Chapter 17.03


17.03.010    Generally.

17.03.020    Accessory building.

17.03.030    Accessory structures.

17.03.040    Accessory use.

17.03.050    Agency.

17.03.060    Alley.

17.03.067    Amusement center.

17.03.068    Assumed ground surface.

17.03.070    Automobile wrecking.

17.03.075    Back flow prevention device.

17.03.080    Basement.

17.03.082    Bay window.

17.03.085    Bed and breakfast.

17.03.086    Bench.

17.03.090    Block.

17.03.093    Bluff or cliff.

17.03.110    Building,.

17.03.120    Building coverage.

17.03.125    Building face.

17.03.130    Building height.

17.03.135    Building line.

17.03.140    Building site.

17.03.150    Carport.

17.03.160    Club.

17.03.164    Community care facility.

17.03.166    Community care residential facility.

17.03.170    Convalescent hospital.

17.03.180    Court.

17.03.181    Curbline.

17.03.182    Drip or bubble irrigation.

17.03.185    Drought resistant.

17.03.190    Dwelling.

17.03.200    Dwelling multiple-family.

17.03.210    Dwelling, one-family.

17.03.220    Dwelling unit.

17.03.223    Energy facility.

17.03.225    External appearance.

17.03.230    Factory-built housing.

17.03.240    Family.

17.03.242    Family day care home.

17.03.245    Floodplain.

17.03.246    Floor area.

17.03.247    Floor area, available for dining.

17.03.248    Freeway.

17.03.250    Frontage.

17.03.260    Garage, parking.

17.03.270    Garage, private.

17.03.275    Geological hazard.

17.03.280    Guest.

17.03.285    Historic feature.

17.03.310    Home occupations.

17.03.320    Hotel.

17.03.322    Irrigation audit.

17.03.325    Irrigation system.

17.03.330    Junkyard.

17.03.340    Kitchen.

17.03.345    Landscaped area.

17.03.350    Lodging facility.

17.03.360    Lot.

17.03.370    Lot area.

17.03.380    Lot, corner.

17.03.390    Lot depth.

17.03.400    Lot line.

17.03.410    Lot line, front.

17.03.420    Lot line, rear.

17.03.430    Lot line, side.

17.03.440    Lot, reversed corner.

17.03.450    Lot width.

17.03.455    Material change.

17.03.460    Modular built housing.

17.03.470    Motels.

17.03.475    Mulch.

17.03.480    Nonconforming structure.

17.03.490    Nonconforming activity.

17.03.500    Nursing home.

17.03.510    Parking lot.

17.03.520    Parking space.

17.03.525    Public works.

17.03.526    Rain-sensing override device.

17.03.527    Residence.

17.03.530    Residential care home.

17.03.535    Restaurant.

17.03.550    Schools, elementary, junior, and senior high.

17.03.570    Service stations.

17.03.575    Sprinkler head.

17.03.580    Stable, private.

17.03.600    Story.

17.03.610    Story, half.

17.03.620    Street.

17.03.630    Street, side.

17.03.640    Structural alterations.

17.03.650    Structure.

17.03.660    Supermarket.

17.03.665    Supportive housing.

17.03.670    Trailer, automobile.

17.03.680    Trailer park.

17.03.686    Transient rental use.

17.03.688    Transitional housing.

17.03.690    Use.

17.03.692    Valve.

17.03.695    Vista.

17.03.700    Warehouse.

17.03.710    Yard.

17.03.720    Yard, front.

17.03.730    Yard, rear.

17.03.740    Yard, side.

17.03.750    Wrecking yard.

17.03.010 Generally.

Words used in the present tense include the future, words in the singular number include the plural; the word “building” includes the word “structure” and the word “shall” is mandatory, not directory. In the coastal zone the word “structure” shall be defined as provided in Section 17.03.650 of this chapter. The term “city council” when used means the city council of the city of Capitola, and “planning commission” means the city planning commission of the city of Capitola. The word “city” when used shall mean the incorporated city of Capitola. (Ord. 677 § 12(A), 1989; Ord. 388 Art. 1 (part), 1975)

17.03.020 Accessory building.

“Accessory building” means a portion of the main building or a detached subordinate building located on the same lot, the use of which is purely incidental to that of the main building structure, or to the use of the land, and which shall not contain living or sleeping quarters, except as provided by Chapter 17.99 for secondary dwelling units. (Ord. 873 § 6, 2004; Ord. 388 Art. 1 (part), 1975)

