Part 2. Definitions

Chapter 18.25
DEFINITIONS

Sections:

18.25.010    Use of definitions.

18.25.020    Reserved.

18.25.030    Abutting.

18.25.040    Acreage, gross.

18.25.050    Acreage, net.

18.25.060    Administrative and executive office.

18.25.070    Adult-oriented business definitions.

18.25.080    Agent of owner.

18.25.090    Agriculture.

18.25.100    Alcove.

18.25.110    Alley or lane.

18.25.120    Alter.

18.25.130    Amenity.

18.25.140    Antenna.

18.25.150    Apartment, community.

18.25.160    Apartment, efficiency and single room occupancy (SRO) units.

18.25.170    Apartment vacancy rate.

18.25.180    Applicant.

18.25.190    Arterials.

18.25.200    Repealed.

18.25.210    Assembly use.

18.25.220    Astrology.

18.25.230    Automobile repair, major.

18.25.240    Automobile repair, minor.

18.25.250    Automobile sales area.

18.25.260    Automobile service station.

18.25.270    Automobile wrecking yard.

18.25.280    Banquet hall.

18.25.290    Basement.

18.25.300    Bay window.

18.25.310    Bed and breakfast inn.

18.25.320    Beginning of construction.

18.25.324    Bicycle, motorized.

18.25.325    Bicycle parking, long-term.

18.25.327    Bicycle parking, short-term.

18.25.330    Biosafety level (BSL).

18.25.340    Boardinghouse or rooming house.

18.25.350    Board of adjustments.

18.25.360    Building.

18.25.370    Building height.

18.25.380    Building, principal.

18.25.390    Building site.

18.25.400    Bus.

18.25.410    Camper.

18.25.420    Camper vehicle.

18.25.430    Car detailing.

18.25.440    Caretaker quarters.

18.25.450    Carport.

18.25.460    Car wash.

18.25.470    Cellar.

18.25.480    Certificate of occupancy.

18.25.490    Cessation of use.

18.25.500    Repealed.

18.25.510    City council.

18.25.520    Club, community.

18.25.530    Collector street.

18.25.540    Combining district.

18.25.550    Commercial.

18.25.560    Commission.

18.25.570    Community development director.

18.25.580    Compactor.

18.25.590    Concert hall.

18.25.600    Conditional use permit.

18.25.610    Condominium.

18.25.620    Condominium development.

18.25.630    Construction yard.

18.25.640    Controlled access highway.

18.25.650    Convenience food store.

18.25.660    Convenience zone.

18.25.670    Corporation yard – Service yard – Fleet yard – Contractor’s storage yard.

18.25.680    Court.

18.25.690    Dance club and discotheque.

18.25.700    Day and night average sound level.

18.25.710    Day care, child.

18.25.720    Day care facility for adults.

18.25.730    Dead storage of vehicles.

18.25.750    Density.

18.25.760    Density distribution/average density.

18.25.770    Department store.

18.25.772    Design review, discretionary.

18.25.773    Design review, ministerial.

18.25.780    Development, conventional.

18.25.790    Development, nonconventional.

18.25.800    Development project.

18.25.802    Development review staff.

18.25.810    Dinner theater.

18.25.820    Reserved.

18.25.830    Reserved.

18.25.840    District.

18.25.850    Domestic pet.

18.25.860    Drinking place.

18.25.870    Drive-in eating place.

18.25.880    Drive-in enterprise.

18.25.890    Driveway.

18.25.900    Driveway aisle, major.

18.25.910    Dwelling.

18.25.920    Dwelling, duet.

18.25.930    Dwelling group.

18.25.940    Dwelling, multiple.

18.25.950    Dwelling, secondary.

18.25.960    Dwelling, single-family.

18.25.970    Dwelling, two-family or duplex.

18.25.980    Dwelling unit.

18.25.990    Easement.

18.25.1000    Eating place with all alcoholic beverages.

18.25.1010    Eating place with beer and wine.

18.25.1020    Eating place without alcoholic beverages.

18.25.1030    Emergency shelters.

18.25.1035    Enforcement officer.

18.25.1040    Exhibition or conference halls.

18.25.1050    Expressway.

18.25.1060    Family.

18.25.1070    Family day care home, large.

18.25.1080    Family day care home, small.

18.25.1090    Fast-food restaurant.

18.25.1100    Fence.

18.25.1110    Fence, finished appearance.

18.25.1120    Fence height.

18.25.1130    Fence, open.

18.25.1140    Firearms.

18.25.1150    Firearms dealer.

18.25.1160    Floodproof.

18.25.1170    Floodwater.

18.25.1180    Floodwater without velocity.

18.25.1190    Floodway.

18.25.1200    Floor area or gross floor area.

18.25.1210    Floor area ratio (FAR).

18.25.1220    Food preparation facility for off-site consumption.

18.25.1230    Food storage and distribution facility.

18.25.1240    Freeway.

18.25.1250    Game or computing arcade.

18.25.1260    Game or computing device.

18.25.1270    Garage, private.

18.25.1280    Garage, public.

18.25.1290    Gasoline service station.

18.25.1300    General plan.

18.25.1310    Green building.

18.25.1320    Guesthouses.

18.25.1330    Guest ranch.

18.25.1340    Gunsmith.

18.25.1350    Hazardous material.

18.25.1360    Head shop.

18.25.1370    Health club.

18.25.1380    Hedge.

18.25.1390    Highway.

18.25.1400    Hill area.

18.25.1410    Hill face.

18.25.1420    Hilltop.

18.25.1430    Historical resource.

18.25.1440    Historical resource site.

18.25.1450    Historical resource structure.

18.25.1460    Home improvement center.

18.25.1470    Homeless.

18.25.1480    Home occupation.

18.25.1490    Hotel, full service.

18.25.1500    Hotel, limited service.

18.25.1510    Income, very-low, lower or moderate.

18.25.1520    Industrial park.

18.25.1530    Karaoke.

18.25.1540    Karaoke booth.

18.25.1550    Kennel.

18.25.1560    Kitchen, kitchenette.

18.25.1570    Landscaping.

18.25.1580    Landscaping, appropriate.

18.25.1590    License authority.

18.25.1600    Livestock.

18.25.1610    Live/work units.

18.25.1620    Lot.

18.25.1630    Lot area.

18.25.1640    Lot, corner.

18.25.1650    Lot coverage.

18.25.1660    Lot depth.

18.25.1670    Lot, flag.

18.25.1680    Lot, interior.

18.25.1690    Lot line.

18.25.1700    Lot line, alley.

18.25.1710    Lot line, front.

18.25.1720    Lot line, quasi-zero.

18.25.1730    Lot line, rear.

18.25.1740    Lot line, side.

18.25.1750    Lot line, street.

18.25.1760    Lot line, zero.

18.25.1770    Lot, reversed corner.

18.25.1780    Lot, through.

18.25.1790    Lot width.

18.25.1800    Manufactured home.

18.25.1810    Manufacturing process.

18.25.1820    Massage.

18.25.1830    Massage establishment.

18.25.1840    Massage service(s).

18.25.1850    Massage technician.

18.25.1860    Meal service facility.

18.25.1870    Medical clinic, convenience.

18.25.1872    Medical marijuana cultivation.

18.25.1875    Medical marijuana dispensary.

18.25.1880    Mini-warehouses for household goods.

18.25.1890    Mixed-use development.

18.25.1900    Mobile home.

18.25.1910    Mobile home park.

18.25.1920    Mobile recycling unit.

18.25.1930    Mobile vending vehicle/cart.

18.25.1940    Mobile vending vehicle/cart operator.

18.25.1950    Motel, including motor hotel.

18.25.1960    Motion picture theater.

18.25.1970    Motor home.

18.25.1980    Motortruck.

18.25.1990    Natural land slope.

18.25.1995    Net acre.

18.25.1997    Net density.

18.25.2000    Nightclub.

18.25.2010    Nonconforming lot.

18.25.2020    Nonconforming structure or building.

18.25.2030    Nonconforming use.

18.25.2040    Nonconventional principal residential structure.

18.25.2050    North American Industrial Classification System Manual.

18.25.2060    Notice of public hearing.

18.25.2070    Nursery.

18.25.2080    Nursery, agricultural.

18.25.2090    Nursery, commercial.

18.25.2100    Nursery school, children’s.

18.25.2110    Nursing home or convalescent hospital.

18.25.2120    Office, corporate and regional managing.

18.25.2130    Open space.

18.25.2140    Open space, common.

18.25.2150    Open space, common recreational.

18.25.2160    Open space, institutional or public.

18.25.2170    Open space, unimproved.

18.25.2180    Open space, usable.

18.25.2190    Outdoor lighting.

18.25.2200    Overlay district.

18.25.2210    Parking area, private.

18.25.2220    Parking area, public.

18.25.2230    Parking terms.

18.25.2240    Patio structure or patio cover.

18.25.2250    Performance standards.

18.25.2260    Performing arts theater.

18.25.2265    Personal services.

18.25.2270    Pickup truck.

18.25.2275    Planning manager.

18.25.2280    Poultry farm.

18.25.2290    Premises.

18.25.2300    Produce.

18.25.2310    Project area, gross.

18.25.2320    Provider.

18.25.2330    Quarry.

18.25.2340    Recreation, commercial.

18.25.2350    Recreation, private, noncommercial.

18.25.2360    Recyclable material.

18.25.2370    Recycling area or recycling collection area.

18.25.2380    Recycling facility.

18.25.2390    Religious facility.

18.25.2400    Resident.

18.25.2410    Residential care facilities, special.

18.25.2420    Retail trade.

18.25.2430    Reverse vending machine(s).

18.25.2440    Reverse vending machine(s), bulk.

18.25.2450    Ridgeline, main.

18.25.2460    Ridgeline, other.

18.25.2470    Roadside stand.

18.25.2480    Sales, wholesale.

18.25.2490    Salvage yard.

18.25.2500    Sanitarium.

18.25.2510    Satellite dish antenna.

18.25.2520    Schools, elementary and secondary.

18.25.2530    Seat.

18.25.2540    Senior citizen housing development.

18.25.2550    Sensitive population.

18.25.2560    Setback.

18.25.2570    Sheet metal fabrication.

18.25.2580    Shopping center.

18.25.2590    Sidewalk display.

18.25.2600    Signs, definitions relating to.

18.25.2602    Site plan and/or architectural approval.

18.25.2610    Slaughter.

18.25.2620    Slope.

18.25.2625    Special event.

18.25.2630    Specified anatomical areas.

18.25.2640    Specified sexual activities.

18.25.2650    Speculative building.

18.25.2660    Stable.

18.25.2670    Standard Industrial Classification Manual.

18.25.2680    Stock cooperative.

18.25.2690    Story.

18.25.2700    Story, first.

18.25.2710    Story, half.

18.25.2720    Story, mezzanine.

18.25.2730    Street.

18.25.2740    Street frontage.

18.25.2750    Street improvement chapter.

18.25.2755    Strip commercial development.

18.25.2760    Structure.

18.25.2770    Structure, accessory or ancillary.

18.25.2780    Structure, attached.

18.25.2790    Structure, lath-covered.

18.25.2800    Structure, primary or principal.

18.25.2810    Subdivision title.

18.25.2820    Supportive housing.

18.25.2830    Swimming pool.

18.25.2840    Swimming pool, private.

18.25.2850    Swimming pool, public or semipublic.

18.25.2860    Target population.

18.25.2870    Telecommunication facility.

18.25.2880    Toe of the hill.

18.25.2890    Townhouse.

18.25.2900    Tract office, temporary.

18.25.2910    Trailer.

18.25.2920    Trailer, travel.

18.25.2930    Transient.

18.25.2940    Transitional housing.

18.25.2950    Trash enclosure.

18.25.2960    Truck tractor.

18.25.2970    Tutoring and exam preparation services.

18.25.2980    Undeveloped land.

18.25.2990    Undisturbed terrain.

18.25.3000    Use, accessory or ancillary.

18.25.3010    Use, allowed.

18.25.3020    Use, conditional.

18.25.3030    Use, mixed.

18.25.3040    Use, permitted.

18.25.3050    Use, primary or principal.

18.25.3060    Use, private noncommercial.

18.25.3070    Use, public.

18.25.3080    Use, quasi-public.

18.25.3090    Use, zoning administrator.

18.25.3100    Vehicle.

18.25.3110    Vehicle, commercial.

18.25.3120    Vehicle, motor.

18.25.3130    Vehicle, passenger.

18.25.3140    Vehicle, recreational.

18.25.3150    Wall, retaining.

18.25.3160    Warehouse, general.

18.25.3170    Wet band.

18.25.3180    Repealed.

18.25.3190    Repealed.

18.25.3200    Repealed.

18.25.3210    Repealed.

18.25.3220    Wholesale trade.

18.25.3230    Yard, front.

18.25.3240    Yard, front, least depth.

18.25.3250    Yard, rear.

18.25.3260    Yard, rear, least depth.

18.25.3270    Yard, required.

18.25.3280    Yard, side.

18.25.3290    Yard, side, least width.

18.25.3300    Yard, street side.

18.25.3310    Zoning administrator.

18.25.3320    Zoning administrator permit.

18.25.3330    Zoning permit.

18.25.010 Use of definitions.

For the purpose of this title, the words and phrases set forth in this chapter shall have the meanings respectively ascribed to them herein and the word “used” shall include “arranged,” “designed,” “constructed,” “altered,” “converted,” “rented,” “leased,” or “intended to be used.” (Ord. 87 § 8-2100. 1990 Code § 8-2100.)

18.25.020 Reserved.

18.25.030 Abutting.

“Abutting” shall mean land having a common property line or district line or separated only by a private street, alley or easement. (Ord. 87 § 8-2101; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2101.)

18.25.040 Acreage, gross.

“Gross acreage” shall mean the total area within the lot lines of a lot or parcel of land before public roadways, easements or other areas to be dedicated or reserved for public use are deducted from said lot or parcel. Adjacent lands already dedicated for roadway right-of-way shall not be included as part of the gross acreage of a site. (Ord. 2045 § 1, 9-21-93. 1990 Code § 8-2101.1.)

18.25.050 Acreage, net.

“Net acreage” shall mean the total area within the lot lines of a lot or parcel of land minus any public roadway easements, open space easements or other area to be dedicated or reserved for public use. (Ord. 2045 § 2, 9-21-93. 1990 Code § 8-2101.2.)

18.25.060 Administrative and executive office.

“Administrative and executive office” shall mean a central or regional office, the primary function of which is the management and general administration performed for other establishments of the same company. (Ord. 1560 § 1, 6-7-83. 1990 Code § 8-2101.3.)

18.25.070 Adult-oriented business definitions.

For the purposes of this title, unless it is plainly evident from the context that a different meaning is intended, the terms used in this title are defined as follows:

(a)    “Adult entertainment media” means photographs, films, closed-circuit television, motion pictures, video cassettes, slides, tapes, records or other form of visual, audio, optical, digitized, or electrical impulse devices or representations, or electrical, mechanical, pneumatic or other forms of devices, appliances or mechanisms which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or use, touching, stimulation, manipulation or contact of specified anatomical areas.

(b)    “Adult-oriented businesses” means any one of the following:

(1)    Adult Arcade. An establishment where, for any form of consideration, one or more still or motion picture projectors, or similar machines, designed for viewing by one person, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

(2)    Adult Entertainment Store. An establishment that has 30 percent or more of its stock in adult entertainment media and books, magazines, periodicals, or other printed matter which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and specified anatomical areas. Nothing contained in this definition shall include birth control or family planning devices or medically indicated appliances or devices.

(3)    Adult Cabaret. A nightclub, restaurant, or similar business establishment which: (A) regularly features live performances which are distinguished or characterized by an emphasis upon the display, arousal, stimulation, touching or contact of specified anatomical areas or specified sexual activities regardless of whether the performer appears nude or semi-nude or creates simulated nudity; and/or (B) regularly utilizes adult entertainment media.

(4)    Sexual Encounter Establishment. Any establishment, including, but not limited to, private and commercial businesses, clubs or organizations, that provides in return for any form of consideration or gratuity a place where two or more persons may congregate, assemble or associate for the purpose of engaging in “specified sexual activities.” This definition does not include a hotel, motel or similar establishment offering public accommodations or any other “adult-oriented business” as that term is defined in this section. This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state of California engages in sexual therapy as part of his or her state-licensed practice.

(5)    Adult Hotel/Motel. A hotel or motel or similar business establishment offering public accommodations which, for any form of consideration, (A) provides patrons with adult entertainment media; and (B) rents, leases, or lets any room for less than a six-hour period, or rents, leases, or lets any single room more than twice in a 24-hour period.

(6)    Adult Motion Picture Theater. A business establishment which, for any form of consideration, provides more than 30 percent of the total theater programming in adult entertainment media.

(7)    Adult Theater. A theater, concert hall, auditorium, or similar establishment which, for any form of consideration, regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities.

(8)    Modeling Studio. A business which, for any form of consideration, provides figure models who, for the purposes of sexual stimulation of patrons, display specified anatomical areas to be observed, sketched, photographed, painted, sculpted or otherwise depicted, video taped, recorded or reproduced. “Modeling studio” does not include schools maintained pursuant to standards set by the State Board of Education or other state-mandated regulatory authority; state, city, county or special governmental district organized recreation programs; or a studio or similar facility owned, operated, or maintained by an individual artist or group of artists, and which does not provide, permit, or make available specified sexual activities.

Measures of inventory or programming for purposes of this subsection shall be based on gross sales.

(c)    “Church” means a structure or portion of a structure used primarily for religious worship and related religious activities.

(d)    “Distinguished or characterized by an emphasis upon” means and refers to the dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films “which are distinguished or characterized by an emphasis upon” the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas.

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

(1)    The opening or commencement of any adult-oriented business as a new business;

(2)    The conversion of an existing business, whether or not an adult-oriented business, to any adult-oriented business defined in this section;

(3)    The addition of any of the adult-oriented businesses defined in this section to any other existing adult-oriented business; or

(4)    The continuation or relocation of any such adult-oriented business in an existing or new location.

(f)    “Park” means an area maintained in its natural state as public property for ornament and recreation for the benefit of youths, families and the general public.

(g)    “Regularly features” means, with respect to an adult theater or adult cabaret, a regular and substantial course of conduct. The fact that live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities occurs on two or more occasions within a 30-day period; three or more occasions within a 60-day period; or four or more occasions within a 180-day period shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.

(h)    “School” means any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university.

(i)    “Semi-nude” means a state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices.

(j)    Specified Anatomical Areas. As used herein, “specified anatomical areas” shall mean and include any of the following:

(1)    Less than completely and opaquely covered human (A) genitals or pubic region; (B) buttocks; and (C) female breast below a point immediately above the top of the areola;

(2)    Human male genitals in a discernibly turgid state, even if completely and opaquely covered;

(3)    Any device, costume or covering that simulates any of the body parts included in subsection (j)(1) or (2) of this section.

(k)    Specified Sexual Activities. As used herein, “specified sexual activities” shall mean and include any of the following, whether performed directly or indirectly through clothing or other covering:

(1)    The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;

(2)    Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;

(3)    Masturbation, actual or simulated;

(4)    Excretory functions as part of or in connection with any of the other activities described in subsections (k)(1) through (3) of this section. (Ord. 2264 § 3, 10-14-97; Ord. 3-2010 § 2, 1-26-10. 1990 Code § 8-2102.)

18.25.080 Agent of owner.

“Agent of owner” shall mean any person who can show written proof that he/she is acting for the property owner. (Ord. 87 § 8-2103; Ord. 1386 § 1, 6-17-80; amended during 2012 reformat. 1990 Code § 8-2103.)

18.25.090 Agriculture.

“Agriculture” shall mean the use of the land for agricultural purposes, including farming, dairying, pasturage, agriculture, apiaries, horticulture, floriculture, viticulture and animal and poultry husbandry, and the necessary accessory uses for packing, processing, treating or storing the produce; provided, however, the operation of any such accessory uses shall be secondary to that of normal agricultural activities; and, provided further, that the above uses shall not include the commercial feeding of garbage or offal to swine or other animals. This term shall not include or pertain to commercial and/or retail nurseries. (Ord. 87 § 8-2104; Ord. 1386 § 1, 6-17-80; Ord. 2045 § 3, 9-21-93. 1990 Code § 8-2104.)

18.25.100 Alcove.

“Alcove” shall mean a recess or partially enclosed extension connected to, or forming part of, a room. This definition shall not be construed to include bay windows. (Ord. 2045 § 4, 9-21-93. 1990 Code § 8-2104.5.)

18.25.110 Alley or lane.

“Alley” or “lane” shall mean a public or private way, not more than 30 feet wide, affording only secondary means of access to abutting property. (Ord. 87 § 8-2105; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2105.)

18.25.120 Alter.

“Alter” shall mean to change any of the supporting members of buildings, such as bearing walls, columns, beams or girders. (Ord. 87 § 8-2106; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2106.)

18.25.130 Amenity.

“Amenity” shall mean a feature of a development (or in reasonable proximity thereto), or a benefit of community-wide importance not otherwise required by ordinance or by law, but provided as part of a planned district approval, which substantially enhances or benefits the environment of persons who will live in or occupy the development. Amenities may include, but are not limited to, such features as special landscaping, recreational amenities, permanent protection of environmentally sensitive areas, and provision of public transit facilities. (Ord. 2045 § 5, 9-21-93. 1990 Code § 8-2106.0.1.)

18.25.140 Antenna.

“Antenna” shall mean any system of wire, poles, rods, reflecting discs or similar devices used for the transmission or reception of radio or electromagnetic waves external to or attached to the exterior of any building. Examples of antennas are amateur radio antennas, television antennas and satellite receiving dishes (see also “satellite dish antennas”). (Ord. 2045 § 6, 9-21-93. 1990 Code § 8-2106.3.)

