning ordinances and not as a new enactment. Prior Code Appendix A 2503) Section 18.02.025 Article and Section Headings Article and section headings contained in this title shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of any section of this title. Prior Code Appendix A 201) Section 18.02.030 Tenses

As used in this title, the present tense includes the future, and the future the present.

Prior Code Appendix A 202) Section 18.02.035 Number As used in this title, the singular number includes the plural, and the plural the singular. Prior Code Appendix. A 203)

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Section 18.02.040 Definitions and Signification of Words The following words have in this title the signification attached to them in this chapter unless otherwise apparent in the context. Prior Code Appendix A 204) Section 18.02.043 Aboveground/On-Ground Pool See definition of swimming pool. Ord. No. 96-7, Added, 05/14/96)

Section 18.02.045 Accessory Building( s) A. Residential Land- Use Zones. 1. “ Attached accessory building” shall mean a portion of the main residential building or, when permitted guest quarters, provided such area comprising the attached accessory building is: ( a) separated from the habitable spaces ( main building and/or guest quarters) by a fire rated wall; and/or has no direct access or openings to the main building; ( b) located on the same lot or building site as the main building or guest quarters; and c) used exclusively for activities or facilities that are accessory or supplemental to the primary residential land use; and (d) has a floor area that is less than fifty percent of the floor area of the main building. Accessory Building( s): unless the City Planner approves a greater floor area limit for buildings that are permitted by right within the applicable zone, are not habitable, and are consistent with the General Plan. 2. “ Detached accessory building” shall mean a non-habitable ( except guest house or quarters where permitted) building no closer than five feet to the main residential building, provided that such building: ( a) shall be located on the same lot or building site as the main building; ( b) is used exclusively for activities or facilities that are accessory or supplemental to the primary residential land use(s); and (c) has a floor area that is less than fifty percent of the floor area of the main building. Accessory Building( s): unless the City Planner approves a greater floor area limit for buildings that are permitted by right within the applicable zone, are not habitable, and are consistent with the General Plan. All detached accessory buildings in the E-1, A-1, or O- R zones are exempt from Section ( c) herein. Metal detached accessory buildings may be permitted in all residential land-use zones subject to the Zoning Administrator in accordance with the provision of Section 18.64.030. B. Commercial and Industrial Land Use Zones. 1. “ Attached accessory building” shall mean a portion of the main building separated from the main building( s) by a fire rated wall and/or with limited or no direct access or openings to the main building. Such building( s) shall be located on the same lot or building site as the main building( s), and be used exclusively for activities or facilities that are accessory, secondary or supplemental to the primary commercial or industrial land use(s) on the site. 2. “ Detached accessory building” shall mean a building no closer than five feet to the main building. Such building( s) shall be located on the same lot or building site as the main building, and be used exclusively for activities or facilities that are accessory, secondary or supplemental to the primary land use(s). C. Storage Containers. Industrial/ Commercial Storage Containers ( Maritime & Railroad standardized cargo containers), semi-trailers and similar containers are specifically excluded from this definition of “accessory buildings.” Said containers may be permitted at certain locations for specified purposes in conformance with Section 18.58.580 of this title. Prior Code Appendix A 205; Ord. No. 1993-26, Amended, 11/23/93; Ord. 2012-12, Amended, 10/9/12; Ord. No. 2017- 17, Amended, 10/24/17; Ord. No. 2020- 1, Amended, 1/14/20)

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Section 18.02.050 Accessory Living Quarters See Section 18.02.325. Guest House. Prior Code Appendix A 206; Ord. No. 93-26, Amended, 11/23/93) Section 18.02.055 Accessory Land Use(s) A. Residential Land-Use Zones. Accessory land use(s) shall mean a use or activity that is accessory, incidental or supplemental to the primary residential land use. Such uses or activities may include, but shall not be limited to: guest- quarters ( house) where permitted; the use of solar energy by the primary land use; the on-site parking/storage of passenger vehicles used on a regular basis by the resident( s) of the site; the storage of personal and residential items that are the personal property of the resident( s); or outdoor recreational and/or play apparatus for the personal use of the primary resident(s). B. Commercial or Industrial Land-Use Zones. Accessory land use(s) shall mean: a use or activity that is accessory incidental or supplemental to the primary commercial or industrial land use. Such uses or activities may include, but shall not be limited to: the use of solar energy for electrical power generation or other purposes by the primary land use(s); the on-site parking/storage of motor vehicles used on a regular basis by the primary occupants of the site; or the storage of material and equipment necessary for the operation of the primary land use(s) permitted on-site. C. An accessory use does not include any use which would constitute, produce, or result in a violation of state or local law, including those relating to cannabis. Prior Code Appendix A 207; Ord. No. 93-26, Amended, 11/23/93; Ord. No. 2007-4, Amended, 5/8/07; Measure Z, Amended, 12/11/18; Ord. No. 2019- 18, Amended, 12/10/19)

Section 18.02.057 Adult Use Cannabis Business

Adult use cannabis business” means a location where cannabis is provided to

individuals who are 21 years or older. Ord. No. 2021-6, Added 6/22/21)

Section 18.02.060 Alley

A public or private way permanently reserved as a secondary means of access to abutting

property is an “alley” to that property. Prior Code Appendix A 208)

Section 18.02.065 Amendment

Amendment” means a change in the wording, context or substance of this title, or a

change in the zone boundaries upon the zoning map, a part of the ordinance codified in this title, when adopted by ordinance passed by the City Council in the manner prescribed by law. Prior Code Appendix A 209)

Section 18.02.070 Antenna, Radio

Radio antenna” means any device attached to any pole that is utilized for the purpose of transmitting and receiving electronic radio signals. Prior Code Appendix A 209.3)

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Section 18.02.075 Antenna, Radio and Television Reception

Radio and television reception antenna” means any wire device attached on any pole

that is utilized for the purpose of only receiving radio or television signals. Prior Code Appendix A 209.4)

Section 18.02.080 Antenna, Satellite

Satellite antenna” means any antenna containing a dish element that is generally

circular and reflective and has a diameter, or its equivalent, of more than two feet, capable of transmitting or receiving signals from a transmitter, or a transmitter relay located in a planetary orbit. This may include, but is not limited to, satellite earth station, satellite receiving dish or dish antenna. Prior Code Appendix A 209.5)

Section 18.02.085 Antenna, Satellite, Height

Satellite antenna height” means the height of the antenna or dish measured vertically

from the highest point, when positioned for operation, to the lowest point, which is defined as bottom of the base at either roof or ground level. Prior Code Appendix A 209.6)

Section 18.02.090 Apartment Apartment” means a room or suite of two or more rooms in a multiple dwelling, occupied or suitable for occupancy as a residence for one family. Prior Code Appendix A 210)

Section 18.02.095 Apartment Hotel

Apartment hotel” means a building or portions thereof designed for or containing both

individual guestrooms or suites of rooms and dwelling units. Prior Code Appendix A 211)

Section 18.02.100 Apartment House

Apartment house” means a multiple dwelling.

