Chapter 17.90
DEFINITIONS
Sections:
17.90.020 Definitions of specialized terms and phrases.
17.90.010 Purpose.
This chapter provides definitions of terms and phrases used in this land use code that are technical or specialized, or that may not reflect common usage. If a definition in this chapter conflicts with a definition in another provision of the municipal code, these definitions shall control for the purposes of this land use code. If a word is not defined in this chapter, or in other provisions of the city of Cotati Municipal Code, the director shall determine the correct definition, giving deference to common usage. (Ord. 766 § 2 Exh. A (part), 2004).
17.90.020 Definitions of specialized terms and phrases.
As used in this land use code, the following terms and phrases shall have the meaning ascribed to them in this section, unless the context in which they are used clearly requires otherwise:
A. Definitions, “A.”
“Abut” means having property lines, street lines, and/or zoning district lines in common.
“Accessory dwelling unit” has the same meaning as defined in California Government Code Section 65852.2, as amended from time to time.
“Accessory dwelling unit – Attached” means an accessory dwelling unit that is constructed as a physical expansion (i.e., addition) of the primary dwelling unit and shares a common wall with the primary dwelling unit.
“Accessory dwelling unit – Detached” means an accessory dwelling unit that is constructed as a separate structure from the primary dwelling unit.
“Accessory dwelling unit – Interior” means an accessory dwelling unit that is created within an existing structure.
“Accessory retail use or services” means the limited retail sale of various products, the provision of certain services or amenities within an approved health care, hotel, office, retail, industrial or other use, to employees or customers of, or visitors to the primary use. Examples of these uses include pharmacies, gift shops, and food service establishments within hospitals; convenience stores and food service establishments within hotel, office and industrial businesses; barber and beauty shops within residential care facilities; and/or the limited provision of entertainment such as live music or performance, subject to all other provisions and limitations of the Cotati Municipal Code (such as the noise ordinance). In no case shall the accessory use or service take up more than twenty-five percent of the gross floor area or business receipts of the primary use or business. Does not include formula-based fast food restaurants or adult oriented businesses, which are separately defined.
“Accessory structure” means a structure that is physically detached from, secondary and incidental to, and commonly associated with a primary structure on the same site. See also “Agricultural accessory structure,” and “Residential accessory uses and structures.”
“Accessory use” means a use customarily incidental to, related and clearly subordinate to a primary use on the same parcel, which does not alter the primary use nor serve property other than the parcel where the primary use is located.
Adult Day Care. See “Day care.”
Adult-Oriented Business. The following terms and phrases are defined for the purposes of Chapter 17.40 (Adult-Oriented Business Regulations) of this title:
1. “Adult arcade” means any business establishment or concern containing one or more coin- or slug-operated or manually or electronically controlled still or motion picture projectors, video machines, projector or similar image-producing devices, that are maintained to display images to an individual or group of individuals when those images are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
2. “Adult bookstore” means any establishment which as a regular and substantial course of conduct, displays and/or distributes sexually oriented merchandise, sexually oriented material, books, periodicals, magazines, or other printed materials, or photographs, drawings, sculptures, films, motion pictures, videos, discs, cassettes, slides, tapes, records, or other form of visual or audio representations which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities and/or specified anatomical areas. (See “adult-oriented business” for definition of regular and substantial course of conduct).
3. “Adult cabaret” means a night club, bar, lounge, restaurant, or similar business establishment or concern which features as a regular and substantial course of conduct, any type of live entertainment, films, motion pictures, computer-generated images, videos, discs, slides, or other photographic reproductions, or other oral, written or visual representations which are distinguished or characterized by an emphasis upon matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
4. “Adult dance studio” means any business establishment or concern which provides for members of the public a partner for dance where the partner, or the dance is distinguished or characterized by an emphasis upon matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
5. “Adult hotel/motel” means a hotel, motel, or other similar business establishment or concern offering public accommodations for any form of consideration which, as a regular and substantial course of conduct, provides to its patrons, through the provision of rooms equipped with closed-circuit television, films, computer-generated images, motion pictures, videos, discs, slides, other photographic reproductions, or other medium, material which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas and which rents, leases, or lets any room for less than a twelve-hour period, or rents, leases, or lets any single room more than once in a twenty-four-hour period.