18.25.150 Apartment, community.

“Community apartment” shall mean a project in which an undivided interest in land is coupled with the right of exclusive occupancy of an apartment located thereat. (Ord. 1332 § 2, 6-26-79; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2107.)

18.25.160 Apartment, efficiency and single room occupancy (SRO) units.

“Efficiency apartment” or “single room occupancy (SRO) unit” shall mean a dwelling unit complying with the provisions of the California Building Code, Section 310.7, as adopted. Such units shall be limited to a maximum of 300 square feet of floor space per unit; any unit larger than 300 square feet shall be defined as a dwelling unit. For purposes of general plan density calculations and density bonus allowances, each efficiency apartment or single room occupancy unit shall count as one-half a dwelling unit. (Ord. 87 § 8-2107; Ord. 1386 § 1, 6-17-80; Ord. 2506, Exh. A § 1, 7-22-03. 1990 Code § 8-2107.1.)

18.25.170 Apartment vacancy rate.

“Apartment vacancy rate” shall mean the number of vacant apartments in the city at a given time shown as a percentage of the total number of apartments in the city. Vacant apartments include those units which are:

(a)    Currently vacant and available for rent or lease;

(b)    Vacant but temporarily not available for rent or lease due to painting, cleaning or repairs; and

(c)    Currently occupied but will become available for rent or lease within one week. (Ord. 1332 § 1, 6-26-79; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2107.2.)

18.25.180 Applicant.

“Applicant” shall mean any person or entity applying for any permit, including, but not limited to, owners or lessees of property or their agents, or person(s) who have contracted to purchase property contingent upon the ability to acquire the necessary permits under this municipal code. (Ord. 2045 § 7, 9-21-93. 1990 Code § 8-2107.3.)

18.25.190 Arterials.

“Arterials” shall mean high-capacity local roadways which meet the demand for longer through-trips within a community. Arterials may be divided by a median. Arterials may be constructed with two or three travel lanes in each direction. (Ord. 2045 § 8, 9-21-93. 1990 Code § 8-2107.4.)

18.25.200 Arts and crafts fair.

Repealed by Ord. 2-2013. (Ord. 1070 § 1, 11-4-75; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2108.)

18.25.210 Assembly use.

An “assembly use” shall mean a use where 50 or more persons gather together for such purposes as deliberation, education, instruction, worship, entertainment, amusement, or similar purposes. (Ord. 4-2005 § 1, 4-12-05. 1990 Code § 8-2107.3.5.)

18.25.220 Astrology.

“Astrology” shall include the business, art or practice of astrology, palmistry, phrenology, life reading, fortune-telling, cartomancy, clairvoyance, clairaudience, crystal gazing, mediumship, prophecy, augury, divination, magic, necromancy or graphology, and the conduct of the aforementioned. The sale of books, pamphlets and miscellaneous material related to the aforementioned uses shall also be allowed. An enterprise that sells books on the above subjects, and offers advice, readings or observations in connection with such sales shall not be construed to be a “retail bookstore.” (Ord. 1386 § 2, 6-17-80. 1990 Code § 8-2109.)

18.25.230 Automobile repair, major.

“Major automobile repair” shall mean the repair or replacement of frames and bodies, including painting, of vehicles of all weights and sizes, and the repair or replacement of engines, transmissions, power trains and wheels of vehicles exceeding one-and-one-half-ton capacity. This definition includes auto and truck paint shops, body and fender repair shops, and wrecked vehicle storage areas. When any of the above uses are an integral part of and connected with new motor vehicle dealers, such uses shall be considered as an accessory use. (Ord. 87 § 8-2108; Ord. 863 § 1, 9-21-71; Ord. 871 § 6, 10-26-71; Ord. 1120 § 3, 11-2-76; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2110.)

18.25.240 Automobile repair, minor.

“Minor automobile repair” shall mean the repair or replacement of all or portions of engines, transmissions, power trains and wheels of vehicles not exceeding one-and-one-half-ton capacity. This definition includes auto transmission shops, brake and wheel shops, radiator repair shops, fuel and electrical repair shops, upholstery and muffler shops. (Ord. 87 § 8-2109; Ord. 1120 § 4, 11-2-76; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2110.1.)

18.25.250 Automobile sales area.

“Automobile sales area” shall mean an open area, other than a street, used for the display, sale or rental of new or used passenger vehicles or other motor vehicles, such vehicles as mobile homes and trailers, and such recreational equipment as campers and boats, in operable condition and where no repair work is done, but not including the rental of motor homes, mobile homes, or pickup trucks with campers mounted thereon in the sales area. (Ord. 87 § 8-2110; Ord. 871 § 7, 10-26-71; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2110.2.)

18.25.260 Automobile service station.

“Automobile service station” means a “gasoline service station” as defined in Section 18.25.1290. (Ord. 87 § 8-2111; Ord. 307 § 1; Ord. 863 § 2, 9-21-71; Ord. 1120 § 5, 11-2-76; Ord. 1324 § 1, 5-1-79; Ord. 1386 § 1, 6-17-80; Ord. 1759 § 1, 1-6-87; Ord. 5-2008 § 3, 4-1-08. 1990 Code § 8-2110.3.)

18.25.270 Automobile wrecking yard.

“Automobile wrecking yard” shall mean the dismantling or disassembling of used motor vehicles or trailers; the storage, sale or dumping of dismantled, obsolete or wrecked vehicles, or their parts; and the towing of such vehicles or parts in connection with such activity. Also see “dead storage of vehicles.1” (Ord. 87 § 8-2112; Ord. 863 § 3, 9-21-71; Ord. 1386 § 1, 6-17-80; Ord. 8-2008 § 2, 4-22-08. 1990 Code § 8-2110.4.)

18.25.280 Banquet hall.

“Banquet hall” shall mean a facility rented out for private events at least 90 percent of which involve the service of a meal and at which the seating is provided at tables. As used herein, “private event” means a gathering of persons who have been individually invited to the event and from which persons not so invited are excluded. A banquet hall may allow live entertainment and dancing; however, such live entertainment or dancing shall not be the primary use of the facility. Alcoholic beverages may be served subject to state law requirements and if allowed by use permit. Events open to the general public may be permitted no more than 12 times per year with the prior approval of the zoning administrator. However, such events shall not include live entertainment or activities similar to those of a night club, concert hall or dance club as defined herein as the primary activity. (Ord. 2407 § 2, 10-24-00. 1990 Code § 8-2110.5.)

18.25.290 Basement.

“Basement” shall mean a story whose floor is more than 12 inches, but not more than one-half of its story height, below the average level of the adjoining ground (as distinguished from a “cellar” which is a story more than one-half below such level). A basement, when used as a dwelling, shall be counted as a story for purposes of height measurement, and as a half story for purposes of side yard determination. (Ord. 87 § 8-2113; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2111.)

18.25.300 Bay window.

“Bay window” shall mean a window, or series of windows, forming a bay in a room and projecting outward from an exterior wall in a rectangular, polygonal or curved form. A bay window as defined in this chapter shall not increase the floor area of a residence, and shall be cantilevered and solely supported by the wall or walls of the building on which it is located. A minimum of 75 percent of the wall area of a bay window shall be windows. This definition shall not be construed to include alcoves. (Ord. 2045 § 9, 9-21-93. 1990 Code § 8-2111.1.)

18.25.310 Bed and breakfast inn.

“Bed and breakfast inn” shall mean an establishment primarily engaged in providing short-term lodging in private homes or small buildings and characterized by highly personal service and inclusion of a full breakfast in a room rate but is not considered a limited service or full service hotel. (Ord. 2407 § 2, 10-24-00. 1990 Code § 8-2111.2.)

18.25.320 Beginning of construction.

“Beginning of construction” shall mean the incorporation of labor and material within the foundation of the building or buildings. (Ord. 87 § 8-2116; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2112.)

18.25.324 Bicycle, motorized.

“Motorized bicycle” is defined in Cal. Veh. Code § 406. (Ord. 27-2014 § 1, 9-9-14.)

18.25.325 Bicycle parking, long-term.

“Bicycle parking, long-term” means bicycle lockers or similar facilities protected from the weather designed to serve people who leave their bikes for longer periods of times such as commuters and transit users. (Ord. 22-2012 § 4, 12-4-12. 1990 Code § 8-2112.2.)

18.25.327 Bicycle parking, short-term.

“Bicycle parking, short-term” means bicycle racks designed to serve people who leave their bikes for relatively short periods of time, typically for shopping, errands, eating or recreation. (Ord. 22-2012 § 5, 12-4-12. 1990 Code § 8-2112.3.)

18.25.330 Biosafety level (BSL).

In accordance with the most current version of the Biosafety in Microbiological and Biomedical Laboratories published by the U.S. Department of Health and Human Services Centers for Disease Control and Prevention and National Institutes of Health (CDC/NIH), “biosafety level” or “BSL” shall mean the safe handling of biological materials, particularly infectious agents which are classified on the basis of degree of risk to humans working with them and includes definition of biosafety levels for handling such agents. A specific combination of work practices, safety equipment, and facilities are designed to minimize the exposure of workers and the environment to infectious agents. There are four biosafety levels (BSLs). BSL 1 applies to laboratories in which work is done with defined and characterized strains of viable microorganisms not known to consistently cause disease in healthy adult humans. BSL 2 applies to laboratories in which work is done with the broad spectrum of indigenous moderate-risk agents that are present in the community and associated with human disease of varying severity. BSL 3 applies to clinical, diagnostic, teaching, research, or production facilities in which work is done with indigenous or exotic agents with the potential for respiratory transmission, and which may cause serious and potentially lethal infection. BSL 4 is used for the diagnosis of exotic agents that pose a high risk of life-threatening disease, which may be transmitted by the aerosol route and for which there is no vaccine or therapy. (Ord. 8-2008 § 3, 4-22-08. 1990 Code § 8-2112.5.)

18.25.340 Boardinghouse or rooming house.

“Boardinghouse” or “rooming house” shall mean a dwelling or part thereof where meals and/or lodging are provided for compensation. (Ord. 87 § 8-2117; Ord. 1120 § 6, 11-2-76; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2114.)

18.25.350 Board of adjustments.

“Board of adjustments” shall mean the board of adjustments of the city. (Ord. 87 § 8-2116; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2113.)

18.25.360 Building.

“Building” shall mean any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property. When such a structure is divided into separate parts by one or more unpierced walls extending from the ground up, each part is deemed a separate building, except as regards minimum side yard requirements as hereinafter provided. (Ord. 87 § 8-2118; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2115.)

18.25.370 Building height.

“Building height” shall mean the vertical distance measured from the average grade of the foundation of the building, at the midpoint of the exterior wall having the greatest change in elevation. For example, building height is measured to the highest point of a flat roof, or to the mean height between the top plate of the uppermost story and the highest point for other roof types.

For sites located within the H-I (hillside combining) district, building height shall be established by a plane which is parallel to the ground as established by the approved, as-built grading plan (for the project development) or the individual lot’s approved, as-built grading plan, measuring upwards to the peak of the roof. When a basement is used, or when there is grading for the creation of crawl space entirely under the building floor and not visible from the exterior of the building, the height shall be measured from the point where the structure meets the existing grade as established by the approved, as-built grading plan or the individual lot’s approved, as-built grading plan (thereby excluding these spaces from the height calculation) to the peak of the roof. The mean height calculation shall not be utilized in the (H-I) district. (Ord. 2045 § 10, 9-21-93. 1990 Code § 8-2115.1.)

18.25.380 Building, principal.

“Principal building” shall mean a building in which is conducted the principal or primary use on which the building is situated. In any residential district, any primary dwelling unit shall be deemed to be the principal building. (Ord. 2045 § 11, 9-21-93. 1990 Code § 8-2115.2.)

18.25.390 Building site.

“Building site” shall mean the ground area of a building or buildings, together with all open spaces required by this title. (Ord. 87 § 8-2174; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2115.3.)

18.25.400 Bus.

“Bus” shall mean any motor vehicle, other than a motortruck or truck tractor, designed for carrying more than 10 persons including the driver and used for the transportation of passengers. The term “bus” has the same meaning as the term “bus” as defined in the California Vehicle Code. (Ord. 871 § 3, 10-26-71; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2116.)

18.25.410 Camper.

“Camper” shall mean a shelter designed to be mounted upon a motor vehicle and to provide facilities for human habitation or camping purposes. The term “camper” has the same meaning as the term “camper” as defined in the California Vehicle Code. (Ord. 871 § 3, 10-26-71; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2117.)

18.25.420 Camper vehicle.

“Camper vehicle” shall mean a motor vehicle, such as a pickup truck, to which a camper is temporarily attached. (Ord. 978 § 2, 2-12-74; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2117.1.)

18.25.430 Car detailing.

“Car detailing” shall mean the cleaning and polishing of motor vehicles by hand, primarily for automobile dealers, on a contract or fee basis. (Ord. 2045 § 12, 9-21-93. 1990 Code § 8-2117.5.)

18.25.440 Caretaker quarters.

“Caretaker quarters” shall mean a dwelling unit designed as an integral part of a building containing an allowed use within a nonresidential district. The dwelling unit shall be ancillary to the primary, nonresidential use operating on the property, and shall be no larger than 1,500 square feet in area. The dwelling unit shall be for the exclusive use of a caretaker and immediate family. There shall be no more than one caretaker quarters on any single subdivided parcel. (Ord. 1377 § 1, 5-13-80; Ord. 1386 § 1, 6-17-80; Ord. 8-2008 § 2, 4-22-08. 1990 Code § 8-2118.)

18.25.450 Carport.

“Carport” shall mean a detached or attached structure with a covered roof containing one or more parking spaces and open on one or more sides. A carport located upon a lot developed with a residential dwelling or dwellings serves a similar use as a private garage. (Ord. 978 § 2, 2-12-74; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2119.)

18.25.460 Car wash.

“Car wash” shall mean any building, structure or area which provides facilities for washing and cleaning motor vehicles, which may use production line methods with a conveyor, blower or other mechanical devices, and which may employ some hand labor. (Ord. 2045 § 13, 9-21-93. 1990 Code § 8-2119.5.)

18.25.470 Cellar.

“Cellar” shall mean a story the floor of which is more than one-half of its story height below the average contact ground level at the exterior walls of the building. A cellar shall be counted as a story, for the purpose of height regulations, only if used for dwelling purposes other than by a janitor or caretaker employed on the premises. (Ord. 87 § 8-2121; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2120.)

18.25.480 Certificate of occupancy.

“Certificate of occupancy” means the certificate to be issued by the chief building official prior to the use or occupancy of a structure as set forth in the California Building Code as locally amended. (Ord. 2045 § 14, 9-21-93; Ord. 5-2008 § 3, 4-1-08. 1990 Code § 8-2120.1.)

18.25.490 Cessation of use.

“Cessation of use,” as used herein, shall mean a use is deemed to have ceased when it has been discontinued either temporarily or permanently, whether with the intent to abandon such use or not. (Ord. 1069 § 1, 10-28-75; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2121.)

18.25.500 Circus and/or carnival and special event.

Repealed by Ord. 2-2013. (Ord. 301 § 1; Ord. 857 § 1, 8-24-71; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2122.)

18.25.510 City council.

“City council” shall mean the city council of the city of Fremont, California. (Ord. 87 § 8-2122; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2123.)

18.25.520 Club, community.

“Community club” shall mean buildings and grounds used for and operated by a nonprofit organization whose membership is open to any resident of the district, neighborhood or community in which the club is located; provided, that the primary objectives of the organization are the improvement of the district, neighborhood or community and its social welfare and recreation. (Ord. 395 § 1; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2124.)

18.25.530 Collector street.

“Collector street” shall mean a roadway, intermediate in importance between a minor street and an arterial, which collects local traffic and carries said traffic to an arterial. (Ord. 2045 § 15, 9-21-93. 1990 Code § 8-2124.1.)

18.25.540 Combining district.

“Combining district” shall mean a district within which certain regulations and requirements apply in addition to, and are combined with, regulations and requirements of another district. (Ord. 490 § 1; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2125.)

18.25.550 Commercial.

“Commercial” shall mean any activity on or use of land which involves the buying, selling, processing or improving of things not produced on the land and having financial gain as the primary aim of the activity or use; whether or not such activity or use be for hire or on account of the buyer, seller, processor or improver. (Ord. 87 § 8-2123; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2126.)

18.25.560 Commission.

“Commission” shall mean the city planning commission of the city of Fremont, California. (Ord. 87 § 8-2124; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2127.)

18.25.570 Community development director.

“Community development director” shall mean the director of community development of the city of Fremont, California. (Ord. 968 § 1, 12-18-73; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2128.)

18.25.580 Compactor.

“Compactor” means an equipment unit as defined in Section 8.40.040. (Ord. 4-2007 § 7, 2-13-07. 1990 Code § 8-2128.0.01.)

18.25.590 Concert hall.

“Concert hall” shall mean an establishment that provides live music performances. The audience is seated in rows of chairs without tables, and there is no dancing by the audience. Refreshments may be served and consumed only in an area of the establishment other than the seating area of the concert hall. (Ord. 2407 § 2, 10-24-00. 1990 Code § 8-2128.0.1.)

18.25.600 Conditional use permit.

“Conditional use permit” shall mean a discretionary entitlement which may be granted by the planning commission, or other designated granting authority, under the provisions of this municipal code and which, when granted, authorizes a specific use to be made of a specific property, subject to compliance with all terms and conditions imposed on said entitlement. (Ord. 2045 § 16, 9-21-93. 1990 Code § 8-2128.1.)

18.25.610 Condominium.

“Condominium” shall mean individual ownership of a dwelling unit within a multiple-unit structure exclusive of the land underlying said structure. (Ord. 1332 § 3, 6-26-79; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2129.)

18.25.620 Condominium development.

“Condominium development” shall mean a structure and appurtenant premises divided in ownership by the existence of condominiums as now or hereafter defined in Cal. Civ. Code § 783, and shall include instances where ownership is so divided following prior single ownership of the entire structure and premises, as well as new structures so divided in ownership. (Ord. 442 § 1; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2129.1.)

18.25.630 Construction yard.

“Construction yard” shall mean an area on or immediately adjacent to a major construction or demolition site used on a temporary basis for the parking and storage of equipment used in the project, and the storage and preparation of materials and other items used in the project. Such yard may include construction offices and such shops as are necessary for work on the immediate project. (Ord. 382 § 1; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2130.)

18.25.640 Controlled access highway.

“Controlled access highway,” as used in the California Streets and Highways Code, shall mean a freeway which has been designated a controlled access highway by the California Highway Commission or the State Highway Engineer. (Ord. 1003 § 1, 9-3-74; Ord. 1386 § 1, 6-17-80; Ord. 1759 § 2, 1-6-87. 1990 Code § 8-2131.)

18.25.650 Convenience food store.

“Convenience food store” shall mean a grocery store limited to 2,500 square feet in total floor area and which carries a limited inventory. (Ord. 1120 § 7, 11-2-76; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2132.)

18.25.660 Convenience zone.

“Convenience zone” shall mean an area within a one-half-mile radius of a supermarket with gross annual sales of $2,000,000 or more, and which sells a line of dry grocery, canned goods or nonfood items and some perishable items. (Ord. 1797 § 2, 9-22-87; Ord. 1799 § 2, 10-13-87. 1990 Code § 8-2132.5.)

18.25.670 Corporation yard – Service yard – Fleet yard – Contractor’s storage yard.

“Corporation yard,” “service yard,” “fleet yard” or “contractor’s storage yard” shall mean buildings and premises, including offices, used by any person or by the city for the storage, maintenance, repair and processing of equipment, materials and other items involved in construction or maintenance of physical facilities having permanently fixed locations, or in the operation of a fleet of rolling stock. (Ord. 382 § 1; Ord. 1386 § 1, 6-17-80; Ord. 8-2008 § 2, 4-22-08. 1990 Code § 8-2133.)

18.25.680 Court.

“Court” shall mean an open, unoccupied and unobstructed space, other than a yard, on the same lot with a building or group of buildings. (Ord. 87 § 8-2126; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2134.)

18.25.690 Dance club and discotheque.

“Dance club and discotheque” shall mean an establishment that provides an area in which patrons may dance to live or recorded music and that does not serve alcoholic beverages. (Ord. 2407 § 2, 10-24-00. 1990 Code § 8-2134.0.1.)

18.25.700 Day and night average sound level.

“Day-night average sound level (Ldn)” shall mean the A-weighted average sound level for a given area (measured in decibels) during a 24-hour period with a 10 db weighting applied to night-time sound levels. (Ord. 2045 § 17, 9-21-93. 1990 Code § 8-2134.1.)

18.25.710 Day care, child.

“Child day care” shall mean an establishment for the part-time care of more than 14 children, other than those residing on the site, whether or not for compensation. Child day care could also be operated at a nonresidential site, if allowed by the underlying zoning district. The primary service provided is the caretaking of children, and not instruction or educational learning. Child day care may also be referred to as a “children’s nursery school.1” Also see “tutoring and exam preparation services.1” (Ord. 8-2008 § 3, 4-22-08. 1990 Code § 8-2134.1.1.)

18.25.720 Day care facility for adults.

“Day care facility for adults” shall mean a facility which provides care to the frail elderly and/or developmentally disabled adults in need of personal services, supervision and/or assistance on less than a 24-hour basis. (Ord. 2045 § 18, 9-21-93. 1990 Code § 8-2134.2.)