Prior Code Appendix A 212)

Section 18.02.105 Auditorium

Auditorium” means a building or portion thereof used or designed for use by an

audience, including but not limited to, public assembly, religious services, meetings, lectures, dances, entertainment and similar uses. The largest room of a church, school or college used for the assembly of persons shall be deemed to be the auditorium. Prior Code A 213)

Section 18.02.107 Authorized Cannabis Use

Authorized cannabis use” means a cannabis use which: 1) holds a current and valid

local cannabis license, special use permit ( if required by local ordinance), and a state license for its operations, facilities and premises; and 2) operates in compliance with all applicable state laws,

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state regulations, local ordinances, local regulations, local permits and applicable licensing or permitting conditions. Ord. No. 2019-18, Added, 12/10/19)

Section 18.02.110 Automobile Service Station

Automobile service station” means a retail place of business engaged primarily in the sale and supply of motor fuels and oils and supplying goods and services essential for the operation and maintenance of motor vehicles. Prior Code Appendix A 213.1)

Section 18.02.115 Automobile Wrecking

Automobile wrecking” means the dismantling or wrecking of used motor vehicles or

trailers, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts. The presence on any lot or parcel of land of two or more motor vehicles which for a period exceeding 30 days have not been capable of operating under their own power, and from which parts have been or are to be removed for reuse or sale, shall constitute prima facie evidence of an automobile wrecking yard. Prior Code Appendix A 214) Section 18.02.120 Aviary

Aviary” means any lot, building, structure, enclosure or premises whereupon or wherein

are kept more than 25 ornamental birds or songbirds, in any combination, whether such keeping is for pleasure, profit, breeding or exhibiting, but not including poultry or birds kept for production and sale of meat and/or eggs. Prior Code Appendix A 214.1)

Section 18.02.122 Bail Bond Business

Bail bond business” means any person, organization or business engaged in any

activity which requires one or more of the following California licenses: bail agent, bail permittee, or bail solicitor. Ord. No. 2009-3, Added, 2/10/09)

Section 18.02.125 Bar and/or Cocktail Lounge Bar and/or cocktail lounge” means any premises wherein alcoholic beverages are sold at retail for consumption on the premises and minors are excluded there from by law. It shall not mean premises where such beverages are sold in conjunction with the sale of food for consumption on the premises and the sale of such beverages comprises less than 25% of the gross receipts. Prior Code Appendix A 214.2)

Section 18.02.126 Bargain Basement Store

Bargain basement store” means any for-profit or non-profit store including any

establishment, operation, or enterprise with one or more of the following characteristics: 1) a majority of the store’s merchandise is offered for sale at a price equal to or below $ 5.00; 2) merchandise priced at or below $5.00 occupies at least one-half of the store’s floor area which is devoted to retail sales; 3) used items represent a majority of the merchandise offered for sale in

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the store; or 4) used merchandise occupies at least one-half of the floor area in the store devoted to retail sales. “ Used merchandise” shall mean all forms of used items including without limitation items that were formerly used but have been repaired, refurbished, and/or repackaged. Bargain basement store excludes: 1) bona fide antique stores; 2) consignment stores; 3) stores which primarily engage in the sale of used books, periodicals, videos, or DVDs; stores specializing in the sale of highly collectible items such as used coins, stamps, baseball cards, and other similar collectibles; and 5) a store where the majority of the items sold measured by receipts or number of items sold consist of food and/or beverage items. Ord. No. 2009-3, Added, 2/10/09) Section 18.02.127 Barrier Barrier” is a fence, wall, building wall or a combination thereof, which completely surrounds the swimming pool and obstructs access to the swimming pool. Ord. No. 96-7, Added, 05/14/96) Section 18.02.130 Basement

Basement” means a story partly underground and having at least one-half of its height,

measured from its floor to its finished ceiling, above the average adjoining grade. A basement shall be counted as a story if the vertical distance from the average adjoining grade to its ceiling is over five feet. Prior Code Appendix A 215) Section 18.02.135 Block

Block” means all property fronting upon one side of a street between intersecting and

intercepting streets, or between a street and a right-of-way, waterway, terminus of dead-end street or City boundary. An intercepting street shall determine only the boundary of the block on the side of the street which it intercepts. Prior Code Appendix A 216)

Section 18.02.140 Boardinghome for the Aged For boardinghome for the aged, see “ residential care home.” Prior Code Appendix A 217.5)

Section 18.02.145 Boardinghome or Boardinghouse

Boardinghome” or “ boardinghouse” means a dwelling unit where lodging and meals

are provided for compensation for not more than 15 persons, excluding nursing and residential care homes. Prior Code Appendix A 217)

Section 18.02.150 Borrow Pit

Borrow pit” means any place or premises where dirt, soil, sand, gravel or other material

is removed by excavation or otherwise for any purpose other than that necessary and incidental to grading or to building construction or operation on the premises where such necessary and incidental removal is completed within six months. Prior Code Appendix A 218)

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Section 18.02.155 Building

Building” means a structure having a roof.

Prior Code Appendix A 219)

Section 18.02.160 Building Complex

Building complex” means a large building or cluster of buildings with a gross floor area

less than 20,000 square feet on one or more lots or building sites containing two or more commercial or industrial occupants and sharing a common parking facility ( lot). Prior Code Appendix A 219.1)

Section 18.02.165 Building Height

Building height” means the vertical distance measured from the average natural ground level of the highest and lowest portion of the building site covered by the building to the highest point of the structure, excluding roof-mounted solar energy equipment or systems. Prior Code Appendix A 220)

Section 18.02.170 Building Site

Building site” means:
A. The ground area of one lot; or
B. The ground area of two or more lots when used in combination for a building or

permitted group of buildings, together with all open spaces as required by this title. Prior Code Appendix A 221)

Section 18.02.175 Building Site Front

Building site front” means:
A. In the case of an interior lot, the side fronting the street;
B. In the case of a triangular corner lot, any frontage and all yards other than the front

yard shall be considered side yards; C. In the case of a double frontage or through lot, both street frontages; D. In all other cases, the side selected by the owner. Prior Code Appendix A 222) Section 18.02.180 Bungalow Court Bungalow court” means a group of three or more detached one story, one-family or two-family dwellings located upon a single lot, together with all open spaces required by this title. Prior Code Appendix A 223) Section 18.02.182 Bus Bench Bus bench means a seat located upon public or private property designed or used for the accommodation of passers- by or persons awaiting transportation. Ord. No. 93-15, Added, 05/25/93) Section 18.02.185 Cabana Cabana” means any portable, demountable or permanent cabin, small house, room,

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enclosure or other building or structure erected, constructed or placed on any trailer site within six feet of any trailer coach on the same site in a trailer park and used for human habitation. Cabana does not include awning or a private toilet and bath constructed in accordance with the provisions of this title and other City ordinances. Prior Code Appendix A 224) Section 18.02.186 Cannabis Cannabis” means all parts of the Cannabis plant whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, irrespective of its form. The term " cannabis" includes all physical products, compounds, elements, and materials within the definition of " Cannabis" found in Section 19300. 5 of the California Health and Safety Code, subject to the exclusions set forth therein. Ord. No. 2019-18, Added, 12/10/19) Section 18.02.188 Cannabis Use

Cannabis use” means any primary or accessory use of a building, structure, facility,

premise, land or location involving any one or more of the following: the provision, conveyance, distribution, delivery, dispatch, cultivation, sale (whether wholesale or retail), storage, laboratory testing, labeling, processing, preparation, or manufacture of marijuana or other commercial cannabis activity. Ord. No. 2019-18, Added, 12/10/19)

Section 18.02.190 Cat

Cat” means a feline of either sex, altered or unaltered that has reached the age of four

months. Prior Code Appendix A 224.2)

Section 18.02.195 Cemetery

Cemetery” means land used or intended to be used for the burial of the dead and

dedicated for cemetery purposes. Cemeteries include columbariums, mausoleums or mortuaries, when operated in conjunction with and within the boundary of such cemetery. Crematoriums are not included within the definition of a cemetery. Prior Code Appendix A 225; Ord. No. 97-5, Amended, 3/25/97) Section 18.02.197 Check Casher Check casher” means any “ check casher” as that term is defined in Section 1789.31 of the California Civil Code or any successor statute. Ord. No. 2009-3, Added, 2/10/09)

Section 18.02.200 Church Church” means a place of religious worship or other related religious activity, excluding rescue missions and temporary revival churches. Prior Code Appendix A 225.5)

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Section 18.02.205 Club Club” means an association of persons for some common nonprofit purpose, but not including groups organized primarily to render a service which is customarily carried on as a business. Prior Code Appendix A 226)