17.03.030 Accessory structures.

“Accessory structures” means portable buildings, storage sheds, arbors, covered patios and similar buildings and structures constructed and installed as secondary uses to existing principal buildings on a parcel. (Ord. 388 Art. 1 (part), 1975)

17.03.040 Accessory use.

“Accessory use” means a land use which is permitted on a building site as a secondary use to an existing principal permitted use. (Ord. 388 Art. 1 (part), 1975)

17.03.050 Agency.

“Agency” means an office or commercial establishment in which goods, material, or equipment is received for servicing, treatment or processing elsewhere. (Ord. 388 Art. 1 (part), 1975)

17.03.060 Alley.

“Alley” means a public or permanent private way twenty feet or less in width which affords a secondary means of access to abutting property. (Ord. 388 Art. 1 (part), 1975)

17.03.067 Amusement center.

“Amusement center” means any business, or portion of a business, that operates five or more coin-operated machines for amusement purposes (i.e., pinball machines, electronic games, etc.). (Ord. 536 § 1, 1983)

17.03.068 Assumed ground surface.

“Assumed ground surface” means a line on each elevation of an exterior wall or vertical surface which connects those points where the perimeter of the structure meets the finished grade, subject to the following exception: if there has been grading or filling on the property within five years preceding the time of the application, or proposed as part of the application, and that grading or filling has or would increase the height of the finished grade at one or more points where it would meet the perimeter of the proposed structure, the planning commission may measure heights from where it estimates the grade is or was before the grading or filling, if the commission determines that such an action is necessary to keep the height of the proposed structure in reasonable relationship to the heights in the neighborhood. (Ord. 642 § 1, 1987)

17.03.070 Automobile wrecking.

“Automobile wrecking” means the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles or parts thereof. (Ord. 388 Art. 1 (part), 1975)

17.03.075 Back flow prevention device.

“Back flow prevention device” means a safety device used to prevent pollution or contamination of water supply due to the reverse flow of water from the irrigation system. (Ord. 744 § 2, 1992)

17.03.080 Basement.

“Basement” means that portion of a building between floor and ceiling, which is partly below and partly above grade, but so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to ceiling. (Ord. 388 Art. 1 (part), 1975)

17.03.082 Bay window.

“Bay window” means a window or series of windows serving as an important element of the building’s architecture; forming an alcove in a room and projecting outward from the wall in a rectangular, polygonal or curved form. (Ord. 776 § 1, 1995)

17.03.085 Bed and breakfast.

“Bed and breakfast” means a home occupation in which there are guests as defined in Section 17.03.280. In addition the requirements of Section 17.03.310, bed and breakfast home occupations must meet the following requirements:

A. The room(s) are rented for transient (less than thirty days) occupancy;

B. The total number of persons staying within the rented portion of a bed and breakfast premises shall at no time exceed four, regardless of the number of rooms utilized by those four persons;

C. In addition to the regular parking requirements for the premises, one parking space must be provided for each bedroom available to bed and breakfast guests. (Ord. 533 § 1, 1983)

17.03.086 Bench.

“Bench” means a seat located upon, or adjacent to, public property for the accommodation of the public. (Ord. 775 § 1, 1995)

17.03.090 Block.

“Block” means all property fronting upon one side of a street between intersecting and intercepting streets or between a street and right-of-way, waterway, end of dead-end street or city boundary. An intercepting street shall determine only the boundary of the block on the side of the street which it intercepts. (Ord. 388 Art. 1 (part), 1975)

17.03.093 Bluff or cliff.

“Bluff” or “cliff” means the scarp or steep face of rock, decomposed rocks, sediment or soil resulting from erosion, faulting, folding or excavation of land mass and exceeding ten feet in height, and includes what we commonly know as “cliffs.” (Ord. 628 § 1, 1987)

17.03.110 Building,.

“Building” means any structure used or intended for supporting or sheltering any use or occupancy. (Ord. 388 Art. 1 (part), 1975)

17.03.120 Building coverage.

“Building coverage” means the land area covered by all buildings and accessory structures on a lot. (Ord. 388 Art. 1 (part), 1975)

17.03.125 Building face.

“Building face” means and includes the general outer surface of a main exterior wall of a building. For example, a building with a rectangular plan has four main exterior walls and four building faces. (Ord. 775 § 1, 1995)