18.25.730 Dead storage of vehicles.

The “dead storage of vehicles” shall mean the leaving, keeping, parking or maintenance of a vehicle under any one of the following conditions: (a) where the vehicle is required to have a license plate for operation upon the streets and roads of this state and such vehicle does not have a current license plate; (b) where the vehicle is designed to be propelled by motor power and is not in operable condition; or (c) the vehicle has been parked or left standing for more than one week. Also see “automobile wrecking yard.1” (Ord. 8-2008 § 3, 4-22-08. 1990 Code § 8-2134.2.1.)

18.25.750 Density.

“Density” shall mean the total number of dwelling units within a specific area, divided by the gross acreage of the project site. For purposes of general plan density calculations and density bonus allowances, efficiency apartments or single room occupancy units shall count as one-half a dwelling unit. (Ord. 2045 § 19, 9-21-93; Ord. 2506, Exh. A § 1, 7-22-03. 1990 Code § 8-2134.3.)

18.25.760 Density distribution/average density.

“Density distribution/average density” shall mean the arrangement of dwelling unit density within a specific development. By this means, a higher density within a portion of the district is permitted, provided the average density for the site is balanced by a comparable lower density in another portion of the site. The average density for the total project shall not exceed the property’s density thresholds established by the general plan land use diagram. (Ord. 2045 § 20, 9-21-93. 1990 Code § 8-2134.5.)

18.25.770 Department store.

“Department store” shall mean a store or group of shops, under unified management, selling a variety of merchandise groups; normally including clothing, appliances, hardware and furniture. (Ord. 87 § 8-2128; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2135.)

18.25.772 Design review, discretionary.

“Design review, discretionary” shall mean design that includes review of all aesthetic and functional elements of a development project, including review of all structures and site improvements, for consistency with the zoning code, design guidelines, and compatibility with current and planned surroundings. Discretionary design review includes site and building design considerations related to the arrangement of structures and improvements on a site; bulk, height, spacing, massing, materials, colors, and textures of structures; and site improvements such as vegetation, earthwork, and paving. (Ord. 9-2014 § 5, 3-4-14.)

18.25.773 Design review, ministerial.

“Design review, ministerial” shall mean a review and action by the zoning administrator or designee without notice or public hearing of new exterior building design and site improvement elements for compliance with fixed standards, such as the general plan, any applicable community or specific plan, planning and zoning regulations, and adopted design guidelines. (Ord. 9-2014 § 5, 3-4-14.)

18.25.780 Development, conventional.

“Conventional development” shall mean a development which meets the minimum requirements of a conventional zoning district (i.e., R-1, R-2, R-G, C-C, C-N). Conventional development shall imply uniformity of land use, lot size, shape and spacing, and orientation to a public or private street. (Ord. 2045 § 21, 9-21-93. 1990 Code § 8-2135.1.)

18.25.790 Development, nonconventional.

“Nonconventional development” shall mean development which responds to special design issues inherent in a particular project setting. An example of nonconventional development would be a cluster development which orients structures or uses to a common design element such as an open space, plaza or other elements of common use. (Ord. 2045 § 22, 9-21-93. 1990 Code § 8-2135.2.)

18.25.800 Development project.

“Development project” shall mean the placement or erection of any solid material or structure; discharge or disposal of any dredged material or any gaseous, liquid, solid or thermal waste; grading, removing, dredging, mining or extraction of any soil or materials; change in the density or intensity of use of land including, but not limited to, amendments to the general plan and zoning ordinance or subdivision pursuant to the State Subdivision Map Act (commencing with Cal. Gov’t Code § 66410), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition or alteration of the size of any structure, including any facility of any private, public or municipal utility; and the removal of any major vegetation. As used in the municipal code, “structure” includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line. A project, as defined in Cal. Gov’t Code § 65931, is included within this definition. (Ord. 2045 § 23, 9-21-93. 1990 Code § 8-2135.3.)

18.25.802 Development review staff.

“Development review staff” shall mean an advisory body consisting of staff from building, engineering, environmental services, fire, planning, police and other disciplines as deemed necessary and appropriate. Notwithstanding other provisions of this title, the zoning administrator, not the development review staff, is designated as the approval authority for design review pursuant to Chapter 18.235. (Ord. 9-2014 § 5, 3-4-14.)

18.25.810 Dinner theater.

“Dinner theater” shall mean an establishment primarily engaged in presenting live theatrical or musical presentations at set times and also providing prepared food and drink for on-premises consumption during performances. Seating is at tables or booths. (Ord. 2407 § 2, 10-24-00. 1990 Code § 8-2135.4.)

18.25.820 Reserved.

18.25.830 Reserved.

18.25.840 District.

“District” shall mean a portion of the territory of the city within which certain uniform regulations and requirements, or various combinations thereof, apply under the provisions of this title. (Ord. 87 § 8-2129; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2137.)

18.25.850 Domestic pet.

“Domestic pet” shall mean any of the various animals customarily kept as household pets (except exotic animals). (Ord. 1115 § 1, 10-12-76; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2138.)

18.25.860 Drinking place.

“Drinking place” shall mean an establishment primarily engaged in the retail sale of alcoholic beverages for consumption on the premises. Food service is a minor part of the operation. (Ord. 2407 § 2, 10-24-00. 1990 Code § 8-2138.1.)

18.25.870 Drive-in eating place.

“Drive-in eating place” shall mean an eating place:

(a)    Which has less than 50 percent of the floor area of the total structure devoted to indoor seating, and which services food and/or drink from throw-away plates, wrapping or cups; or

(b)    Which serves food from a pass-through opening to vehicles; or

(c)    Which serves food to parked vehicles.

Establishments selling prepared food for exclusive consumption off the premises shall not be considered as drive-in eating places on the basis of seating but may be considered as drive-in eating places on the basis of a pass-through opening or service to parked vehicles. (Ord. 1257 § 1, 7-18-78; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2139.)

18.25.880 Drive-in enterprise.

“Drive-in enterprise” shall mean a business activity or other use of land consisting of sales or service activity predominantly rendered to patrons who normally receive the products or utilize the services at least in part while in automobiles upon the premises. This definition includes, among other things, automobile service stations, automotive car washes and drive-in restaurants. (Ord. 537 § 1; Ord. 1386 §§ 1, 5, 6-17-80. 1990 Code § 8-2139.1.)

18.25.890 Driveway.

“Driveway” shall mean a permanently surfaced area on a lot designed and required to provide direct access for vehicles between a street and a private garage, carport or other permitted parking space or parking area or loading area. (Ord. 978 § 2, 2-12-74; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2140.)

18.25.900 Driveway aisle, major.

“Major driveway aisle” shall mean a driveway providing principal access to the parking area or the driveway providing principal circulation throughout the parking areas or premises. (Ord. 1328 § 1, 6-5-79; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2140.1.)

18.25.910 Dwelling.

“Dwelling” shall mean any building, or portion thereof, designated or used exclusively as the residence or sleeping place of one or more persons, but not including a tent, cabin, trailer, travel trailer or mobile home which is not located on a permanent foundation (for purposes of this title, the terms “travel trailer,” “trailer” and “mobile home,” which are each separately defined terms in this chapter, are mutually exclusive terms). (Ord. 87 § 8-2130; Ord. 1386 § 1, 6-17-80; Ord. 12-2004 § 1, 6-1-04. 1990 Code § 8-2141.)

18.25.920 Dwelling, duet.

“Duet dwelling” shall mean a detached building designed for occupation as the residence of two families living independently of each other, typically having one interior wall in common, with each family living area defined by separate fee title ownership of both structure and underlying land. This definition includes manufactured and mobile homes constructed after July 1, 1976, and placed pursuant to Section 18.190.350(g). (Ord. 2045 § 24, 9-21-93; Ord. 12-2004 § 2, 6-1-04. 1990 Code § 8-2141.0.1.)

18.25.930 Dwelling group.

“Dwelling group” shall mean a group of two or more dwellings, either detached or attached, located on a parcel of land in one ownership and having any yard or court in common. (Ord. 87 § 8-2135; Ord. 296 § 1; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2141.1.)

18.25.940 Dwelling, multiple.

“Multiple dwelling” shall mean a dwelling designed to contain three or more dwelling units, including apartments, condominiums, attached townhouses and similar dwellings, but excluding motels, hotels, boardinghouses, lodging houses, fraternities, and similar dwellings. This definition includes multi-unit manufactured homes constructed after July 1, 1976, and placed pursuant to Section 18.190.350(g). (Ord. 87 § 8-2133; Ord. 927 § 1, 11-7-72; Ord. 982 § 1, 3-26-74; Ord. 1386 § 1, 6-17-80; Ord. 12-2004 § 3, 6-1-04. 1990 Code § 8-2141.2.)

18.25.950 Dwelling, secondary.

“Secondary dwelling” means an additional dwelling unit established in conjunction with a single-family dwelling on the same lot. A secondary dwelling unit shall include a kitchen, sleeping and full bathroom with facilities with a permanent foundation. As provided in Cal. Gov’t Code § 65852.2, efficiency apartments and manufactured homes may be developed and occupied as secondary dwelling unit uses consistent with this title. Only manufactured or mobile homes constructed after July 1, 1976, and placed pursuant to Section 18.190.350(g) are permitted. (Ord. 1564 § 1, 6-28-83; Ord. 2532 § 1, 3-2-04; Ord. 12-2004 § 4, 6-1-04. 1990 Code § 8-2141.2.1.)

18.25.960 Dwelling, single-family.

“Single-family dwelling” shall mean a dwelling designed to contain a single dwelling unit. This definition includes manufactured and mobile homes constructed after July 1, 1976, and placed pursuant to Section 18.190.350(g). (Ord. 87 § 8-2131; Ord. 927 § 1, 11-7-72; Ord. 1386 § 1, 6-17-80; Ord. 1458 § 1, 8-11-81; Ord. 12-2004 § 5, 6-1-04. 1990 Code § 8-2141.3.)

18.25.970 Dwelling, two-family or duplex.

“Two-family dwelling” or “duplex dwelling” shall mean a structure designed for the occupation as the residence of two families living independently of each other, typically sharing a common interior wall, with both the structure and the underlying land being under a single ownership. This definition includes manufactured and mobile homes constructed after July 1, 1976, and placed pursuant to Section 18.190.350(g). (Ord. 87 § 8-2132; Ord. 927 § 1, 11-7-72; Ord. 1386 § 1, 6-17-80; Ord. 2045 § 25, 9-21-93; Ord. 12-2004 § 6, 6-1-04. 1990 Code § 8-2141.4.)

18.25.980 Dwelling unit.

“Dwelling unit” shall mean one room, or a suite of two or more rooms, designed for or used by one family for living and sleeping purposes and having only one kitchen or kitchenette which shall be readily accessible by all residents of the dwelling who take their meals in the dwelling. (Ord. 87 § 8-2134; Ord. 1386 §§ 1, 6, 6-17-80. 1990 Code § 8-2141.5.)

18.25.990 Easement.

“Easement” shall mean a grant of one or more of the property rights by the property owner to a public (i.e., water or sanitary sewer district) or private (i.e., homeowners’ association) entity for use by the public, a corporation, or another person or entity. (Ord. 2045 § 26, 9-21-93. 1990 Code § 8-2141.6.)

18.25.1000 Eating place with all alcoholic beverages.

“Eating place with all alcoholic beverages” shall mean an establishment as defined in Section 18.25.1020 except that it serves distilled alcoholic beverages, with such service being secondary to food sales. (Ord. 2407 § 2, 10-24-00. 1990 Code § 8-2141.6.3.)

18.25.1010 Eating place with beer and wine.

“Eating place with beer and wine” shall mean an establishment as defined in Section 18.25.1020 except that it serves beer and wine, with such service being secondary to food sales. (Ord. 2407 § 2, 10-24-00. 1990 Code § 8-2141.6.2.)

18.25.1020 Eating place without alcoholic beverages.

“Eating place without alcoholic beverages” shall mean an establishment primarily engaged in the retail sale of prepared food and drink for on-premises or immediate consumption. Alcoholic beverages are not served. Eating places may have areas of the facility available for private rental, but this is not the primary function of the business. Less than 50 percent of the seating area of the establishment is devoted to separate banquet area available for private rental and the facility is open to the general public at least 75 percent of the days open for business (i.e., not more than one day of banquet hall use/three days as an eating place). When a facility is open to the general public as an eating place with a room or area being used for private events at the same time, the facility is considered open as an eating place. Also refer to definitions of “drive-in eating place”; “fast food restaurant”; “eating place with beer and wine”; and “eating place with all alcoholic beverages.” (Ord. 2407 § 2, 10-24-00. 1990 Code § 8-2141.6.1.)

18.25.1030 Emergency shelters.

“Emergency shelter” is defined by Cal. Health & Safety Code § 50801(e) and does not include: (a) transitional housing;1 or (b) temporary shelter provided by general relief in the wake of a disaster where assistance by the American Red Cross and/or federal disaster relief program is provided. Emergency shelters are governed by Section 18.190.150.

Cal. Health & Safety Code § 50801(e) is reprinted here for reference:

“‘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.” This paragraph is advisory only and not intended to deviate from state law as it may be amended from time to time. (Ord. 1-2009 § 2, 1-6-09. 1990 Code § 8-2141.6.3.5.)

18.25.1035 Enforcement officer.

“Enforcement officer” shall mean the city manager, the officer named in Section 1.15.050(b)(8)(A) (power of arrest), Chapter 1.15 (penalty provisions), and/or any other persons designated by the city manager to administer and enforce the provisions of this title. (Ord. 2004 § 14, 5-12-92. 1990 Code § 8-2100.1.)

18.25.1040 Exhibition or conference halls.

“Exhibition or conference halls” shall mean an establishment primarily engaged in providing and/or managing a facility for conventions, conferences, trade shows, festivals, and other events held within a facility designed and approved for this purpose. Meals or refreshments need not be provided. (Ord. 2-2013 § 4, 1-15-13. 1990 Code § 8-2141.6.4.)

18.25.1050 Expressway.

“Expressway” shall mean a multiple-lane, major arterial roadway with limited or no single-family dwelling unit driveway access. Expressways may include grade-separated intersections and raised medians separating opposing traffic. (Ord. 2045 § 27, 9-21-93. 1990 Code § 8-2141.7.)

18.25.1060 Family.

“Family” shall mean:

(a)    One person living alone;

(b)    Two or more persons living together who have made social, economic and psychological commitments to each other and who constitute a bona fide single housekeeping unit. (Ord. 87 § 8-2136; Ord. 927 § 2, 11-7-72; Ord. 1386 § 1, 6-17-80; Ord. 1560 § 1, 6-7-83. 1990 Code § 8-2142.)

18.25.1070 Family day care home, large.

“Large family day care home” shall mean a home that is not a small family day care home in accordance with state licensing provisions and that provides family day care for seven to 14 children with more than 12 children permitted only in accordance with state licensing provisions. The total number of children served by the day care shall include any children under the age of 10 residing at the site. (Ord. 1624 § 1, 8-28-84; Ord. 2003 § 1, 5-12-92; Ord. 2236 § 1, 4-15-97. 1990 Code § 8-2142.5.)

18.25.1080 Family day care home, small.

“Small family day care home” shall mean a home that provides family day care for eight or fewer children with more than six children permitted only in accordance with state licensing provisions. The total number of children served by the day care shall include any children under the age of 10 residing at the site. (Ord. 1624 § 1, 8-28-84; Ord. 2236 § 2, 4-15-97. 1990 Code § 8-2142.6.)

18.25.1090 Fast-food restaurant.

“Fast-food restaurant” shall mean any retail establishment intended primarily to provide food service for off-site dining (with limited or no table service) and/or take-out food service, including self-serve restaurants (excluding cafeterias where food is consumed on the premises), and franchise restaurants required by contract or other arrangement to offer standardized menus, ingredients and fast-food preparation. (Ord. 2045 § 28, 9-21-93. 1990 Code § 8-2142.8.)

18.25.1100 Fence.

“Fence” shall mean a structure made of wire, wood, metal, masonry or other material used as a screen or enclosure for a field, yard or lot. (Ord. 1040 § 1, 4-22-75; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2143.)

18.25.1110 Fence, finished appearance.

“Finished appearance,” as applied to fencing, shall generally mean the shielding of posts and rails by the application of a facing. Fencing in which such posts and rails are made a design feature of the fence or is so constructed that the posts and rails have the same appearance on both sides shall be considered as having a finished appearance on both sides. (Ord. 1040 § 1, 4-22-75; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2143.1.)

18.25.1120 Fence height.

“Fence height” shall mean the difference in elevation between the top of a fence or hedge and the ground surface on that side of the fence or hedge on which the ground is lower. Where a fence is erected atop or within 10 feet of a retaining wall on the property line or on the same lot, the height of the fence shall include the height of the retaining wall, but shall not include the height of the slope between the retaining wall and the bottom of the fence. (Ord. 1040 § 1, 4-22-75; Ord. 1240 § 1, 3-21-78; Ord. 1386 § 1, 6-17-80; Ord. 2504 § 3, 7-15-03. 1990 Code § 8-2143.2.)

18.25.1130 Fence, open.

“Open fence” shall mean a fence constructed with material consisting of woven wire or other metals which restricts movement but not visibility. (Ord. 1040 § 1, 4-22-75; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2143.3.)

18.25.1140 Firearms.

“Firearms” shall mean any device, designed to be used as a weapon or modified to be used as a weapon, from which a projectile is expelled through a barrel by the force of an explosion or other form of combustion. (Ord. 2081 § 1, 7-26-94. 1990 Code § 8-2143.7.)

18.25.1150 Firearms dealer.

“Firearms dealer” shall mean a person engaged in the business of selling, transferring, leasing, or advertising for sale, transfer or lease, or offering or exposing for sale, transfer, or lease any firearm with the exception of a Bureau of Alcohol, Tobacco and Firearms Federal Firearms License of Type 03 (collectors of curios and relics) and Type 01 (limited to those who engage only in gunsmith activities and does not conduct any sales transactions). Included in this definition are persons involved solely in the warehousing and storage of firearms. (Ord. 2081 § 2, 7-26-94. 1990 Code § 8-2143.8.)

18.25.1160 Floodproof.

“Floodproof” structure shall mean any structure which, in the opinion of the chief building official, is designed and constructed to resist flotation, destruction or major damage by floodwaters. (Ord. 1065 § 2, 9-9-75; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2144.)

18.25.1170 Floodwater.

“Floodwater” shall mean a body of water resulting from an overflow of a river, channel, bay or drainage canal, or backwater due to inadequate downstream capacity which inundates the land. (Ord. 1065 § 3, 9-9-75; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2145.)

18.25.1180 Floodwater without velocity.

“Floodwater without velocity” shall mean floodwater which lacks any significant current as differentiated from a watercourse with a significant current and a high volume of water moving past any given point of reference. (Ord. 1065 § 3, 9-9-75; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2145.1.)

18.25.1190 Floodway.

“Floodway” shall mean the channel of a stream and those portions of the floodplain adjoining the channel that are required to carry and discharge the floodwater or flood flows of any river or stream, including but not limited to flood flows associated with the regulatory 100-year flood. (Ord. 1065 § 3, 9-9-75; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2146.)

18.25.1200 Floor area or gross floor area.

“Floor area” or “gross floor area” shall mean the sum of the areas of all the floors of a structure or structures on a single parcel, including mezzanines, as measured by the exterior faces of the walls, minus any area within the structure or structures devoted to parking, atriums, enclosed malls (other than rental spaces) and similar uses. (Ord. 1328 § 2, 6-5-79; Ord. 1386 §§ 1, 7, 6-17-80; Ord. 2045 § 29, 9-21-93. 1990 Code § 8-2147.)

18.25.1210 Floor area ratio (FAR).

“Floor area ratio (FAR)” shall mean the measurement of building intensity determined by the ratio of gross floor area to net lot area. The FAR is calculated by dividing the gross floor area, including mezzanines, of all buildings on a single lot by the net area of said lot. (Ord. 2045 § 30, 9-21-93. 1990 Code § 8-2147.2.)

18.25.1220 Food preparation facility for off-site consumption.

“Food preparation facility for off-site consumption” shall mean a facility which prepares food and/or meals which are delivered off site for the homeless which is operated by a public or quasi-public agency. (Ord. 1885 § 1, 8-22-89. 1990 Code § 8-2147.4.)

18.25.1230 Food storage and distribution facility.

“Food storage and distribution facility” shall mean a facility for the homeless used to store and/or distribute food, clothing and other essential items to individuals and families in need which is operated by a public or quasi-public agency. (Ord. 1885 § 2, 8-22-89. 1990 Code § 8-2147.5.)

18.25.1240 Freeway.

“Freeway” means a highway in respect to which the owners of abutting lands have no right or easement of access to or from their abutting lands or in respect to which such owners have only limited or restricted right or easement of access. The term “freeway” has the same meaning as the term “freeway” as defined in the California Streets and Highways Code. (Ord. 1003 § 2, 9-3-74; Ord. 1065 § 3, 9-9-75; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2148.)

18.25.1250 Game or computing arcade.

“Game or computing arcade” shall mean any establishment (not to include a carnival) in which six or more game or computing devices1 are operated, except:

(a)    A principal business service2 or educational service2 use providing computers, but no other game or computing devices, for customers to operate for a purpose accessory to the principal business or educational use.

(b)    A hotel providing computers for the use of hotel guests in a business center, in private guest rooms, or both. (Ord. 19-2004 § 6, 7-13-04. 1990 Code § 8-2148.2.)

18.25.1260 Game or computing device.

“Game or computing device” shall mean any mechanical, electronic or similar device, including any computer or video game, provided for customers to operate for the purpose of amusement, playing games, or performing any kind of computing activity, such as, but not limited to, word processing, electronic mail, access to the Internet or World Wide Web, multimedia, or conducting simulations, whether upon insertion of a card, cash or token in the machine, or by paying in advance or after use.