Section 18.02.210 College College” means a college, junior college or university supported by public funds, or a private college, junior college or university which gives comparable general academic instruction and degrees. Prior Code Appendix A 227) Section 18.02.215 Commercial Coach Commercial coach” means a vehicle, with or without motive power, designed and equipped for human occupancy for industrial, professional or commercial purposes, and shall include a trailer coach. Prior Code Appendix A 227.5) Section 18.02.220 Commission Commission” means the City Planning Commission. Prior Code Appendix A 228) Section 18.02.225 Community Shopping Center Community shopping center” means a large building or cluster of buildings on one or more lots or building sites containing a mixture of retail commercial activities ( usually containing a “junior” department store, major food market and a large variety or drugstore), with a gross floor area of 100,000 square feet or more. Prior Code Appendix A 228.1) Section 18.02.230 Convalescent Home For convalescent home, see “residential care home.” Prior Code Appendix A 227.2)

Section 18.02.235 Convenience Market Convenience market” means any retail grocery store ( food market). Such market may also dispense automotive fuels as an ancillary use. Prior Code Appendix A 228.5) Section 18.02.240 County County” means the County of San Diego, State of California. Prior Code Appendix A 229) Section 18.02.245 Court Court” means any portion of the interior of a lot or building site other than required front, side or rear yards which is wholly or partially surrounded by buildings. Prior Code Appendix A 230)

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Section 18.02.246 Cultivation, Cultivates

Cultivation” or “ cultivates” means any activity, whether indoors or outdoors, involving

the planting (whether in soil or by other means), growing, tending, watering, curing, grading, drying, trimming, clipping or processing of any kind or size of marijuana plants, or any part thereof. Ord. No. 2016-7, Added, 6/10/16)

Section 18.02.247 Day Spa Day spa” means a business establishment which people visit specifically for professionally administered personal care treatments, such as massages and facials, similar to a beauty salon in that it is only visited for the duration of the treatment. Any massage therapist operating within a day spa shall be licensed and permitted in accordance with Chapter 5.56 Massage Establishments and Massage Therapists) of the Vista Municipal Code. Ord. No. 2009-3, Added, 2/10/09)

Section 18.02.250 Director Director” means the Director of Planning of the City or his duly authorized agent. Prior Code Appendix A 231) Section 18.02.255 Dog Dog” means a canine of either sex, altered or unaltered, that has reached the age of four months. Prior Code Appendix A 231.1) Section 18.02.260 Drive-In Facility Drive-in facility” means any portion of a building or structure from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transactions. Prior Code Appendix A 231.2) Section 18.02.265 Dump Dump” means an area devoted to the disposal of refuse, including incineration, reduction or dumping of ashes, garbage, combustible or noncombustible garbage or refuse, offal or dead animals. Prior Code Appendix A 232) Section 18.02.270 Dwelling Dwelling” means a building or portion thereof used exclusively for residential purposes, including one-family, two-family and multiple dwellings, but shall not include hotels, boardinghouses and lodginghouses. Prior Code Appendix A 233) Section 18.02.275 Dwelling, Multiple Multiple dwelling” means a building or portion thereof, or buildings used for occupancy by three or more families, including necessary servants and employees of each such families, living independently of each other, and containing three or more dwelling units. Multiple dwelling shall include apartment houses, bungalow courts, and group houses. Prior Code Appendix A 237)

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Section 18.02.280 Dwelling, One-Family One-family dwelling” means a detached building or qualifying manufactured home, set on permanent foundation and provided such housing unit is architecturally compatible with other housing units in the surrounding neighborhood as well as used exclusively for occupancy by one family, including necessary domestic employees of such family, and containing one dwelling unit. Prior Code Appendix A 235; Ord. No. 2012-5, Amended, 3/27/12) Section 18.02.285 Dwelling, Two-family

Two-family dwelling” means a building used exclusively for occupancy by two families,

including necessary servants and employees of each such families, living independently of each other and containing two dwelling units. Prior Code Appendix A 236)

Section 18.02.290 Dwelling Unit Dwelling unit” means one or more rooms in a dwelling or multiple dwelling or apartment hotel used for occupancy by one family, including necessary servants and employees of such family, for living or sleeping purposes, and having only one kitchen. Prior Code Appendix A 234) Section 18.02.292 Employee Housing Employee housing” means housing for six or fewer employees in accordance with the California Employee Housing Act set forth in California Health and Safety Code sections 17000 et seq. Ord. No. 2015-19, Added, 9/22/15) Section 18.02.293 Emergency Shelter 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. Ord. No. 2012-5, Added, 3/27/12) Section 18.02.294 Expressly Listed Use Expressly Listed Use” means a use which is expressly included in a written list of uses permitted within a zoning classification based on the text of an ordinance or specific plan enacted by the Vista City Council. Expressly listed uses can include uses that are permitted within a zoning classification upon issuance of a permit such as a minor use permit or special use permit.” Ord. No. 2015-20, Added, 11/10/15)

Section 18.02.295 Family Family” means a group of people who constitute a bona fide single housekeeping unit. Residents and operators of a residential care facility serving six or fewer persons shall be considered a family for purposes of any zoning regulation relating to residential use of such facility. Prior Code Appendix A 238; Ord. No. 2012-5, Amended, 3/27/12)

Section 18.02.296 Farm Employee Housing Farm employee housing" means housing, as defined under California Health and Safety

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Code Section 17021. 6, which does not exceed 12 units and does not provide more than 36 beds. Ord. No. 2015-19, Added, 9/22/15) Section 18.02.300 Fences A. Fence, Open. “ Open fence” means a fence, including any gates in the fence, which permits direct vision through at least 90% of any one square foot segment of vertical fence surface area; e.g., chain link or woven wire fence without slats. B. Fence, Protective. “ Protective fence” means a substantially built fence, including any gates in the fence, not less than five feet in height, above grade, which may be required as an enclosure for an attractive nuisance or other potential hazard to children. Such a fence may be either solid, as defined in this section, or of other substantial construction consisting of vertical structural members with clear openings between each, not exceeding four inches, and with horizontal rails or supporting members no closer together than three feet. Chain link or woven wire fencing materials, with or without slats, may also be utilized, provided they meet other requirements contained herein. Gates in such a fence shall be self-closing and self-latching with a latch and lock not less than four and one-half feet above grade. In no case shall a fence of this classification include design features that would facilitate its ascent or permit the passage of a child’s body as may be determined by the building official. C. Fence, Safety. “ Safety fence” means a solid and substantially built fence not less than eight feet in height, above grade, which shall be placed between any pedestrian way and a site containing any hazardous condition. Such fence shall be constructed in accordance with the provisions of Section 4407 of the Uniform Building Code ( UBC) as adopted by the City. D. Fence, Solid. “ Solid fence” means a fence, including any gates in the fence, constructed of solid material, wood or masonry, through which no visual images may be seen. Openings in such a fence, with its gates closed, shall not exceed two percent of any one square foot segment of vertical fence surface area which is more than eight inches above grade. E. Fence, Visual Screening. “ Visual screening fence” means a fence, including any gates in the fence, whose vertical surface is covered by soils or opaque material through which no complete visual images may be seen. Openings in such fence, with its gates closed, shall not exceed 20% of any one square foot of vertical fence surface area which is more than eight inches above grade, nor shall any opening exceed one-half inch in width. Woven wire or chain link fences containing slats shall not be classified as visual screening fences of a permanent nature, but may be permitted upon specific approval by the Director of Planning where such a fence is for temporary, a duration of three years or less, purposes ( use) only. F. Fencing Materials. Barbed wire, razor wire, and similar materials do not constitute permitted fencing materials and shall not be affixed to any building, structure, improvement or fence. Prior Code Appendix A 238.2; Ord. No. 96-7, Amended, 05/14/96; Ord. No. 2003-3, Amended, 01/28/03)