17.03.130 Building height.

“Building height” means the vertical distance measured form the assumed ground surface of the building to the highest point of the roof, ridge or parapet wall. (Ord. 642 § 2, 1987; Ord. 455, 1979; Ord. 388 Art. 1 (part), 1975)

17.03.135 Building line.

“Building line” means a line established by ordinance beyond which no building may extend. A building line may be a property line. See curbline. (Ord. 775 § 1, 1995)

17.03.140 Building site.

“Building site” means the ground area occupied or capable of being occupied under this title by a building or group of buildings together with all open spaces as required by this title. (Ord. 388 Art. 1 (part), 1975)

17.03.150 Carport.

“Carport” means an accessory building to a residential structure, open on two, three or four sides and attached to, or detached from, a dwelling and established for the convenient loading or unloading of passengers or the storage of an automobile. (Ord. 873 § 7, 2004; Ord. 388 Art. 1 (part), 1975)

17.03.160 Club.

“Club” means an association of persons for some common nonprofit purpose, but not including groups organized primarily to render a service which is customarily carried on as a business. (Ord. 388 Art. 1 (part), 1975)

17.03.164 Community care facility.

A “community care facility” is any building which is maintained and operated to provide nonmedical residential care, or day-care services for children, adults or children and adults, including, but not limited to, the physically handicapped, mentally impaired, or incompetent persons. All community care facilities shall be appropriately licensed or registered pursuant to state law, unless exempted therefrom by state law. This definition and all other definitions relating to community care facilities shall be interpreted so as to be consistent with definitions found in state law or state administrative regulations. (Ord. 608 § 2, 1986)

17.03.166 Community care residential facility.

A. A “community care residential facility” is a community care facility, providing twenty-four-hour nonmedical care of persons in need of personal service, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individuals. It does not include “child day care facility” as that term is defined in Welfare and Institutions Code § 1596.750.

B. A small community care residential facility is one which serves six or fewer persons, not counting the operators.

C. A large community care residential facility has seven or more residents (not counting operators), including retirement homes and boarding homes for the aged but not including nursing homes. (Ord. 608 § 2, 1986)

17.03.170 Convalescent hospital.

A “convalescent hospital” is a type of hospital which provides bed care for persons suffering chronic illness, or convalescent care for patients who, by reason of illness or physical infirmity, are unable to care for themselves properly. (Ord. 608 § 2, 1986; Ord. 388 Art. 1 (part), 1975)

17.03.180 Court.

“Court” means an open, unoccupied space, other than a yard, on the same lot with a building or buildings and bounded on two or more sides by such buildings. (Ord. 388 Art. 1 (part), 1975)

17.03.181 Curbline.

“Curbline” means the line at the face of the curb nearest to the street or roadway. In the absence of a curb, the curbline shall be established by the city engineer. See building line. (Ord. 775 § 1, 1995)

17.03.182 Drip or bubble irrigation.

“Drip or bubble irrigation” means a network of narrow tubes or porous tubing that deliver small amounts of water to individual plants above or below the ground. (Ord. 744 § 2, 1992)

17.03.185 Drought resistant.

“Drought resistant” means a plant that can survive with little or no water once established. (Ord. 744 § 2, 1992)

17.03.190 Dwelling.

“Dwelling” means a building or portion thereof designed exclusively for residential occupancy, including one-family, two-family, and multiple dwellings, but not including hotels and lodging facilities. (Ord. 661 § 2, 1988; Ord. 388 Art. 1 (part), 1975)

17.03.200 Dwelling multiple-family.

A. “Multiple-family dwelling” when used in the context of, or with reference to, the design, development, construction of, or remodeling of a building or portion thereof, means a building designed as a residence to house two or more families, living independently of each other and doing their own cooking in said building, including all necessary employees of each such family, including apartment and group dwellings.

B. When used in the context of, or with reference to the use of buildings, “multiple-family dwelling” means using buildings or portions thereof as a residence to house two or more families, living independently of each other, and doing their own cooking in said building, including all necessary employees of each such family. “Residence,” as used in this subsection does not include “transient rental use” as defined in Section 17.03.686. (Ord. 687 § 3, 1990; Ord. 388 Art. 1 (part), 1975)

17.03.210 Dwelling, one-family.

A. One-family dwelling” when used in the context of, or with reference to, design, development, construction, or remodeling means a detached building, containing one kitchen, designed exclusively to house not more than one family, including all necessary employees of such family.

