Chapter 23.08
DEFINITIONS

Sections:

23.08.010    Purpose.

23.08.020    Definitions.

23.08.010 Purpose.

This chapter provides definitions of terms and phrases used in this title that are technical or specialized, or that may not reflect common usage. If any of the definitions in this chapter conflict with definitions in other provisions of the Pacific Grove Municipal Code, these definitions shall control for the purposes of this title. If a word is not defined in this chapter, or in other provisions of this title, the most common dictionary definition is presumed to be correct. [Ord. 13-003 § 5, 2013].

23.08.020 Definitions.

A. Definitions.

“Accessory building” means a subordinate building the use of which is incidental to that of the main building on the same lot.

“Accessory use” means a use incidental and accessory to the principal use of real property or a building located on the same building site, or for which a use permit has been issued pursuant to PGMC 23.64.185.

“Adult-oriented sales” means the sale, for any form of consideration, of one or more of the following:

(1) Books, magazines, periodicals, or other printed matter, photographs, drawings, motion pictures, slides, films, tapes, video cassettes, records, or other visual or audio representations that are characterized by an emphasis upon the depiction or description of sexual activities or anatomical areas;

(2) Instruments, devices, or paraphernalia that are designed to be used in connection with sexual activities; or

(3) Goods that are replicas of or that simulate anatomical areas, or goods that are designed to be placed on or in anatomical areas or used in conjunction with sexual activities.

“Agreement of sale” means any agreement or written instrument which provides that title to any property shall thereafter be transferred from one owner to another owner, including a lease with option to buy.

“Alcoholic beverage” means any beverage meeting the definition of Section 23004 of the California Business and Professions Code (CBPC).

“Alley” means any public right-of-way for vehicular and pedestrian traffic which is 16 feet or less in width. An alley shall not be considered a street in determining corner lots, required yard setbacks, or street frontages.

Ambulance Service. See “Medical Service.”

“Amplified music, entertainment, or speech” means electronic amplification of recorded music, live music, live entertainment, or of persons speaking at meetings or events. See “Entertainment, live.”

Animal Hospital. See “Animal Keeping/Training Facility or Veterinary Service.”

Animal Keeping/Training Facility or Veterinary Service.

(1) Veterinary Clinic, Animal Hospital. Office and indoor medical treatment facilities used by veterinarians, including large- and small-animal veterinary clinics and animal hospitals.

(2) Kennel, Animal Boarding and Training. A commercial facility for the grooming, keeping, boarding or maintaining of four or more dogs, or four or more cats, or a combination thereof, except for dogs or cats for sale in pet shops or in animal hospitals. Includes pet day care and pet training.

“Apartment house” means a building or portion thereof used and designated as a nontransient residence for three or more families living independently of each other and doing their own cooking in said building. This shall not be deemed to include cottage courts, auto courts, motels, hotels, or other buildings, used or intended to be used for the accommodation of transient automobile travelers or other transient guests. An apartment house shall not include any timeshare project as defined in Section 11003.5 of the Business and Professions Code, added by Chapter 601 of the Statutes of 1980.

Automobile Court, Cottage Court, or Motor Lodge. See “Lodging.”

“Automobile/vehicle repair” means all activities involving automobile and vehicle repair, including: top, body, and upholstery repair; auto glass installation; body painting; general repair, rebuilding or reconditioning of engines, motor vehicles, or trailers; and collision service including body or frame.

“Automobile/vehicle sales and rental” means a retail establishment selling or renting new or used automobiles, light trucks, boats, campers, mobile homes, and/or motorcycles. Vehicles for sale may be displayed outdoors or indoors. May also include repair services and the sales of parts and accessories that are incidental to the primary use. Does not include service stations (see “Automobile/vehicle service station”).

“Automobile/vehicle service station” means a building and/or lot with pumps and storage tanks where motor vehicle fuels, lubricating oil, grease, or accessories for motor vehicles are dispensed, sold, or offered for retail sale only. May also include car washing and repair services incidental to the primary use.

B. Definitions.

“Bank or financial service” means banks and financial institutions including: banks and trust companies; credit unions; lending and thrift institutions; brokerage firms; title companies; and vehicle finance leasing agencies.

“Bar/tavern/nightclub” means a drinking establishment where food service is not required. See “Drinking establishment.”

Bed and Breakfast Inn. See “Lodging.”

“Block” means the properties on both sides of a street and lying between the two nearest intersecting streets or city boundary.