Section 18.02.305 Fortunetelling Fortunetelling” means and includes telling of fortunes, forecasting of future events or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power, faculty or force, including, but not limited to clairvoyance, clairaudience, cartomancy, psychology, psychometry, phrenology, spirits, tea leaves or other such reading, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mindreading, telepathy or other craft, art, science, cards, talisman, charm, potion, magnetism, magnetized article or substance, crystal gazing, oriental mysteries or magic, of any kind or nature. Prior Code Appendix A 238.4)

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Section 18.02.310 Foster Home For foster home, see “residential care home.” Prior Code Appendix A 238.5) Section 18.02.315 Garage, Private Garage” shall mean an accessory building, as defined by Section 18.02.045, used for the parking or storage of passenger vehicles by the resident(s) or occupants of the primary building( s) on the same lot or building site. Where the interior clear dimensions of the garage exceed the required minimum dimensions of the required number of parking spaces, that area in excess may be used for other accessory uses as defined by Section 18.02.055. Prior Code Appendix A 239; Ord. No. 93-26, Amended, 11/23/93) Section 18.02.320 Garage, Public Public garage” means a building other than a private garage used only for the shelter or storage of operating motor vehicles, and/or for the care, repair, equipping, hire or sale of such vehicle. Prior Code Appendix A 240)

Section 18.02.323 Grade Grade” is the underlying surface such as earth or a walking surface. Ord. No. 96-7, Added, 05/14/96) Section 18.02.325 Guesthouse Guesthouse” shall mean living quarters within an accessory building for the sole use of the primary occupants of the premises or for temporary use by guests of the occupants of premises, which living quarters have no kitchen facilities and are not otherwise used as a separate dwelling. No guest house shall exceed 700 square feet in gross floor area. No guest house shall be more than one story in height. It may be located on the top of another single story accessory structure. Prior Code Appendix A 241; Ord. No. 91-37, Amended, 11/12/91; Ord. 2012-12, Amended, 10/9/12; Ord. No. 2024-05, Amended, 06/28/24) Section 18.02.330 Half-Story Half-story” means a story with at least two of its opposite sides situated in a sloping roof, the floor area of which does not exceed two-thirds of the floor area of the floor immediately below it. Prior Code Appendix A 242)

Section 18.02.332 Hiring Hall and/or Labor Center Hiring hall and/or labor center” means any persons, organization, or business engaged primarily in: 1) hiring persons to perform temporary jobs or short term work, consisting of one week or less, for third parties; or 2) providing facilities for the purpose of having prospective employers or contractors hire persons for temporary jobs or short term work, consisting of one week or less. Ord. No. 2009-3, Added, 2/10/09)

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Section 18.02.335 Home Occupation Home occupation” means an accessory activity or secondary use of a dwelling unit for gainful employment, which is conducted entirely within the main dwelling unit, and carried out only by one or more resident occupants. No persons are employed other than residents of the dwelling unit. This use does not change the character of the residential area and it is not disruptive to the neighborhood. Prior Code Appendix A 243; Ord. No. 2009-2, Amended, 1/13/09) Section 18.02.337 Hot Tub See definition of swimming pool. Ord. No. 96-7, Added, 05/14/96)

Section 18.02.340 Hospital Hospital” means “ general acute care hospital” as defined in accordance with the provisions of Section 1250 of the State Health and Safety Code. Prior Code Appendix A 244) Section 18.02.345 Hospital, Psychiatric Psychiatric hospital” means an “ acute psychiatric hospital” as defined by Section 1250 of the State Health and Safety Code. Prior Code Appendix 245)

Section 18.02.350 Hotel

Hotel” means a building or group of buildings in which there are six or more guestrooms where lodging, with or without meals, is provided for compensation, and where no provision is made for cooking in any individual room or suite, but shall not include hospitals, asylums, nursing or residential care homes, orphanages, prisons, jails, detention homes and similar facilities where human beings are housed and detained under legal restraint. Prior Code Appendix A 246)

Section 18.02.351 Hotel, Single-Room Occupancy (SRO)

Single- room occupancy ( SRO) hotel” means a structure which contains six or more

SRO hotel rooms that can serve single tenants, such as low-income persons, students, and elderly individuals. 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. Ord. No. 2012-5, Added, 3/27/12)

Section 18.02.353 Housing, Supportive

Supportive housing” means housing, as more particularly set forth in Government

Code Section 50764.14(b), that is occupied by low income individuals who will receive, as part of their residency, supportive services designed to assist the individual in retaining housing, improving health, or enhancing other life functions. Ord. No. 2012-5, Added, 3/27/12)

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Section 18.02.354 Housing, Transitional

Transitional housing” means buildings configured as rental housing developments to

be occupied by disabled persons going through rehabilitation, battered/ abused women with dependent children, or persons who were recently homeless where: ( 1) the household occupying the rental unit may remain in the unit for at least six months; and ( 2) thereafter, the household must vacate the unit by a fixed date to permit the unit to be used by a different household. Ord. No. 2012-5, Added, 3/27/12)

Section 18.02.355 Intensification of Land Use or Activity

Intensification of land use or activity” means: A. The addition of substantial activities and/or services within an approved ( existing) facility or building wherein said activities or services were not indicated, or provided for, by an approved site development plan. It may be identified by the conversion of warehouse floor area as defined or identified on an approved site development plan to use as retail commercial or professional office spaces, or similar conversions, which are subject to more stringent development standards and/or requirements; B. The addition of a substantial retail sales activity not specifically provided for by an approved special use permit ( e.g., the addition of a prepared food and beverage sales activity within an automotive service station); or C. The establishment of a new or additional use in an existing facility that results in a substantial increase in traffic generation over that of the original land use or activity. Prior Code Appendix 246.5)

Section 18.02.360 Kennel Kennel” means a lot, building, structure, enclosure or premises whereupon or wherein are kept nine or more dogs, cats or similar domestic animals in any combination, for more than ten days, whether such keeping is for pleasure, profit, breeding or exhibiting, and including places where dogs, cats or similar animals in any combination are boarded, kept for sale or kept for hire. Prior Code Appendix A 247) Section 18.02.365 Kitchen Kitchen” means any room used or intended or designed to be used for cooking or the preparation of food, including any room having a sink and either a three-fourths- inch gas opening or provision for an electric stove. Prior Code Appendix A 248) Section 18.02.370 Landscaping Landscaping” means, unless otherwise defined elsewhere in this title, the planting, including replanting in case of death, disease, disfigurement or dismemberment, of live trees, shrubs and groundcover ( which shall be defined as grass or other durable plant life cover which can survive human foot traffic) which, at the time of planting, are healthy, vigorous and free of diseases, and of a species that is able to thrive in the environment and soil type in which it is planted, and maintenance thereof sufficient to sustain plant life, including an automatic irrigation system with a useful life of not less than ten years. Landscaping shall not include trees of less than 15 gallon or 30 inch box size at the time of planting and shrubs of less than 5 gallon size. Prior Code Appendix A 248.1)

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Section 18.02.372 Lawful Use Lawful use” means an expressly listed use, provided that: ( 1) all permits or approvals required to lawfully establish that use have been first secured; ( 2) those permits or approvals were obtained without misrepresentation; and (3) those permits or approvals have not lapsed, expired, been suspended, or been revoked.” Ord. No. 2015- 20, Added, 11/10/15) Section 18.02.375 Light Pollution Light pollution” means the artificial illumination of particles in the earth’s atmosphere that impairs celestial observation. Prior Code Appendix A 248.5)

Section 18.02.380 Loading Space Loading space” means an area, other than a street or alley, on the same lot with a building or group of buildings not less than 10 feet wide, 35 feet long, and 14 feet high which affords adequate ingress and egress for trucks from a public street or alley, and which is permanently reserved and maintained for the temporary parking of commercial vehicles while loading or unloading merchandise or materials. Prior Code Appendix A 249) Section 18.02.382 Local Cannabis License