B. When used in the context of, or with reference to, the use of a building or portion thereof, “one family dwelling” means used exclusively for residential occupancy by not more than one family, including all necessary employees of such family. “Residential occupancy” as used in this subsection does not include “transient rental use” as defined in Section 17.03.686. (Ord. 687 § 2, 1990; Ord. 388 Art. 1 (part), 1975)

17.03.220 Dwelling unit.

“Dwelling unit” means one or more rooms in a dwelling designed for occupancy by one family for living or sleeping purposes and having only one kitchen. (Ord. 388 Art. 1 (part), 1975)

17.03.223 Energy facility.

“Energy facility” means any public or private processing, producing, generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal or other source of energy. (Ord. 677 § 12(B), 1989)

17.03.225 External appearance.

“External appearance” means the architectural style, design, general arrangement, and components of all of the outer surfaces of an improvement, including, but not limited to, color and texture of building material and type and style of all windows, doors, lights, signs, and other fixtures appurtenant to the improvement. (Ord. 515 § 3, 1982)

17.03.230 Factory-built housing.

“Factory-built housing” means any residential building, dwelling unit or habitable room thereof which is either wholly manufactured or is in a substantial part manufactured at an off-site location to be wholly or partially assembled on another site for residential or dwelling purposes. (Ord. 388 Art. 1 (part), 1975)

17.03.240 Family.

“Family” means a group of persons who live together, whether at one or more addresses, on a relatively permanent basis. However, “single family” or “multiple family” should not be interpreted to prohibit a person, living alone, from residing in R-1 or R-M zones. (Ord. 690 § 1, 1990; Ord. 388 Art. 1 (part), 1975)

17.03.242 Family day care home.

“Family day care home” means a home that regularly provides care, protection, and supervision for fourteen or fewer children, in the provider’s own home, for periods of less than twenty-four hours per day, while the parents or guardians are away, and is either a large family day care home or a small family day care home. (See Section 1596.78 of the California Health and Safety Code.)

A. “Large family day care home” means a home that provides family day care for up to twelve children, or for up to fourteen children if certain criteria are met, as set forth in California Health and Safety Code Section 1597.465 and as defined in state regulations (see 22 California Administrative Code Sections 102352(f)(1)(B) and 102416.5(c)). These capacities include children under age ten who live in the licensee’s home and the assistant provider’s children under age ten.

B. “Small family day care home” means a home that provides family day care for up to six children, or for up to eight children if certain criteria are met, as set forth in California Health and Safety Code Section 1597.44 and as defined in regulations (see 22 California Administrative Code Sections 102352(f)(1)(A) and 102416.5(b)). These capacities include children under age ten who live in the licensee’s home. (Ord. 878 § 1, 2004; Ord. 608 § 2, 1986)

17.03.245 Floodplain.

“Floodplain” means the land on either side of the creek or other watercourse which may be subject to flooding, and includes but is not necessarily limited to any one-hundred-year floodplain as determined by the Federal Flood Insurance Program. (Ord. 628 § 1, 1987)

17.03.246 Floor area.

“Floor area” means the entire floor area in all enclosed structures, without deduction for such features as interior walls, stairways or storage, except as permitted for one and one-half story single family residences pursuant to Section 17.15.100(B). It also includes covered or uncovered upper-floor decks; and porches and covered exterior open space in excess of one hundred fifty square feet, including eaves greater than eighteen inches in length. For commercial uses the floor area of patios, courtyards and outside dining areas primarily utilized by a business or group of related businesses, its customers, or its employees, as opposed to the general public. “Floor area ratio” means the gross floor area of all of the buildings on the lot divided by the net lot area. (Ord. 882 § 1, 2005; Ord. 873 § 8, 2004; Ord. 775 § 1, 1995)

17.03.247 Floor area, available for dining.

“Floor area, available for dining” means floor area in a restaurant which may be used for the placement of seating for the consumption of food or beverages. (Ord. 947 § 4, 2010)

17.03.248 Freeway.

“Freeway” means a highway or expressway 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 owners have only limited or restricted right or easement of access. (Ord. 947 § 4, 2010; Ord. 775 § 1, 1995)

17.03.250 Frontage.

“Frontage” means that portion of all property abutting on a side of a street between two intersecting or terminating streets, or the end of such street if it does not meet another. (Ord. 388 Art. 1 (part), 1975)

17.03.260 Garage, parking.

“Parking garage” means any building or premises, except those described as a private garage, designed and/or used by the general public on a commercial basis for the storage only of motor vehicles. (Ord. 388 Art. 1 (part), 1975)