(a)    A game or computing device is generally one that is operated for amusement, game or computing purposes only, and does not return money, tokens or merchandise, unless the merchandise is dispensed only upon an exercise of skill.

(b)    This definition includes pinball machines, crane games, video games, karaoke, other stationary audio and video devices (except jukeboxes as accessory uses in eating places), and computers, except computers used only for placing orders or similar purposes.

(c)    This definition excludes vending machines, photo booths, billiard tables, bowling equipment, game equipment worn on the person, amusement rides, state lottery games, health-monitoring machines, and jukeboxes as accessory uses in eating places. (Ord. 19-2004 § 7, 7-13-04. 1990 Code § 8-2148.4.)

18.25.1270 Garage, private.

“Private garage” shall mean an attached or detached accessory building located upon a lot developed with a residential dwelling or dwellings (or a portion of a main residential building) used by the occupants resident upon the premises, principally for the storage of passenger vehicles, and other vehicles and equipment permitted to be located upon the lot. (Ord. 87 § 8-2137; Ord. 627 § 1; Ord. 807 § 1, 11-24-70; Ord. 871 § 9, 10-26-71; Ord. 978 § 2, 2-12-74; Ord. 1241 § 1, 3-21-78; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2149.)

18.25.1280 Garage, public.

“Public garage” shall mean a structure or portion thereof, other than a private garage, used for the storage, sale, hire, care, repair or refinishing of motor vehicles or other vehicles; except that a structure or part thereof used only for storage (as in the case of a public parking area) or display (as in the case of an automobile sales area) of motor vehicles, but not for transients, and at which fuels and oils are not sold and such motor vehicles are not equipped, repaired or hired, shall not be deemed to be a public garage. (Ord. 87 § 8-2138; Ord. 871 § 10, 10-26-71; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2149.1.)

18.25.1290 Gasoline service station.

“Gasoline service station” means a retail place of business engaged in supplying goods and services essential to the normal operation of automobiles, such as dispensing of automobile fuel and motor oil, and lubricating services; the sale and servicing of tires, batteries, replacement items and other automotive accessories; and minor automotive repairs.1 Service stations may also provide a towing service limited to no more than two trucks or equipment rental, subject to conditions of approval by the reviewing agency. This definition does not include vehicle washing (other than by nonprofit organizations when in conformance with the provisions of Section 18.190.550(a), body and fender work, painting or major automobile repairs1). See Section 18.190.190 for special zoning regulations applicable to service stations. (Ord. 5-2008 § 4, 4-1-08. 1990 Code § 8-2149.3.)

18.25.1300 General plan.

“General plan” shall mean the general plan of the city of Fremont, California, as adopted by the city council October 24, 1956, as amended. (Ord. 87 § 8-2139; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2150.)

18.25.1310 Green building.

“Green building” shall mean a whole systems approach (i.e., an ecological and resource-efficient manner) to the design, construction, renovation, and operation of building – from the early stages of development through the final finishes. A green building will exhibit a high level of environmental, economic and engineering performance, including energy and water conservation, indoor environmental quality, materials efficiency, occupant health and productivity, transportation efficiency, minimized use of toxic materials and minimized production of hazardous waste, deterrence to pest infestation, and reduced impact on ecosystems. Typically, a building classified as a green building will exceed the energy requirements of Title 24 of the California Building Code by 20 percent for public buildings and 10 percent for private buildings. (Ord. 17-2004 § 1, 12-7-04/eff. 1-5-05. 1990 Code § 8-2150.3.)

18.25.1320 Guesthouses.

“Guesthouses” shall mean an accessory structure containing no kitchen or cooking facilities and used for the occasional accommodation of a guest or guests. Guesthouses shall be located on the rear half of a building site. On corner lots, guesthouses shall be located no closer to the public street than the principal dwelling structure. (Ord. 1759 § 1, 1-6-87. 1990 Code § 8-2150.5.)

18.25.1330 Guest ranch.

“Guest ranch” shall mean ranch or farm with facilities for not more than 15 guests. (Ord. 87 § 8-2140; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2151.)

18.25.1340 Gunsmith.

“Gunsmith” shall mean a person whose occupation is to design, modify, make or repair firearms. For the sales of firearms, refer to “firearms dealer” under Section 18.25.1150. (Ord. 2081 § 3, 7-26-94. 1990 Code § 8-2151.3.)

18.25.1350 Hazardous material.

“Hazardous materials” categories and classification are defined in Article 2 and Appendix VI-A of the California Fire Code, as may be amended. Additional definitions are based on the definitions in Article I of Chapter 8.35, U.S. Department of Transportation (DOT) Code of Federal Regulations (CFR), Title 49, Parts 100 to 177, and in the hazardous materials table, 49 CFR, Part 172.101, and as the foregoing may be amended. (Ord. 1560 § 1, 6-7-83; Ord. 15-2004 § 1, 6-22-04. 1990 Code § 8-2151.5.)

18.25.1360 Head shop.

“Head shop” shall mean a building or place where merchandise is displayed for the purpose of sale and/or the purpose of promoting sales, where (a) the nature of the merchandise, or (b) the nature of some of the merchandise in the context in which it is displayed would indicate to a reasonable, well-informed person that some of the merchandise is equipment intended to be used for unlawful administration of drugs. (Ord. 1375 § 2, 5-6-80; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2152.)

18.25.1370 Health club.

“Health club” shall mean an establishment generally for members only and offering a wide range of exercise and sports facilities such as game courts, exercise equipment, weight room, locker rooms, jacuzzi and/or sauna, pro-shop and swimming pool. (Ord. 2096 § 1, 11-22-94. 1990 Code § 8-2152.3.)

18.25.1380 Hedge.

“Hedge” shall mean a barrier formed by bushes, shrubs or trees growing close together in a line with interwoven branches. (Ord. 1040 § 1, 4-22-75; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2153.)

18.25.1390 Highway.

“Highway” shall mean a high speed, high capacity, limited access transportation facility or roadway serving county-wide and regional travel. (Ord. 2045 § 31, 9-21-93. 1990 Code § 8-2153.1.)

18.25.1400 Hill area.

“Hill area” as shown on the general plan consists of three distinct hill areas, namely:

(a)    The hill area located above the toe of the hill1 line, subject to the provisions of the Hill Area Initiative of 2002.

(b)    The hill area located below the toe of the hill1 line but within the area affected by the Hillside Initiative of 1981. This area is generally located easterly of Mission Boulevard and I-680.

(c)    The other hill areas not included in subsections (a) and (b) of this section. These areas are generally located between the northern and southern crossings of Mission Boulevard and I-680 as well as the Coyote Hills area.

As used in this title, “hill area” does not correspond to the hill planning area as identified on the general plan. (Ord. 21-2005 § 1(Exh. A-1b), 7-26-05. 1990 Code § 8-2153.6.)

18.25.1410 Hill face.

“Hill face” shall mean those lands situated between the toe of the hill and the ridgeline, as defined on the general plan land use diagrams and zoning maps. (Ord. 2045 § 32, 9-21-93. 1990 Code § 8-2153.5.)

18.25.1420 Hilltop.

“Hilltop” shall mean a prominent location above the toe of the hill1 line, which is noticeably higher in elevation than the immediately surrounding terrain. Hilltops may occur on or along a ridgeline1 but also may occur below a ridgeline1 in the form of knolls, rounded hills as well as the top or peak of a hill. (Ord. 21-2005 § 1(Exh. A-1b), 7-26-05. 1990 Code § 8-2153.7.)

18.25.1430 Historical resource.

“Historical resource” shall mean any building, structure, tree, plant life or site that either serves as a reminder of past eras, events or persons important in local or other history, or represents a significant example of an architectural style of the past. (Ord. 1109 § 1, 8-3-76; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2154.)

18.25.1440 Historical resource site.

“Historical resource site” shall mean any place constituting an historical resource not otherwise defined as historical resource structure. Such term includes, but is not limited to, creeks, sloughs, landings, ponds, lagoons, watercourses, canyons, historical communities, cemeteries and burial grounds, mountain peaks and passes, gravel pits, locations of previously existing buildings and structures, and locations of archeological significance. (Ord. 1109 § 1, 8-3-76; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2154.1.)

18.25.1450 Historical resource structure.

“Historical resource structure” shall mean any building, structure, tree or plant life constituting an historical resource. (Ord. 1109 § 1, 8-3-76; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2154.2.)

18.25.1460 Home improvement center.

“Home improvement center” shall mean a retail establishment which carries a full line of building materials, appurtenances and decorator items for individual “do-it-yourselfer” residents, to facilitate the improvement, rehabilitation and maintenance of individual dwellings. This use is different in function from a building supply yard or lumberyard which stores large volumes of building materials for contractors, home builders and/or individuals, most of which is stored in special sheds or out-of-doors. (Ord. 1120 § 8, 11-2-76; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2155.)

18.25.1470 Homeless.

“Homeless” shall mean individuals or families without permanent shelter. (Ord. 1885 § 3, 8-22-89. 1990 Code § 8-2155.5.)

18.25.1480 Home occupation.

“Home occupation” shall mean a use customarily carried on in a dwelling by a resident thereof, which use is merely incidental to the residential use of the dwelling and subject to criteria as provided elsewhere in this title. (Ord. 87 § 8-2141; Ord. 352 § 1; Ord. 1086 § 1, 1-20-76; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2156.)

18.25.1490 Hotel, full service.

“Hotel, full service” shall mean an establishment that provides overnight lodging for tourists or transients and that also provides as part of the hotel operations any of the following: restaurant, bar, drinking place, nightclub, conference rooms, or banquet facilities. (Ord. 2407 § 2, 10-24-00. 1990 Code § 8-2156.0.1.)

18.25.1500 Hotel, limited service.

“Hotel, limited service” shall mean an establishment that provides overnight lodging for tourists or transients but does not provide as part of the hotel operations any of the following: restaurant, bar, drinking place, nightclub, conference rooms, or banquet facilities. (Ord. 2407 § 2, 10-24-00. 1990 Code § 8-2156.0.2.)

18.25.1510 Income, very-low, lower or moderate.

“Very-low income” shall mean households with a gross income 50 percent or below the area (Oakland Primary Metropolitan Statistical Area) median income, adjusted for household size. “Lower income” shall mean households with a gross income between 51 percent and 80 percent of the area median income, adjusted for household size. “Moderate income” shall mean households with a gross income between 81 percent and 120 percent of the area median income, adjusted for household size. (Ord. 2045 § 33, 9-21-93. 1990 Code § 8-2156.1.)

18.25.1520 Industrial park.

“Industrial park” shall mean a combination of contiguous lots specifically planned for industrial uses, having continuity of design and function and uniform or integrated standards of development established by contract, covenant or deed restriction. (Ord. 1328 § 3, 6-5-79; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2157.)

18.25.1530 Karaoke.

“Karaoke” shall mean a device that plays recorded audio accompaniment for a selection of songs to which the user sings along, and that records the user’s singing with the music, or any similar device. (Ord. 19-2004 § 8, 7-13-04. 1990 Code § 8-2157.4.)

18.25.1540 Karaoke booth.

“Karaoke booth” shall mean a booth or room for the operation of a karaoke1 or the offering of other entertainments, the interior of which is not open to all customers in the establishment in which the booth is located without paying special fees or making other special arrangements. A room for massage and a booth or room in an adult arcade are not karaoke booths. (Ord. 19-2004 § 9, 7-13-04. 1990 Code § 8-2157.6.)

18.25.1550 Kennel.

“Kennel” shall mean a building or portion thereof, or other enclosure used to confine, feed, exercise, show or provide shelter for more than five cats or dogs, 10 weeks of age or older. Veterinarians’ offices are specifically excluded. (Ord. 87 § 8-2142; Ord. 1115 § 2, 10-12-76; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2158.)

18.25.1560 Kitchen, kitchenette.

“Kitchen” or “kitchenette” shall mean a room or portion of a room which is primarily used for the preparation of food and which contains facilities such as a sink, refrigerator, cabinets and major cooking appliances. (Ord. 1386 § 9, 6-17-80. 1990 Code § 8-2159.)

18.25.1570 Landscaping.

“Landscaping” shall mean the planting and maintenance of trees, shrubs, lawns and other evergreen ground cover or material, including inorganic accessory materials utilized to accent or complement the vegetation. (Ord. 793 § 1, 9-15-70; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2160.)

18.25.1580 Landscaping, appropriate.

“Appropriate landscaping” shall mean plant vegetation that appears natural and native to the surrounding environment in the context of development located above the toe of the hill1 line. (Ord. 21-2005 § 1(Exh. A-1b), 7-26-05. 1990 Code § 8-2160.1.)

18.25.1590 License authority.

“License authority” shall mean the finance director/treasurer or any other person designated to carry out the duties of license authority for the city pursuant to Chapter 5.65. (Ord. 2096 § 2, 11-22-94. 1990 Code § 8-2160.5.)

18.25.1600 Livestock.

“Livestock” shall mean domestic animals customarily kept, used, maintained or raised on a farm or ranch for commercial purposes, including but not limited to horses, ponies, burros, mules, donkeys, cows, steers, sheep, goats, chickens, ducks, geese, swine and rabbits. (Ord. 1115 § 3, 10-12-76; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2161.)

18.25.1610 Live/work units.

“Live/work units” shall mean those units consisting of both commercial and residential components within a single unit, which are used as the primary dwellings and business locations by the occupant(s). Live/work units shall be subject to the provisions specified in Chapter 18.190. “Home occupation,” where the additional use is merely incidental to the primary residential use of the dwelling, is defined elsewhere in this chapter. (Ord. 2506, Exh. A § 1, 7-22-03. 1990 Code § 8-2161.5.)

18.25.1620 Lot.

“Lot” shall mean a piece or parcel of land owned as a single unit in common ownership, occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings, or utilized for a principal use and uses accessory thereto, together with such open spaces as are required by this title, and having frontage on and access to an approved and accepted city street which meets the standards of width and improvements as specified in the regulations of the city contained in or adopted pursuant to the subdivision title and street improvement chapter as to the section and the frontage of the lot involved, or having frontage on and access to an approved private street. (Ord. 87 § 8-2143; Ord. 762 § 1, 1-27-70; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2162.)

18.25.1630 Lot area.

“Lot area” shall mean the total area included within the lot lines of a lot, excluding public and/or private street right-of-way, generally expressed in terms of square feet or acres. (Ord. 762 § 2, 1-27-70; Ord. 1386 § 1, 6-17-80; Ord. 1560 § 1, 6-7-83; Ord. 1759 § 4, 1-6-87. 1990 Code § 8-2162.1.)

18.25.1640 Lot, corner.

“Corner lot” shall mean a lot abutting upon two streets at their intersections, or abutting upon a curvature of a single street, where such streets or curvature form an interior angle of less than 135 degrees. The point of intersection of the street lot lines, extended, is the corner. A corner lot may have more than one corner and may also abut upon one or more streets which do not form the corner or corners of the lot. (Ord. 87 § 8-2144; Ord. 762 § 3, 1-27-70; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2162.2.)

18.25.1650 Lot coverage.

“Lot coverage” shall mean that portion of the lot area covered by a building. (Ord. 87 § 8-2145; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2162.3.)

18.25.1660 Lot depth.

“Lot depth” shall mean the horizontal distance between the front and the rear lot lines. (Ord. 87 § 8-2146; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2162.4.)

18.25.1670 Lot, flag.

“Flag lot” shall mean a lot having a shape similar to an outstretched flag and its support pole. The lot shall have direct access to a public or private roadway by the long, narrow portion of the property commonly called the “pole.” The buildable portion of the flag lot shall be the wider area of the lot which is located beyond the pole. The buildable portion is referred to as the “flag” portion of the lot. Measurements for required yard areas shall be taken from within the flag portion of the lot, exclusive of the pole section, with the front yard being immediately adjacent and perpendicular to the pole. (Ord. 2045 § 34, 9-21-93. 1990 Code § 8-2162.4.1.)

18.25.1680 Lot, interior.

“Interior lot” shall mean a lot which has only one front lot line. (Ord. 87 § 8-2148; Ord. 762 § 6, 1-27-70; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2162.5.)

18.25.1690 Lot line.

“Lot line” shall mean the property lines bounding the lot. (Ord. 87 § 8-2149; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2162.6.)

18.25.1700 Lot line, alley.

“Alley lot line” shall mean a rear lot line separating the lot from an alley. (Ord. 573 § 3; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2162.6.1.)

18.25.1710 Lot line, front.

“Front lot line” shall mean any of the following:

(a)    Each street lot line of an interior or through lot;

(b)    Either one or the other of the two street lot lines forming a corner of a corner lot; and

(c)    Any street lot line not forming a corner of a corner lot. (Ord. 87 § 8-2150; Ord. 573 § 1; Ord. 762 § 7, 1-27-70; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2162.6.2.)

18.25.1720 Lot line, quasi-zero.

“Quasi-zero lot line” means constructed on a boundary of an easement conferring on the owner of adjacent property (the dominant tenant) a right of use for recreation and/or landscaping. A “quasi-zero lot line wall” means a wall constructed on a boundary of such an easement and a “quasi-zero lot line residential development” means a residential development in which the dwellings have one quasi-zero lot line wall. (Ord. 2504 § 4, 7-15-03. 1990 Code § 8-2162.6.2.5.)

18.25.1730 Lot line, rear.

“Rear lot line” shall mean the lot line opposite and most distant from, as well as most closely parallel to, the front lot line, where such lot line is not also a street lot line. In the case of an irregular shaped lot or a lot bounded by only three lot lines, a line within the lot having a minimum length of 10 feet, parallel to and most distant from the front lot line, shall be interpreted as the rear lot line for the purpose of determining required yards, setbacks and other provisions of the municipal code. (Ord. 87 § 8-2151; Ord. 573 § 1; Ord. 1386 § 1, 6-17-80; Ord. 2045 § 35, 9-21-93. 1990 Code § 8-2162.6.3.)

18.25.1740 Lot line, side.

“Side lot line” shall mean any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a “side street lot line.” A side lot line separating a lot from another lot or lots is called an “interior side lot line.” (Ord. 87 § 8-2152; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2162.6.4.)

18.25.1750 Lot line, street.

“Street lot line” shall mean a lot line separating the lot from a street. (Ord. 87 § 8-2153; Ord. 573 § 1; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2162.6.5.)

18.25.1760 Lot line, zero.

“Zero lot line” means constructed on a lot line. A “zero lot line wall” means a wall constructed on a lot line and a “zero lot line residential development” means a residential development in which the dwellings have one zero lot line wall. (Ord. 2504 § 5, 7-15-03. 1990 Code § 8-2162.6.6.)

18.25.1770 Lot, reversed corner.

“Reversed corner lot” shall mean a corner lot the rear of which abuts upon the side of another lot, whether or not across an alley. (Ord. 1040 § 2, 4-22-75; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2162.7.)

18.25.1780 Lot, through.

“Through lot” shall mean a lot which has two or more front lot lines which do not intersect to form a corner lot. (Ord. 573 § 3; Ord. 762 § 4, 1-27-70; Ord. 1040 § 2, 4-22-75; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2162.8.)

18.25.1790 Lot width.

“Lot width” shall mean the width of the lot measured at right angles to its depth. (Ord. 87 § 8-2154; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2162.9.)

18.25.1800 Manufactured home.

“Manufactured home” shall mean a factory-built dwelling unit or units, transportable in one or more sections and built on a permanent chassis. A manufactured home shall not be constructed with a permanent hitch or other device permitting the transport of the unit other than for the purpose of delivery to a permanent site. The unit shall not have wheels or axles permanently attached to its body or frame. This term shall not include trailers, trailer coaches or mobile homes as defined in this chapter. (Ord. 2045 § 36, 9-21-93; Ord. 12-2004 § 7, 6-1-04. 1990 Code § 8-2162.9.2.)

18.25.1810 Manufacturing process.

“Manufacturing process” shall mean the fabrication, processing, assembly, or blending of organic or inorganic materials and/or substances into new products. The materials used in the manufacturing process may include products of agriculture,1 forestry, fishing, mining and quarrying as well as products of other manufacturing establishments. The new product may be “finished” in the sense that it is ready for use or consumption, or it may be “semifinished” to become a component for further manufacturing. Manufactured products are customarily directed to the wholesale market, interplant transfer, or industrial users, rather than for direct sale to the consumer. (Ord. 1560 § 1, 6-7-83; Ord. 2423 § 1, 4-10-01. 1990 Code § 8-2162.9.5.)

18.25.1820 Massage.

“Massage” means any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the human body with the hands or other parts of the body or with the aid of any mechanical or electrical apparatus, or other appliances or devices, with or without the use of rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment or other similar preparations. “Massage” includes, but is not limited to, shiatsu, acupressure or similar activities. (Ord. 2096 § 3, 11-22-94; Ord. 2472 § 1, 7-2-02. 1990 Code § 8-2162.9.5.1.)

18.25.1830 Massage establishment.

“Massage establishment” means any establishment having a fixed place of business where any person provides, receives, or permits others to provide or receive massage services. “Massage establishment” includes, but is not limited to, any beauty salon, hot tub or sauna facility, health and fitness center/club or tanning salon in which massage services are provided to customers. (Ord. 2096 § 4, 11-22-94; Ord. 2472 § 2, 7-2-02. 1990 Code § 8-2162.9.5.2.)

18.25.1840 Massage service(s).

“Massage services” means providing massage(s) or bath, shower or health treatments including, but not limited to, vapor, shower, whirlpool tub, sponge, hot towel, relaxation services, sauna or steam involving any element of massage in exchange for compensation of any type. “Massage services” includes offering “free” massage in conjunction with other goods or services provided in exchange for compensation of any type. (Ord. 2096 § 5, 11-22-94; Ord. 2472 § 3, 7-2-02. 1990 Code § 8-2162.9.5.3.)

