Chapter 18.04 DEFINITIONS

The words, terms, and phrases used in this title shall have the meaning usually ascribed to them or as defined or used in the Planning Law of the state. For the purposes of this title, unless it is plainly evident from the context that a different meaning is intended, certain terms used in this title are defined in this chapter. (Prior code § 10-3.201)

18.04.010 Accessory building.

“Accessory building” means a building, part of a building, or structure which is detached from and subordinate to, and the use of which is incidental to, that of the main building, structure, or use on the same lot. Where an accessory building is a part of or joined to the main building, such accessory building shall be counted as part of the main building. “Accessory use” means a use incidental, appropriate, subordinate and devoted exclusively to the main use of the lot or building on such lot. (Prior code § 10-3.202)

18.04.015 Accessory living quarters.

“Accessory living quarters” means living quarters within an accessory building located on the same premises with the main building, such quarters having no kitchen

facilities and not rented or otherwise used as separate dwelling. (Prior code § 10-3.203)

18.04.020 Alley.

“Alley” means a public way permanently reserved as a secondary means of vehicular access to abutting property. (Prior code § 10-3.204)

18.04.022 Antique store.

“Antique Store” means a place used for the sale or trading of articles, which are over fifty (50) years old or have collectible values. Antique shop does not include “second hand store”.

(Ord. 1661 § 1, 2004)

18.04.025 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 § 10-3.205)

18.04.030 Apartment hotel.

“Apartment hotel” means a building, or portion thereof, designed for or containing a combination of six or more guest rooms or suites of rooms and three or more dwelling units. (Prior code § 10-3.206)

18.04.035 Apartment house.

“Apartment house” means the same as “multiple dwelling.” (See Section 18.04.155) (Prior code § 10-3.207)

18.04.040 Automobile service station.

“Automobile service station” means any facility where the primary use is the retail sale and dispensing of motor vehicle fuel; it may include an on-site mini-market and self-service automobile washing facility.

(Prior code § 10-3.208; Urg. Ord. 1667 § 1, 2004)

18.04.043 Bachelor/efficiency unit.

“Bachelor/efficiency unit” shall mean an independent residential unit of at least 450 square feet, permitted in accordance with Health and Safety Code Section 17958.1, and consisting of living, sleeping, eating, cooking and sanitation facilities. With the exception of sanitation facilities, all amenities are provided in a single room. (Urg. Ord. 1639 § 1, 2003)

18.04.045 Automobile repair facility.

“Automobile repair facility” means any facility used for the repair, alteration, restoration, maintenance, body and fender, painting of passenger vehicles and motorcycles, including but not limited to: fluid replacement and lubrication, tune-up and muffler work, parts and tire sales and installation, wheel and brake work, engine and transmission repair, rebuilding or reconditioning of engines, smog check, wheel alignment, and installation of automobile accessories such as glass, upholstery, radios, and alarm systems. This classification excludes automobile wrecking, or storage of vehicles. (Prior code § 10-3.209; Urg. Ord. 1667 § 2, 2004)

18.04.050 Basement.

“Basement” means a space wholly or partly underground and having one-half or more of its height below the average level of the adjoining ground. A basement, when designed for or occupied by dwellings, business, or manufacturing, shall be considered to be a story. (Prior code § 10-3.210)

18.04.055 Block frontage.

“Block frontage” means all property fronting on one side of a street between intersecting and intercepting streets or between a street and right of way, water way, end of cul-de-sac, or city boundary. An intercepting street shall determine only the boundary of the block frontage on the side of the street that it intercepts. Where the city boundary intersects or intercepts a street, the block frontage shall be considered to end at the city boundary. (Prior code § 10-3.211)

18.04.060 Boardinghouse.

“Boardinghouse” means a building where meals are provided for compensation for five persons, but not more than fifteen persons, not including rest homes. (Prior code § 10-3.212)

18.04.065 Breezeway.

“Breezeway” means a roofed passageway, open on at least one side, where a roof is in keeping with the design and construction of the main building. Such breezeway shall be considered an inner court created by a roof structure connecting two buildings. The space between buildings connected by a breezeway shall be not less than six feet in length. (Prior code § 10-3.213)

18.04.070 Building.

“Building” means a permanently located structure having a roof (all forms of vehicles are excluded). “Building,” as used in this title, shall include the word “structure.” (Prior code § 10-3.214)

18.04.075 Building area.

“Building area” means the sum in square feet of the ground areas occupied by all buildings and structures on a lot. (Prior code § 10-3.215)

18.04.080 Building height.

“Building height” means the vertical distance measured from the average level of the finished grade at the front of the building to the highest point of the structure, exclusive of the exceptions to building height permitted by this title.

(Urg. Ord. 1682; Ord. 1683 § 1, 2006; Ord. 1673 § 2, 2005 Prior code § 10-3.216)

18.04.085 Building line.

“Building line” means a line parallel with a lot line or planned street line and separated therefrom by the depth of the required yard. (Prior code § 10-3.217)

18.04.087 Building supply center.

“Building supply center” means any facility engaged in retail or wholesale sales and leasing or rental of building supplies, tools, and equipment. This classification includes lumber and other building materials yards, tool and equipment sales, leasing and rental yards, but excludes retail sales of paint and hardware.