17.03.270 Garage, private.

“Private garage” means a detached accessory building or portion of a main building with capacity for not more than three motor vehicles designed and/or used for the shelter, parking or storage of vehicles owned or operated by the occupants of the main dwelling, including covered parking space or carport; provided, however, a private garage may exceed a three-vehicle capacity if the lot whereupon such garage is located contains, in area, not less than one thousand five hundred square feet for each vehicle stored. (See definition of accessory building.) (Ord. 388 Art. 1 (part), 1975)

17.03.275 Geological hazard.

“Geological hazard” means a threat to life, property or public safety caused by geological or hydrological processes such as faulting and secondary seismic effects, including but not limited to: liquefaction, landsliding, erosion, flooding, tsunami or storm wave inundation. (Ord. 628 § 1, 1987)

17.03.280 Guest.

“Guest” means any person who rents a room for sleeping purposes. (Ord. 388 Art. 1 (part), 1975)

17.03.285 Historic feature.

Any improvement, or group of improvements on a single site, of historic significance because of special aesthetic, cultural, architectural, archaeological, paleontological characteristic which has been so designated by the city council upon the recommendation of the planning commission. (Ord. 515 § 3, 1982)

17.03.310 Home occupations.

“Home occupations” means any secondary activity conducted on the premises by the occupant of the dwelling where the home occupation is the applicant’s only place of business; where there are no advertising signs (except a nameplate not to exceed one square foot in size); no display or outside storage; no employee or assistant who is not a resident of the dwelling; no objectionable equipment, noise or odors; no excessive pedestrian, automobile or truck traffic introduced to the neighborhood; normally no goods or commodity sold on the premises; and does not provide a service which normally involves the purchaser being present when a significant portion of the services are performed. (Ord. 747, 1993; Ord. 388 Art. 1 (part), 1975)

17.03.320 Hotel.

“Hotel” means any building or portion containing six or more guest rooms intended or designed to be used or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests with no provision for cooking in any individual room or suite, with access to units primarily from interior lobbies, courts or halls (including hotels, public and private clubs and any such buildings of any nature whatsoever so designed or intended to be occupied), except that jails, hospitals, asylums, sanitariums, orphanages, prisons, detention homes and similar buildings where human beings are housed or detained under legal restraint, are specifically not included. (Ord. 608 § 2, 1986; Ord. 388 Art. 1 (part), 1975)

17.03.322 Irrigation audit.

“Irrigation audit” means a process to perform site inspections, evaluate irrigation systems, and develop efficient irrigation schedules. (Ord. 744 § 2, 1992)

17.03.325 Irrigation system.

“Irrigation system” means a system designed to distribute water to plants artificially. (Ord. 744 § 2, 1922)

17.03.330 Junkyard.

“Junkyard” means an area of more than three hundred square feet of any lot or of any portion of the front half of any lot for the storage of junk including scrap metals or other scrap materials, and/or for the dismantling or wrecking of automobiles or other vehicles or machinery. (Ord. 388 Art. 1 (part), 1975)

17.03.340 Kitchen.

“Kitchen” means any room or part of a room used or intended or designed to be used for cooking or the preparation of food for a single dwelling unit, and distinct from a “mini-bar/convenience area” which is intended as a supplemental food preparation area within a single-family home. Such an area is limited to a small refrigerator, a microwave oven and a small sink with a drain size less than one and one-half inches. No gas line or two hundred twenty electric service is permitted within this area. Only one such area is permitted within a dwelling in addition to the kitchen, and internal access within the dwelling must be maintained. (Ord. 873 § 9, 2004; Ord. 388 Art. 1 (part), 1975)

17.03.345 Landscaped area.

“Landscaped area” means the entire parcel less the building footprint, driveways, nonirrigated portions of parking lots, and hardscapes. Water features are included in the calculation of the landscaped area. (Ord. 744 § 2, 1992)

17.03.350 Lodging facility.

“Lodging facility” means a business which rents rooms to the general public for sleeping purposes, but which is neither a hotel nor motel. Lodging facilities may not do any of the following:

A. Rent rooms in which there are cooking facilities;

B. Rent to persons who intend to make it their domicile or residence;

C. Offer leases with terms greater than twenty-nine days;

D. Provide the following services to its guests: (1) medical care, (2) convalescent care, or (3) care, protection or supervision for minors. (Ord. 661 § 1, 1988; Ord. 608 § 2, 1986; Ord. 388 Art. 1 (part), 1975)