18.25.1850 Massage technician.

“Massage technician” means any person who provides massage services to another person. (Ord. 2096 § 6, 11-22-94; Ord. 2472 § 4, 7-2-02. 1990 Code § 8-2162.9.5.4.)

18.25.1860 Meal service facility.

“Meal service facility” shall mean a facility operated by a public or quasi-public agency from which meals are served on site to homeless individuals or families. (Ord. 1885 § 4, 8-22-89. 1990 Code § 8-2162.9.6.)

18.25.1870 Medical clinic, convenience.

“Medical clinic, convenience” shall mean a medical clinic of 500 square feet or less located within a general merchandise store which provides minor, nonemergency outpatient health care services. (Ord. 26-2006 § 1, 12-19-06. 1990 Code § 8-2162.9.6.5.)

18.25.1872 Medical marijuana cultivation.

“Medical marijuana cultivation” means the planting, growing, harvesting, drying, or processing of marijuana plants, or any parts thereof. (Ord. 12-2014 § 2, 3-4-14.)

18.25.1875 Medical marijuana dispensary.

“Medical marijuana dispensary” means any facility or location, whether fixed or mobile, where medical marijuana is made available to, or distributed to, or distributed by, one or more of the following: a primary caregiver, a qualified patient, or a patient with an identification card. All three of these terms are identified in strict accordance with Cal. Health & Safety Code §§ 11362.5 et seq. A “medical marijuana dispensary” shall not include the following uses, as long as the location of such uses is otherwise regulated by this code or applicable law: a clinic licensed pursuant to Cal. Health & Safety Code Division 2, Chapter 1, a healthcare facility licensed pursuant to Cal. Health & Safety Code Division 2, Chapter 2, a facility licensed pursuant to Cal. Health & Safety Code Division 2, Chapter 2, a residential care facility for persons with chronic life-threatening illness licensed pursuant to Cal. Health & Safety Code Division 2, Chapter 3.01, a residential care facility for the elderly licensed pursuant to Cal. Health & Safety Code Division 2, Chapter 3.2, a residential hospice or a home health agency licensed pursuant to Cal. Health & Safety Code Division 2, Chapter 8, as long as such use complies strictly with applicable law, including, but not limited to, Cal. Health & Safety Code §§ 11362.5 et seq. (Ord. 16-2006 § 1, 7-25-06; Ord. 12-2014 § 3, 3-4-14. 1990 Code § 8-2136.5. Formerly 18.25.830.)

18.25.1880 Mini-warehouses for household goods.

“Mini-warehouses for household goods” shall include self-storage within an enclosed building or group of buildings divided into separate, lockable compartments used to meet temporary storage needs for small businesses or individuals where the separate compartments are rented out to different tenants. Mini-warehouse facilities also include a caretaker quarters. See Section 18.190.330, Mini-warehouses for household goods, for development standards for this use. Also see Section 18.190.610 for “general warehouse1” development standards. (Ord. 8-2008 § 3, 4-22-08. 1990 Code § 8-2162.9.6.1.)

18.25.1890 Mixed-use development.

“Mixed-use development” shall mean a development consisting of one or more lots developed as a cohesive project and designed with a blend of various compatible uses such as commercial, residential and institutional. The uses may be located in the same building or in separate buildings. A mixed-use development should not consist exclusively of live/work units. (Ord. 17-2004 § 2, 12-7-04/eff. 1-5-05. 1990 Code § 8-2162.9.7.)

18.25.1900 Mobile home.

“Mobile home” shall mean a vehicle designed and equipped for human habitation, and for being drawn by a motor vehicle. A mobile home is a type of “trailer” or “trailer coach” or “semitrailer” as such terms are defined in the California Vehicle Code, and has the same meaning as “mobile home” as such term is defined in the California Health and Safety Code. (For the purposes of this title, the terms “mobile home,” “travel trailer” and “trailer,” which are each separately defined terms in this chapter, are mutually exclusive terms.) (Ord. 871 § 3, 10-26-71; Ord. 978 § 2, 2-12-74; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2163.)

18.25.1910 Mobile home park.

“Mobile home park” shall mean any area or tract of land where one or more mobile home sites are rented or leased or held out for rent or lease to accommodate mobile homes for human habitation. The term “mobile home park” has the same meaning as “mobile home park” as such term is defined in the California Health and Safety Code. (Ord. 871 § 3, 10-26-71; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2163.1.)

18.25.1920 Mobile recycling unit.

“Mobile recycling unit” shall mean an automobile, truck, trailer or van, licensed by the Department of Motor Vehicles and used for the collection and transportation of recyclable materials. A “mobile recycling unit” also means the bins, boxes or containers transported by automobiles, trucks, vans or trailers, and used for the collection of recyclable materials. (Ord. 1797 § 3, 9-22-87; Ord. 1799 § 3, 10-13-87. 1990 Code § 8-2163.3.)

18.25.1930 Mobile vending vehicle/cart.

“Mobile vending vehicle/cart” shall mean any motorized or nonmotorized vehicle/cart used as a mobile vending vehicle/cart operation in the operation of a business. (Ord. 1647 § 5, 1-22-85; Ord. 1672 § 2, 7-9-85; Ord. 1783 § 4, 6-23-87. 1990 Code § 8-2163.6.)

18.25.1940 Mobile vending vehicle/cart operator.

“Mobile vending vehicle/cart operator” shall mean any hawker, vendor or other person who sells from a mobile vending vehicle/cart at a stationary location within the city selling and making immediate delivery or offering for sale and immediate delivery any goods, wares, merchandise or anything of value in his/her possession to persons other than manufacturers, wholesalers, jobbers or retailers in such commodities. (Ord. 1647 § 5, 1-22-85; amended during 2012 reformat. 1990 Code § 8-2163.5.)

18.25.1950 Motel, including motor hotel.

“Motel” or “motor hotel” shall mean a group of buildings containing individual sleeping or living units, designed for use by automobile tourists or transients, with garage attached or parking space conveniently located to each unit. (Ord. 87 § 8-2155; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2164.)

18.25.1960 Motion picture theater.

“Motion picture theater” shall mean an establishment providing indoor exhibition of motion pictures. The audience is seated in rows of chairs without tables. Refreshments may be served or purchased in an area of the establishment other than the seating area of the theater. (Ord. 2407 § 2, 10-24-00. 1990 Code § 8-2164.1.)

18.25.1970 Motor home.

“Motor home” shall mean a motor vehicle originally designed, or permanently altered, and equipped for human habitation, or to which a camper has been permanently attached. A motor vehicle to which a camper has been temporarily attached is not a motor home. The term “motor home” includes within its meanings the terms “motor home,” “house car” and “camp car” (with motor power), as such terms are used or defined in the California Vehicle Code or the California Health and Safety Code. (Ord. 871 § 3, 10-26-71; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2165.)

18.25.1980 Motortruck.

“Motortruck” shall mean any motor vehicle designed, used or maintained primarily for the transportation of property. The term “motortruck” includes within its meaning the terms “motortruck” and “truck tractor” as such terms are defined in the California Vehicle Code, except as modified by the definition in this title of “passenger vehicle” to include certain motor vehicles as passenger vehicles which are otherwise motortrucks or to include certain motor vehicles as motortrucks which are otherwise passenger vehicles. (Ord. 871 § 3, 10-26-71; Ord. 978 § 2, 2-12-74; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2165.1.)

18.25.1990 Natural land slope.

“Natural land slope” shall mean the predominant slope or slopes in its natural condition disregarding minor surface humps or hollows. (Ord. 1020 § 1, 1-7-75; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2166.)

18.25.1995 Net acre.

“Net acre” means the remaining area of a parcel of land after all portions not available for development are excluded. A net acre excludes existing public right-of-way on a parcel, existing adjacent public right-of-way to be improved per the city’s municipal code, utility easements located on or traversing the parcel, but not serving the parcel, if no structures can be located on the easement, and riparian areas or corridors defined by the riparian drip line. (Ord. 22-2012 § 6, 12-4-12. 1990 Code § 8-2166.2.)

18.25.1997 Net density.

“Net density” means the number of housing units allowed on a parcel of land per net acre. When the density calculation for a parcel results in a fraction, the density may be rounded up to the next whole unit. (Ord. 22-2012 § 7, 12-4-12. 1990 Code § 8-2166.3.)

18.25.2000 Nightclub.

“Nightclub” shall mean a drinking place that features or accommodates dancing or provides live entertainment, not including entertainment by a single musician performing instrumental music only or entertainment consisting of the operation of a single karaoke.1 (Ord. 1120 § 9, 11-2-76; Ord. 1386 § 1, 6-17-80; Ord. 19-2004 § 10, 7-13-04. 1990 Code § 8-2167.)

18.25.2010 Nonconforming lot.

“Nonconforming lot” shall mean a lot which, when lawfully created or established, complied with the width and area requirements of the district where located, but which does not conform to the presently existing area or width regulations of the district where located (or which does not conform to the presently existing requirements of the subdivision ordinance governing lot standards). (Ord. 1069 § 1, 10-28-75; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2168.1.)

18.25.2020 Nonconforming structure or building.

“Nonconforming structure or building” shall mean a structure or building or portion thereof which:

(a)    Complied with the height, lot area, parking area, yard, building setback and frontage requirements in effect at the time of construction; but

(b)    Presently does not conform to the existing height, lot area, parking area, setback or frontage requirements. (Ord. 1069 § 1, 10-28-75; Ord. 1386 § 1, 6-17-80; Ord. 1657 § 1, 4-16-85; Ord. 1759 § 5, 1-6-87. 1990 Code § 8-2168.)

18.25.2030 Nonconforming use.

“Nonconforming use” shall mean a use which, when commenced, complied with use regulations of the district in which such use was commenced, and which does not conform to the presently existing use regulations of the district where the use is being conducted or carried on. The term “nonconforming use” shall be applicable to use of buildings, structures and land. (Ord. 87 § 8-2156; Ord. 1069 § 2, 10-28-75; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2168.2.)

18.25.2040 Nonconventional principal residential structure.

“Nonconventional principal residential structure” shall mean a principal residential single- and two-family structure which is not detached from the principal dwellings on abutting lots or which is a townhouse, a patio home, a zero lot line home or a similar structure. (Ord. 1071 § 1, 11-4-75; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2169.)

18.25.2050 North American Industrial Classification System Manual.

“North American Industrial Classification System Manual” or “NAICS Manual” shall mean the latest publication of the North American Industrial Classification System Manual prepared by the Executive Office of the President of the United States, Office of Management and Budget, and available online at www.census.gov/naics, or through major book outlets. As used in this title, along with the SIC Manual, the NAICS provides descriptions of uses enumerated in the various use districts, except where such uses are otherwise defined in this title. Also see “Standard Industrial Classification Manual.1” (Ord. 8-2008 § 3, 4-22-08. 1990 Code § 8-2169.1.)

18.25.2060 Notice of public hearing.

“Notice of a public hearing” means a notice that includes the date, time and place of a public hearing, the identity of the hearing body or officer, a general explanation of the matter to be considered, including the proposed environmental determination and action, if any, under the California Environmental Quality Act and/or National Environmental Policy Act, the recommendation of the planning commission, if any, and a general description, in text or by diagram, of the location of the real property, if any, that is the subject of the hearing. (Ord. 2331 § 1, 5-11-99; Ord. 9-2014 § 5, 3-4-14. 1990 Code § 8-2169.5.)

18.25.2070 Nursery.

“Nursery” shall mean an area where agricultural products are grown for transplanting, for use of stock for budding and grafting, or for sale on the premises. (Ord. 977 § 1, 2-12-74; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2170.)

18.25.2080 Nursery, agricultural.

“Agricultural nursery” shall mean a nursery at which items sold are limited to agricultural products grown on the premises. (Ord. 977 § 1, 2-12-74; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2170.1.)

18.25.2090 Nursery, commercial.

“Commercial nursery” shall mean an agricultural nursery selling products not grown on the premises (such as fertilizer, sprays, shears and garden hose), but which are associated with the care and maintenance of plants. (Ord. 977 § 1, 2-12-74; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2170.2.)

18.25.2100 Nursery school, children’s.

“Children’s nursery school” shall mean an establishment for the part-time care, whether or not for compensation, of more than 14 children, other than those residing on the site. Child day care could also be operated at a nonresidential site if allowed by the underlying zoning district. The primary service provided is the caretaking of children, and not instruction or educational learning. Also see “child day care1” and “tutoring and exam preparation services.1” (Ord. 383 § 1; Ord. 1098 § 1, 5-4-76; Ord. 1120 § 10, 11-2-76; Ord. 1386 § 1, 6-17-80; Ord. 1560 § 1, 6-7-83; Ord. 2045 § 37, 9-21-93; Ord. 8-2008 § 2, 4-22-08. 1990 Code § 8-2171.)

18.25.2110 Nursing home or convalescent hospital.

“Nursing home” or “convalescent hospital” shall mean any place or institution which makes provisions for bed care, or for chronic or convalescent care, for one or more persons, exclusive of relatives, who by reason of illness or physical infirmity are unable to properly care for themselves. Institutions for the care of alcoholics, drug addicts, persons with mental diseases, and persons with communicable diseases, such as contagious tuberculosis, are not included within the meaning of “nursing home” or “convalescent hospital.” (Ord. 87 § 8-2157; Ord. 616 § 1; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2172.)

18.25.2120 Office, corporate and regional managing.

“Corporate and regional managing office” shall mean a corporate or regional office, the primary function of which is the management and general administration performed for other establishments of the same company. These establishments normally undertake the strategic or organizational planning and decision making role of the company or enterprise. (Ord. 8-2008 § 3, 4-22-08. 1990 Code § 8-2172.5.)

18.25.2130 Open space.

“Open space,” for purposes of this title, shall mean an outdoor area created by artificial or natural design not otherwise occupied by buildings (open spaces may be integral with, but may not be totally covered by, building areas, except as otherwise specified in district regulations) or paved areas for vehicular circulation or parking. (Ord. 982 § 2, 3-26-74; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2173.)

18.25.2140 Open space, common.

“Common open space” shall mean an outdoor area privately owned and maintained by a group of individuals or a corporation for the common use of the residents of a development. The minimum dimension of any common open space shall be 15 feet. “Common open space” may include areas designated as common recreational open space as defined in this title. “Common open space” shall not include areas devoted to buildings, parking areas, or driveways, stairs, catwalks, eaves or yard areas adjacent to roadways, unless such yards are suitably screened for privacy and related to the dwelling units in terms of physical and visual accessibility. Private open spaces such as private patios and balconies shall not be considered as common open space. (Ord. 2045 § 38, 9-21-93. 1990 Code § 8-2173.0.1.)

18.25.2150 Open space, common recreational.

“Common recreational open space” shall mean a common open space area designed, located, and improved for recreational purposes for use by all residents within a particular development. (Ord. 2045 § 39, 9-21-93. 1990 Code § 8-2173.0.2.)

18.25.2160 Open space, institutional or public.

“Institutional open space” or “public open space” shall mean publicly held or controlled land permanently committed to open space uses, including parks and appurtenant accessory structures thereto, agriculture,1 recreation, preservation of biological resource values and natural open space areas. (Ord. 2045 § 40, 9-21-93; Ord. 2423 § 2, 4-10-01. 1990 Code § 8-2173.0.3.)

18.25.2170 Open space, unimproved.

“Unimproved open space” shall mean land which is left in a natural or near-natural state. Unimproved open space shall generally not be graded, unless required as a condition of a geotechnical analysis for soil stability. Areas designated as unimproved open space shall not include private yard areas or common open space normally associated with a residential development. (Ord. 2045 § 41, 9-21-93. 1990 Code § 8-2173.0.4.)

18.25.2180 Open space, usable.

“Usable open space” shall mean any open space, the smallest dimension of which is at least seven feet and which is not used as storage or for movement of motor vehicles, except that yards abutting a public street which are not adequately screened for privacy shall not qualify as usable open space. Balconies, porches or roof decks may be considered usable open space when properly developed for work, play or outdoor living areas. At least 30 percent of required open space shall be contiguous to and provide for private usage of the individual dwelling unit. (Ord. 351 § 1; Ord. 404 § 1; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2173.1.)

18.25.2190 Outdoor lighting.

“Outdoor lighting” shall mean any source of outdoor illumination, whether freestanding or attached to or enclosed by a building. (Ord. 1737 § 1, 8-26-86. 1990 Code § 8-2173.2.)

18.25.2200 Overlay district.

“Overlay district” shall mean a district described by the zoning map within which, through imposition of a special designation, additional regulations and requirements apply in addition to those of the district to which such designation is added. (Ord. 915 § 1, 8-1-72; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2174.)

18.25.2210 Parking area, private.

“Private parking area” shall mean an open area for the same uses as a private garage. (Ord. 87 § 8-2158; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2175.)

18.25.2220 Parking area, public.

“Public parking area” shall mean an open area, other than a street or other public way, used for the parking of automobiles and available to the public, whether for a fee, free or as an accommodation for clients or customers. (Ord. 87 § 8-2159; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2175.1.)

18.25.2230 Parking terms.

(a)    “Car share vehicle” means a motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization and provides hourly or daily services.

(b)    “Electrical vehicle” means any vehicle that operates, either partially or exclusively, on electrical energy from the grid, or an off-board source, that is stored on board for motive purposes.

(c)    “Electrical vehicle charging station” means a public or private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electrical energy (by conductive or inductive means) to a battery or other energy storage device in an electrical vehicle.

(d)    “Mechanical parking” means a variety of mechanical parking systems used to meet parking requirement when authorized in the city center and other transit-oriented development areas or districts.

(e)    “Parking garage” means a building or part of a building that is used on a daily basis for parking. Parking garages do not count towards a building’s FAR. A parking garage may include parking spaces for uses on the same lot or within a defined district or area.

(f)    “Parking space” shall mean a permanently surfaced area, consistent with the dimensional standards set forth in Chapter 18.183, either within a structure or in the open, excluding driveways or access drives, for the parking of a vehicle. (Ord. 87 § 8-2160; Ord. 871 § 8, 10-26-71; Ord. 978 § 2, 2-12-74; Ord. 1386 § 1, 6-17-80; Ord. 20-2012 § 4, 10-2-12. 1990 Code § 8-2175.2.)

18.25.2240 Patio structure or patio cover.

“Patio structure” or “patio cover” shall mean an attached or detached roofed accessory structure whose principal use is for outdoor living and recreation, when the structure is a “patio cover” per the adopted building code. (Ord. 242 § 1; Ord. 1071 § 2, 11-4-75; Ord. 1386 § 1, 6-17-80; Ord. 2504 § 6, 7-15-03. 1990 Code § 8-2176.)

18.25.2250 Performance standards.

“Performance standards” shall mean regulations for the control of dangerous or objectionable elements as defined in Chapter 18.50. (Ord. 87 § 8-2161; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2177.)

18.25.2260 Performing arts theater.

“Performing arts theater” shall mean an establishment that provides live theatrical presentations. The audience is seated in rows of chairs without tables. Refreshments may be served or purchased only in an area of the establishment other than the seating area of the theater. (Ord. 2407 § 2, 10-24-00. 1990 Code § 8-2177.1.)

18.25.2265 Personal services.

“Personal services” includes only the following establishments: beauty and barber shops, clothing or costume rentals for individuals, nonindustrial dry cleaners and laundromats, photographic studios, shoe repair shops, and tanning salons. (Ord. 20-2012 § 5, 10-2-12. 1990 Code § 8-2177.2.)

18.25.2270 Pickup truck.

“Pickup truck” shall mean a motor vehicle commonly known as a “pickup truck” or “automobile truck,” designed, used or maintained primarily for the transportation of property and equipped with a permanently fixed open box frame and with a “manufacturer’s gross vehicle weight rate” designated as three-quarters-ton, or one ton, or other weight rate. A “pickup truck” is a type of “motortruck” as such term is defined in the California Vehicle Code; provided, that, for the purposes of this title, a pickup truck is not deemed to be a motortruck if and when used as a “passenger vehicle” or for a “camper vehicle” as such terms are each separately defined in this chapter. (Ord. 627 § 5; Ord. 871 § 4, 10-26-71; Ord. 978 § 2, 2-12-74; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2178.)

18.25.2275 Planning manager.

“Planning manager” shall mean the planning manager of the city of Fremont, California. (Ord. 87 § 8-2127; Ord. 1386 § 1, 6-17-80; amended during 2012 reformat. 1990 Code § 8-2136.)

18.25.2280 Poultry farm.

“Poultry farm” shall mean any premises on which the primary use is the breeding, raising or maintaining of poultry, for sale of eggs or poultry, or where the primary income from the premises is derived from the aforesaid occupation. (Ord. 87 § 8-2162; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2179.)

18.25.2290 Premises.

“Premises” shall mean one or more contiguous lots under single or common ownership where the present or proposed uses on the property relate to each other by way of an integrated site layout and common vehicular circulation and parking areas. (Ord. 987 § 1, 4-2-74; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2180.)

18.25.2300 Produce.

“Produce” shall mean fruits, vegetables and other commodities which are derived from agricultural cultivation. (Ord. 1174 § 1, 6-14-77; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2181.)

18.25.2310 Project area, gross.

“Gross project area” shall mean the total acreage of a parcel or parcels under single ownership or control, including all roadways and open space proposed or constructed as one development. (Ord. 2045 § 42, 9-21-93. 1990 Code § 8-2181.1.)