Boardinghouse. See “Roominghouse.”

“Bona fide public eating place” means an eating establishment meeting the provisions of Section 23038 of the California Business and Professions Code (CBPC). See “Eating establishment.”

“Brew pub” means an eating establishment at which beer is manufactured in limited quantities for on-site and off-site sales, distribution, and consumption, and is combined with a general restaurant, pub, or sports bar. See “Eating establishment.”

“Building” means any structure having a roof supported by columns or by walls and designed for the shelter or housing of any person, animal, or personal property.

“Building coverage” means the portion of a site which is covered by the fully enclosed portion of all buildings larger than 120 square feet, as well as by open carports. Building coverage is expressed as a percentage. In determining building coverage, the following shall not be counted: eaves and/or cantilevered portions of buildings, decks, open porches, and open stairways and landings.

“Building site” means a lot or parcel of land, in one ownership, and occupied or to be occupied by a main building and accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as are required by the terms of this title, and having its principal frontage on a street, road or highway.

“Business support service” means an establishment within a building that provides services to other businesses. Examples of these services include: computer-related services (rental, repair), mailing and mail box services. Does not include printing and copying (see “Printing or creative service”) or the sales, storage, or rental of heavy equipment.

“Buyer” means any person, co-partnership, association, corporation, fiduciary, or other legal or business entity which intends to sign an agreement or instrument which on its face appears to be legally binding or is intended to be legally binding, subject to specified conditions. Such agreement or instrument shall include, but is not necessarily limited to, a deposit receipt, seller’s instructions, contract of sale, exercise of option to buy, or executed deed when there is no prior written agreement.

C. Definitions.

“Catering and events” means a business that prepares food either for an on-site event or for consumption off-premises.

“Chief planner” is deemed a reference to the community development director’s designee.

Clinic or Lab. See “Medical service.”

Coffee House. See “Restaurant, specialty.”

“Commercial recreation facility, indoor” means uses that include all indoor commercial recreation and amusement facilities including: bowling alleys, indoor sports arenas, indoor sports facilities, dance halls, video arcades, and billiard parlors. Does not include movie theaters (see “Theater or auditorium”).

“Commercial recreation facility, outdoor” means uses that include outdoor commercial amusement facilities including: golf driving ranges, outdoor stadiums, racing facilities, music arenas, amusement parks, miniature golf establishments, water slides, and batting cages.

“Commercial uses” means, in addition to the common definitions of the term, any sale or whole- sale of personal property, whether new or used, except for sales which may be permitted by Chapter 11.10 PGMC.

“Community development director” is deemed a reference to the director of the Pacific Grove community development department or designee.

“Community garden” means an area where neighbors, residents, and members of the public have the opportunity to contribute and manage the cultivation of plants.

“Construction and other large-scale equipment sales and rental” means retail establishments selling or renting construction, farm, or other heavy equipment. Examples of heavy equipment include cranes, earth moving equipment, tractors, motorized farming equipment, heavy trucks, tools and machinery, and refrigeration equipment.

“Contract construction, no outdoor storage” means an establishment providing contract construction related services such as building construction, general contractors, and subcontractors as defined in the Business and Professions Code of the state of California with no outdoor storage. Examples of these uses include: cabinet and carpenter shops; concrete and masonry; drywall; electrical; flooring; glass and glassing; heating and air conditioning; insulation; landscaping; painting; plumbing and fire sprinkler; roofing; swimming pool installation; and similar builder and contractor businesses.

“Contract construction, outdoor storage” means an establishment providing contract construction related services such as building construction, general contractors, and subcontractors as defined in the Business and Professions Code of the state of California, with outdoor storage of large equipment, vehicles, and/or materials commonly used in the establishment’s type of business. Examples of these uses include: cabinet and carpenter shops; concrete and masonry; drywall; electrical; flooring; glass and glassing; heating and air conditioning; insulation; landscaping; painting; plumbing and fire sprinkler; roofing; swimming pool installation; and similar builder and contractor businesses.

Coverage. See “Building coverage” and “Site coverage.”

D. Definitions.

“Deer fence” means fencing used specifically to prevent the passage of deer.

“Development” means the division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; or any use or extension of the use of land.

“Discretionary development” means a development application that, by code, is required to be considered by a review authority that has the discretion to approve, conditionally approve, or deny the application.