6. “Adult modeling studio” means any business or premises where there is furnished, provided, or procured, a figure model or models who pose in any manner which is characterized by its emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas where the model(s) is being observed or viewed by any person for the purpose of being sketched, photographed, painted, drawn, sculpted, filmed, or videotaped or otherwise depicted for a fee, compensation, gratuity, or other thing of value as consideration for the right or opportunity to so observe the model or to remain on the premises. “Adult modeling studio” does not include any live art class or any studio or classroom which is operated by any public agency, or any private educational institution authorized to issue and confer a diploma or degree in compliance with standards set by the State Board of Education.
7. “Adult-oriented business” means any business establishment or concern which, as a regular and substantial course of conduct, operates as an adult arcade, adult bookstore, adult cabaret, adult dance studio, adult hotel/motel, adult modeling studio, adult theater; any business establishment or concern which, as a regular and substantial course of conduct sells or distributes or offers for sale or distribution, sexually oriented merchandise or sexually oriented material; or any other business establishment or concern which, as a regular and substantial course of conduct, offers to its patrons products, merchandise, services, or entertainment characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas. “Adult-oriented business” does not include those uses or activities, the regulation of which is preempted by state law. For the purposes of this section, a business establishment or concern has established the provision of products, merchandise, services, or entertainment characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas as a regular and substantial course of conduct when one or more of the following conditions exist:
a. The area devoted to adult merchandise and/or sexually oriented material exceeds more than twenty percent of the total display or floor space area open to the public;
b. The business establishment or concern presents any type of live entertainment which is characterized by an emphasis on specified sexual activity or specified anatomical areas at least four times in any month;
c. The regular and substantial course of conduct of the business consists of, or involves the sale, trade, display, or presentation of services, products, or entertainment which are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
8. “Adult theater” means a business establishment or concern which, as a regular and substantial course of conduct, presents live entertainment performances, motion pictures, videos, computer images, slide photographs, or other pictures or visual representations or reproductions which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
9. “Adult-oriented business operator” means a person who supervises, manages, inspects, directs, organizes, controls, or in any other way is responsible for, or in charge of the premises of an adult-oriented business or the conduct or activities occurring on the premises thereof. This term shall hereinafter be referred to as “operator.”
10. “Applicant” means a person who is required to file an application for a permit under this chapter, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of an adult-oriented business.
11. “Bar” means any commercial establishment licensed by the State Department of Alcoholic Beverage Control to serve any alcoholic beverages on the premises.
12. “Distinguished or characterized by an emphasis upon” means and refers to the dominant or essential theme of the object described by the 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 or theme are the depiction of the enumerated sexual activities or anatomical areas. See Pringle v. City of Covina (1981) 115 Cal.App.3d 151.
13. “Entertainer” means any person who dances, models, entertains, and/or performs specified sexual activities or displays specified anatomical areas in an adult-oriented business.
14. “Establishment of an adult-oriented business” means and includes any of the following:
a. The opening or commencement of any adult-oriented business as a new business;
b. The conversion of an existing business, whether or not an adult-oriented business, to any adult-oriented business defined in this section;
c. The addition of any of the adult-oriented businesses defined in this section, to any other existing adult-oriented business; or
d. The relocation of any adult-oriented business.
15. “Figure model” means any person who, for pecuniary compensation, consideration, hire, or reward, poses in a modeling studio to be observed, sketched, painted, drawn, sculptured, photographed, or otherwise depicted.
16. “Live art class” means any premises on which all of the following occur: there is conducted a program of instruction involving the drawing, photographing, or sculpting of live models exposing specified anatomical areas; instruction is offered in a series of at least two classes; the instruction is offered indoors; an instructor is present in the classroom while any participants are present; and preregistration is required at least twenty-four hours in advance of participation in the class.
17. “Nudity” or “a state of nudity” means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the areola.
18. “Operate an adult-oriented business” means the supervising, managing, inspecting, directing, organizing, controlling, or in any way being responsible for, or in charge of the conduct of activities of an adult-oriented business or activities within an adult-oriented business.