18.25.2320 Provider.

“Provider” means a public or quasi-public agency that provides, or contracts with community organizations to provide, temporary emergency shelter for the homeless as described in Section 18.190.150. (Ord. 1885 § 5, 8-22-89; Ord. 1-2009 § 3, 1-6-09. 1990 Code § 8-2181.5.)

18.25.2330 Quarry.

“Quarry” shall mean a use for obtaining, extracting or producing earth, rock, crushed stone, building stone, slate, limestone, gravel, sand, minerals or similar material products, except for grading or excavation subject to or by express provision excepted from (but not including quarry operations) Chapter 18.205. (Ord. 734 § 1; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2182.)

18.25.2340 Recreation, commercial.

“Commercial recreation” shall mean recreation facilities operated as a business and open to the general public for a fee. (Ord. 87 § 8-2168; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2183.)

18.25.2350 Recreation, private, noncommercial.

“Private, noncommercial recreation” shall mean clubs or recreation facilities operated by a nonprofit organization and open only to bona fide members of such nonprofit organization. (Ord. 87, 8-2169; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2183.1.)

18.25.2360 Recyclable material.

“Recyclable material” shall mean 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 Cal. Health & Safety Code §§ 25250.11 and 25143.2(b)(4). (Ord. 1797 § 4, 9-22-87; Ord. 1799 § 4, 10-13-87. 1990 Code § 8-2183.5.)

18.25.2370 Recycling area or recycling collection area.

“Recycling area” or “recycling collection area” shall mean the space allocated for the private storage of recyclable materials prior to transport to a recycling facility. (Ord. 2040 § 1, 7-27-93. 1990 Code § 8-2183.5.1.)

18.25.2380 Recycling facility.

“Recycling facility” shall mean a center for the collection and/or processing of recyclable materials. A “certified recycling facility” or “certified processor” shall mean a recycling facility certified by the California Department of Conservation as meeting the requirements 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 lot of a residential, commercial, or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer. “Recycling facilities” may include the following:

(a)    Recycling Collection Facility. A “recycling collection facility” shall be 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 specified in Chapter 18.190. Recycling collection facilities may include the following:

(1)    Reverse vending machine(s).

(2)    Small recycling collection facilities which occupy an area of not more than 500 square feet, and may include:

(A)    A mobile recycling unit;

(B)    Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet;

(C)    Kiosk-type recycling units which may include permanent structures;

(D)    Unattended containers for the storage of donated recyclable materials.

(3)    Large recycling collection facilities which may occupy an area of more than 500 square feet and may include permanent structures.

(b)    Recycling Processing Facility. A “recycling processing facility” is 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. (Ord. 1797 § 5, 9-22-87; Ord. 1799 § 5, 10-13-87. 1990 Code § 8-2183.6.)

18.25.2390 Religious facility.

A “religious facility” shall mean an establishment of religious organizations operated for worship, religious training or study, government or administration of an organized religion, or for promotion of religious activities. The term “religious facility” shall not carry a secular connotation and shall include buildings in which the religious services of any denomination are held. Examples of a religious facility are churches, convents, synagogues, mosques, monasteries, religious shrines, or temples. A religious facility may also be referred to as a “quasi-public use1” in this title. (Ord. 1989 § 1, 11-26-91. 1990 Code § 8-2183.8.)

18.25.2400 Resident.

“Resident” shall mean a person who occupies a dwelling as a home on a permanent basis, and has no other permanent place of abode. (Ord. 1086 § 3, 1-20-76; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2184.)

18.25.2410 Residential care facilities, special.

“Special residential care facilities” means any state authorized, certified or licensed family care home, foster home or group home serving six or fewer persons with disabilities, children, or the elderly that provide care on a 24-hour-a-day basis. (Ord. 927 § 3, 11-7-72; Ord. 1386 § 1, 6-17-80; Ord. 1-2009 § 4, 1-6-09. 1990 Code § 8-2185.)

18.25.2420 Retail trade.

“Retail trade” shall mean the final step in distribution of merchandise whereby finished merchandise is sold in a place of business engaged in activities to attract the general public to buy its goods for personal or household use. Also see “wholesale trade.1” (Ord. 8-2008 § 3, 4-22-08. 1990 Code § 8-2185.2.)

18.25.2430 Reverse vending machine(s).

A “reverse vending machine” shall mean 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. The value of each container shall be not less than the container’s redemption value as determined by the state. A reverse vending machine may sort and process containers mechanically, provided the entire process is enclosed within the machine. (In order to accept and temporarily store all three types of containers, and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary.) (Ord. 1797 § 6, 9-22-87; Ord. 1799 § 6, 10-13-87. 1990 Code § 8-2185.5.)

18.25.2440 Reverse vending machine(s), bulk.

A “bulk reverse vending machine” shall be a reverse vending machine which is larger than 50 square feet; is designed to accept more than one container at a time; and payment will be on the basis of weight instead of value per individual container. (Ord. 1797 § 7, 9-22-87; Ord. 1799 § 7, 10-13-87. 1990 Code § 8-2185.6.)

18.25.2450 Ridgeline, main.

“Ridgeline, main” shall mean the visual ridge as established from a point of origin a distance of one and one-half mile from the ridgeline. The point of origin shall be located along a line lying perpendicular to Mission Boulevard and Warm Springs Boulevard. The point of origin of the ridgelines for Niles Canyon shall be located along Niles Canyon Road and shall be a visual ridge located along a line perpendicular to Niles Canyon Road. The point of origin for the ridgeline for Mission Pass shall be located along a line lying perpendicular to Interstate 680. (Ord. 2045 § 44, 9-21-93; Ord. 21-2005 § 1(Exh. A-1b), 7-26-05. 1990 Code § 8-2185.8.)

18.25.2460 Ridgeline, other.

“Ridgeline, other” shall mean one of the other ridgelines above the toe of the hill1 line. These include the prominent ridgelines located easterly of the main ridgeline as viewed from public places as well as those tributary or branch ridgelines of both the main ridgeline and the other prominent ridgelines. (Ord. 21-2005 § 1(Exh. A-1b), 7-26-05. 1990 Code § 8-2185.8.1.)

18.25.2470 Roadside stand.

“Roadside stand” shall mean a temporary structure used for the display and sale of produce grown by the operator of the stand. (Ord. 977 § 2, 2-12-74; Ord. 1174 § 2, 6-14-77; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2186.)

18.25.2480 Sales, wholesale.

“Wholesale sales” shall mean “wholesale trade.1” (Ord. 456 § 1; Ord. 1386 § 1, 6-17-80; Ord. 8-2008 § 2, 4-22-08. 1990 Code § 8-2187.)

18.25.2490 Salvage yard.

“Salvage yard” shall mean a place where waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled or handled or stored, including auto wrecking yards, house wrecking yards, used lumberyards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment; but not including such places where such uses are conducted entirely within a completely enclosed building, and not including pawnshops and establishments for the sale, purchase or storage of used furniture and household equipment, used cars in operable condition, or salvaged materials incidental to manufacturing operations. (Ord. 87 § 8-2171; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2188.)

18.25.2500 Sanitarium.

“Sanitarium” shall mean any premises with 15 or more sleeping rooms where persons are lodged and furnished with meals and nursing care. (Ord. 87 § 8-2172; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2189.)

18.25.2510 Satellite dish antenna.

“Satellite dish antenna” shall mean a device incorporating a reflective surface which is solid, open mesh or bar configured and is in the shape of a shallow dish, cone, horn or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include, but not be limited to, what are commonly referred to as satellite earth stations, television reception-only satellite dish antennas and satellite microwave antennas. (Ord. 2045 § 45, 9-21-93. 1990 Code § 8-2189.2.)

18.25.2520 Schools, elementary and secondary.

“Elementary and secondary schools” shall mean public elementary and secondary schools, as well as private schools which children between the ages of five and 16 may legally attend in lieu of compulsory attendance at public schools. The grade level designations used herein shall be understood as those used in the public schools of this state:

(a)    Elementary schools shall provide instruction to any of grades one through six.

(b)    Junior high schools shall provide instruction to grades seven and/or eight.

(c)    High schools shall provide instruction to any of grades nine through 12.

(d)    Secondary schools shall be junior high and high schools.

Private tutoring or educating children in their own residences shall be considered an integral part of the residential use. (Ord. 2045 § 46, 9-21-93. 1990 Code § 8-2189.5.)

18.25.2530 Seat.

“Seat” shall mean a chair, stool, bench or similar facility furnished for the accommodation of guests or patrons while receiving some kind of service; each 24 inches of bench shall be considered equal to one seat. For religious facilities not providing seats as defined in this section, a floor area of seven square feet shall be considered equivalent to one seat. (Ord. 1328 § 4, 6-5-79; Ord. 1386 § 1, 6-17-80; Ord. 1989 § 2, 11-26-91. 1990 Code § 8-2190.)

18.25.2540 Senior citizen housing development.

“Senior citizen housing development” shall mean a residential development consisting of dwelling units developed for, or substantially rehabilitated or renovated for, senior citizens. (Ord. 1759 § 6, 1-6-87. 1990 Code § 8-2190.5.)

18.25.2550 Sensitive population.

“Sensitive population” shall mean children under the age of 16 years old, nonambulatory persons, or adults with mental or physical disabilities, requiring specialized care or supervision, with a particular emphasis on such children and adults who may have difficulty understanding and executing directions or orders, as well as such persons with mobility limitation, or increased sensitivity to hazardous materials. (Ord. 4-2005 § 1, 4-12-05. 1990 Code § 8-2190.5.1.5.)

18.25.2560 Setback.

“Setback” shall mean the minimum required distance which a building, structure, parking or other designated use shall be located from a lot line. (Ord. 2045 § 47, 9-21-93. 1990 Code § 8-2190.5.1.)

18.25.2570 Sheet metal fabrication.

“Sheet metal fabrication” shall mean any modification, processing, pressing, stamping, alteration, powder coating, silk screening, laser cutting, shearing, grinding, machining, tapping, drilling, and/or assembly of sheet metal. (Ord. 15-2004 § 1, 6-22-04. 1990 Code § 8-2190.5.3.)

18.25.2580 Shopping center.

“Shopping center” shall mean a group of not less than three commercial shops on the same premises contained within a building or buildings of 50,000 square feet or more, planned, developed and managed as a unit. (Ord. 1328 § 5, 6-5-79; Ord. 1186 § 1, 6-17-80. 1990 Code § 8-2191.)

18.25.2590 Sidewalk display.

“Sidewalk display” shall mean a privately maintained display consisting of one or more terra cotta, ceramic or ceramic-looking containers holding living plants and placed on carts, or directly, on a public right-of-way. (Ord. 2454 § 3, 3-5-02. 1990 Code § 8-2191.5.)

18.25.2600 Signs, definitions relating to.

(a)    “A-frame sign” shall mean a portable sign capable of standing without support or attachment with a frame in the shape of the letters A, H or T, or functionally equivalent devices.

(b)    “Administrator” shall mean the city manager or his/her designee who is authorized to enforce and interpret this chapter unless otherwise provided by the city council.

(c)    “Animated sign” shall mean a sign that displays visual images that change more often than one time in any 24-hour period, or images that move or appear to move, regardless of the method by which the visual change is effected. This definition does not include traditional barber poles, hand-held signs, personally attended signs, commercial mascots, scoreboards, or signs which merely display time, temperature or other factual information which is by its nature constantly changing. Animated signs include electronic message signs, sometimes called electronic readerboards, LED signs, digital signs, and other functionally equivalent devices.

(d)    “Assembly uses” shall mean those land uses characterized by human assembly and periodically changing programs, such as meeting halls, convention centers, theaters (both live and film presentation), nightclubs, and religious facilities.

(e)    “Awning” shall mean any structure made of flexible fabric or similar material covering a frame attached to a building, regardless of whether it can be raised to a position flat against the building when not in use.

(f)    “Awning sign” shall mean a visually communicative element placed upon an awning.

(g)    “Banner” shall mean any temporary sign of lightweight fabric or similar material that is mounted on a building wall (or construction fence if located at a construction site) at one or more edges for the purpose of attracting attention and/or displaying a visually communicative image. Flags and street banners are not within this definition.

(h)    “Basic permittable area (“BPA”)” shall mean the cumulative total display area of all permanent signs subject to a permit requirement for a nonresidential land use, parcel or establishment. The number is determined by street frontage multiplied by a factor which is stated in the land use rules. Additional display area may be allowed based on particular land use. Address indicators and flags are not counted as part of the BPA. Depending on land use rules, the BPA is also used to calculate allowable display area for temporary signs for nonresidential land uses.

(i)    “Billboard” shall mean a permanent structure sign in a fixed location, that meets one or more of the following criteria:

(1)    Is intended to be used for, or is actually used for, the display of general advertising or general advertising for hire, regardless of whether the display of the message is in exchange for cash or any other consideration, and regardless of whether a given message is categorized as commercial, noncommercial, or otherwise; or

(2)    Is intended to be used for, or is actually used for, the display of commercial advertising messages which pertain to products or services which are offered at a different location, also known as “off-site commercial” messages; or

(3)    Constitutes a separate principal use of the property, in contrast to an auxiliary, accessory or appurtenant use to the principal use of the property.

(j)    “Billboard vehicle” shall mean any wheeled vehicle, whether motorized or not, used primarily for the display of general advertising or general advertising for hire, by means of traversing or parking upon any public street or public parking space in a manner that the advertising image(s) on the vehicle are visible from any portion of the public right-of-way. Also known as “sign truck” or “billboard truck” or “mobile billboard.” This definition does not apply to vehicles displaying images related to the same business or establishment of which the vehicle is an operating instrument, and does not apply to vehicles which are on the public road for the primary purpose of transportation, such as taxis and buses, even if such vehicles display general advertising.

(k)    “Building frontage” shall mean the surface area of each side of a building facing or fronting on a public right-of-way and/or parking lot associated with the building.

(l)    “Canopy” shall mean any structure other than an awning made of flexible fabric or similar material covering a metal frame supported by the ground or sidewalk.

(m)    “Changeable copy sign” shall mean a sign displayed on the premises of a land use characterized by human assembly and periodically changing programs, when such sign is constructed or designed to allow for periodic changes of copy, and for which the copy is changed not more than once each 24-hour period. Examples include program signs for auditoriums, theaters, religious facilities and convention centers. Signs used to display periodically changing prices for motor fuels are also within this definition. This definition does not include animated signs or electronic readerboard signs.

(n)    “City property and public rights-of-way” shall mean land or other property in which the city of Fremont holds a present right of possession and control, plus all public rights-of-way, regardless of ownership. City property includes any curbstone, lamppost, pole, bench, hydrant, bridge, wall, tree, sidewalk, or structure in or upon any public street, alley, public right-of-way, or any other public property.

(o)    “Commercial message” shall mean a visually communicative image on a sign, or a portion of a sign, which proposes or encourages an economic transaction, or which concerns the economic interests of the sign sponsor and/or the viewing audience. Contrast: noncommercial message.

(p)    “Commercial mascot” shall mean a live person or animal attired or decorated with commercial insignia, images or symbols, and/or holding signs displaying commercial messages. Includes sign twirlers and sign clowns, but does not include hand-held signs displaying noncommercial messages.

(q)    “Construction sign” shall mean a temporary sign displayed on the site of a construction, remodeling, or major landscaping project during the period of time of actual construction activity.

(r)    “Copy” shall mean the visually communicative elements of a sign display, including any lettering, numerals, or graphic images.

(s)    “Courtesy sign” shall mean signs, up to four square feet in area, integral with a commercial, industrial, public or quasi-public building, and located proximate to the entrance of a building frontage in regular use by customers or the public, containing appurtenant sign copy which identifies, as a courtesy display to visitors to the building, items such as credit cards accepted, restaurant menus, directories, hours of operation and “Open” or “Closed” signs, as well as “Help Wanted” signs and signs indicating a security system in use.

(t)    “Digital sign” shall mean any sign which uses digital technology to present the image to the public. The term includes LCD (liquid crystal display), LED (light emitting diode), plasma displays, projected images, and all other functionally equivalent display technologies. Also known as “commercial electronic variable message sign” or “changeable electronic message sign.”

(u)    “Display face” shall mean that portion of a sign upon which the communicative copy or graphic image is mounted or displayed. Also known as “sign face” or simply “face.”

(v)    “Directional sign” shall mean any sign, other than a highway marker or any sign erected and maintained by public authority or a public utility, the principal purpose of which is to direct persons to a place, structure, or activity.

(w)    “Downtown district” shall mean that area bounded by Fremont Boulevard, Mowry Avenue, Paseo Padre Parkway and Walnut Avenue.

(x)    “Drive-through service sign” shall mean a sign mounted on the premises of an establishment which provides services to customers or clients while they are in their vehicles, including but not limited to drive-through restaurants, drive-through banking facilities, library drop-offs, etc.

(y)    “Election period” shall mean that period of time which begins 45 days before, and ends 15 days after any primary, general or special election in which voters in Fremont may vote.

(z)    “Establishment” shall mean any legal use of land, other than long-term residential, which involves the use of structures subject to the building code and the presence of human beings on the premises more than 20 hours per week. By way of example and not limitation, this definition includes businesses, factories, farms, schools, hospitals, hotels and motels, offices and libraries but does not include single-family homes, mobile homes, residential apartments, residential care facilities, or residential condominiums. The term also does not include facilities which are normally unattended, such as power transformer stations, broadcasting towers, water towers and vending machines.

(aa)    “Exempt sign” shall mean a sign which may be legally displayed, erected or maintained, but is not subject to a sign permit. Exemption from the sign permit requirement does not mean exemption from other applicable planning, zoning and building permit requirements. Exempt signs may still be subject to rules about size, height, setback, illumination, etc.

(bb)    “Face change” shall mean a change in color, material, copy, graphics, or visual image that requires the installation of a new or modified sign face, but which does not involve any change to an existing sign structure or mounting device. Does not include changeable copy signs.

(cc)    “Flag” shall mean any fabric, banner, or bunting containing distinctive colors, patterns, or design that displays the symbol(s) of a nation, state, local government, company, organization, belief system, idea, or other meaning. The term is not restricted to official or governmental flags.

(dd)    “Flag pole” shall mean a pole used for display of one or more flags.

(ee)    “Freestanding sign” shall mean a permanent structure sign that is self-supporting in a fixed location and not attached to a building. Freestanding signs are of two general types: monument (sometimes called “ground sign”) and pole. Flag poles are not within this definition.

(ff)    “Freeway frontage” shall mean a property that directly abuts one of the following freeways: I-680, I-880 and State Route 84 from the Dumbarton Bridge to I-880.

(gg)    “Garage sales sign” shall mean a sign promoting the occasional nonbusiness public sale of used, secondhand or homemade household goods, conducted from a residential use. Does not include any event for which a business license or an auctioneer’s license is required. Includes estate, yard and moving sales and functionally similar events.

(hh)    “General advertising” shall mean the business or enterprise of making a sign display face available to a variety of advertisers, whether they be businesses or other establishments. This definition applies even when the display face is donated or made available at a reduced rate or for “in kind” consideration. Also known as “general advertising for hire.” General advertising is in contrast to self-promotion advertising.

(ii)    “Government sign” shall mean any sign erected and maintained by or required by the city, county, regional, state, or federal government, or government transportation or transit agencies, for the purpose of providing official governmental information to the general public, including but not limited to: traffic direction, city entrance, or for designation of direction to any school, hospital, historical site, or public service, property or facility. Also includes a sign used for government speech.

(jj)    “Hand-held sign” shall mean a sign which is physically held by a person, or attached to the body of a person or animal, and which displays noncommercial image(s). The term does not include apparel or aspects of personal appearance, or in the case of animals, leashes, muzzles, bridles or other animal control devices, or “guide dog” or “service dog” indicators. Commercial mascots are not within this definition.

(kk)    “Illuminated sign” shall mean a sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign. The term includes signs made from neon or other gas tube(s) that are bent to form letters, symbols, or other shapes.

(ll)    “Marquee” shall mean a permanent roof-like structure or canopy made of rigid materials supported by and extending from the facade of a building.

(mm)    “Marquee sign” shall mean a changeable copy sign advertising an event, performance, service, seminar, conference, or show, and displayed on a marquee.

(nn)    “Master sign program” shall mean a comprehensive scheme for a consistent visual theme applicable to multiple establishments located in a single development project. Such programs often include standardized fonts, lighting, backgrounds, other elements of graphic design, and placement rules. Also known as “sign program.”

(oo)    “Mobile billboard” shall mean any vehicle or wheeled conveyance, whether motorized or not, which carries, conveys, pulls, or transports any sign or billboard for the purpose of general advertising for hire. Also known as “sign truck.”

(pp)    “Monument sign” shall mean a freestanding sign constructed upon a solid-appearing base or pedestal.

(qq)    “Name plate” shall mean a sign that identifies the occupant and/or address.

(rr)    “Neighborhood identification sign” shall mean a sign that identifies a generally recognized neighborhood.

(ss)    “Nits” shall mean the measurement of surface brightness or candela per square meter (cd/m2).

(tt)    “Nonconforming sign” shall mean a sign that was lawfully erected but which does not conform to current law. The term does not apply to signs that were originally erected in violation of then current law.

(uu)    “Noncommercial message” shall mean the copy on a sign which concerns noncommercial matters, typically including commentary or advocacy on topics of public debate and concern, such as, by way of illustration and not limitation, religion, politics, art, and social commentary. This definition shall be construed and interpreted in light of relevant court decisions. Noncommercial messages do not have a location factor, such as on-site or off-site. Contrast: commercial message.

(vv)    “Noncommunicative aspects” shall mean those aspects of a sign which are not directly communicative, such as the physical structure when not figurative or symbolic, mounting device, size and height, setback, illumination, spacing, density, scale and mass relative to other structures, etc.