(Urg. Ord.1667 § 3, 2004)

18.04.090 Building site.

“Building site” means the ground area of a building or group of buildings, together with all open spaces and off-street parking and loading facilities required by this chapter. (Prior code § 10-3.218)

18.04.095 Bungalow courts.

“Bungalow courts” means a group of two or more detached one-story one-family or two-family dwellings located upon a single lot, together with all open spaces and off-street parking facilities required by this chapter, but not including motels. (Prior code § 10-3.219)

18.04.100 Business or commerce.

“Business or commerce” means the purchase, sale, or other transaction involving the handling or disposition of any article, substance or commodity for profit or livelihood, or the ownership or management of office buildings, office recreational or amusement enterprises, or the maintenance and use of offices by professions and trades rendering services. (Prior code § 10-3.220)

18.04.103 Car wash facility.

“Car wash facility” means any building, structure, improvement or land principally used for washing motor vehicles.

(Urg. Ord. 1667 § 4, 2004)

18.04.105 Carport.

“Carport” means a permanently roofed accessory structure open on three sides immediately attached to a dwelling and/or accessory building and designed and used for the shelter or storage of automobiles owned or operated by the occupants of the main building. (Prior code § 10-3.221)

18.04.106 Check cashing.

“Check cashing” means a business whose primary purpose is to provide services such as check cashing and deferred deposit transactions. This includes check cashers, payday advance businesses and other business regulated by the State of California’s Check Casher Permit Program, per the California Civil Code, Section 1789.30 et seq. Check cashing facility does not include a state or federally chartered bank, savings association, credit union, or industrial loan company. Check cashing facility also does not include a retail seller engaged primarily in the business of selling consumer goods, including consumables, to retail buyers that cash checks or issue money orders for minimum flat fee not exceeding two dollars ($2.00) as a service that is incidental to its main purpose or business.

(Ord. 1661 § 1, 2004)

18.04.107 Urgent care center.

“Urgent care center” means an establishment that provides outpatient diagnostic services and emergency medical care, including minor outpatient surgical procedures for ambulatory patients. Such establishment is staffed by any licensed member of the healing arts as provided in Section 18.04.339 of this code, as well as members of the nursing profession, engaged in providing services and care to patients. (Ord. 1517 § 1, 1997)

18.04.110 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. The designation “legal card club” is specifically excluded. (Prior code § 10-3.222)

18.04.115 Collection facility.

“Collection facility” means a center for the acceptance by donation, redemption or purchase, of recyclable materials from the public. Such a facility does not use power driven processing equipment except as indicated below. Collection facilities may include small collection facilities or large collection facilities. Small collection facilities are those facilities which occupy an area of not more than five hundred square feet, and may include: a mobile unit; bulk reverse vending machines or a grouping of reverse vending machines cumulatively occupying more than fifty square feet per site; kiosk type units which may include permanent structures, unattended containers placed for the donation of recyclable materials. Large collection facilities shall mean those facilities which occupy an area of more than five hundred square feet and may include permanent structures. (Prior code § 10-3.222.1)

18.04.120 Commission.

“Commission” means the planning and environmental commission of the city. (Prior code § 10-3.223)

18.04.125 Community care facility.

“Community care facility” means any residential facility which is maintained and operated to provide twenty-four hour nonmedical residential care for not more than six children, adults or children and adults, including, but not limited to, the developmentally disabled, physically handicapped, mentally disordered, or incompetent persons, in need of personal services, protection, supervision, assistance, guidance or training essential for sustaining the activities of daily living or for the protection of the individual. (See Sections 5116 and 5120 of the Welfare and Institutions Code of the state and Section 80005 of Title 22 of Division 6 of the California Administrative Code). (Prior code § 10-3.223.1)

18.04.130 Condominium.

“Condominium” means a form of ownership consisting of an estate in real property composed of an undivided interest in common in a portion of a parcel of real property, together with a separate interest in airspace in a residential, industrial or commercial building on such parcel of real property, such as an apartment, office or store. Such estate may be owned in fee, may be life estate, or may be an estate for years, such as a leasehold or subleasehold (subsection 783 of the Civil Code of the state). A condominium project is a subdivision under the Subdivision Map Act of the state. (Section 66424 of the Government Code of the state) (Prior code § 10-3.223.2)

18.04.133 Contractor business.

“Contractor business” means any premises used or operated by a contractor licensed by the state of California for the purpose of conducting administrative activities along with the incidental storing, maintaining, servicing, distributing, or dispatching of supplies, materials, vehicles, equipment, tools commonly used or required by a contractor’s business.