19. “Permittee” means the person to whom an adult-oriented business permit is issued.
20. “Person” means any individual, partnership, copartnership, firm, association, joint stock company, corporation, or combination of the above in whatever form or character.
21. “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 in compliance with 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 or an institution of higher education, including a community or junior college, college, or university, but it does not include a vocational institution.
22. “Seminude” 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.
23. “Sexual encounter center” means any business, agency, or person who, for any form of consideration or gratuity, provides a place where three or more persons, not all members of the same family, may congregate, assemble, or associate for the purpose of engaging in specified sexual activities or exposing specified anatomical areas.
24. “Sexually oriented material” means any element of sexually oriented merchandise, or any book, periodical, magazine, photograph, drawing, sculpture, motion picture, film, video, disc, computer-generated image, or other written, oral or visual representation which, for purposes of sexual arousal, provides depictions which are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
25. “Sexually oriented merchandise” means sexually oriented implements and paraphernalia, including, but not limited to, dildos, auto sucks, sexually oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery or electrically operated vaginas or penises, and similar sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sado-masochistic activity or which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
26. “Specified anatomical areas” mean and include any of the following:
a. Less than completely and opaquely covered human: (1) genitals or pubic region; (2) buttocks; and/or (3) female breast below a point immediately above the top of the areola; or
b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
c. Any device, costume, or covering that simulates any of the body parts included in subsection a or b, above.
27. “Specified sexual activities” mean and include any of the following, whether performed directly or indirectly through clothing or other covering:
a. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory function in the context of a sexual relationship, any of the following depicted sexually oriented acts or conduct: analingus, bestiality, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerastia;
b. Clearly depicted human genitals in a state of sexual stimulation, arousal, or tumescence;
c. Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation;
d. Fondling, or touching of nude human genitals, pubic region, buttocks, or female breast;
e. Masochism, erotic, or sexually oriented torture, beating, or the infliction of pain;
f. Erotic or lewd touching, fondling, or other sexually oriented contact with an animal by a human being; or human excretion, urination, menstruation, vaginal, or anal irrigation; or
g. The presence of any person who performs, or appears in a state of nudity or seminude.
Affordable and Inclusionary Housing. The following terms are defined for the purposes of Chapters 17.32 (Density Bonuses) and 17.31 (Affordable Housing Requirements) of this title.
1. “Affordable rent” means monthly housing expenses, including a reasonable allowance for utilities, for rental units reserved for very low- or low-income households, not exceeding the following calculations:
a. Low income: eighty percent of median income as defined by state law (Health and Safety Code Section 500717.5) and the HUD income limits.
b. Very low income: fifty percent of median income as defined by state law (Health and Safety Code Section 50105) and the HUD income limits.
2. “Affordable sales price” means a sales price at which very low- and low-income households can qualify for the purchase of designated dwelling units, calculated on the basis of underwriting standards of mortgage financing available for the development.
“Agent” means a person authorized in writing by the property owner to represent and act for a property owner in contacts with city employees, committees, commissions, and the council, regarding matters regulated by this land use code.
“Agricultural accessory structure” means a structure for sheltering animals, or agricultural equipment, hay, feed, etc. Examples of these structures include barns, noncommercial greenhouses, coops, corrals, and pens. Does not include pasture fencing, which requires no city approval when in compliance with Section 17.30.030 (Fences, walls, and screening) of this title.
“Agricultural product processing” means the processing of harvested crops to prepare them for on-site marketing or processing and packaging elsewhere. Examples of this land use include the following:
1. Alfalfa cubing;
2. Corn shelling;
3. Custom grist mills;
4. Custom milling of flour, feed and grain;
5. Dairies (but not feedlots, see instead “Livestock operations, sales yards, feedlots, stockyards”);
6. Drying of corn, rice, hay, fruits and vegetables;
7. Grain cleaning and custom grinding;
8. Hay baling and cubing;
9. Precooling and packaging of fresh or farm-dried fruits and vegetables;
10. Sorting, grading and packing of fruits and vegetables;
11. Tree nut hulling and shelling.
Does not include wineries, which are separately defined.