(ww)    “Off-site or off-premises sign” shall mean a sign that identifies, advertises or attracts attention to a business, product, service, event or activity sold, existing or offered at a different location (subject to the qualifications stated in the definition of “on-site sign”). The off-site/on-site distinction applies only to commercial messages.

(xx)    “On-site or on-premises sign” shall mean any sign or portion thereof that identifies, advertises, or attracts attention to a business, product, service, event or activity that is sold, existing or offered upon the same property or land use as the sign. The off-site/on-site distinction applies only to commercial messages. In the case of multiple-tenant commercial or industrial developments, a sign is considered “on site” whenever it is located anywhere within the development. In the case of a duly approved master sign program, a sign is considered “on site” whenever it is placed at any location within the area controlled by the program.

(yy)    “On-site advisory sign” shall mean a sign which provides information for the convenience of the public, such as services available, direction or courtesy information. Typical examples include store entrances, walk-up windows and self-service operations, hours of operation, handicapped accessibility, restrooms, and directional signs for vehicles, bicycles, and pedestrians. Motor fuel price signs are not within this definition. Signs whose main function is business identification or commercial messages are not within this definition.

(zz)    “Pennant” shall mean any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, attached to a rope, wire, or string, usually in a series, designed to move in the wind and attract attention. Flags are not within this definition. Traditional pennants are triangular or “swallow tail” in form, and are longer in the fly than in the hoist or attachment.

(aaa)    “Personally attended” shall mean a live person is physically present with five feet of the sign at all times.

(bbb)    “Pole sign” shall mean a freestanding sign supported by one or more metal or wood posts, pipes, or other vertical supports. Includes signs whose supporting poles or pylons are covered by cladding. This definition applies to pole signs even when the poles have been covered by cladding.

(ccc)    “Projecting sign” shall mean any sign which is attached to the face of a building and projects more than 18 inches from the face.

(ddd)    “Portable sign” shall mean a sign not permanently attached to the ground or other permanent structure, but is instead designed to be transported or easily moved, including, but not limited to, signs designed to be transported by means of wheels; A-frames and balloons. Not within this definition: banners, pennants, mobile billboards, commercial mascots, vehicle signs.

(eee)    “Primary building face” shall mean that wall of a building which contains the principal entrance or entrances to the building. If there are principal entrances in more than one wall, the longest of the walls in which principal entrances are located shall be the primary building face. “Primary building face” shall include not only the wall itself but all doors, windows, or other openings therein and projections therefrom.

(fff)    “Public property” shall mean land or other property where the city is the owner or has the present right of possession and control including areas that are either designated as public rights-of-way or have long been used as public rights-of-way.

(ggg)    “Real estate sign” shall mean any temporary sign displaying copy which concerns a proposed sale, rent, lease or exchange of real property. All signs described in Cal. Civ. Code § 713 are within this definition. This definition does not include occupancy signs at establishments offering transient occupancy, such as hotels, motels and “bed and breakfast” facilities.

(hhh)    “Residential sign” shall mean a sign displayed on a legal residential land use, not including establishments offering temporary or transient occupancy, such as hotels, motels, inns, bed and breakfast establishments, etc.

(iii)    “Roofline” shall mean the top edge of a roof or building parapet, whichever is higher, excluding any cupolas, pylons, chimneys, or minor projections.

(jjj)    “Roof sign” shall mean a prohibited type of signage that would be located on a roof of a building or having its major structural supports attached to a roof.

(kkk)    “Sign” shall mean any device displaying visual images, graphics, symbols, and/or written copy for the primary purpose of communicating with the public, when such image is visible from any exterior public right-of-way. The term includes any moving part, lighting, sound equipment, framework, background material, structural support, or other part thereof. A display, device, or thing need not contain lettering to be a sign. Notwithstanding the generality of the foregoing, the following are not within this definition:

(1)    Aerial signs or banners towed behind aircraft.

(2)    Automated teller machines (ATMs) when the lettering is not wider than the machine, and the device is not used for general advertising.

(3)    Architectural features: decorative or architectural features of buildings (not including lettering, trademarks or moving parts), which do not perform a communicative function (examples: color stripes around an office building or retail store).

(4)    Courtesy signs as defined in subsection (s) of this section.

(5)    Foundation stones and cornerstones.

(6)    Grave markers, grave stones, headstones, mausoleums, shrines, and other markers of the deceased.

(7)    Historical plaques.

(8)    Holiday and cultural observance decorations on private residential property which are on display in season for not more than 45 calendar days per year (cumulative, per dwelling unit) and which do not include commercial advertising messages.

(9)    Inflatable gymnasiums: inflatable, temporary, movable, gymnasium devices commonly used for children’s birthday parties, and similar devices. Also called “party jumps.”

(10)    Interior graphics or signage: visual communicative devices that are located entirely within a building or other enclosed structure and are not visible from the exterior thereof, or located on the inside of a building and at least three feet from the window.

(11)    Manufacturers’ marks on tangible products, which identify the maker, seller, provider or product, and which customarily remain attached to the product even after sale.

(12)    Mass transit graphics: graphic images mounted on duly licensed and authorized mass transit vehicles that legally pass through the city.

(13)    Merchandise on public display and presently available for purchase on site.

(14)    Newsracks and newsstands.

(15)    Overhead signs: graphic images which are visible only from above, such as those visible only from airplanes or helicopters, when such images are not visible from the street surface or public right-of-way.

(16)    Search lights and spot lights when used as part of a search and rescue or other emergency service operation; this exclusion does not apply to search lights or klieg lights used as attention attracting devices for commercial or special event.

(17)    Shopping carts, golf carts, horse drawn carriages, and similar devices.

(18)    Symbols embedded in architecture: symbols of noncommercial organizations or concepts including, but not limited to, religious or political symbols, when such are permanently integrated into the structure of a permanent building which is otherwise legal. By way of example and not limitation, such symbols include stained glass windows on religious facilities, carved or bas relief doors or walls, bells, religious statuary, etc.

(19)    Vehicle and vessel insignia: on-street legal vehicles and properly licensed watercraft and aircraft, license plates, license plate frames, registration insignia, noncommercial messages, messages relating to the business of which the vehicle or vessel is an instrument or tool (not including general advertising) and messages relating to the proposed sale, lease or exchange of the vehicle or vessel.

(20)    Vending machines and product dispensing devices which do not display off-site commercial messages or general advertising messages.

(21)    Window displays: the display, in a store window, of merchandise which is available for immediate purchase.

(lll)    “Sign area” shall mean the display surface area, including any background or backing constructed, painted or installed as an integral part of the sign, as follows:

(1)    Where separate backing or individual cutout figures or letters are used, the area shall be measured as the area of the smallest polygon, and not to exceed six straight sides which will completely enclose all figures, letters, designs and tubing which are a part of the sign.

(2)    Where separate or individual component elements of a sign are spaced or separated from one another, each component element shall be considered a separate sign.

(3)    Total sign area shall be measured to include all sides of a double-faced or multi-sided sign. However, flag area is measured one side only.

(mmm)    “Sign height” shall mean the distance from the sidewalk or roadbed grade nearest the base of the sign to the top of the highest element of the sign. Where there is no sidewalk, the grade of the roadbed nearest the sign shall be used.

(nnn)    “Sign permit” shall mean a written authorization from the city to erect, maintain or display a sign. A building permit issued for a sign is also considered a sign permit for that sign.

(ooo)    “Sign structure” shall mean a structure which supports or is intended to support a sign. A sign structure may or may not be incorporated as an integral part of a building. Any sign which is within the definition of “structure” in the building code is also within this definition.

(ppp)    “Special public events” shall mean events such as public street closures, parades and demonstrations.

(qqq)    “Street frontage” shall mean the lineal distance of the property parallel to the street right-of-way.

(rrr)    “Subdivision sign” shall mean a sign concerning real property which has been divided into five or more lots, parcels or units for sale, lease or rent.

(sss)    “Suspended sign” shall mean a sign hung from beneath an awning, canopy, covered walkway or arcade. This category also includes blade signs.

(ttt)    “Temporary sign” shall mean a sign which, by its physical nature, is not suitable for long term display. Temporary signs are typically made of lightweight or flimsy material, and can be easily installed or removed with ordinary hand tools. Any sign which is within the definition of “structure” in the building code is not within this definition.

(uuu)    “Time/temperature sign” shall mean an electronic or mechanical device which shows time and/or temperature, but contains no business identification or advertising.

(vvv)    “Traditional public forum” shall mean the surfaces of city-owned streets, the surfaces of city-owned public parks (not including cemeteries), public sidewalks which are connected to the city’s main pedestrian circulation system, and the surface of the pedestrian area immediately surrounding City Hall (not including the interior thereof). In consultation with the city attorney, the zoning administrator shall interpret this term for compliance with court decisions.

(www)    “Visibility triangle” shall mean that portion of both public and private property at any corner bounded by the curb line or edge of a roadway of the intersecting streets and a line joining points on the curb or edge of the roadway 15 feet from the point of intersection of the extended curb lines or edges of the roadway.

(xxx)    “Wall sign” shall mean any sign attached to, erected against or painted upon the wall of a building or structure, the face of which is in a single plane parallel to the plane of the wall. Wall signs also include signs on a false or mansard roof.

(yyy)    “Warning sign” shall mean a sign under two square feet in area (unless legally required to be larger) intended to notify persons of hazards. Examples of warning signs include: “Beware of Dog,” “No Trespassing” and “High Voltage.” Such signs are considered exempt signs.

(zzz)    “Window sign – permanent” shall mean a sign displayed within three feet from the inside of the window face or on the window face, and that is visible from a public street or walkway, on display without change in image for more than 45 days per calendar year.

(aaaa)    “Window sign – temporary” shall mean a sign displayed within one foot of a window face, and that is visible from a public street or walkway, on display less than 45 days per calendar year. (Ord. 2-2014 § 2, 1-14-14; Ord. 28-2014 § 2, 9-9-14.)

18.25.2602 Site plan and/or architectural approval.

“Site plan and/or architectural approval” or “SPAA” was the name given to the process now known as design review prior to April 3, 2014. (Ord. 9-2014 § 5, 3-4-14.)

18.25.2610 Slaughter.

“Slaughter” shall mean the slaughter and/or cleaning of live poultry or meat for subsequent sale. This definition does not include fish or shellfish slaughtered and sold as an accessory use to a primary, permitted use, such as restaurants or food stores; nor does it include butcher shops or similar which do not slaughter live animals. (Ord. 2489 § 1, 10-1-02; Ord. 19-2004 § 11, 7-13-04. 1990 Code § 8-2192.0.5.)

18.25.2620 Slope.

“Slope” shall mean the land gradient described as the vertical rise divided by the horizontal run, as expressed in percent. (Ord. 2045 § 48, 9-21-93. 1990 Code § 8-2192.1.)

18.25.2625 Special event.

“Special events” are defined in Section 12.25.020. Such activities are regulated under Chapter 12.25. (Ord. 2-2013 § 5, 1-15-13. 1990 Code § 8-2192.2.)

18.25.2630 Specified anatomical areas.

“Specified anatomical areas” shall mean:

(a)    Less than completely and opaquely covered: (1) human genitals, pubic region, (2) buttock and (3) female breast below a point immediately above the top of the areola; and

(b)    Human male genitals in a discernibly rigid state, even if completely and opaquely covered. (Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2193.)

18.25.2640 Specified sexual activities.

“Specified sexual activities” shall mean any of the following:

(a)    Human genitals in a state of sexual stimulation or aroused;

(b)    Acts of human masturbation, sexual intercourse or sodomy;

(c)    Fondling or other erotic touching of human genitals, pubic regions, buttock or female breast. (Ord. 1120 § 12, 11-2-76; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2193.1.)

18.25.2650 Speculative building.

“Speculative building” shall mean a building for which a tenant has not been identified at the time the building permit is issued and where interior tenants’ improvements remain to be completed. (Ord. 2209 § 1, 11-26-96. 1990 Code § 8-2193.2.)

18.25.2660 Stable.

“Stable” shall mean a building or portion thereof or other enclosure, not including pastures, used to confine, feed, exercise, show or provide shelter for horses, cows or other hoofed animals, whether for private, public or commercial use. “Stable” includes, but is not limited to, stall, corral, paddock, barn, exercise area and arena, along with structures accessory thereto. (Ord. 87 § 8-2175; Ord. 1115 § 4, 10-12-76; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2194.)

18.25.2670 Standard Industrial Classification Manual.

“Standard Industrial Classification Manual” or “SIC Manual” shall mean the 1987 publication prepared by the Statistical Policy Division, Office of Management and Budget, Executive Office of the President of the United States and available from the Superintendent of Documents, United States Government Printing Office, Washington, D.C., and online at www.osha.gov/pls/imis/sicsearch.html. As used in this title, the SIC Manual, along with the NAICS Manual, shall constitute the descriptions of uses enumerated in the various use districts, except where such uses are otherwise defined in this title. (Ord. 1086 § 3, 1-20-76; Ord. 1386 § 1, 6-17-80; Ord. 8-2008 § 2, 4-22-08. 1990 Code § 8-2195.)

18.25.2680 Stock cooperative.

“Stock cooperative” shall mean a corporation which is formed primarily for the purpose of holding title to improved real property, and of which shareholders receive a right of exclusive occupancy in a portion of the real property. Such right of exclusive occupancy is transferred only concurrently with the transfer of the share of the corporation stock. (Ord. 1332 § 4, 6-26-79; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2196.)

18.25.2690 Story.

“Story” shall mean that portion of a building, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it. (Ord. 87 § 8-2176; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2197.)

18.25.2700 Story, first.

“First story” shall mean the lowest story or the ground story of any building, the floor of which is not more than 12 inches below the average contact ground level at the exterior walls of the building; except that any basement or cellar used for residence purposes shall be deemed the first story. (Ord. 87 § 8-2178; Ord. 1386 §§ 1, 12, 6-17-80. 1990 Code § 8-2197.1.)

18.25.2710 Story, half.

“Half story” shall mean a partial story under a gable, hip or gambrel roof, the wall plates of which, on at least two opposite exterior walls, are not more than four feet above the floor of such story; provided, however, that any partial story used for residence purposes shall be deemed a full story. (Ord. 87 § 8-2177; Ord. 1386 §§ 1, 11, 6-17-80. 1990 Code § 8-2197.2.)

18.25.2720 Story, mezzanine.

“Mezzanine story” shall mean a story which covers one-third or less of area of the story directly underneath it. A mezzanine story shall be deemed a full story in case it covers more than one-third of the area of the story directly underneath the mezzanine story. (Ord. 87 § 8-2179; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2197.3.)

18.25.2730 Street.

“Street” shall mean a named public right-of-way which provides a means of access to abutting property, or an approved private right-of-way which provides the sole means of access to a lot from a public right-of-way. (Ord. 87 § 8-2180; Ord. 762 § 8, 1-27-70; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2198.)

18.25.2740 Street frontage.

“Street frontage” shall mean:

(a)    The existence of a street lot line; or

(b)    The lineal foot measurement of a lot at a street lot line. (Ord. 762 § 9, 1-27-70; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2198.1.)

18.25.2750 Street improvement chapter.

“Street improvement chapter” shall mean Chapter 12.10 and other ordinances and regulations of the city regarding dedication and improvement of street rights-of-way. (Ord. 762 § 10, 1-27-70; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2198.2.)

18.25.2755 Strip commercial development.

“Strip commercial development” means commercial development characterized by a low intensity, linear development pattern one lot in depth, organized around a common surface parking lot between the building entrance and the street and lacking a defined pedestrian system. (Ord. 22-2012 § 8, 12-4-12. 1990 Code § 8-2198.5.)

18.25.2760 Structure.

“Structure” is 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 jointed together in some definite manner, except benches, statuary, planter boxes less than 36 inches in height, fish ponds less than 18 inches in depth, and wood fences 72 inches or under in height. (Ord. 87 § 8-2181; Ord. 1107 § 2, 7-27-76; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2199.)

18.25.2770 Structure, accessory or ancillary.

“Accessory structure” or “ancillary structure” shall mean a structure subordinate to the principal structure and use on the same lot and serving a purpose customarily incidental to the principal use or structure. An accessory or ancillary structure may be attached or detached from the principal structure. Also see “accessory use1” or “ancillary use.1” (Ord. 8-2008 § 3, 4-22-08. 1990 Code § 8-2199.0.05.)

18.25.2780 Structure, attached.

“Attached structure” shall mean any structure which has an interior wall or roof in common with another structure. (Ord. 2045 § 49, 9-21-93. 1990 Code § 8-2199.0.1.)

18.25.2790 Structure, lath-covered.

“Lath-covered structure” shall mean an accessory structure with a uniformly open cover. A structure shall be deemed to have a uniformly open cover when the openings between the solid material of the lath cover are evenly spaced so as to make air and light passage possible over the entire structure. (Ord. 1071 § 3, 11-4-75; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2199.1.)

18.25.2800 Structure, primary or principal.

“Primary structure” or “principal structure” shall mean the predominant or main structure or building on any lot housing the principal use of the lot. (Ord. 8-2008 § 3, 4-22-08. 1990 Code § 8-2199.2.)

18.25.2810 Subdivision title.

“Subdivision title” shall mean Title 17. (Ord. 87 § 8-2182; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2199.5.)

18.25.2820 Supportive housing.

“Supportive housing” is defined in Cal. Health & Safety Code § 50675.14. Supportive housing is a residential use permitted in any zoning district where residential use is a permitted use.

Cal. Health & Safety Code § 50675.14 is reprinted here for reference:

“‘Supportive housing’ means housing with no limit on length of stay, that is occupied by the target population,1 and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.” This paragraph is advisory only and not intended to deviate from state law as it may be amended from time to time. (Ord. 1-2009 § 6, 1-6-09.* 1990 Code § 8-2199.6.)

1    Code reviser’s note: Cal. Health & Safety Code § 50675.14 has been amended by the Statutes of 2013, Chapter 183, Section 22. The definition reprinted here reflects the language of the amended section.

18.25.2830 Swimming pool.

“Swimming pool” shall mean any constructed pool, used for swimming or bathing, over 18 inches in depth, or with a surface area exceeding 250 square feet. (Ord. 87 § 8-2183; Ord. 126 § 1; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2199.7.)

18.25.2840 Swimming pool, private.

“Private swimming pool” shall mean all swimming pools which are used or intended to be used in connection with a single-family residence, and are available only to the residents and their guests. (Ord. 126 § 1; Ord. 1386 §§ 1, 10, 6-17-80. 1990 Code § 8-2199.7.1.)

18.25.2850 Swimming pool, public or semipublic.

“Public or semipublic swimming pool” shall mean any swimming pool other than a private swimming pool. (Ord. 126 § 1; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2199.7.2.)

18.25.2860 Target population.

“Target population” is defined by Cal. Health & Safety Code § 53260.

Cal. Health & Safety Code § 53260 is reprinted here for reference:

“‘Target population’ means adults with low incomes having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may, among other populations, include families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, or homeless people.” This paragraph is advisory only and not intended to deviate from state law as it may be amended from time to time. (Ord. 1-2009 § 7, 1-6-09. 1990 Code § 8-2199.7.2.5.)

18.25.2870 Telecommunication facility.

“Telecommunication facility” shall mean a facility that transmits and/or receives electromagnetic signals for the following technologies: cellular technology, personal communications services, enhanced specialized mobile services and paging systems. It includes antennas and all other types of equipment used in the transmission or receipt of such signals; telecommunication towers or similar structures supporting said equipment; associated equipment cabinets and/or buildings; and all other accessory development. It does not include radio towers, television towers and public safety networks. (Ord. 2213 § 1, 12-17-96. 1990 Code § 8-2199.7.3.)

18.25.2880 Toe of the hill.

“Toe of the hill” shall mean a line along the base of the hills along which the natural grade first becomes 20 percent or more, as defined by slope analysis, on the western side of the hill area from the Fremont – Union City municipal boundary to the Alameda County – Santa Clara County boundary, and on both sides of Niles Canyon and Interstate 680 east of Mission Boulevard to the Fremont city limits. The criteria used to define the toe of the hill shall be as follows:

(a)    The toe of the hill shall be a continuous line.

(b)    The slope shall be measured perpendicular to elevation contours as established from a survey of the natural topography.

(c)    For the purposes of the toe of the hill definition, “natural grade” shall mean either:

(1)    Land whose slope has not been altered through human intervention; or

(2)    Land whose slope has been altered, when it can be demonstrated to the city engineer that the grading was approved prior to the adoption of the Hill Area Initiative of 2002. When such effects have taken place, the following principles shall apply in determining the location of the toe of the hill:

(A)    Where grading occurred below the original 20 percent slope contour and the grading resulted in land steeper than 20 percent, that steeper land shall not determine the location of the toe of the hill line. The following figure illustrates this situation:

(B)    When land steeper than 20 percent was graded flatter than 20 percent, that flatter land shall not determine the location of the toe of the hill line. The following figure illustrates this situation:

(C)    Where grading created slopes steeper than 20 percent on both sides of the original 20 percent slope contour, the first 20 percent slope shall determine the location of the toe of the hill line. The following figure illustrates this situation:

(d)    Where the first 20 percent line at the base of the hills is discontinuous, the toe of the hill line shall be drawn along the 20 percent contour to create a continuous line. The drawing of such continuous toe of the hill line at the base of the hills shall include the application of the criteria set forth first in subsection (e) and then in subsection (f) of this section.

(e)    As illustrated below, where an isolated land area, steeper than 20 percent, is within 40 feet of the first 20 percent line along the base of the hills, the toe of the hill line shall be drawn such that this isolated land area is included above the toe of the hill line. Additionally, where an isolated land area, steeper than 20 percent, is not within 125 feet of a pocket or projection as described in subsection (f) of this section, then such isolated land area shall not be included above the toe of the hill line.