“District” means a portion of the city within which certain uses of land and buildings are permitted or prohibited and within which certain yards and other open spaces are required and certain height limits are established for buildings, all as set forth and specified in this title.

“Drinking establishment” means an establishment where the primary activity is the on-site service and consumption of alcoholic beverages. The limited service of food may or may not be included.

“Duplex” means a building designed for or occupied exclusively by two families living independently of each other.

“Dwelling group” means a group of two or more detached or semidetached one-family, two-family, or multiple dwellings occupying a parcel of land, in one ownership and having any yard or court in common. This shall not be deemed to include cottage courts, auto courts, motels, hotels, or other buildings used or intended to be used for the accommodation of transient automobile travelers or other transient guests. A dwelling group shall not include any timeshare project as defined in Section 1103.5 of the Business and Professions Code as added by Chapter 601 of Statutes of 1980.

E. Definitions.

“Eating establishment” means a business primarily engaged in preparing and serving food and/or beverages for consumption on or off the premises.

“Emergency shelter” means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.

“Entertainment, live” means a musical, theatrical, dance, or comedy performance by one or more persons. Dancing by patrons or guests is considered live entertainment. Does not include adult live entertainment (see “Entertainment, live (adult)”), but shall include belly dancing and hula dancing (see “Entertainment, live (belly dancing/hula)”).

“Entertainment, live (adult)” means live entertainment by one or more persons characterized by an emphasis on the display of anatomical areas, or the performance of physical human body activity that depicts or relates to sexual activities, whether or not anatomical areas are covered. Does not include belly or hula dancing (see “Entertainment, live (belly dancing/hula)”).

“Entertainment, live (belly dancing/hula)” means a dance marked by sinuous movements of the hips, belly, arms and hands.

“Equipment/appliance rental and repair” means a service establishment that may offer a wide variety of household and business equipment, furniture, and materials for rental. Also includes repair service for business equipment and furnishings, household yard equipment and appliances, and audio, video and computer machines.

Existing Grade. See “Grade.”

F. Definitions.

“Family” means an individual or two or more persons living together as a single household in a dwelling unit. Family shall not be construed to include a fraternity, sorority, club, or other group of persons occupying a hotel, lodging house, or institution of any kind.

Family Day Care Home.

(1) “Small family day care” means a day care facility in a single residence where an occupant of the residence provides family day care for eight or fewer clients, including adult clients, and children under the age of 10 years who reside in the home.

(2) “Large family day care” means a day care facility in a single residence where an occupant of the residence provides family day care for nine to 14 clients, inclusive, including adult clients, and children under the age of 10 years who reside in the home.

“Farmers market” means a business established and operated at a specific time, oftentimes on the same day each week, which consists of individual vendors, mostly local farmers, where fresh fruits, vegetables, flowers, nuts, other produce, and sometimes prepared foods and beverages and other wares are sold directly to the public. Such business may be conducted within or outside a building.

“Fence” means any vertical structure, not integral to any building, used as a barrier to define boundaries, to prevent the passage of people and animals, and/or screen off or enclose a portion of property, not including structures, or portions of structures, designed to support a roof, awning, or other horizontal structure, such as the wall of a building. Wing walls or other extensions of a building wall that do not support the building shall be included in the definition of a fence for purposes of this title.

Finished Grade. See “Grade.”

Fitness Studio. See “Health/fitness studio.”

“Flea market” means a business established and operated at a specific time, oftentimes on the same day of the week, which consists of a group of coordinated vendors selling wares directly to the public. Such business may be conducted within or outside a building.

Funeral Home. See “Mortuary or funeral home.”

G. Definitions.

“Garage space” means a space of not less than nine by 20 feet.

“Garden structures” includes arbors, trellises, pergolas, arches, and other similar open structures that are primarily designed to support the growth of plants or to provide shade and shelter in a garden or yard. Garden structures do not include accessory buildings, gazebos with a solid roof and floor, cisterns, hot tubs, fountains, walls, fences, hedges, and other similar features. The area of a garden structure area is calculated from the structure’s largest horizontal dimensions.

Grade.

(1) “Existing grade” means the surface of the ground as it exists prior to disturbance in preparation for a project regulated by the Pacific Grove Municipal Code.

(2) “Natural grade” means the elevation of the ground in its natural state, before grading, excavation, or filling.

(3) “Finished grade” means the final elevation of the ground level after grading, excavation, or filling.