17.03.360 Lot.

“Lot” means a parcel of land under one ownership occupied or capable of being occupied by a building and its accessory buildings, together with such open spaces as are required under the regulations of this title, and having its principal frontage upon a street or place, but not including an alley. (Ord. 388 Art. 1 (part), 1975)

17.03.370 Lot area.

“Lot area” means the total horizontal area included within the lot lines of the lot, including one-half the width of any alley or portion thereof abutting any such lot line. (Ord. 388 Art. 1 (part), 1975)

17.03.380 Lot, corner.

“Corner lot” means a lot situated at the junction of two or more intersecting streets, with a lot line thereof bordering on each of the two or more streets. (Ord. 388 Art. 1 (part), 1975)

17.03.390 Lot depth.

“Lot depth” means the horizontal distance from the street line or front line of the lot to the rear line, measured in the mean direction of the side lines of the lot. (Ord. 388 Art. 1 (part), 1975)

17.03.400 Lot line.

“Lot line” means the lines bounding a lot as defined in this chapter. (Ord. 388 Art. 1 (part), 1975)

17.03.410 Lot line, front.

“Front lot line” means that dimension of a lot or portion of a lot, abutting on a street except the side of a corner lot. (Ord. 388 Art. 1 (part), 1975)

17.03.420 Lot line, rear.

“Rear-lot line” means ordinarily, the line of a lot which is generally opposite the line along the frontage of said lot. In cases in which this definition is not applicable, the planning commission shall designate the rear lot line. (Ord. 388 Art. 1 (part), 1975)

17.03.430 Lot line, side.

“Side lot line” means any boundary line not a front line or a rear line. (Ord. 388 Art. 1 (part), 1975)

17.03.440 Lot, reversed corner.

“Reversed corner lot” means a corner lot, the side street line of which is substantially a continuation of the front line of the lot upon which it rears. (Ord. 388 Art. 1 (part), 1975)

17.03.450 Lot width.

“Lot width” means the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. (Ord. 388 Art. 1 (part), 1975)

17.03.455 Material change.

“Material change” means any significant alteration, by private or public action, in the external appearance or surface of an improvement, landscape or vista. This shall not include ordinary maintenance which does not require a permit. (Ord. 515 § 3, 1982)

17.03.460 Modular built housing.

“Modular built housing” means any mass-produced or manufactured housing in modules or sections that are intended to be reassembled at a housing site. (Ord. 388 Art. 1 (part), 1975)

17.03.470 Motels.

“Motels” means a building or group of buildings containing individual sleeping or living units, designed for or used by automobile tourists or transient guests, with parking space conveniently located to each unit, including auto courts, motels or motor lodges. (Ord. 608 § 2, 1986; Ord. 388 Art. 1 (part), 1975)

17.03.475 Mulch.

“Mulch” means any material such as leaves, bark, straw or other materials left loose and applied to the soil surface to reduce evaporation. (Ord. 744 § 2, 1992)

17.03.480 Nonconforming structure.

“Nonconforming structure” is defined as a structure which does not meet the current development standards for the district in which the structure is located. Development standards include, but are not limited to setbacks, height or lot coverage regulations of the district, but do not include standards contained in the Uniform Codes, such as the Building Code, adopted in Section 15.04.010 because those codes contain their own specific regulations regarding structures that do not meet current regulations. (Ord. 761 § 2, 1993; Ord. 388 Art. 1 (part), 1975)

17.03.490 Nonconforming activity.

“Nonconforming activity” is defined as an activity, business or enterprise which was legal at the time it was established but which is not presently a permitted or conditional use in the zoning district where the activity, business or enterprise is located, or does not conform to current parking requirements. In residential zones it also means having a greater density of dwelling units than is presently allowed in the district. (Ord. 761 § 2, 1993; Ord. 388 Art. 1 (part), 1975)

17.03.500 Nursing home.

“Nursing home” is deemed to include any occupancy for the reception and care of persons both ambulatory and nonambulatory which has been duly licensed by the State Health Department and the State Fire Marshal’s Office. (Ord. 388 Art. 1 (part), 1975)

17.03.510 Parking lot.

“Parking lot” means an open area of land, a yard or other open space on a lot other than a street or alley, used for or designed for temporary parking for more than four automobiles and available for public use, whether free, for compensation, or as an accommodation for clients or customers. (Ord. 388 Art. 1 (part), 1975)