(f)    Where the 20 percent line creates pockets or projections narrower than 125 feet, the toe of the hill line is drawn across the pocket or projection to create a continuous line connecting with a land area steeper than 20 percent. In addition, if two pockets merge to form an isolated land area (see figure below) the toe of the hill line shall be drawn across both pockets to form a continuous line at the base of the hills.

Exception for Projections. If the land area encompassed by a projection is a significantly large land area with widely varying widths, then the toe of the hill line may be drawn around the projection.

(g)    Criteria in subsections (a) though (f) of this section are used to determine the location of the toe of the hill line. An application to change the toe of the hill line may only be made to the planning manager to more precisely locate the toe of the hill line on any property concurrent with a development application. Such application will be reviewed for consistency with the Hill Area Initiative of 2002, including the definition of the toe of the hill line and any implementing ordinances or regulations adopted pursuant thereto. The applicant shall be required to submit a survey prepared by a state of California professional land surveyor or state of California professional civil engineer showing both the existing and proposed toe of the hill line. Such survey shall be subject to review by the city. If the city staff concurs that the information presented and evaluated warrants relocation of the toe of the hill line, then the following process shall be utilized:

(1)    The applicant’s professional land surveyor or professional civil engineer shall prepare maps showing both the existing and proposed toe of the hill lines at the scale one inch equals 500 feet for incorporation into the city’s general plan land use map and zoning map.

(2)    A general plan amendment and zoning map amendment (approved by the city council) are required to implement any change that results in the movement of the toe of the hill line by more than 50 feet.

(3)    Minor adjustments (less than 50 feet) shall be shown on the development application’s site plan and shall be considered by the approval body. (Ord. 2045 § 50, 9-21-93; Ord. 21-2005 §1(Exh. A-1a), 7-26-05; Ord. 34-2005 § 1, 10-4-05; amended during 2012 reformat. 1990 Code § 8-2199.8.)

18.25.2890 Townhouse.

“Townhouse” shall mean a dwelling unit which is a portion of a multiple dwelling and has one or more common walls with other dwelling units, where such unit is the sole dwelling unit on a separate lot, and where ownership of such dwelling unit includes an interest in common areas other than the lot upon which the dwelling unit is situated. (Ord. 1332 § 5, 6-26-79; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2199.9.)

18.25.2900 Tract office, temporary.

“Temporary tract office” shall mean an office facility used on a temporary basis only, located on or immediately adjacent to a tract or subdivision with new development thereon, for sales and administrative activity associated with said development. (Ord. 382 § 2; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2199.11.)

18.25.2910 Trailer.

“Trailer” shall mean a vehicle designed for carrying persons or property on its own structure and for being drawn by a motor vehicle. The term “trailer” includes within its meaning the terms “trailer,” “trailer coach,” “semitrailer” and “utility trailer” as such terms are used or defined in the California Vehicle Code or California Health and Safety Code. (For the purposes of this title, the terms “trailer,” “travel trailer” and “mobile home,” which are each separately defined terms in this chapter, are mutually exclusive terms.) (Ord. 87 § 8-2184; Ord. 871 § 4, 10-26-71; Ord. 978 § 2, 2-12-74; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2199.13.)

18.25.2920 Trailer, travel.

“Travel trailer” shall mean a vehicle designed or used for human habitation and which may be moved upon a public highway without a special permit or chauffeur’s license, or both, without violating any provision of the California Vehicle Code. The term “travel trailer” includes within its meaning the terms “travel trailer,” “camp trailer,” “tent trailer,” and “camp car,” without motive power, as such terms are used or defined in the California Vehicle Code or the California Health and Safety Code. (For the purposes of this title, the terms “travel trailer,” “trailer” and “mobile home,” which are each separately defined terms in this chapter, are mutually exclusive terms.) (Ord. 978 § 2, 2-12-74; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2199.13.1.)

18.25.2930 Transient.

“Transient” shall mean a person whose period of residence at the place where he/she is staying does not exceed 120 days. (Ord. 436 § 1; Ord. 1386 § 1, 6-17-80; amended during 2012 reformat. 1990 Code § 8-2199.15.)

18.25.2940 Transitional housing.

“Transitional housing” is defined by Cal. Health & Safety Code § 50675.2. Transitional housing is a residential use permitted in any zoning district where residential use is a permitted use.

Cal. Health & Safety Code § 50675.2 is reprinted here for reference:

“‘Transitional Housing’ and ‘transitional housing development’ mean buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months.” This paragraph is advisory only and not intended to deviate from state law as it may be amended from time to time. (Ord. 1-2009 § 8, 1-6-09. 1990 Code § 8-2199.15.1.)

18.25.2950 Trash enclosure.

“Trash enclosure” means an area as defined in Section 8.40.040. (Ord. 4-2007 § 8, 2-13-07. 1990 Code § 8-2199.16.)

18.25.2960 Truck tractor.

“Truck tractor” is a motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load as drawn. The term “truck tractor” has the same meaning as the term “truck tractor” as defined in the California Vehicle Code. (Ord. 871 § 4, 10-26-71; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2199.17.)

18.25.2970 Tutoring and exam preparation services.

“Tutoring and exam preparing services” shall mean services and programs providing private instruction for students (children or adults) seeking supplemental, special, or remedial instruction with coursework, exam preparation, or enhancement of their regular educational program. The primary service provided is educational, and not child care. Examples of tutoring and exam preparation services include second language learning, standard aptitude test (SAT) preparation, and assistance with problematic school topics, such as mathematics, grammar, and science theories and application. Also see “child day care1” and “children’s nursery school.1” (Ord. 8-2008 § 3, 4-22-08. 1990 Code § 8-2199.17.1.)

18.25.2980 Undeveloped land.

“Undeveloped land” shall mean a parcel of land that has not been developed or improved to a use other than agriculture,1 or land that is in a state of nonuse. (Ord. 1759 § 7, 1-6-87. 1990 Code § 8-2199.18.)

18.25.2990 Undisturbed terrain.

“Undisturbed terrain” shall mean terrain whose natural contours have not been changed by grading, excavation or fill. This does not prohibit necessary trenching for utilities or minor grading, provided the ground is returned to its natural/original state after such work is completed. (Ord. 2045 § 51, 9-21-93. 1990 Code § 8-2199.18.1.)

18.25.3000 Use, accessory or ancillary.

“Accessory use” or “ancillary use” shall mean a use that is appropriate, subordinate, and customarily incidental to the principal use on the same lot in area, extent, and purpose. The accessory or ancillary use contributes to the comfort, convenience, or necessity of operation of the principal use, its employees, or customers being served. Accessory or ancillary uses do not alter or adversely affect the principal use or other properties in the same zone, nor do they serve property other than the lot on which the principal use is located. (Ord. 87 § 8-2102; Ord. 1107 § 1, 7-27-76; Ord. 1386 § 1, 6-17-80; Ord. 2045 § 52, 9-21-93; Ord. 8-2008 § 2, 4-22-08. 1990 Code § 8-2199.19.2.)

18.25.3010 Use, allowed.

“Allowed use” shall mean a use that is either permitted or conditional within a zoning district. (Ord. 1120 § 13, 11-2-76; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2199.19.)

18.25.3020 Use, conditional.

“Conditional use” shall mean a use of land for which a conditional use permit is required pursuant to Chapter 18.230. (Ord. 87 § 8-2125; Ord. 1386 §§ 1, 4, 6-17-80. 1990 Code § 8-2199.19.1.)

18.25.3030 Use, mixed.

“Mixed use” shall mean a blend of various compatible uses, such as commercial, institutional and residential, combined in a single building or on a single site. A mixed-use development shall be an integrated project with significant functional interrelationships and a coherent physical design. “Vertical mixed use” may mean a project with residential and other uses occupying different floors; “horizontal mixed use” may mean a project with residential and other uses occupying separate buildings on the same lot within the same development. (Ord. 2045 § 53, 9-21-93. 1990 Code § 8-2199.19.2.5.)

18.25.3040 Use, permitted.

“Permitted use” shall mean a use for which no conditional use permit or zoning administrator permit is required, but which may be subject to design review permit approval or the performance standards procedure as specified in this title. (Ord. 1120 § 14, 11-2-76; Ord. 1386 § 1, 6-17-80; Ord. 2045 § 54, 9-21-93; Ord. 9-2014 § 5, 3-4-14. 1990 Code § 8-2199.19.3.)

18.25.3050 Use, primary or principal.

“Primary use” or “principal use” shall mean the predominant or main use of any lot, building, or structure. (Ord. 8-2008 § 3, 4-22-08. 1990 Code § 8-2199.19.3.5.)

18.25.3060 Use, private noncommercial.

“Private noncommercial use” shall mean a use operated by a private nonprofit club or association, such as fraternal associations, improvement associations and similar groups; and such use having the purpose primarily of serving the members of the club or association, and including uses such as private golf courses, country clubs, swimming pools, riding clubs, private lodges and the like. (Ord. 87 § 8-2164; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2199.19.5.)

18.25.3070 Use, public.

“Public use” shall mean a use operated exclusively by a public body, such use having the purpose of serving the public health, safety or general welfare, and including uses such as public schools, parks, playgrounds, hospitals, and administrative and service facilities. (Ord. 87 § 8-2166; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2199.19.6.)

18.25.3080 Use, quasi-public.

“Quasi-public use” shall mean a use operated by a private, nonprofit educational, religious, recreational, charitable or medical institution, with said use having the primary purpose of serving the general public, and including uses such as public schools, parks, playgrounds, hospitals, and administrative and service facilities. The term “quasi-public use” shall also include private outdoor recreational uses having the purpose primarily of serving the general public and which is located on public lands leased for a specified period of time. The term “semi-public use,” as referred to in the general plan, shall mean the same as “quasi-public use.” (Ord. 87 § 8-2167; Ord. 1386 § 1, 6-17-89; Ord. 1938 § 1, 9-18-90; Ord. 2045 § 56, 9-21-93. 1990 Code § 8-2199.19.7.)

18.25.3090 Use, zoning administrator.

“Zoning administrator use” shall mean a use of land for which a zoning administrator permit is required pursuant to Chapter 18.275. (Ord. 2045 § 57, 9-21-93. 1990 Code § 8-2199.19.8.)

18.25.3100 Vehicle.

“Vehicle” shall mean a device by which any person or property may be propelled, moved or drawn, excepting a device moved by human power (such as a bicycle) or used exclusively upon stationary road or tracks. The term “vehicle” has the same meaning as the term “vehicle” as such term is defined in the California Vehicle Code, except that the term “vehicle,” as used herein, is not limited to a device which may be propelled, moved or drawn upon a highway. (Ord. 871 § 4, 10-26-71; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2199.21.)

18.25.3110 Vehicle, commercial.

“Commercial vehicle” shall mean a vehicle of a type required to be registered under the California Vehicle Code used or maintained for the transportation of persons for hire, compensation or profit, or designed, used or maintained primarily for the transportation of property. The term “commercial vehicle” does not include a motor vehicle originally designed, or permanently altered, and equipped for human habitation, or to which a camper has been permanently attached. The term “commercial vehicle” has the same meaning as the term “commercial vehicle” as defined in the California Vehicle Code. (Ord. 978 § 2, 2-12-74; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2199.21.1.)

18.25.3120 Vehicle, motor.

“Motor vehicle” is a vehicle which is self-propelled. The term “motor vehicle” has the same meaning as the term “motor vehicle” as defined in the California Vehicle Code. (Ord. 871 § 3, 10-26-71; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2199.21.2.)

18.25.3130 Vehicle, passenger.

(a)    “Passenger vehicle” shall mean any motor vehicle, other than a motortruck, camper vehicle or motor home, designed for carrying not more than 10 persons, including the driver and used and maintained for the transportation of persons. The term “passenger vehicle,” as such term is used herein, includes within its meaning “passenger vehicle” as such term is defined in the California Vehicle Code, including such vehicle design types as sedan, sports car, station wagon, wagon bus and jeep-type automobile; provided, that the terms “motorcycle” and “motor-driven cycle,” as such terms are defined in the California Vehicle Code, are included within the meaning of “passenger vehicle” as such term is used herein. Provided further, that the following motor vehicles shall be deemed to be passenger vehicles for the purposes of this title:

(1)    Any pickup truck or motortruck of an exterior design type, such as a sedan delivery truck (provided, that any such pickup truck or sedan delivery truck does not have any camper attached or does not include any enclosure exceeding the height of the passenger cab or the width of the vehicle or extend beyond the end of the vehicle) or panel truck, when such pickup truck or sedan delivery truck or panel truck is used solely for personal purposes of the owner for the transportation of persons and is not used either for business or commercial purposes (other than for transportation to and from owner’s place of business and work) or for the storage or transportation of property which is easily visible from the exterior of the vehicle;

(2)    Any motor vehicle of an exterior design type identical or substantially identical to a passenger vehicle of a conventional design type (including size) such as a wagon bus, notwithstanding that the interior of such vehicle has been designed, equipped or altered for human habitation in a manner similar to a “motor home” (and thus otherwise being subject to being defined as such); provided, that the interior of such vehicle is not easily visible from the exterior as anything other than such a wagon bus or other passenger vehicle of conventional design type;

(3)    Any commercial vehicle which is a motor vehicle of an exterior design type identical to a passenger vehicle of a conventional design type, notwithstanding that such motor vehicle is licensed as a “commercial vehicle.”

(b)    The foregoing is subject to the following further provision: No motor vehicle which has attached or maintained on the exterior thereof any commercial or noncommercial sign shall be deemed a passenger vehicle for the purposes of this title, except for the minor and incidental identification of a business enterprise upon the front door of a passenger vehicle which is used by an occupant of a dwelling as the principal means of personal transportation to and from such occupant’s place of business, and except for typical temporary bumper stickers and similar noncommercial signs. Any motor vehicle not meeting such conditions shall be deemed to be, whichever is most applicable, either:

(1)    A “motor truck” for the purposes of this title whether designed, used or maintained primarily for the carrying of passengers or for the transportation of property; or

(2)    A “commercial vehicle” for the purposes of this title whether or not such motor vehicle is of a type deemed to be or is not registered as a commercial vehicle under the California Vehicle Code. (Ord. 871 § 3, 10-26-71; Ord. 978 § 2, 2-12-74; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2199.21.3.)

18.25.3140 Vehicle, recreational.

“Recreational vehicle (RV)” shall mean a vehicle either towed, self-propelled on its own chassis, or attached to the chassis of another vehicle and designed or used for recreational or sporting purposes. The term “recreational vehicle” shall include, but is not limited to, travel trailers, pickup campers, camping trailers, motor coach homes, covered trucks or buses, boats and boat trailers and all-terrain vehicles. (Ord. 2045 § 58, 9-21-93. 1990 Code § 8-2199.21.4.)

18.25.3150 Wall, retaining.

“Retaining wall” shall mean a structure constructed to sustain a bank of earth liable to a landslide or sloughing. (Ord. 1040 § 1, 4-22-75; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2199.23.)

18.25.3160 Warehouse, general.

“General warehouse” or “warehouse” shall mean a structure with no more than 10 percent of the gross floor area devoted to office uses and the balance of the floor area devoted to the storage of goods and materials or other uses with employee densities similar to the storage of goods and materials. General warehouses are used on a permanent basis for the receipt, storage, and redistribution of goods generally handled in containers, such as boxes, barrels, and/or drums, using equipment, such as forklifts, pallets, and racks. See Section 18.190.610 (general warehouses) for development standards for this use. For “mini-warehouses for household goods1” storage, see Section 18.190.330. (Ord. 2045 § 59, 9-21-93; Ord. 2209 § 2, 11-26-96; Ord. 8-2008 § 2, 4-22-08; Ord. 5-2013 § 2, 5-7-13. 1990 Code § 8-2199.23.5.)

18.25.3170 Wet band.

“Wet band” shall mean a portion of a property in a very high fire hazard severity zone, as designated in Chapter 15.65, that the adopted fire code requires to be maintained as an effective firebreak and a defensible space, which the city requires to be irrigated in a manner effective for fire suppression as well as to facilitate the healthy growth of fire-resistive vegetation, and/or to be paved.

(a)    Brush, flammable vegetation and combustible growth shall be cleared from any wet band at the time of site development and continuously thereafter as required by the fire code.

(b)    No structure, except a swimming pool, shall be erected or installed in a wet band and no combustible material shall be placed in a wet band except in cases where the fire marshal determines that alternative measures will provide an equivalent level of fire safety. (Ord. 2504 § 7, 7-15-03; Ord. 33-2007 § 6, 12-4-07. 1990 Code § 8-2199.23.7.)

18.25.3180 Wind energy conversion system (WECS).

Repealed by Ord. 7-2012. (Ord. 1551 § 1, 4-5-83. 1990 Code § 8-2199.24.)

18.25.3190 WECS overspeed control.

Repealed by Ord. 7-2012. (Ord. 1551 § 1, 4-5-83. 1990 Code § 8-2199.24.1.)

18.25.3200 WECS swept area.

Repealed by Ord. 7-2012. (Ord. 1551 § 1, 4-5-83. 1990 Code § 8-2199.24.2.)

18.25.3210 Wind farm.

Repealed by Ord. 7-2012. (Ord. 1551 § 1, 4-5-83. 1990 Code § 8-2199.24.3.)

18.25.3220 Wholesale trade.

“Wholesale trade” shall mean the intermediate step in distribution of merchandise whereby the wholesalers are organized to sell or rearrange the purchase or sale of goods for resale (i.e., goods sold to other wholesalers or retailers), nonconsumer goods, and/or raw and intermediate materials and supplies used in production. Wholesalers sell merchandise to other businesses and normally operate from a warehouse or office having little to no display of merchandise and not designed to solicit walk-in traffic. Also see “retail trade.1” (Ord. 8-2008 § 3, 4-22-08. 1990 Code § 8-2199.24.4.)

18.25.3230 Yard, front.

“Front yard” shall mean an open space extending the full width of the lot, between a building and the front lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this title. (Ord. 87 § 8-2187; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2199.25.)

18.25.3240 Yard, front, least depth.

“Front yard least depth” shall mean the shortest distance, measured horizontally, between any part of a building, other than such parts hereinafter excepted, and the front lot line. Such depth shall be measured from the right-of-way line of the existing street on which the lot fronts (the front lot line); provided, however, that if the proposed location of the right-of-way line of such street, as adopted by the city, differs from that of the existing street, then the required front yard least depth shall be measured from the right-of-way line of such street as adopted, or shall be measured from any officially adopted setback lines. (Ord. 87 § 8-2188; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2199.25.1.)

18.25.3250 Yard, rear.

“Rear yard” shall mean an open space between a building and a rear lot line, extending the full width of the lot (except for any portion thereof which overlaps a street side yard), unoccupied and unobstructed from the ground upward, except as specified elsewhere in this title. (Ord. 87 § 8-2189; Ord. 573 § 1; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2199.25.2.)

18.25.3260 Yard, rear, least depth.

“Rear yard least depth” shall mean the shortest distance, measured horizontally, between any part of a building, other than such parts hereinafter excepted, and the rear lot line. (Ord. 87 § 8-2190; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2199.25.3.)

18.25.3270 Yard, required.

“Required yard” shall mean an open space or portion thereof constituting a front yard, rear yard or side yard on a lot which complies with the minimum yard requirements of the district in which the lot is situated. (Ord. 1040 § 1, 4-22-75; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2199.25.4.)

18.25.3280 Yard, side.

“Side yard” shall mean an open space extending from the front yard to the rear yard between a building and the nearest side lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this title. (Ord. 87 § 8-2191; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2199.25.5.)

18.25.3290 Yard, side, least width.

“Side yard least width” shall mean the shortest distance, measured horizontally between any part of a building, other than such parts hereinafter excepted, and the nearest side lot line. Such width shall be measured from the nearest side lot line and, in case the nearest side lot line is a side street lot line, from the right-of-way line of the existing street; provided, however, that if the officially adopted location of the right-of-way line of such street differs from that of the existing street, then the required side yard least width shall be measured from the right-of-way of such street, as adopted. (Ord. 87 § 8-2192; Ord. 1396 § 1, 6-17-80. 1990 Code § 8-2199.25.6.)

18.25.3300 Yard, street side.

“Street side yard” shall mean an open space extending from the front yard to the rear lot line between a building and the nearest side street lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this title. (Ord. 573 § 3; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2199.25.7.)

18.25.3310 Zoning administrator.

“Zoning administrator” shall mean the person appointed by the city manager as zoning administrator of the city. (Ord. 265 § 2; Ord. 1386 § 1, 6-17-80. 1990 Code § 8-2199.27.)

18.25.3320 Zoning administrator permit.

“Zoning administrator permit” shall mean a discretionary entitlement which may be granted by the zoning administrator under the provisions of this municipal code and which, when granted, authorizes specific use to be made of a specific property, subject to compliance with all terms and conditions imposed on the entitlement. In no case shall a zoning administrator permit be construed to be a conditional use permit which is reviewed by the planning commission. (Ord. 2045 § 60, 9-21-93. 1990 Code § 8-2199.28.)

18.25.3330 Zoning permit.

“Zoning permit” shall mean a document issued by the chief building official, certifying that proposed buildings, structures or uses are consistent with the terms of this title so long as they comply with other requirements hereof. (Ord. 87 § 8-2193; Ord. 1386 §§ 1, 13, 6-17-80. 1990 Code § 8-2199.29.)

[Notes Applicable to Chapter 18.25]

1    This term is defined elsewhere in this chapter.

2    This term is defined in this chapter.