“Gross floor area” means the total enclosed areas of all floors of buildings greater than 120 square feet, plus carports, where the ceiling is at least seven feet tall. In calculating gross floor area, buildings shall be measured to the outside surface of exterior walls, and carports to the outside surfaces of supporting posts. Gross floor area is expressed in square feet.

(1) In determining gross floor area, the following shall be counted:

(A) Covered and fully enclosed porches, regardless of whether conditioned/unconditioned; and

(B) Mezzanines, hallways, breezeways, and corridors.

(2) In determining gross floor area, the following shall not be counted:

(A) Accessory structures less than or equal to 120 square feet;

(B) Covered open, or partially open, porches;

(C) Those portions of cellars/basements where the ceiling is not more than two feet above finish grade at any point;

(D) Eaves and/or cantilevered portions of buildings;

(E) Garden structures.

(3) In determining gross floor area, the following provisions shall also apply:

(A) Areas with an interior finished height that is greater than 16 feet shall be counted twice, with the exception of interior stairways that are no wider than eight feet.

(B) If required covered parking is not provided, the allowed gross floor area shall be reduced by the equivalent square footage.

“Group quarters” means residential living arrangements, other than the usual house, apartment or mobile home, in which two or more unrelated persons share living quarters and cooking facilities. Included are “institutional” group quarters, such as licensed residential care facilities for 25 or more persons and orphanages, and “noninstitutional” group quarters, such as dormitories, shelters, and large boarding houses.

H. Definitions.

“Health/fitness studio” means a fitness center, gymnasium, or health and athletic club, which may include any of the following: dancing studios or academies; indoor tennis, handball, or racquetball; yoga studios; martial arts studios; sauna, spa or hot tub facilities; and other indoor sports activities.

“Height” means the vertical distance from any point on the top of a structure to a line connecting grades on opposite sides of a structure’s exterior. If finished, natural, or existing grades are different at the structure’s exterior, the lowest of these is used in applying this definition.

“Home business” means a use of a type customarily carried on entirely within a dwelling, which business shall be carried on by only the inhabitants of the dwelling for gain, but incidentally and secondarily to the use of the dwelling for dwelling purposes, and which does not, either by noise, attraction of customers, exterior architectural changes or signs of any kind, give any hint to the surrounding neighborhood that the dwelling is being used for other than dwelling purposes.

Hospital. See “Medical service.”

Hotel. See “Lodging.”

“Household” means a family jointly occupying a single dwelling unit, including the joint use of and responsibility for common areas, and sharing housekeeping activities and responsibilities such as meal, chores, maintenance, and expenses.

I. Definitions.

“Impervious surface” means a surface artificially constructed so that it prevents or largely inhibits the infiltration of rainwater or runoff into the natural soils or underlying geologic materials.

“Industrial, light” means a manufacturing or processing facility that is more consumer-oriented than business-oriented (i.e., produced for end users rather than as intermediates for use by other industries). Light industries require only a small amount of raw materials, area, and power. The value of the goods is typically low, the number of products is high, and/or they are easy to transport. Light industry typically causes relatively little or no pollution or environmental impacts. Examples of light industries include the manufacture, assembly, or processing of clothes, shoes, furniture, consumer electronics, home appliances, food, and other similarly intensive activities without harmful levels of lead or chemical wastes. Also includes dry cleaning plants and auto towing and storage yards.

“Integral group quarters facilities” means one or more residential housing units within which an integral use occurs that operates in combination with a group quarters facility, which may or may not be located on the same or contiguous parcels of land.

“Integral use” means one or more licensed or unlicensed residential housing units under the control and management of the same owner, operator, management company or licensee, or any affiliate, as a group quarters facility, in which occupants are entitled to receive care, services or amenities of the group quarters facility. Examples include, but are not limited to, the provision of housing in one residential housing unit and treatment, meals, or any other service or services to those occupants in the group quarters facility or facilities, or by assigning staff or a consultant or consultants to provide services or amenities available in the group quarters facility to the occupants of the residential housing units.

J. Definitions.

“Junkyard” means the use of more than 200 square feet of the area of any lot or the use of any portion of that half of any lot, which half adjoins any street, for the storage of junk, including scrap metals or other scrap materials, or for the dismantling or “wrecking” of automobiles or other vehicles or machinery, whether for sale or storage.

K. Definitions.

Kennel, Animal Boarding and Training. See “Animal Keeping/Training Facility or Veterinary Service.”