(Urg. Ord. 1667 § 6, 2004)

18.04.135 Day care facility.

“Day care facility” means any group of buildings, building or portion thereof used primarily for the daytime regular care, protection and supervision of children at any location other than their normal place of residence, for periods of less than twenty-four hours per day, while the parents or guardians are away. Day care facilities shall include nursery schools. (Ord. 1550 § 1, 1998: prior code § 10-3.223.3)

18.04.140 Day care home.

“Family day care home” means a home which regularly provides care, protection and supervision of twelve or fewer children, in the provider’s own home, for periods of less than twenty-four hours per day, while

their parents or guardians are away, and includes the following:

A. “Large family day care home” means a home that provides family day care to seven to twelve children, inclusive, including children under the age of ten years who reside at the home, as defined in regulations issued by the state of California. Large day care family homes shall be permitted in all residential zones subject to approval of a home occupation permit pursuant to Chapter 18.56 of this code.

B. “Small family day care home” means a home that provides family day care to six or fewer children, including children under the age of ten years who reside at the home, as defined in regulations issued by the state of California. Small family day care homes shall be considered a residential use of property and shall be a permitted use in all zones in which residential uses are permitted. (Prior code § 10-3.223.4)

18.04.143 Dispensary, medical marijuana.

A. A medical marijuana dispensary is a facility or location where medical marijuana is made available to, distributed by, or supplied to one or more of the following: (1) more than a single qualified patient, (2) more than a single person with an identification card, or (3) more than a single primary caregiver. The term “medical marijuana dispensary” includes a medical marijuana cooperative.

B. Unless otherwise regulated by ordinance or applicable law, and to the extent that such use strictly complies with applicable law, including but not limited to Section 11362.5 and Article 2.5 of Chapter 6 of Division 10 of the California Health and Safety Code, a “medical marijuana dispensary” shall not be construed to include the following uses: (1) a clinic licensed pursuant to Chapter 1 of Division 2 of the California Health and Safety Code, (2) a health care facility licensed pursuant to Chapter 2 of Division 2 of the California Health and Safety Code, (3) a residential care facility for persons with chronic life-threatening illnesses licensed pursuant to Chapter 3.01 of Division 2 of the California Health and Safety Code, (4) a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the California Health and Safety Code, (5) a residential hospice or home health agency licensed pursuant to Chapter 8 of Division 2 of the California Health and Safety Code.

C. A medical marijuana cooperative is two or more persons collectively or cooperatively cultivating, using, transporting, possessing, administering, delivering or making available medical marijuana, with or without compensation.

D. All terms used in this definition of medical marijuana dispensary, including but not limited to “medical marijuana,” “qualified patient,” “identification card,” and “primary caregiver,” shall be as defined in Section 11362.5 and Article 2.5 of Chapter 6 of Division 10 of the California Health and Safety Code. (Ord. 1711 § 2, 2008)

18.04.145 Duplex.

“Duplex” means the same as “two-family dwelling.” (See Section 18.04.165.) (Prior code § 10-3.224)

18.04.150 Dwelling.

“Dwelling” means a building, or portion thereof, designed for or occupied exclusively for residential purposes, with the exception of permitted home occupations, including one-family, two-family, and multiple dwellings, but not including hotels, boardinghouses, and lodginghouses. (Prior code § 10-3.225)

18.04.155 Dwelling, multiple.

“Multiple dwelling” means a residential building, or portions thereof, designed, occupied or intended for occupancy as more than two separate living quarters, with each living quarter having separate kitchen, sleeping, and bathroom facilities for the exclusive use of a single family or household. (Ord. 1683 § 1, 2006; Urg. Ord. 1682; prior code § 10-3.226)

18.04.160 Dwelling, one-family.

“One-family dwelling” means a detached building designed for or occupied exclusively by one family, including guests and servants employed on the premises and having but one kitchen. (Prior code § 10-3.227)

18.04.163 Dwelling, second unit.

“Second dwelling unit” or “second unit” shall mean an independent residential unit providing living, sleeping, eating, cooking, and sanitation facilities on the same parcel of land as no more than one existing single-family dwelling. Second dwelling units include detached bachelor/efficiency units and manufactured homes as defined in Section 18007 of the Health and Safety Code, provided that such units shall be subject to all development standards applicable to second dwelling units. (Urg. Ord. 1639 § 1, 2003)

18.04.165 Dwelling, two-family.

“Two-family dwelling” means a residential building under one roof designed for or occupied for separate living quarters by two families or households living independently of each other and having separate kitchen, sleeping and bathroom facilities. Two-family dwellings are the same as a duplex. (Ord. 1683 § 1, 2006; Urg. Ord. 1682; prior code § 10-3.228)

18.04.170 Dwelling unit.

“Dwelling unit” means one or more rooms in a residential building designed or occupied or intended for occupancy by one household or family as living quarters and having only one kitchen. (Ord. 1683 § 1, 2006; Urg. Ord. 1682; prior code § 10-3.229)

18.04.175 Educational institution.

“Educational institution” means public, parochial and other nonprofit institutions conducting regular academic instruction at kindergarten, elementary, secondary and collegiate levels, including graduate schools, universities and nonprofit research institutions. Such institutions shall either:

A. Offer general academic instruction equivalent to the standards prescribed by the State Board of Education; or

B. Confer degrees as a college, university, undergraduate, or graduate standing; or

C. Conduct research.

This definition shall not include schools, academies, or institutes, incorporated or otherwise, which operate for a profit, nor shall it include commercial or trade schools. (Prior code § 10-3.230)

18.04.180 Family.

“Family” means an individual or two or more persons related by blood, marriage or adoption or a group of not more than five persons, excluding servants, who are not related by blood or marriage, living together as a single housekeeping unit in a dwelling unit. (Prior code § 10-3.231)

18.04.182 Financial services.

“Financial services” shall include those businesses, which issue cash, checks or money orders for a fee and shall include payday advance loans and check cashers. Financial service use shall not include banks, credit unions, savings and loans. (Ord. 1661 § 1, 2004)

18.04.185 Floor area.

“Floor area” means the sum of the gross horizontal areas of the several floors of a building, excluding areas used for accessory garage purposes and such basement and cellar areas as are devoted exclusively to uses accessory to the operation of the building. All horizontal dimensions shall be taken from the exterior faces of walls, including walls or other enclosures of enclosed porches. Wherever the term “floor area” is used in this chapter as a basis for requiring off-street parking, it shall be assumed that, unless otherwise stated, such floor area applies not only to the ground floor area but also to any additional stories and/or basement of such structure. (Prior code § 10-3.232)

18.04.190 Floor area ratio (FAR).

“Floor area ratio” means the numerical value obtained by dividing the total floor area of all buildings located on a lot or parcel of land by the total area of such lot or parcel of land. In calculating the floor area ratio, the measurements for all structures shall be from outside wall to outside wall, using the gross square footage; provided, that for multifamily dwellings and condominiums any garage area, uncovered patio, porch, or balcony, and any uncovered common recreation area including swimming pools shall be excluded from the FAR calculation. In calculating the total land area, no portion of any street, alley or right of way dedication/easement shall be included. (Ord. 1683 § 1, 2006; Urg. Ord. 1682; prior code § 10-3.232.1)

18.04.195 Freeway.

“Freeway” means a main highway in respect to which the owners of abutting lands have no right to easement or access to or from their abutting lands, or in respect to which such owners have only limited or restricted easement or access, and which is declared to be such in compliance with the Streets and Highways Code of the state. (Prior code § 10-3.233)

18.04.197 Freight forwarder.

DELETED

(Ord. 1598 § 1(part), 2000; Ord. 1597 § 1 (part), 2000; Urg. Ord. 1667 § 5, 2004)

18.04.200 Garage, private.

“Private garage” means an accessory building or portion of the main building designed for the parking or storage of vehicles owned or operated by the occupants of the main building. (Urg. Ord. 1682; Ord. 1683 § 1, 2006; prior code § 10-3.234)

18.04.205 Deleted.

(Prior code § 10-3.235; Urg. Ord. 1667 § 7, 2004)

18.04.210 Granny unit.

“Granny unit” means a residential unit constructed, on the same parcel of land as no more than one single-family dwelling, constructed to the side or rear of a single-family dwelling, or attached to said dwelling, on land in the R-1 zones if the unit is intended for the sole occupancy of 1 or 2 adults who are sixty-two years of age or older, and the area of floor space of the unit does not exceed 640 square feet. (Urg. Ord. 1639 § 2, 2003; prior code § 10-3.235.1)

18.04.215 Group care facility.

“Group care facility” means the facilities authorized, certified or licensed by the state to provide board, room and personal care for seven or more mentally disordered or otherwise handicapped persons or dependent and neglected children, rest homes, convalescent homes, guest homes, homes for the aged, alcoholic treatment centers, nursery homes, and foster homes, but excluding those uses classified under hospitals. (Prior code § 10-3.235.2)

18.04.220 Guest room.

“Guest room” means a room which is designed to be occupied by not more than four guests for sleeping purposes. (Prior code § 10-3.236)

18.04.225 Health facility.

“Health facility” means an establishment engaged in outpatient treatment of a specialized nature with permanent facilities and medical staff to provide diagnosis, treatment, or both for ambulatory patients. Such establishments include but are not limited to alcohol and drug addiction treatment clinic, biofeedback clinic, family planning clinic, mental health clinic, medical rehabilitation center, respiratory therapy clinic, health screening services facility, blood bank, and sperm bank. (Ord. 1517 § 2, 1997: prior code § 10-3.236.1)

18.04.230 Home or hobby occupation.

“Home or hobby occupation” means any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the structure for dwelling purposes and which use does not change the character thereof and does not adversely affect the uses in the zone of which it is a part. Home occupations shall be subject to the provisions of Chapter 18.56 of this code. (Prior code § 10-3.237)