17.03.520 Parking space.

“Parking space” means land or space privately owned, covered or uncovered, laid out for, surfaced, and used or designed to be used for temporary parking or storage of standard motor vehicles. (Ord. 388 Art. 1 (part), 1975)

17.03.525 Public works.

“Public works” means the following:

A. All production, storage, transmission, and recovery facilities for water, sewerage, telephone and other similar utilities owned or operated by any public agency or by any utility subject to the jurisdiction of the Public Utilities Commission, except for energy facilities;

B. All public transportation facilities, including streets, roads, highways, public parking lots and structures, ports, harbors, airports, railroads, and mass transit facilities and stations, bridges, trolley wires and other related facilities;

C. All publicly financed recreational facilities, all projects of the State Coastal Conservancy, and any development by a special district;

D. All community college districts. (Ord. 677 § 12(C), 1989)

17.03.526 Rain-sensing override device.

“Rain-sensing override device” means a system which automatically shuts off the irrigation system when it rains. (Ord. 744 § 2, 1992)

17.03.527 Residence.

“Residence” as used in this title means a dwelling unit, inhabited by an individual or a family, on a non-transient basis. (Ord. 690 § 2, 1990)

17.03.530 Residential care home.

“Residential care home” means a family residence in which room, board, and non-medical personal care services including supervision of and assistance with dressing, eating, personal hygiene, daily activity, health maintenance, transportation and protective safeguards for one to six adults are provided. (Ord. 388 Art. 1 (part), 1975)

17.03.535 Restaurant.

“Restaurant” means a retail food service establishment in which food or beverage is prepared and sold for on-site consumption. (Ord. 947 § 5, 2010)

17.03.550 Schools, elementary, junior, and senior high.

“Elementary, junior and senior high schools” means an institution of learning which offers instruction in the several branches of learning and study required to be taught in the public schools by the Education Code of the state. (Ord. 388 Art. 1 (part), 1975)

17.03.570 Service stations.

“Service stations” means a retail business establishment supplying gasoline and oil and minor accessories for automobiles. (Ord. 388 Art. 1 (part), 1975)

17.03.575 Sprinkler head.

“Sprinkler head” means a device which sprays water through a nozzle. (Ord. 744 § 2, 1992)

17.03.580 Stable, private.

“Private stable” means an accessory building with capacity for not more than two horses; provided, however, that the capacity of a private stable may be increased if the lot whereon such stable is located contains area of not less than twenty thousand square feet for each horse stabled, and to be used exclusively by the owners thereof and not kept for remuneration, hire or sale. (Ord. 388 Art. 1 (part), 1975)

17.03.600 Story.

“Story” means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or unused under-floor space is more than six feet above grade as defined in this chapter for more than fifty percent of the total perimeter or is more than twelve feet above grade as defined in this chapter at any point, such basement, cellar or unused under-floor space shall be considered as a story. (Ord. 388 Art. 1 (part), 1975)

17.03.610 Story, half.

“Half story” means a partial story under a gable, hip or gambrel roof, the wall plates of which are at least two opposite exterior walls and which are not more than four feet above the floor plate of the second floor, and may include shed or dormer projections from those walls. Dormers may constitute not more than one-third of the length of the wall upon which they are located, whether as a single unit or multiple dormers. (Ord. 882 § 1, 2005; Ord. 873 § 10, 2004; Ord. 388 Art. 1 (part), 1975)

17.03.620 Street.

“Street” means a public way more than twenty feet in width which affords a primary or principal means of access to abutting property. (Ord. 388 Art. 1 (part), 1975)

17.03.630 Street, side.

“Side street” means that street bounding a corner lot and which extends in the same general direction as the line determining the length of the lot. (Ord. 388 Art. 1 (part), 1975)

17.03.640 Structural alterations.

“Structural alterations” means any change in the supporting members of a building, such as bearing walls, columns, beams, girders, floor, ceiling or roof joists and roof rafters, or change in roof exterior lines which would prolong the life of the supporting members of a building. (Ord. 388 Art. 1 (part), 1975)

17.03.650 Structure.

“Structure” means anything constructed or erected, the use of which requires permanent location on the ground, or attached to something having a permanent location on the ground. Pipelines, poles, wires and similar installations erected or installed by public utility districts or companies shall not be construed as structures requiring a permit under this title.