L. Definitions.

Large Family Day Care. See “Family Day Care Home.”

“Laundry or dry cleaning service” means establishments offering on-site laundry services (may be self-serve or wash/fold/press services) and dry cleaning drop-off and pick-up store fronts. For dry cleaning plants, see “Industrial, light.”

Lodging.

(1) “Bed and breakfast inn” means the use of a residential property for commercial lodging purposes, where there are at least eight rooms available to guests and where the principal buildings were constructed at least 75 years prior to the date of application for the use.

(2) “Hotel” means any building or portion thereof containing six or more guest rooms used, designed or intended to be used, let or hired out to be occupied by transients, and having one principal entryway or entrance, a lobby, or other public room.

(3) “Motel” means any building or portion thereof containing six or more guest rooms used, designed or intended to be used, let or hired out to be occupied by transients, and having dwelling units or guest rooms some or all of which have a separate entrance leading directly from the outside of the building.

(4) “Automobile court, cottage court, or motor lodge” means an establishment designed for or used primarily for the accommodation of transient automobile travelers or other transient guests and having dwelling units or guest rooms some or all of which have a separate entrance leading directly from the outside of the building.

M. Definitions.

“Main building” means a building in which is conducted the principal use on the lot on which it is situated. In any “R” district any dwelling shall be deemed to be a main building on the lot on which the same is situated.

Medical Office. See “Medical Service.”

Medical Service.

(1) “Ambulance service” means a facility where ambulance vehicle and crews not based at a hospital or fire department stand by for emergency calls.

(2) “Clinic or lab” means a facility other than a hospital where medical, dental, mental health, surgical and other personal health services are provided on an outpatient basis. Examples of these uses include: medical offices with five or more licensed practitioners and/or medical specialties; outpatient care facilities; urgent care facilities; and other allied health services. These facilities may also include incidental medical laboratories and testing facilities. Counseling services by other than medical doctors or psychiatrists are included under “Offices, business and professional.”

(3) “Medical office” means a facility other than a hospital where medical, dental, mental health, surgical, and/or other personal health care services are provided on an outpatient basis, and that accommodates no more than four licensed primary practitioners within an individual office suite. A facility with five or more licensed practitioners is classified under “Medical service – clinic or lab.”

(4) “Hospital” means a facility engaged primarily in providing diagnostic services, and extensive medical treatment, including surgical and other hospital services. These establishments have an organized medical staff, inpatient beds, and equipment facilities to provide complete health care. May include on-site accessory clinics and laboratories, accessory retail uses, on-site ambulance dispatch facilities, and meal service.

“Meeting facility, public or private” means a facility for public or private meetings, including churches and other religious facilities, Grange halls, union halls, and meeting halls for clubs, fraternal organizations, and other membership organizations. Also includes functionally related internal facilities such as kitchens, multi-purpose rooms, and storage. Does not include commercial entertainment facilities (see “Commercial recreation facility”) or conference and meeting rooms accessory and incidental to another primary use, such as office space or a hotel/motel.

“Micro-brewery” means a small-scale brewery operation that is solely dedicated to the production of specialty beers, but may include beer tasting under specified conditions pursuant to Section 23357.3 of the California Business and Professions Code (CBPC). If combined with a general restaurant, pub, or sports bar, see “Brew pub.”

“Mobile home” means a vehicle other than a motor vehicle used as semipermanent housing designed for human habitation and containing a minimum of 400 square feet of floor space.

“Mobile home park” means an area of land not less than five acres in size containing facilities to accommodate semipermanent mobile homes.

“Mortuary or funeral home” means a funeral home or parlor where the deceased are prepared for burial or cremation and funeral services may be conducted. Does not include on-site cremation.

Motel. See “Lodging.”

N. Definitions.

Natural Grade. See “Grade.”

“Nonconforming use” means a use which was legal when it was created, but because of subsequent changes in regulations no longer conforms with the regulations for the district in which it is situated.

O. Definitions.

“Offices, business and professional” means premises available for the transaction of general business and services including professional, management, legal, social, or government offices, but excluding retail, artisan, and manufacturing uses. Does not include medical offices. See “Medical services – medical office” or “Bank or financial service.”

“Open yard” means a required open space other than a garage space, which open space is unoccupied and unobstructed from the ground upward, except by eaves, uncovered porches or decks not more than three feet above finished grade, swimming pools, walkways, tennis courts, putting greens, or similar recreational uses, and landscaped with suitable living plant material. The area must be rectangular or composed of a series of rectangles, each having a minimum width of not less than 10 feet. Further, the yard shall not have a slope of more than five percent.