Local cannabis license” means any of the following: ( 1) a notice of completed

registration issued for a medical cannabis business pursuant to Chapter 5.94, whether or not paired with a delivery license pursuant to Chapter 5.96; ( 2) an adult use cannabis business licensed pursuant to Chapter 5.95; ( 3) a cannabis testing facility licensed pursuant to Chapter 5.98; ( 4) a cannabis distribution facility licensed pursuant to Chapter 5.98; and ( 5) a cannabis manufacturing facility licensed pursuant to Chapter 5.98. Ord. No. 2019-18, Added, 12/10/19; Ord. No. 2021-6, Amended, 6/22/21)

Section 18.02.385 Lot Lot” means: A. A parcel of real property shown as a delineated parcel of land with a number or other designation on a final map of subdivision recorded in the Office of the County Recorder; B. A parcel of land which was a recorded parcel separate from any adjacent parcel of land and was indicated as a separate parcel on the records of the County Assessor on January 28, 1963, provided such parcel has legally recorded access to a public street, either directly or by way of an access strip at least 20 feet in width ( or pursuant to variance granted pursuant to Chapter 18.74, at least ten feet in width), which is topographically traversable by vehicular traffic; C. A parcel of land created subsequent to January 28, 1963, pursuant to a division of land plat approved by the County’ s Director of Planning prior to January 28, 1963; or D. A parcel of land created subsequent to January 28, 1963, pursuant to a division of land plat or parcel map approved by the City’s Director of Planning, and, in the case of a parcel map, duly recorded in the office of the County Recorder. Prior Code Appendix A 250)

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Section 18.02.390 Lot Area Lot area” means the total area exclusive of streets within the boundary lines of a lot. Prior Code Appendix A 251) Section 18.02.395 Lot, Corner Corner lot” means a lot situated at the intersection of two or more streets, which streets have an angle of intersection of not more than 135 degrees. Prior Code Appendix A 252) Section 18.02.400 Lot Depth Lot depth” means the horizontal length of a straight line connecting the bisecting points of the front and the rear lot lines. Prior Code Appendix A 253) Section 18.02.405 Lot, Interior Interior lot” means a lot other than a corner lot or reversed corner lot. Prior Code Appendix A 254)

Section 18.02.410 Lot, Key

Key lot” means the first lot to the rear of a reversed corner lot, whether or not

separated by an alley. Prior Code Appendix A 255)

Section 18.02.415 Lot Line, Front

Front lot line” means the line separating the front of the lot from the street. When a lot

or building site is bounded by a public street and one or more alleys or private street easements or private streets, the front lot line shall be the nearest right-of-way line of the public street. Prior Code Appendix A 256)

Section 18.02.420 Lot Line, Rear

Rear lot line” means the record lot line or lines most distant from and generally

opposite the front lot line, except that in the case of an interior triangular or gore-shaped lot, it means a straight line ten feet in length which: A. Is parallel to the front lot line or its chord; and B. Intersects the two other lot lines at points most distant from the front lot line. Prior Code Appendix A 257) Section 18.02.425 Lot Line, Side Side lot line” means any lot boundary line not a front lot line or a rear lot line. Prior Code Appendix A 258) Section 18.02.430 Lot, Reversed Corner Reversed corner lot” means a corner lot, the side street line of which is substantially a continuation of the front lot line of the lot upon which the rear of such corner lot abuts. Prior Code Appendix A 259)

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Section 18.02.435 Lot, Through Through lot” means a lot having a frontage on two parallel or approximately parallel streets. ( Prior Code Appendix A 260) Section 18.02.440 Lot Width Lot width” means the horizontal distance between the side lot lines measured at right angles to the line comprising the depth of the lot at a point midway between the front and rear lot lines. Prior Code Appendix A 261) Section 18.02.443 Manufactured Home, Qualifying Qualifying manufactured home” means a manufactured home certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 ( 42 U.S.C. Secs. 5401 et seq.) which is placed on a foundation system, pursuant to Section 18551 of the Health and Safety Code and which was manufactured within ten years of the date of the application for installation of the manufactured home. Ord. No. 2012-5, Added, 3/27/12) Section 18.02.445 Manufacturing, General General manufacturing” means general industrial activities of light to moderate labor intensity that do not employ a large number of employees in relation to the land or gross building area of the site upon which the activity is located. Prior Code Appendix A 261.5)

Section 18.02.446A Marijuana Ord. 2015-20, Added 11/10/15; Ord. 2019-18, Deleted, 12/10/19) Section 18.02.446B Marijuana- Related Use Ord. 2015-20, Added 11/10/15; Ord. 2019-18, Deleted, 12/10/19) Section 18.02.447 “ Massage Establishment” or “ Massage Business” Massage Establishment” or “ Massage Business” shall mean any fixed place of business, whether operated by a business, corporation, partnership, person, organization, or sole proprietorship, where any person engages in, conducts, or carries on, or permits to be engaged in, conducted, or carried on, any business of giving massage, administration of fomentation, electric or magnetic treatments, alcohol rubs, or any other type of system for treatment or manipulation of the human body. The term, “ Massage establishment” or “ massage business” excludes those locations where all massage services are provided by persons or under the supervision of persons described in the subparagraphs ( B)(1) through ( B)(8) of Vista Municipal Code Section 5.56.040. Ord. No. 2015-8, Added, 5/12/15)

Section 18.02.448 Medical Marijuana Land Use or Medical Marijuana Business Ord. No. 2015-20, Added 11/10/15; Ord. No. 2019-18, Deleted, 12/10/19) Section 18.02.450 Mobile Home Mobile home” means any residential structure certified under the National Mobile Home Safety Standards Act of 1974, or any subsequent national or state standards regulating such structures superseding such act. (Prior Code Appendix A 261.9)

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Section 18.02.455 Mobile Home Park

Mobile home park” means any trailer park, as defined in Section 18.02.690, where

occupancy is restricted to coach owners who stay in the park on a month-to-month basis. Prior Code Appendix A 262)

Section 18.02.460 Motel or Tourist Court Motel” or “ Tourist court” means a group of attached or detached buildings containing individual sleeping or living units where a majority of such units open individually and directly to the outside, and where a garage is attached or a parking space is conveniently located to each unit, all for the temporary use by automobile tourists or transients, and such words include auto courts and motor lodges. Prior Code Appendix A 263) Section 18.02.465 Motor Vehicle Sales Facility, New or Used A. “ New motor vehicle sales facility” means a retail sales facility wherein the primary activity is the retail sales, leasing and/or rental, of new vehicles, as defined by the California Vehicle Code, Section 430, and service of motor vehicles ( new or used) by a new motor vehicle dealer, as defined by the California Vehicle Code, Section 426. Used vehicles, as defined by the California Vehicle Code, Section 665, may also be sold at retail from such facility as an ancillary activity. B. “ Used motor vehicle sales facility” means a retail sales facility wherein the primary activity is the retail sales, leasing and/or rental of used vehicles, as defined by the California Vehicle Code, Section 665, by a vehicle dealer, as defined by the California Vehicle Code, Section 285. Prior Code Appendix A 263.2)

Section 18.02.470 Neighborhood Shopping Center Neighborhood shopping center” means a large building or cluster of buildings on one or more lots or building sites containing a mixture of retail commercial activities ( usually containing a major food market, a variety or drugstore with a limited number of service type uses), with a gross floor area between 20,000 and 100,000 square feet. Prior Code Appendix A 263.5) Section 18.02.475 Night Sky Night sky” means and is a term used to define the hours of darkness, from 45 minutes after sunset to 45 minutes before sunrise, during which observation of celestial objects may be effectively conducted. Prior Code Appendix A 263.7) Section 18.02.480 Nonconforming Building Nonconforming building” means a building, or portion thereof, which was lawfully erected or altered and maintained, but which, because of the application of this title to it, no longer conforms to the use, height, yard, setback or area regulations of the zone in which it is located. Prior Code Appendix A 264)

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Section 18.02.485 Nonconforming Use Nonconforming use” means a use which was lawfully established and maintained, but which, because of the application of this title to it, no longer conforms to the use regulations of the zone in which it is located. Prior Code Appendix A 265)