18.04.235 Hospital.

“Hospital” means an establishment primarily engaged in providing diagnostic services, medical treatment including surgical services, and other inpatient medical services. Such establishment has an organized medical staff, inpatient beds, and equipment and facilities to provide health care. “Hospital” includes but is not limited to mental hospital except for the mentally retarded, psychiatric hospital, alcoholism rehabilitation hospital, cancer hospital, children’s hospital, chronic disease hospital, drug addition rehabilitation hospital, maternity hospital, and orthopedic hospital. (Ord. 1517 § 3, 1997: prior code § 10-3.238)

18.04.240 Hotel.

“Hotel” means any building or portion of any building with access provided through a common entrance, lobby or hallway to six or more guest rooms, and which rooms are designed, intended to be used, or are used, rented or hired out as accommodations for guests. (Prior code § 10-3.239)

18.04.245 Kitchen.

“Kitchen” means any room used for, intended for, or designed to be used for cooking or the preparation of food. (Prior code § 10-3.240)

18.04.247 Laboratory, medical and dental.

“Medical and dental laboratory” means an establishment primarily engaged in providing professional analytic or diagnostic services to the medical or dental profession, or to the patient on order of a licensed medical or dental practitioner, or establishment primarily engaged in making devices for patients on order of a licensed medical or dental practitioner. (Ord. 1517 § 4, 1997)

18.04.248 Laundromat, self service.

“Self-service laundromat” means any establishment open to the public where coin-operated washing machines and dryers are provided for the washing and drying of personal clothing and household items such as towels, bed sheets and blankets.

(Urg. Ord. 1667 § 8, 2004)

18.04.250 Loading space.

“Loading space” means an off-street space or berth on the same lot with a building, or contiguous to a group of buildings, that is delineated for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials and which loading space has access to a street or alley. A loading space shall be so arranged that it will not impede traffic circulation within the parking area, will not require commercial vehicles to back onto a public street/alley and will not block parking stalls.

(Urg. Ord. 1682; Ord. 1683 § 1, 2006; prior code § 10-3.241)

18.04.255 Lodginghouse or roominghouse.

“Lodginghouse or roominghouse” means a building with not more than five guest rooms where, for compensation, lodging is provided for five persons but not more than ten persons. (Prior code § 10-3.242)

18.04.260 Lot.

“Lot” means:

A. A parcel of land which is shown as a lot in a subdivision approved pursuant to the provisions of the Subdivision Map Act; or

B. A parcel of real property, the dimensions and boundaries of which are defined by a recorded record of survey map; or

C. A parcel of real property shown on a parcel map, recorded pursuant to the provisions of the Subdivision Map Act; or

D. A parcel of real property lawfully created and dimensioned prior to January 14, 1954. (Urg. Ord. 1682; Ord. 1683 § 1, 2006; prior code § 10-3.243)

18.04.265 Lot area.

“Lot area” means the total area within the lot lines of a lot. No portion of any street, alley, right-of-way or future dedication or easement abutting a lot line shall be included in the computation of lot area.

(Urg. Ord. 1682; Ord. 1683 § 1, 2006; prior code § 10-3.244)

18.04.270 Lot, corner.

“Corner lot” means a lot situated at the intersection of two or more streets, having an angle of intersection of not more than one hundred thirty-five degrees. (Prior code § 10-3.245)

18.04.273 Lot coverage.

“Lot coverage” means that amount of land area on the lot or parcel of land, which is occupied by structures or buildings.

(Urg. Ord. 1682; Ord. 1683 § 1, 2006)

18.04.275 Lot, cul-de-sac.

“Cul-de-sac lot” means a lot fronting on, or with more than one-half its width fronting on, the turnaround end of a cul-de-sac street. (Prior code § 10-3.246)

18.04.280 Lot depth.

“Lot depth” means the horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines. (Prior code § 10-3.247)

18.04.285 Lot, interior.

“Interior lot” means a lot other than a corner lot. (Prior code § 10-3.248)

18.04.290 Lot, key.

“Key lot” means the first lot to the rear of a reversed corner lot and not separated therefrom by an alley. (Prior code § 10-3.249)

18.04.295 Lot line, front.

“Front lot line” means, in the case of an interior lot, a line separating the lot from the street and in the case of a corner lot, a line separating the narrowest street frontage of the lot from the street except in those cases where the latest tract deed restrictions specify another line as the front lot line. (Prior code § 10-3.250)

18.04.300 Lot line, rear.

“Rear lot line” means a lot line which is opposite and most distant from the front lot line and, in the case of an irregular, triangular, or gore-shaped lot, a line within the lot parallel to and at a maximum distance from the front lot line, having a depth of not less than ten feet. (Prior code § 10-3.251)

18.04.305 Lot line, side.

“Side lot line” means any lot boundary line not a front lot line or a rear lot line. (Prior code § 10-3.252)

18.04.310 Lot, reversed corner.

“Reversed corner lot” means a corner lot, the side street line of which is substantially a continuation of the front line of the lot upon which it rears. (Prior code § 10-3.253)