“Owner” means any person, co-partnership, association, corporation, fiduciary, or other legal or business entity having legal or equitable title or any interest in any residential property, or any realtor, real estate broker, or agent representing said owner.

P. Definitions.

“Park, playground (public)” means outdoor sports grounds, indoor sports structures within a park area, playgrounds, tot lots, passive park areas, and other areas of use to the general public for recreation or outdoor diversions, not including commercial recreation facilities (see “Commercial recreation facility”), community gardens (see “Community garden”), or community centers (see “Public or quasi-public facility”).

“Parking facility” means parking lots or structures operated by the city or private entity providing parking with or without a fee. Does not include towing impound and storage facilities, which are defined under “Industrial, light.”

“Parking space” means a space not less than nine feet by 20 feet.

“Parking space, compact” means a space not less than eight feet by 16 feet.

“Personal service” means establishments providing nonmedical services to individuals as a primary use. Examples of these include barber and beauty shops, including body, skin, and nail care; therapeutic massage certified under California Business and Professions Code Section 4612; garment repair and alteration; locksmiths; and shoe repair shops and shoeshine parlors. These uses may also include accessory retail sales of products related to the services provided.

“Personal service, restricted” means establishments providing nonmedical services to individuals, such as noncertified therapeutic massage, tattooing and body art parlors, or bath houses.

Pet Grooming. See “Animal Keeping/Training Facility or Veterinary Service.”

Pet Training. See “Animal Keeping/Training Facility or Veterinary Service.”

“Printing or creative service” means an establishment within a building that provides the following services to individuals or businesses: creative or graphic arts; copying and print shops, including blueprinting; photographic or camera shops and studios; and sign painting or manufacture.

“Pub” means an eating establishment where the primary activity is split between the service of food and the service of alcoholic beverages. Pubs are regularly, and in a bona fide manner (as defined by California Business and Professions Code Section 23038), kept open for the service of meals, and maintain suitable kitchen facilities connected therewith. Includes “sports bars.” See “Eating establishment.”

“Public or quasi-public facility” means public, semi-public, and private preschools, elementary schools, high schools, civic buildings, community centers and other community buildings and uses, and governmental buildings, museums, fire houses, post offices, police stations, libraries, and essential services, any of which may have additional requirements for such use set forth herein.

“Public utility” means installations, facilities or means for furnishing to the public electricity, gas, steam, communications, water, drainage, sewage disposal, or flood control, irrespective of whether such facilities or means are underground or above ground, indoor or outdoor. Utilities may be owned and operated by any person, firm, corporation, municipal department, or board, duly appointed by state or municipal regulations. “Utility” or “utilities” as used herein may also refer to such persons, firms, corporations, departments or boards. Does not include “wireless telecommunications facility.”

R. Definitions.

“Radio or television station” means a building serving a broadcasting organization, consisting of one or more transmitters or receivers used for radio communications or telecommunications.

Recycling Facility.

(1) “Processor” means a state-certified receiver of redeemable recyclable materials providing either collection, storage, separation, distribution, or primary reprocessing of recycled materials.

(2) “Retail certified” means a state-certified recycler providing convenient locations for consumers to redeem beverage containers.

(3) “Wholesale certified” means a state-certified recycler providing both consumer redemption of beverage containers and collection of redeemable containers from other certified recyclers.

“Research and development facility” means a facility for scientific research, which could include the design, development and testing of electrical, electronic, magnetic, optical, computer and telecommunications components in advance of product manufacturing, and the assembly of related products from parts produced off site, where the manufacturing activity is secondary to the research and development activities. Includes pharmaceutical, chemical and biotechnology research and development. Also includes research laboratories, defined as facilities for testing, experimenting, analysis, and/or research. Examples of research and development facilities include medical labs, soils and materials testing labs, and forensic labs.

“Residential care” means residential care facilities for alcoholism recovery, mentally disabled, handicapped, elderly, and dependent and neglected children (including residential care facilities for the elderly (RCFEs) as licensed by the State Department of Social Services). State-licensed residential care facilities for six or fewer persons, excluding the facility operator and staff, shall be considered a family use subject only to the same regulations as apply to other residential dwellings of the same type in the same zone.