Section 18.02.490 Open Space, Common Usable Common usable open space” means recreational land areas within a multiple-dwelling unit project, including PRD’ s (planned residential developments) and condominium housing that is not occupied or intruded upon by any structures ( playground equipment, shade structures, decorative trellises and similar complementary structures excepted). Such open space may be classified as passive or active land areas that may be accessed and utilized by residents of all ages. Common usable open space areas must be surfaced with lawn, pavers, decking, sport- court-type surface, and other materials that allow the area to be used for recreation purposes. Typical common usable open space amenities include, but are not limited to, pools and spas, tot lots, fire pit/lounge areas, pedestrian trails, and sport courts. Common usable space does not include land areas occupied by streets, driveways, parking areas, service areas, storm water basins, or recreation buildings. Sidewalks are not considered part of the common usable open space unless located within or adjacent to recreational areas, or designed as part of an open space trail system. Prior Code Appendix A 266.1; Ord. No. 2017-17, Amended, 10/24/17) Section 18.02.495 Open Space, Private Usable Private usable open space” means areas within a multiple-dwelling project not occupied or intruded upon by any structure which are devoted exclusively to the private recreation and leisure use of the residents of one dwelling unit, and shall not include any space within a dwelling unit. Prior Code Appendix A 266.2)

Section 18.02.500 Ornamental Birds or Songbirds Ornamental birds” or “ songbirds” mean any bird not otherwise defined as poultry, including, but not limited to parakeets, finches, canaries, parrots and other exotic tropical birds. Prior Code Appendix A 266.3)

Section 18.02.505 Parcel of Land Parcel of land” means a contiguous quantity of land in the possession of, or owned by, or recorded as the property of the same person. Prior Code Appendix A 267)

Section 18.02.510 Parking Area Parking area” means an open area, other than a street or alley, which contains more than four parking spaces. Prior Code Appendix A 268) Section 18.02.515 Parking Space Parking space” means an open space or area exclusive of a street, alley, easement or

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driveway, not less than 10 feet wide and 20 feet long provided with adequate ingress and egress, and which is permanently reserved and maintained for the parking of motor vehicles. Prior Code Appendix A 269) Section 18.02.520 Parking Space, Covered Covered parking space” or “ Covered and enclosed parking space” means parking spaces in a garage or carport with a minimum clear floor space, exclusive of walls, structures and floor areas designated or designed for other uses, on a minimum width of 10 feet and a minimum length of 20 feet for each vehicle to be stored therein. Prior Code Appendix A 269.1) Section 18.02.522 Pawn Shop Pawn shop” is a pawnbroker or secondhand dealer business. “ Pawnbroker” means every person conducting, managing or carrying on the business of loaning money, either for himself or for any other person upon any personal property or personal security being purchased and resold to the vendor or other assignee at prices previously agreed upon. “ Secondhand dealer” means every person conducting, managing or carrying on the business of buying and selling used jewelry, watches, diamonds, clothing, musical instruments, luggage, sporting goods, furniture, junk and secondhand automobiles. Ord. No. 2009-3, Added, 2/10/09) Section 18.02.525 Person Person” means any individual, firm, copartnership, joint adventure, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city, municipality, district or other political subdivision, or any other group or combination acting as a unit. Prior Code Appendix A 270) Section 18.02.530 Pets Pets” mean any animal that is kept and cared for, which keeping is for companionship, protection or adornment of a home. Pets shall include, but not be limited to: dogs, cats, ornamental birds or songbirds, fish, or small animals kept in a cage, such as hamsters, white mice, reptiles, etc. Pets shall not include poultry or animals kept for profit or sale, or animals not permitted by the laws of the state or county. Prior Code Appendix A 270.2) Section 18.02.535 Planning Commission Planning Commission” means the Planning Commission of the City. Prior Code Appendix A 271)

Section 18.02.538 Pot-Bellied Pig A “ pot-bellied pig” shall have the same meaning as given in Section 6.07.055 of the Vista Municipal Code. Ord. No. 97-16, Added, 08/26/97) Section 18.02.540 Poultry Poultry” means domestic fowl, including hens, ducks, turkeys and peafowl; but excluding roosters and ornamental birds such as parakeets, canaries, finches, and similar types.

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Hens” means female poultry. Prior Code Appendix A 278.5; Ord. No. 2017-17, Amended, 10/24/17) Section 18.02.542 Primary Use(s) Primary use(s)” means the one or more significant uses which: ( 1) have been established on or in a building, structure, facility, premises, land, or location; or (2) which a person or entity plans to establish on or in a building, structure, facility, premises, land, or location. By way of example, a parcel in the M-U zone, as of the date of this ordinance, could have a single building operated by one party which includes a museum, restaurant, and gift shop. That single building, although under one management, would consist of three primary uses. A primary use is not an accessory use. Ord. No. 2015-20, Added, 11/10/15)

Section 18.02.545 Recycling Collection Facility, Large Large recycling collection facility” means one of any combination of collection facilities which occupies an area of 500 square feet or more; e.g., reverse vending machines, collection bins, kiosks, truck trailers, or collection vans. Prior Code Appendix A 271.1) Section 18.02.550 Recycling Collection Facility, Small Small recycling collection facility” means one or any combination of collection facilities that occupy an area of less than 500 square feet; e.g., reverse vending machines, collection bins, kiosks, truck trailers, or collection vans. Prior Code Appendix A 271.3)

Section 18.02.555 Recycling Processing Facility, Large Large recycling processing facility” means a processing facility for recyclable materials which occupies one or more acres. Prior Code Appendix A 271.2) Section 18.02.560 Recycling Processing Facility, Small Small recycling processing facility” means processing facilities for recyclable materials which occupy less than one acre. Prior Code Appendix A 271.4)

Section 18.02.565 Regional Shopping Center Regional shopping center” means a large building or cluster of buildings on one or more lots or building sites containing a mixture of retail commercial activities ( usually containing at least one major department store with 50 to 100 satellite shops and facilities), with a gross floor area in excess of 100,000 square feet. Prior Code Appendix A 271.5) Section 18.02.566 Rehabilitative Mental Health Services Facility Rehabilitative mental health services facility” means and is defined as a facility that provides any of the following mental health service activities, as defined by the referenced section of Title 9 of the California Code of Regulations, for land use purposes:

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A. “ Day Treatment Intensive” means a structured, multi- disciplinary program of therapy which may be an alternative to hospitalization, avoid placement in a more restrictive setting, or maintain the individual in a community setting, which provides mental health services to a distinct group of individuals. The mental health services are available at least three hours and less than 24 hours each day the program is open. Service activities may include, but are not limited to, assessment, plan development, therapy, rehabilitation and collateral. ( Section 1810.213, Title 9 California Code of Regulations). B. “ Day Rehabilitation” means a structured program of rehabilitation and therapy to improve, maintain or restore personal independence and functioning, consistent with requirements for learning and development, which provides mental health services to a distinct group of individuals. The mental health services are available at least three hours and less than 24 hours each day the program is open. Services activities may include, but are not limited to, assessment, plan development, therapy, rehabilitation and collateral. ( Section 1810.212, Title 9 California Code of Regulations). C. “ Crisis intervention” means a mental health service, lasting less than 24 hours, to or on behalf of a beneficiary for a condition that requires more timely response than a regularly scheduled visit. Service activities may include, but are not limited to, one or more of the following: assessment, collateral and therapy. Crisis intervention is distinguished from crisis stabilization by being delivered by providers who do not meet the crisis stabilization contact, site, and staffing requirements described in Sections 1840.338 and 1840.348 of Title 9 of the California Code of Regulations. ( Section 1810.209, Title 9 California Code of Regulations). D. “ Crisis stabilization” means a mental health service, lasting less than 24 hours, to or on behalf of a beneficiary for a condition that requires more timely response than a regularly scheduled visit. Service activities may include, but are not limited to, one or more of the following: assessment, collateral and therapy. Crisis stabilization is distinguished from crisis intervention by being delivered by providers who do meet the crisis stabilization contact, site, and staffing requirements described in Sections 1840.338 and 1840.348 of Title 9 of the California Code of Regulations. ( Section 1810.210, Title 9 California Code of Regulations). Ord. No. 2020-14, Added, 12/08/20)