“Agricultural worker housing center” means housing for agricultural employees consisting of no more than thirty-six beds in group quarters or twelve units designed for use by a single family or household. An agricultural worker housing center is an agricultural use and is permitted in all zoning districts that allow agricultural uses, subject to the same standards and permit requirements as an agricultural use.
“Alcoholic beverage sales” means the retail sale of beer, wine, and/or distilled spirits for on-premises or off-premises consumption.
“Alley” means a public or private roadway that provides vehicle access to the rear or side of parcels having other public street frontage, that is not intended for general traffic circulation.
“Allowed (allowed use)” means a land use identified by Article 2 (Community and Project Design) as a permitted or conditional use that may be established with planning permit and, where applicable, design review and/or building permit approval, subject to compliance with all applicable provisions of this land use code.
“Altered” means physical change in the internal arrangement of rooms or the supporting members of a structure, or a change in the external appearance of any structure, not including painting.
“Ambulance, taxi, or limousine storage” means a base facility where multiple taxis and/or limousines are stored until dispatched, and/or where ambulance vehicles and crews not based at a hospital or fire department stand by for emergency calls. May also include dispatch services; but does not include dispatch services that have no on-site vehicle storage, which are instead included under “Office – Professional/administrative.”
Animal Keeping. See Section 17.42.040 (Animal keeping) of this title.
“Antique or collectible store” means a retail store that sells antiques, curios, gifts and souvenirs, and collectible items including sports cards and comic books. A store that primarily sells books is included under “General retail.” Does not include stores selling other types of secondhand items (e.g., clothing), which are instead included in the definition of “Secondhand store.”
Apartment. See “Multifamily housing.”
“Applicant” means any person who is filing an application requesting an action who is:
1. The owner or lessee of property;
2. A party who has contracted to purchase property contingent upon that party’s ability to acquire the necessary approvals required for that action in compliance with this land use code, and who presents written authorization from the property owner to file an application with the city; or
3. The agent of either of the above who presents written authorization from the property owner to file an application with the city.
“Approval” means and includes both approval and approval with conditions.
“Arborist” means: 1) a person currently certified by the western chapter of the International Society of Arboriculture as an expert on the care of trees; 2) a consulting arborist who satisfies the requirements of the American Society of Consulting Arborists; or 3) other qualified professional who, the director determines, has gained through experience the qualifications to identify, remove, or replace trees.
“Architectural feature” means an exterior building feature including roof, windows, doors, porches, etc.
“Artisan/craft product manufacturing” means an establishment that manufactures and/or assembles small products primarily by hand, including jewelry, pottery and other ceramics, as well as small glass and metal art and food or beverage craft products.
“Artisan shop” means a retail store selling art glass, ceramics, jewelry, paintings, sculpture, and other handcrafted items, including food- and beverage-based products, where the store includes an area for the crafting of the items being sold, but where the crafting activity is incidental to retail sales.
“Assessed value” means the value of a structure as shown in the records of the county assessor.
“Attic” means the area located between the uppermost plate and the roof or ridge of a structure.
“Auto and vehicle sales/rental” means a retail or wholesale establishment selling and/or renting automobiles, trucks and vans, trailers, motorcycles, and bicycles (bicycle sales are also included under “General retail”). Vehicles for sale may be displayed outdoors or indoors, as authorized by the required use permit.
May also include repair shops and the sales of parts and accessories, incidental to vehicle dealerships. Does not include: the sale of auto parts/accessories separate from a vehicle dealership (see “Auto parts sales”); mobilehome, recreational vehicle, or watercraft sales (see “Mobilehome, RV and boat sales”); tire recapping establishments (see “Vehicle services”); businesses dealing exclusively in used parts, (see “Recycling – Scrap and dismantling yards”); or “Service stations,” which are separately defined.
“Auto parts sales” mean stores that sell new automobile parts, tires, and accessories. Establishments that provide installation services are instead included under “Vehicle services – Repair and maintenance – Minor.” Does not include tire recapping, which is found under “Vehicle services” or businesses dealing exclusively in used parts, which are included under “Recycling – Scrap and dismantling yards.”
Auto Repair. See “Vehicle services.”