“Residential property” means all real property, whether improved or unimproved, which is or, by virtue of the zoning thereon, may be used for residential purposes.

“Restaurant, drive-in/drive-through” means an eating establishment which (1) prepares food intended for consumption in vehicles that may or may not be parked on the site; or (2) provides for the ordering of food while the customers are seated in vehicles. Does not include drive-in/drive-through restaurants that are required by contractual or other arrangement to offer standardized menus, ingredients, food preparation, employee uniforms, interior decor, signage, or exterior design. See “Eating establishment.”

“Restaurant, fast food” means an eating establishment that specializes in short order or quick service; serves food or beverage products primarily in paper, plastic or other disposable containers; and delivers food or beverage products in such a manner that customers may remove such products from the restaurant for consumption. Does not include formula fast food restaurants that are required by contractual or other arrangement to offer standardized menus, ingredients, food preparation, employee uniforms, interior decor, signage, or exterior design. See “Eating establishment.”

“Restaurant, formula general” means an eating establishment that falls under the definition of a general restaurant, and that is required by contractual or other arrangement to offer standardized menus, ingredients, food preparation, employee uniforms, interior decor, signage, or exterior design. See “Eating establishment.”

“Restaurant, general” means an eating establishment where the primary activity is the on-site preparation and service of meals for consumption on the premises using nondisposable dishes and utensils. These include establishments where customers are served from an interior walk-up counter and establishments where customers are served food at their tables, and may include limited takeout. General restaurants are regularly, and in a bona fide manner (as defined by California Business and Professions Code Section 23038), kept open for the service of meals, and maintain suitable kitchen facilities connected therewith. See “Eating establishment.”

“Restaurant, specialty” means an eating establishment where the primary activity is selling one or more of the following specialty food or beverage products for on- or off-premises consumption: coffee, tea, juice, smoothies, ice cream, frozen yogurt, cookies, or similar specialty food or beverage. A specialty restaurant offers seating, and includes, but is not limited to, coffee and tea houses, juice bars, and ice cream/frozen yogurt shops. Such an establishment may include limited service of preprepared foods including but not limited to salads, soups, and sandwiches. A specialty restaurant does not require a full kitchen, and does not include formula specialty restaurants that are required by contractual or other arrangement to offer standardized menus, ingredients, food preparation, employee uniforms, interior decor, signage, or exterior design. See “Eating establishment.”

“Retail, general” means a retail business selling merchandise directly to the end consumer. Examples of these stores and lines of merchandise include:

Apparel and accessories

Food and grocery, including convenience markets with accessory catering for consumption off-premises, produce markets, delicatessens, bakeries, candy shops, and cheese shops

Antiques

Furniture, including home and office furniture

Art supplies and art galleries, including framing shops

Hardware and garden supply, including plant nurseries

Auctioneers

Hobbies and craft shops, including stationery stores, toy stores, yarn shops, and other miscellaneous hobbies and crafts

Bicycle sales, service, and rental

Jewelry stores

Books, new and used

Luggage and leather goods

Computers and electronic equipment

Magazine stores and newsstands

Cameras and photographic supplies

Music stores, including instruments and records, tapes, compact discs, audio and video

Drug stores

Optical stores

Department stores

Sporting goods stores, including exercise equipment

Electronics and appliances

Watch and clock sales and service

Florists

Variety stores

“Retail, outdoor storage display” means a retail business where customers are encouraged to examine and/or experience merchandise in its typical configuration and/or manner of use. Examples include garden shops, plant nurseries, and stone or monument yards.

“Retail, restricted” means a retail business with one of the following specialties: gunsmiths and smoke, cigar, and tobacco shops.

“Roominghouse” means a dwelling other than a hotel, motel, bed and breakfast inn, or apartment house, and accommodating a nontransient occupancy, where lodging and/or meals for three or more persons are provided for compensation.

S. Definitions.

“School, specialty” means a school that provides education and/or training, including vocational training, in limited subjects including: art; business, secretarial and vocational skills; drama; driver education; including courses by mail or on-line; language; music; professional (law, medicine, etc.); and seminaries/religious ministry training facilities. See also “Public or quasi-public facility.” Does not include family day care facilities (see “Family day care home”).

“Second unit” means a second unit as defined in PGMC 23.80.020.

“Site coverage” means the sum of building coverage plus areas covered by impervious surfaces. Site coverage is expressed as a percentage.