B. In the coastal zone, “structure” includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line. These structures do require a coastal development permit except as exempted under Section 17.46.050 of this title. (Ord. 677 § 12(D), 1989; Ord. 388 Art. 1 (part), 1975)

17.03.660 Supermarket.

“Supermarket” means a retail food store with a gross floor area exceeding five thousand square feet. (Ord. 388 Art. 1 (part), 1975)

17.03.665 Supportive housing.

“Supportive housing” means housing with no limit on length of stay and that is occupied by a target population as defined in subdivision (d) of Section 53260 of the California Health and Safety Code, and that is linked to on-site or off-site services that assist residents in retaining housing, improving their health status, maximizing their ability to live and, when possible, work in the community. Supportive housing shall be treated as a residential use and shall be subject only to those restrictions that apply to other residential uses of the same residential housing type located in the same zoning district. (Ord. 998 § 1, 2015)

17.03.670 Trailer, automobile.

“Automobile trailer” means a vehicle with or without motor power, designed to be drawn by a motor vehicle when necessary and to be used for human habitation and for carrying persons and property, including trailer coach or house trailer. (Ord. 388 Art. 1 (part), 1975)

17.03.680 Trailer park.

“Trailer park” means any area or tract of land intended, maintained or designed for the purpose of supplying a location for accommodation for one or more automobile trailers or mobile homes for human habitation, including trailer camps or trailer parks, whether or not a charge is made for the use of the trailer space and park facilities. (Ord. 388 Art. 1 (part), 1975)

17.03.686 Transient rental use.

“Transient rental use” means, in R-1 or R-M district, the occupancy for hire of real property or portion thereof for a period of less than thirty consecutive calendar days. “For hire,” for purposes of this section, does not include:

A. The owner or long term lessee of the property, without consideration, allowing family or friends to use the property;

B. An arrangement whereby the owner or long term lessee of the property agrees to a short term trade with another property owner or long term lessee whereby the sole consideration is each concurrently using the other’s property. (Ord. 687 § 1, 1990)

17.03.688 Transitional housing.

“Transitional housing” means residential units operated under program requirements that call for: (A) the termination of any assistance to an existing program recipient, and (B) the subsequent recirculation of the assisted residential unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. Transitional housing may be provided in all residential housing types. In all cases, transitional housing is and shall be treated as a residential use and shall be subject only to those restrictions that apply to other residential uses of the same residential housing type located in the same zoning district. (Ord. 998 § 2, 2015)

17.03.690 Use.

“Use,” when utilized in reference to a proposal to create or modify a building, means the kinds of intended occupancies for which the building is arranged or designed. In other contexts, “use” refers to the predominant activity or class of activities that will be allowed within a building, or upon a parcel or collection of adjacent parcels. Where it is relevant to distinguish, the phrase “design-use” will be utilized to refer to the first meaning above; and “activity-use” will be utilized for the second above-stated meaning. (Ord. 817 § 1, 2000; Ord. 388 Art 1 (part), 1975)

17.03.692 Valve.

“Valve” means a device used to control the flow of water in the irrigation system. (Ord. 744 § 2, 1992)

17.03.695 Vista.

“Vista” means a long view, or prospect, especially one through or along an avenue, as between rows of trees; also, the trees, structures, or other forming the avenue or view. (Ord. 515 § 3, 1982)

17.03.700 Warehouse.

“Warehouse” means a building used primarily for the more or less temporary storage of commercial goods to be sold elsewhere. (Ord. 388 Art. 1 (part), 1975)

17.03.710 Yard.

“Yard” means an open space, other than a court, on the same lot with a building, unoccupied and unobstructed from the ground upward, except for such encroachments as provided in the district regulations of this title. (Ord. 388 Art. 1 (part), 1975)

17.03.720 Yard, front.

“Front yard” means a yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front line of the lot and the nearest line of the main building or enclosed or covered porch. On a corner lot the front line of the lot shall ordinarily be construed as the least dimension of the lot fronting on a street. (Ord. 388 Art. 1 (part), 1975)

17.03.730 Yard, rear.

“Rear yard” means a yard extending across the full width of the lot, and measured between the rear line of the main building or enclosed or covered porch nearest the rear line of the lot; the depth of the required rear yard shall be measured horizontally. (Ord. 388 Art. 1 (part), 1975)

17.03.740 Yard, side.

“Side yard” means a yard on each side of the main building extending from the front yard to the rear yard, the width of each yard being measured between the side line of the lot and the nearest part of the main building or enclosed or covered porch. (Ord. 388 Art. 1 (part), 1975)

17.03.750 Wrecking yard.

See “Junkyard.” (Ord. 388 Art. 1 (part), 1975)