18.04.315 Lot, through.

“Through lot” mean a lot having frontage on two parallel or approximately parallel streets. (Prior code § 10-3.254)

18.04.320 Lot width.

“Lot width” means the horizontal distance between the side lot lines, measured at right angles to the lot depth at the building line. (Prior code § 10-3.255)

18.04.325 Main building.

“Main building” means a building within which is conducted the principal use permitted on the lot as provided in this chapter. (Prior code § 10-3.256)

18.04.330 Mall.

“Mall” is a roofed or covered common pedestrian area within a covered mall building which serves as access for two or more tenants and may have three levels that are open to each other. (Prior code § 10-3.256.01)

18.04.335 Mall building, covered.

“Covered mall building” means a single building enclosing a number of tenants and occupancies such as retail stores, dining and food service establishments, entertainment and amusement facilities, and other similar uses wherein two or more tenants have a main entrance into one or more covered malls. The term includes “shopping mall,” “merchandise mart,” “indoor mart,” “fashion mart,” “galleria,” and similar words and phrases commonly used to describe general retail sales activities in a covered mall. For purposes of this section, gross leasable area is the total floor designed for tenant occupancy and exclusive use. The area of tenant occupancy is measured from the center lines of joint partitions to the outside of the tenant walls. All tenant areas, including areas used for storage, shall be included in calculating gross leasable area. (Prior code § 10-3.256.02)

18.04.338 Massage.

“Massage establishment,” for purposes of this title, only means any business located in the city from which any person administers a massage, as defined in Section 5.48.010(C) of this code, in a separate enclosed space and where such services constitute twenty-five percent or more of the business as measured by the percentage of gross receipts or floor area devoted to the provision of massages, whichever is greater. (Ord. 1487 § 4, 1995)

18.04.339 Medical and dental offices and clinics.

“Medical and dental offices and clinics” means the facilities of any licensed member of the healing arts as set forth in the California Business and Professions Code, engaged in the practice of general or specialized medicine (M.D.), specialized osteopathic medicine or surgery (D.O.), chiropractic medicine (D.C.), optometry (O.D.), podiatry (D.P.), as well as those of any licensed member of the dental profession engaged in general or specialized dentistry (D.M.D. or D.D.S), and other licensed health practitioners, including but not limited to acupuncturists, audiologists, psychotherapists, dental hygienists, dietitians, occupational therapists, physical therapists, psychologists, and speech pathologists. (Ord. 1517 § 5, 1997)

18.04.340 Mobile home.

“Mobile home” means a detached residential dwelling structure on a permanent chassis produced in a factory and transported to the site where it is placed on a permanent or temporary foundation and connected to the necessary utilities. (Prior code § 10-3.256.1)

18.04.345 Mobile home park.

“Mobile home park” means any area or tract of land where two or more mobile home lots are rented or leased to accommodate mobile homes used for human habitation. The rental paid for any such mobile home shall be deemed to include the rental for the lot it occupies. (Prior code § 10-3.256.2)

18.04.350 Mini-market.

“Mini-market” means any small retail store selling a broad array of grocery and household products and staples, operated in conjunction with a service station.

(Urg. Ord. 1667 § 9, 2004; prior code § 10-3.256.3)

18.04.355 Mobile recycling unit.

“Mobile recycling unit” means an automobile, truck, trailer or van, licensed by the Department of Motor Vehicles which is used for the collection of recyclable materials. A mobile recycling unit also means the bins, boxes or containers transported by trucks, vans or trailers and used for the collection of recyclable materials. (Prior code § 10-3.256.4)

18.04.360 Motel.

“Motel” means a group of attached or detached buildings containing guest rooms or sleeping rooms, some or all of which have a separate entrance leading directly from the outside of the building with garage attached or automobile parking space conveniently located on the lot or parcel of land, and which is designed, used or intended to be used for the accommodation of automobile travelers or tourists. Motels shall include motor inns, motor lodges, auto courts, tourist courts and similar designations. (Prior code § 10-3.257)

18.04.361 Motor vehicle dealership.

“Motor vehicle dealership” means any business establishment, which sells or leases new or used automobiles, trucks, vans, trailers, recreational vehicles, boats or motorcycles or other similar motorized transportation vehicles. (Urg. Ord. 1667 § 10, 2004)

18.04.363 Neighborhood market.

“Neighborhood market” means any small retail market selling a full range of food and household products, which may include meat, dairy, produce, dry goods and beverages, in 7,500-10,000 square feet tenant space or building. (Urg. Ord. 1667 § 11, 2004)

18.04.365 Nonconforming building.

“Nonconforming building” means a building, or portion thereof, which was lawfully constructed or structurally altered in accordance with the zoning regulations of the city in effect at the time of construction or alteration, but which does not conform to current regulations contained in this title.