Section 18.02.570 Research and Development Research and development” means a research or industrial activity which includes, in addition to those activities which specialize in or are devoted solely to experimental laboratory experiment or the development of experimental or prototypical equipment or projects, those that employ a highly technical staff in the chemical, aerospace, pharmaceutical, electronics, or other similar specialized fields that are labor intensive and employ a large number of employees in relation to the land or gross building area of the site upon which the activity is located. Prior Code Appendix 272.5) Section 18.02.575 Residential Care Home

Residential care home” means and is defined as any of the following facilities or

activities, as defined by the referenced section of the State Health and Safety Code, for land use purposes; however, it excludes hospitals, clinics or similar institutions devoted to the diagnosis and treatment of disease or injury, maternal ( obstetrics) cases or mental illness. Congregate living health facility” means a facility which provides 24-hour inpatient care to persons whose primary need is for availability of skilled nursing care on a recurring, intermittent, extended or continuous basis (Section 1250(j), State Health and Safety Code). Foster family home” means any residential facility providing 24-hour care for six or fewer foster children ( Section 1502(a)(5), State Health and Safety Code).

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Intermediate care facility” means a facility that provides inpatient care to ambulatory or nonambulatory patients who have recurring need for skilled nursing supervision and need supportive care, but who do not require availability of, or continuous, skilled nursing care. This also includes intermediate care facilities/developmentally disabled habilitative and intermediate care facilities/developmentally disabled ( Section 1250(e) and ( g) respectively, State Health and Safety Code). Intermediate care facility/developmentally disabled” means a facility which provides 24-hour personal care, developmental services, and nursing supervision for developmentally disabled persons who have intermittent recurring needs for skilled nursing care (Section 1250(h), State Health and Safety Code). Residential facility” means any family home, group care facility, or similar facility providing for 24-hour nonmedical care of persons in need of personal services, supervision, or other assistance essential to sustaining the activities of daily living ( Section 1502( a)(1), State Health and Safety Code). Residential care facility for the elderly” means a group housing arrangement for residents over 60, but may also include persons under 60 with compatible needs, who are provided varying levels and intensities of care and supervision based upon their varying needs Section 1269.2(j) and (k), State Health and Safety Code). Skilled nursing facility” means and provides skilled nursing care and supportive care to patients whose primary need is for availability of skilled nursing care on an extended basis Section 1250(c), State Health and Safety Code). Small family home” means any residential facility providing 24-hour care for six or fewer foster children ( Section 1502(a)(6), State Health and Safety Code). Prior Code Appendix A 271.9)

Section 18.02.580 Residential Hotel Residential hotel” means a building or group of buildings used for hotel purposes having a gross coverage not exceeding 40% of the building site and providing no outside entrances for business purposes and using no street frontage for business or business displays. Prior Code Appendix A 272) Section 18.02.585 Resort Hotel

Resort hotel” means a building or group of buildings used for hotel purposes on a

building site which contains at least five acres, having a gross coverage not exceeding 20% of the building site, providing no outside entrances for business purposes, providing no outside business displays, and having not more than one identification sign which does not exceed 20 square feet in area. Prior Code Appendix A 273) Section 18.02.590 Rest Home

For rest home, see “ residential care home.”

Prior Code Appendix A 274) Section 18.02.595 Reverse Vending Machine, Bulk Bulk reverse vending machine” means a large standard reverse vending machine, typically ranging from 50 to 90 cubic feet in bulk and up to eight to ten feet in height. Prior Code Appendix A 274.6)

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Section 18.02.600 Reverse Vending Machine, Standard Standard reverse vending machine” means a vending machine which receives recyclable containers and refunds money and/or redeemable credit slips for each container deposited therein. Prior Code Appendix A 274.5) Section 18.02.605 Sanatorium or Sanitarium For sanatorium or sanitarium, see “ residential care home.” Prior Code Appendix A 275)

Section 18.02.610 Section

Section” means a section of this title unless some other ordinance, code or statute is

indicated. Prior Code Appendix A 276)

Section 18.02.615 Schools, Elementary, Junior High and High

Elementary, junior high and high schools” means an institution of learning which

offers instruction in the several branches of learning and study required to be taught in the public schools by the Education Code of the State and in which no pupil is physically restrained. Prior Code Appendix A 277)

Section 18.02.620 Scrap Metal Processor Scrap metal processor” means and is defined as one who, from a fixed location, utilizes machinery and equipment for processing and manufacturing iron, steel or nonferrous metallic scrap into prepared grades and whose principal products are scrap iron, scrap steel or nonferrous metallic scrap for sale for remelting purposes. This use shall not be construed as having storage of junk or as falling under the category of a wrecking yard. Prior Code Appendix A 277.3)

Section 18.02.623 Semi- Rural Street A “ Semi-Rural Street” means a Circulation Element Street with projected 2030 Average Daily Traffic Volumes of 7,900 or fewer trips, or a local public street in zones A-1, E-1, and R-1 with semi-rural character as designated by the City Planner. The elements of a semi- rural character area include, but are not limited to: housing units that have individual architectural styles; limited animal husbandry and agricultural uses interspersed with residential development; tree-lined and winding country roads; presence of open space, natural creeks, undisturbed ridge lines and undeveloped hillsides. Ord. No. 2007-12, Added, 8/14/07) Section 18.02.624 Smoke Shop

Smoke shop” means a retail place of business engaged primarily in the sale of any

one or combination of the following: ( 1) tobacco; ( 2) tobacco derivatives; ( 3) non-tobacco substances produced for purposes of smoking; and ( 4) any type of paraphernalia or accessory manufactured or sold for the purpose of smoking, ingesting, preparing, or storing any of the preceding. No smoking of tobacco or any other product shall occur on any portion of the premises owned, rented, controlled, used, or operated by a smoke shop.

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Ord. No. 2009- 3, Added, 2/10/09; Ord. No. 2009- 12, Amended, 4/14/09)

Section 18.02.625 Smoking Lounge

Ord. No. 2009-3, Added, 2/10/09; Ord. No. 2009-12, Repealed, 4/14/09) Section 18.02.626 Solar Access Corridor Solar access corridor” means and includes all that area above and between the arc created by the angle of the sun on December 21st, between the hours of nine a.m. and three p.m., Pacific Standard Time. Prior Code Appendix A 277.5)

Section 18.02.630 Solar Collector Solar collector” means any device or combination of devices or other elements which relies upon sunlight as an energy source. Prior Code Appendix A 277.6) Section 18.02.635 Solar Energy System Solar energy system” means equipment associated with the collection, transfer, distribution, storage, space conditioning, electricity production, process heat and mechanical energy. Prior Code Appendix A 277.7)

Section 18.02.637 Spa

See definition of swimming pool.

Ord. No. 96-7, Added, 05/14/96) Section 18.02.638 Spa, Portable

Portable Spa” is a nonpermanent structure intended for recreational bathing, in which

all controls, water- heating and water- circulating equipment are an integral part of the product and which is cord connected ( not permanently electrically wired). Ord. No. 96-7, Added, 05/14/96)

Section 18.02.640 Stable, Private Private stable” means an accessory building in which, or premises upon which, horses owned by the occupants of the premises are kept, and in or upon which no horses are kept for hire or sale. Prior Code Appendix A 278) Section 18.02.645 Stable, Public

Public stable” means a stable other than a private stable.