(1) In determining site coverage, the following shall be counted:

(A) Sand-set bricks and/or pavers, paving and/or flagstones, asphalt, concrete, mortared brick and stone, and decomposed granite;

(B) Open porches; and

(C) All accessory structures not already counted towards building coverage.

(2) In determining site coverage, the following shall not be counted:

(A) Four hundred square feet of any driveway, except for portions that serve as required parking space(s) or which occupy a required side yard;

(B) Sixty square feet of walkway, stoop, landing, stairway and/or steps in the front yard on building sites which are 50 feet or more in width;

(C) Turf block driveways and walkways, unless covered; and eaves and/or cantilevered portions of buildings.

Small Family Day Care. See “Family day care home.”

Sports Bar. See “Pub.”

“Storage, self-storage facility” means a structure containing individual compartments, stalls, or lockers rented as individual storage spaces and characterized by low parking demand.

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

“Supportive housing” means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an on-site or off-site service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. “Target population” means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people. Supportive housing is a residential use subject only to the same requirements as apply to other residential dwellings of the same type in the same zone.

T. Definitions.

“Taxi service” means a facility where multiple taxis and/or limousines are stored until dispatched. May also include dispatch services, but does not include dispatch services that have no on-site vehicle storage, which are instead included under “Offices, business and professional.”

“Theater or auditorium” means a facility for group entertainment, other than sporting events. Examples of these include: civic theaters, facilities for live theater and concerts, and movie theaters.

Transient. Any building or portion thereof used or designed for accommodations of persons or families staying for a period of less than 30 days, or used, designed to be used, let, or rented on a daily or weekly basis, or advertising accommodations for transient travelers, shall be deemed to be “transient.”

“Transit center” means a sheltered waiting area located where public transportation routes converge. Transit centers serve as hubs to allow transit riders from various locations to assemble at a central point to take advantage of express trips or other route-to-route transfers.

“Transitional housing” means buildings configured as rental housing developments, but operated under program requirements that mandate the termination of assistance and recirculation of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance. Transitional housing is a residential use subject only to the same requirements as apply to other residential dwellings of the same type in the same zone.

U. Definitions.

“Use” means the purpose for which land or premises of a building thereon is designed, arranged or intended or for which it is or may be occupied or maintained.

V. Definitions.

Value, Market Value. The community development director’s determination of value shall be deemed prima facie correct. Any person aggrieved by such determination may appeal to the planning commission within 15 days of such determination. The appellant and the owner of the property shall have 10 days’ written notice of the date the planning commission will hear the appeal.

Veterinary Clinic. See “Animal Keeping/Training Facility or Veterinary Service.”

“Visually insignificant” means an exterior building modification that does not noticeably alter the character or architectural style of the structure as viewed from a public street.

W. Definitions.

“Warehousing, wholesaling and distribution” means an establishment engaged in wholesale storage within a building, and selling merchandise to retailers; contractors, industrial, commercial, institutional, farm, or professional business users; other wholesalers, or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Examples of these establishments include:

Agents, merchandise or commodity brokers, and commission merchants

Trucking and general warehousing

Assemblers, buyers and associations engaged in the cooperative marketing of farm products

Stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment

Frozen food lockers

Wholesale bakeries

Merchant wholesalers

Wholesale trade, durable and nondurable

Miscellaneous retail and wholesale commercial uses, stores or storage and service establishments

 

“Width” means that dimension of a lot which fronts on a street. In the case of frontage on more than one street, it refers to the lesser dimension.

“Wine bar” means a drinking establishment where the primary activity is the tasting and drinking of wine. Food must be available during all hours of operation, but may be limited to snacks, appetizers, small plates, or other similar offerings. A full kitchen is not required. See “Drinking establishment.”

“Wine tasting room” means a drinking establishment where wine and related products are offered for retail sale, and where on-site consumption of wine may be tasted for a fee, or without charge. Food service is not required. See “Drinking establishment.”

“Wireless telecommunications facility” means antennas and towers, either individually or together, and associated equipment and structures used for wireless telecommunications purposes. Includes commercial radio, television antennas, and commercial communication transmitters or towers.

Y. Definitions.

“Yard” means an open space other than a court on the same lot with a building, which open space is unoccupied and unobstructed from the ground upward, except as otherwise permitted in PGMC 23.64.150 to 23.64.180, inclusive. [Ord. 16-005 § 3, 2016; Ord. 13-008 § 2, 2013; Ord. 13-003 § 5, 2013].