(Urg. Ord. 1682; Ord. 1683 § 1, 2006; prior code § 10-3.258)

18.04.370 Nonconforming use.

“Nonconforming use” means use of a building, land, or improvement, which was lawfully established in conformance with the zoning regulations of the city in effect at the time the use was established, but which does not comply with one or more of the regulations currently applicable to the zone in which the use is located. (Urg. Ord. 1682; Ord. 1683 § 1, 2006; prior code § 10-3.258)

18.04.372 Nursing and personal care facility.

“Nursing and personal care facility” means an establishment primarily engaged in providing inpatient rehabilitative services to patients who require supervised health care, such as convalescent homes, skilled nursing facilities, convalescent homes for psychiatric patients, domiciliary care with health care, homes for the mentally retarded with health care, and rest homes with health care. (Ord. 1517 § 6, 1997)

18.04.374 Parcel delivery service.

DELETED

(Ord. 1598 § 1 (part), 2000; Ord. 1597 § 1 (part), 2000; Urg. Ord. 1667 § 12, 2004)

18.04.375 Parking area, public.

“Public parking area” means an open area, other than a street, alley, or place, used for the temporary parking of automobiles and available for public use, whether free, for compensation, or as an accommodation for clients or customers. (Prior code § 10-3.262)

18.04.380 Parking space, automobile.

“Automobile parking space” means a space within a building or public parking area for the temporary parking or storage of one automobile, exclusive of streets, alleys, driveways, aisles and the area of ingress or egress. Such parking space, when enclosed within a building, shall consist of an area not less than nine feet wide and twenty feet deep having access at all times to a public street or alley. All open parking spaces shall consist of an area not less than nine feet wide and twenty feet deep having access at all times to a public street or alley. (Prior code § 10-3.263)

18.04.382 Pawn shop.

“Pawn Shop” means a place in which the business of a pawnbroker is conducted. Pawnbroker shall have the same meaning as set forth in Financial Code Section 21000 as the same may be amended from time to time. Pawnbroker is any person engaged in the business of receiving goods, including motor vehicles in pledge as security for a loan. (Ord. 1661 § 1, 2004)

18.04.385 Petroleum bulk plant.

“Petroleum bulk plant” means a local wholesale distribution facility designed to serve the needs of the immediate surrounding area. (Prior code § 10-3.264)

18.04.387 Pharmacy.

“Pharmacy” means an establishment engaged in the retail sale of federal and state authorized prescription drugs and nonprescription medicines, and which may also carry a number of additional items, such as cosmetics, toiletries, tobacco, and novelty merchandise. (Urg. Ord. 1682; Ord. 1683 § 1, 2006; Ord. 1517 § 7, 1997)

18.04.390 Processing facility.

“Processing facility” means a building or enclosed space used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment, or to an end user’s specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning and remanufacturing. Processing facilities include light processing facilities and heavy processing facilities. Light processing facility shall mean a facility which occupies an area of under forty-five thousand square feet of gross collection, processing and storage area and has up to an average of two outbound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact or bale ferrous metals other than food and beverage containers. Heavy processing facility shall mean any processing facility other than a light processing facility. (Prior code § 10-3.264.1)

18.04.395 Recyclable material.

“Recyclable material” means reusable material including but not limited to metals, glass, plastic and paper, which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials. Recyclable material may include used motor oil collected and transported in accordance with Sections 25250.11 and 25143.2(b)(4) of the California Health and Safety Code. (Prior code § 10-3.264.2)

18.04.400 Recycling facility.

A “recycling facility” is a center for the collection and/or processing of recyclable materials. A certified recycling facility or certified processor means a recycling facility certified by the California Department of Conservation as meeting the requirement of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial or manufacturing use and used solely for the recycling of material generated by the residential property, business or manufacturer. Recycling facilities may include small collection facilities, large collection facilities, or processing facilities. (Prior code § 10-3.264.3)

18.04.405 Reverse vending machine.

“Reverse vending machine” means an automated mechanical device which accepts at least one or more types of empty beverage containers including, but not limited to aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container’s redemption value as determined by the state. A reverse vending machine may sort and process containers mechanically provided that the entire process is enclosed within the machine. In order to accept and temporarily store all three container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary. (Prior code § 10-3.264.4)

18.04.410 Roominghouse.

“Roominghouse” means the same as “lodginghouse or roominghouse.” (See Section 18.04.255) (Prior code § 10-3.266)

18.04.412 Second hand store and/or thrift shops.

“Second hand store” and/or “thrift shop” means a profit or non-profit business or organization that engages in, or specializes in, the sale or resale of second hand merchandise or goods, and whose goods may be principally donated or sold on consignment. This classification does not include antique stores. (Ord. 1661 § 1, 2004)

18.04.413 Self-storage facility.

“Self-storage facility” means a structure or group of structures containing generally small, compartmentalized storage places or lockers which are rented or leased to individuals or businesses, who have direct access to such spaces for the purpose of storing personal or business property. (Urg. Ord. 1667 § 13, 2004)

18.04.415 Semi-subterranean parking structure.

“Semi-subterranean parking structure” means a structure not used for occupancy but primarily for parking purposes which structure is totally or partially below grade. “Grade” means the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line or, when the property line is more than five feet from the building, between the building and a line five feet from the building.