Prior Code Appendix A 279)

Section 18.02.650 Stand

Stand” means a structure for the display and sale of farm products with no space for

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customers within the structure itself. Prior Code Appendix A 280)

Section 18.02.653 Store, Tobacco

Tobacco store” means a retail establishment which primarily sells some or all of the

following: A. Tobacco products; B. Tobacco- related products; and C. Paraphernalia that is designed for the smoking or ingestion of tobacco. Ord. No. 97-12, Added, 06/10/97)

Section 18.02.655 Story

Story” means that portion of a building included between the surface of any floor and

the surface of the floor next above it. If there is no floor above it, then the space between such floor and the ceiling next above it shall be considered a story. Prior Code Appendix A 281)

Section 18.02.660 Street

Street” means a county road, state highway, public road, street or alley, or private

thoroughfare not less than ten feet in width connecting with a county road, state highway, public road, street or alley which affords primary access to an abutting lot. Prior Code Appendix A 282) Section 18.02.665 Street Line

Street line” means the boundary line between a street and the abutting property.

Prior Code Appendix A 283)

Section 18.02.670 Street, Side

Side street” means a street which is adjacent to a corner lot and which extends in the general direction of the line determining the depth of the lot. Prior Code Appendix A 284)

Section 18.02.675 Structural Alterations

Structural alterations” means any change in the supporting members of a building

such as foundations, bearing walls, columns, beams, floor or roof joists, girders or rafters, or changes in roof or exterior lines. Prior Code Appendix A 286)

Section 18.02.680 Structure Structure” means anything constructed or erected which requires location on the ground or attachment to something having a location on the ground. Structure shall include immobilized trailer coaches. Prior Code Appendix A 285)

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Section 18. 02.681 Supportive Housing Supportive housing" means housing, which has no limit on the length of stay, which is linked to on-site or off-site services serving a target population in retaining housing, improving the health of the residents, or maximizing the ability of residents to live and work in the community. Target population means persons, including persons with disabilities, and families who are homeless" or who are "homeless youth". Ord. No. 2015-19, Added, 09/22/15) Section 18.02.682 Swimming Pool Swimming pool” is any structure intended for swimming or recreational bathing that contains water over 24 inches deep. This includes in-ground, above- ground and on-ground swimming pools, hot tubs, spas and portable spas. Location of swimming pools shall be governed by Section 18.58.270 of this title. Ord. No. 96-7, Added, 05/14/96; Ord. No. 2020-1, Amended, 01/14/20)

Section 18.02.683 Swimming Pool, Indoor Indoor swimming pool” is a swimming pool which is totally contained within a residential structure and surrounded on all four sides by walls of said structure. Ord. No. 96-7, Added, 05/14/96)

Section 18.02.684 Swimming Pool, Outdoor Outdoor swimming pool” is any swimming pool which is not an indoor pool. Ord. No. 96-7, Added, 05/14/96)

Section 18.02.685 Tattoo Parlor Tattoo parlor” means a business establishment where a person can obtain a tattoo and/or body piercing. “ Tattoo” means any indelible design, letter, scroll, figure, symbol or other mark that is placed on or under the skin with ink or colors by the aid of needles or other instruments and that cannot be removed without a surgical procedure or any design, letter, scroll, figure or symbol or other mark done by scarring on or under the skin. “ Body piercing” means creating an opening in the body using a sharp object through the area to be pierced. This procedure can either be done by cutting an opening using a needle ( usually a hollow medical needle) or scalpel. Ord. No. 2009-3, Added, 2/10/09)

Section 18.02.686 Trailer Coach Trailer coach” means any camp car, trailer or other vehicle, with or without motive power, designed and constructed to travel on the public thoroughfares at the maximum allowable speed limit and in accordance with the provisions of the Vehicle Code, and designed or used for human habitation. Prior Code Appendix A 288)

Section 18.02.690 Transient Trailer Court or Transient Trailer Park

Transient trailer court” or “ transient trailer park” means any premises on which

there is located one or more occupied trailer coaches, or where space for trailer coaches is rented, held for rent, or on which free occupancy or camping is permitted to trailer coach users,

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providing such trailer court or trailer park accepts coaches for occupancy by coach owners who stay in the park on a day-to-day basis, but shall not include premises on which unoccupied trailer coaches are parked for inspection and sale or premises on which there is one occupied trailer coach occupied by the owner thereof and for which there is a valid, unexpired and unrevoked permit issued by the City. Prior Code Appendix A 289) Section 18.02.695 Transit Shelter Transit shelter” shall mean a structure designed to provide shelter from the natural elements for persons utilizing public transit. Such structure may provide only overhead; a roofed structure open on all sides, or may provide an overhead and directional shelter, a roofed structure, partially enclosed on one or more sides; however, such structure shall be required to have at least one side open, and in the case that said shelter faces a street, the street side shall not be enclosed. A transit shelter may enclose or cover a bus bench as defined by Section 18.02.182. When a bus bench is so enclosed or covered, the combination shall be included in the term transit shelter. Prior Code Appendix A 288.5; Ord. No. 93-15, Amended, 05/25/93) Section 18.02.696 Unauthorized Cannabis Use

Unauthorized cannabis use” means any cannabis use other than an authorized

cannabis use. Ord. No. 2019-18, Added, 12/10/19)

Section 18.02.697 Unlawful Use Unlawful use” means any primary or accessory use which is not a lawful use. Ord. No. 2015-20, Added, 11/10/15) Section 18.02.700 Use(s) Use(s)” means the purpose or purposes for which: ( 1) land or improvements are arranged, designed, or intended; or ( 2) for which land or improvements may be occupied or maintained. A use may qualify as a primary use or an accessory use.” Prior Code Appendix A 290; Ord. No. 2015-20, Added, 11/10/15)

Section 18.02.705 Variance Variance” means an administrative act to permit a variance from the strict application of the regulations of a particular zoning district and to provide a reasonable use for a parcel of property having unique characteristics by virtue of its size, location, design or topographical features, and its relationship to adjacent or surrounding properties and developments. The purpose of the variance is to bring a particular parcel up to parity with other property in the same zoning district and vicinity insofar as a reasonable use is concerned, and it is not to grant any special privileges or concessions not enjoyed by other properties in the same zoning district and vicinity. The variance may not be used to correct improper zoning or permit a use not currently authorized. Prior Code Appendix A 291) Section 18.02.710 Yard Yard” means an open space other than a court, on a lot, unoccupied and unobstructed

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from the ground upward, except as otherwise provided in this title. Prior Code Appendix A 292) Section 18.02.715 Yard, Front Front yard” means a yard extending across the full width of the lot, having at no point a depth of less than the minimum required horizontal distance between the front lot line, or its tangent, and the closest permissible location of the main building. Such distance shall be measured by a line at right angles to the front lot line, or its tangent. Prior Code Appendix A 293)

Section 18.02.720 Yard, Rear Rear yard” means a yard extending across the full width of a lot, having at no point a depth of less than the minimum required horizontal distance as measured from the part of the main building nearest the rear lot line towards the rear lot line, and such measurement shall be along a line representing the shortest distance between such part of the main building and rear lot line. The required rear yard shall be that portion of the rear yard contiguous to the rear lot line having at no point a depth less than that required for the rear yard. The area to the rear of the rear lot line of an interior triangular or gore- shaped lot shall be considered a part of the required rear yard. Prior Code Appendix A 295)

Section 18.02.725 Yard, Rear Line of Required Front

Rear line of required front yard” means a line parallel to the front lot line and at a

distance there from equal to the depth of the required front yard, and extending across the full width of the lot. Prior Code Appendix A 294)

Section 18.02.730 Yard, Side

Side yard” means a yard between the main building and the side lot lines extending from the required front yard, or the front lot line where no front yard is required, to the rear yard, the width of which side yard shall be measured horizontally from, and at right angles to, the nearest point of a side lot line towards the nearest part of a main building. Prior Code Appendix A 296)

Section 18.02.735 Zone

Zone” means any one of the classes of zones established by this title.

Prior Code Appendix A 297)

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Chapter 18.04

General Requirements