“Automated teller machine (ATM)” means a computerized, self-service machine used by banking customers for financial transactions, including deposits, withdrawals and fund transfers, without face-to-face contact with financial institution personnel. The machines may be located at or within banks, or in other locations. Does not include drive-up ATMs; see “Drive-through services.”
B. Definitions, “B.”
“Balcony” means a platform that projects from a wall of a building and is enclosed by a parapet or railing.
“Bank, financial services” means financial institutions including:
1. Banks and trust companies;
2. Credit agencies;
3. Holding (but not primarily operating) companies;
4. Lending and thrift institutions;
5. Other investment companies;
6. Securities/commodity contract brokers and dealers;
7. Security and commodity exchanges;
8. Vehicle finance (equity) leasing agencies.
See also, “Automated teller machine.” Does not include check-cashing stores, which are instead defined under “Personal services – Restricted.”
“Bar/tavern” means a business where alcoholic beverages are sold for on-site consumption, which are not part of a larger restaurant. Includes bars, taverns, pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. May also include beer brewing as part of a microbrewery (“brew-pub”), and other beverage tasting facilities. Does not include adult-oriented businesses or formula-based fast food restaurant, which is separately defined.
Bed and Breakfast Inn (B&B). See “Lodging.”
“Brewery – Brew pub” means an establishment that produces ales, beers, meads, hard ciders, and/or similar beverages to serve on site. Sale of beverages for off-site consumption is also permitted in keeping with the regulations of the Alcoholic Beverage Control (ABC) and Bureau of Alcohol, Tobacco, and Firearms (ATF). Service of brewed beverages must be in conjunction with the service of food. Brew pubs may not produce more than fifteen thousand barrels of beverage (all beverage types combined) annually. May include the distribution of beverages for consumption at other sites.
“Brewery – Production” means an establishment which produces ales, beers, meads, hard ciders, and/or similar beverages on site. Production breweries are classified as a use which manufactures more than fifteen thousand barrels of beverage (all beverage types combined) annually. Breweries may also serve beverages on site, and sell beverages for off-site consumption in keeping with the regulations of the Alcoholic Beverage Control (ABC) and Bureau of Alcohol, Tobacco, and Firearms (ATF). In addition, uses which produce fifteen thousand barrels of beverage or less, but which do not meet one or more of the additional requirements to be considered a brew pub, are breweries.
“Broadcasting studio” means commercial and public communications uses including radio and television broadcasting and receiving stations and studios, with facilities entirely within buildings. Does not include transmission and receiving apparatus, including antennas and towers, which are instead defined under “Telecommunications facilities.”
“Build-to-line” means a line parallel to a property line where a structure is required to be located.
“Building and landscape materials sales” means a retail establishment selling hardware, tools, appliances, lumber and other building materials, plants and other landscaping materials. Includes paint, wallpaper, flooring, glass, fixtures, and similar products. Includes these types of stores selling to the general public, even if contractor sales account for a major proportion of total sales. Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are classified in “Wholesaling and distribution.”
“Building frontage” means a building wall adjacent to a parcel boundary that abuts public rights-of-way. A primary building frontage provides the main pedestrian entrance to the building. A secondary building frontage abuts a side street, rear entrance, or has an entrance from other than a public right-of-way. See Figure 9-1.
Figure 9-1. Building Frontages
Building Height. See Section 17.30.040 (Height limits and exceptions) of this title.
“Business support service” means an establishment within a building that provides services to other businesses. Examples of these services include:
1. Blueprinting;
2. Computer-related services (rental, repair) (see also “Maintenance service – Client site services”);
3. Copying and quick printing services;
4. Film processing and photofinishing (retail);
5. Mailing and mail box services.
C. Definitions, “C.”
Cabinet Shop. See “Furniture and fixtures manufacturing, cabinet shops.”
“California Environmental Quality Act (CEQA)” means state law (California Public Resources Code Section 21000 et seq.) requiring public agencies to document and consider the environmental effects of a proposed action, prior to allowing the action to occur.
“California Public Utilities Commission (CPUC)” means the governmental agency which regulates the terms and conditions of public utilities in the state.
“Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or be discovered, or developed, that has psychoactive or medical properties, whether growing or not, including but not limited to the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” also means marijuana as defined by California Health and Safety Code Section 11018 and Business and Professions Code Section 26000(f), as both may be amended from time to time. Any reference to “cannabis” or “cannabis products” shall include medical and nonmedical cannabis and medical and nonmedical cannabis products unless otherwise specified. “Cannabis” or “cannabis product” does not mean industrial hemp as defined by Health and Safety Code Section 11018.5, or the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.
“Cannabis accessories” has the same meaning as in Health and Safety Code Section 11018.2.
“Cannabis cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis, including nurseries.
“Cannabis cultivation area” (or “canopy”) means the total aggregate area(s) of cannabis cultivation on a single premises as measured around the outermost perimeter of each separate and discrete area of cannabis cultivation at the dripline of the canopy expected at maturity and includes, but is not limited to, the space between plants within the cultivation area, the exterior dimensions of garden beds, garden plots, hoop houses, green houses, and each room or area where cannabis plants are grown, as determined by the review authority.
“Cannabis cultivation – indoor” means the cultivation of cannabis within a permanent, lockable structure, using exclusively artificial lighting.
“Cannabis cultivation – mixed-light” means the cultivation of cannabis using any combination of natural and supplemental artificial lighting. Greenhouses, hoop houses, hot houses and similar structures, or light deprivation systems are included in this category.
“Cannabis cultivation – outdoor” means the cultivation of cannabis using no artificial lighting conducted in the ground or in containers outdoors with no covering.
“Cannabis cultivation site” means the location, premises, leased area(s), property, location or facility where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or a location where all or any combination of those activities is currently occurring or proposed to occur in the future.
“Cannabis license” means a state license issued pursuant to MAUCRSA.
“Cannabis licensee” means a person issued a state license under MAUCRSA to engage in commercial cannabis uses or activity.
“Cannabis products” means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.
“Cannabis consumption cafe/lounge” means a secure location with on-site use of cannabis or cannabis products associated with a valid cannabis retail or microbusiness permit with associated retail activity, issued by the city.
“Caretaker quarters” means a permanent residence that is secondary or accessory to the primary use of the property, and used for housing a caretaker on the site of a nonresidential use where needed for security purposes or to provide twenty-four-hour care or monitoring of people, plants, animals, equipment, or other conditions on the site.
“Catering service” means a business that prepares food for consumption on the premises of a client.
“Change of use” means the replacement of an existing use on a lot or parcel, or any portion thereof, by a new use, or a change in the nature of an existing use; but does not include a change of ownership, tenancy, or management associated with a use for which the previous nature of the use will remain substantially unchanged.
“Child care center” shall have the same meaning as “child day care facility” in Health and Safety Code Section 1596.750, and as “day care center” in Health and Safety Code Section 1596.76, as both may be amended from time to time: any child care facility, and includes infant centers, preschools, extended day care facilities, and school-age child care centers where nonmedical care is provided to children under eighteen years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty-four-hour basis.
Child Day Care Center. See “Day care.”
“City” means the city of Cotati, state of California, referred to in this land use code as the “city.”
“City council” means the Cotati city council, referred to in this land use code as the “council.”
“Commercial cannabis permit,” “cannabis permit,” or “permit” shall mean a permit issued by the city pursuant to Section 17.42.200 for the operation of a commercial cannabis business within the city.
“Commercial cannabis uses” means any commercial cannabis activity licensed pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”), including but not limited to cultivation, possession, distribution, laboratory testing, labeling, retail, delivery, sale or manufacturing of cannabis or cannabis products. “Commercial cannabis uses” also means any cannabis activity licensed pursuant to additional state laws regulating such businesses. “Commercial cannabis uses” does not include legal medical cannabis or cannabis activities carried out exclusively for one’s personal use that do not involve commercial activity or sales.
“Commercial recreation facility – Indoor” means establishments providing indoor amusement and entertainment services for a fee or admission charge, including:
1. Bowling alleys;
2. Coin-operated amusement arcades;
3. Dance halls, clubs and ballrooms;
4. Electronic game arcades (video games, pinball, etc.);
5. Ice skating and roller skating;
6. Pool and billiard rooms as primary uses.
This use does not include adult-oriented businesses, which are separately defined. Four or more electronic games or coin-operated amusements in any establishment, or a premises where fifty percent or more of the floor area is occupied by amusement devices, are considered an electronic game arcade as described above; three or fewer machines are not considered a land use separate from the primary use of the site.