A semi-subterranean parking structure shall not be considered a story, except if said structure is partially or totally above grade, additional side and rear yard setbacks will be required. (Prior code § 10-3.267.1)

18.04.420 Site plan.

“Site plan” means a plan, prepared to scale, showing all of the uses proposed for a specific property. The plan shall show clearly and with full dimensioning all buildings, building heights, spaces between buildings, off-street parking and loading spaces, points of ingress and egress, walls, fences, landscaping features, and any additional information which may be deemed necessary by the building official to clearly define the intended use of the property and determine its conformity with the provisions of this chapter and any conditions imposed in connection with a variance or conditional use permit. (Prior code § 10-3.269)

18.04.425 Story.

“Story” means that portion of a building included between the surface of any one floor and the floor next above it or, if there shall be no floor above it, the space between such floor and the ceiling next above it. (Prior code § 10-3.270)

18.04.430 Street.

“Street” means a public thoroughfare or right-of-way dedicated, deeded or condemned for use as such, other than an alley, which affords principal means of access to abutting property. (Prior code § 10-3.271)

18.04.435 Street line.

“Street line” means the boundary line between the street and abutting property. (Prior code § 10-3.272)

18.04.440 Street, side.

“Side street” means that street bounding a corner lot and which extends in the same general direction as the line determining the depth of the lot. (Prior code § 10-3.273)

18.04.445 Structural alteration.

“Structural alteration” means any change in the supporting members of a building, such as bearing walls, columns, beams or girders, floor joists or roof joists, girders or rafters, or changes in roof or exterior lines. (Prior code § 10-3.274)

18.04.450 Structure.

“Structure” means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which work requires location on the ground or is attached to something having a location on the ground, including billboards and outdoor advertising structures, and excluding outdoor areas, such as patios, paved areas, walks, swimming pools, tennis courts, and similar recreation areas, fences or walls used as fences six feet or less in height. (Prior code § 10-3.275)

18.04.453 Supermarket.

“Supermarket” means a large retail market or store selling a wide range of food and beverage and household items. Included within the premises of a supermarket may be a bakery, butcher shop, flower shop, coffee shop, financial institution, pharmacy, and video rental shop.

(Urg. Ord. 1667 § 14, 2004)

18.04.455 Swap meet.

“Swap meet” means a retail commercial use, conducted out-of-doors, where new or used merchandise is offered or displayed for sale or exchange by two or more vendors from individual stalls. “Swap meet” includes “flea market,” “bazaar,” “open air market,” and similar words and phrases commonly used to describe a swap meet. “Swap meet” shall not include any activity set forth in Chapter 18.60 of this code. (Prior code § 10-3.275.1)

18.04.460 Trailer, automobile.

“Automobile trailer” means a vehicle without motive power designed to be drawn by a motor vehicle and to be used for human habitation or for carrying persons and property, including a trailer coach. (Prior code § 10-3.276)

18.04.465 Trailer park.

“Trailer park” means any area or tract of land used or designed to accommodate two or more automobile trailers. (Prior code § 10-3.277)

18.04.470 Transient.

“Transient” means a person receiving accommodations for a price, with or without meals, for an indefinite rental period of time. (Prior code § 10-3.278)

18.04.471 Trucking use.

DELETED.

(Ord. 1598 § 1 (part), 2000: Ord. 1597 § 1 (part), 2000; Urg. Ord. 1667 § 15, 2004)

18.04.475 Use.

“Use” means the purpose for which land or a building is arranged, designed or intended, or for which either is or may be occupied or maintained. (Prior code § 10-3.279)

18.04.480 Yard.

“Yard” means an open space, other than a court, on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided. (Prior code § 10-3.280)

18.04.485 Yard, front.

“Front yard” means a yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line or planned street line and the closest permissible point on a building on the lot, excepting the limited projections permitted in this chapter. (Prior code § 10-3.281)

18.04.490 Yard, rear.

“Rear yard” means a yard contiguous to the rear line of a lot and extending from side lot line to side lot line, the depth of which is the minimum horizontal distance between the rear lot line and the closest permissible point on a building on the lot, excepting the limited projections permitted in this chapter. On a corner lot the rear yard shall extend from the interior side lot line to the side yard on the street side. (Prior code § 10-3.282)

18.04.495 Yard, side.

“Side yard” means a yard contiguous to the side lot line, extending from the front yard, or front lot line where no front yard is required, to the rear yard, or rear lot line where no rear yard is required, the width of which side yard is the minimum horizontal distance between the side lot line and the closest permissible point on a building on the lot, excepting the limited projections permitted in this chapter. (Prior code § 10-3.283)

18.04.500 Warehouse.

“Warehouse” means a building where goods or products are stored, whether on a short-term or long-term basis. This classification shall not include self-storage facilities as defined in Section 18.04.413.

(Urg. Ord. 1667 § 16, 2004; prior code § 10-3.284)