“Commercial recreation facility – Outdoor” means a facility for various outdoor recreational activities, where a fee is charged for use. Examples include:
1. Amusement and theme parks;
2. Go-cart tracks;
3. Golf driving ranges;
4. Miniature golf courses;
5. Skating parks;
6. Water slides.
May also include commercial facilities customarily associated with the above outdoor commercial recreational uses, including bars and restaurants, video game arcades, etc.
“Common open space” means open space available to all residents of the development which is located outside, or within a fully enclosed building, specifically designed for recreational, leisure, and social uses.
Communications Facility. See “Telecommunications facilities.”
“Community center” means a multipurpose meeting and recreational facility typically consisting of one or more meeting or multipurpose rooms, kitchen and/or outdoor barbecue facilities, that are available for use by various groups for such activities as meetings, parties, receptions, dances, etc.
“Community garden” means a site used for growing plants for food, fiber, herbs, flowers, and other uses for personal use and/or donation, which is shared and maintained by community residents and/or a nonprofit, educational, governmental, or other charitable organization.
“Condominium” as defined by Civil Code Section 1351(f), means a development where undivided interest in common in a portion of real property is coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map or parcel map.
“Conference/convention facility” means one or more structures accommodating multiple assembly, meeting, and/or exhibit rooms, and related support facilities (e.g., kitchens, offices, etc.).
“Construction contractor” means office, and indoor and/or outdoor storage facilities operated by, or on behalf of a contractor licensed by the state of California for storage of large equipment, vehicles, and/or other materials commonly used in the individual contractor’s type of business, storage of scrap materials used for repair and maintenance of contractor’s own equipment, and buildings or structures for uses such as repair facilities.
“Construction, farm, and heavy equipment sales and rental” means retail establishments selling or renting construction, farm, or other heavy equipment. Examples include cranes, earth-moving equipment, tractors, combines, heavy trucks, etc.
“Construction permit” means a permit issued by the city that authorizes construction activities, including building permits, grading permits, etc.
“Convenience store” means a neighborhood-serving retail store of three thousand five hundred square feet or less in gross floor area, which carries a range of merchandise oriented to daily convenience shopping needs. Does not include formula-based fast food restaurant, which is separately defined.
“Conveyance” or “convey” means any transfer, sale, lease, rent, or disposition of or act to transfer, sale, lease, rent, or dispose of any affordable unit and include, but are not limited to, transfer of title or any interest therein by nonjudicial or judicial foreclosure and sale; but does not include transfer by gift, devise, or inheritance to the unit owner’s spouse or issue, taking of title by surviving joint tenant, transfer of title to a spouse as part of divorce or dissolution proceedings, or acquisition of title or interest therein in conjunction with marriage.
Cottage Housing. See Section 17.42.125 (Cottage housing projects).
Council. See “City council.”
“County” means the county of Sonoma, state of California.
“Courtyard” means an open area that is completely or partially enclosed by walls of a building(s).
“Crop production, horticulture, orchard, vineyard” means commercial agricultural production field and orchard uses, including the production of the following, primarily in the soil on the site and not in containers, other than for initial propagation prior to planting in the soil on the site: field crops, flowers and seeds, fruits, grains, melons, ornamental crops, tree nuts, trees and sod, vegetables, and wine and table grapes.
Also includes associated crop preparation services and harvesting activities, such as mechanical soil preparation, irrigation system construction, spraying, crop processing and retail sales in the field such as community supported agriculture (CSA), not including sales sheds, which are instead defined under “Produce stand.” Does not include greenhouses which are instead defined under “Plant nursery,” and “Residential accessory use or structure,” or containerized crop production, which is instead defined under “Plant nursery.” Does not include home gardening, which is allowed as an accessory use in all zoning districts without city approval.
D. Definitions, “D.”
“Day care, adult” means a state-licensed facility that provides nonmedical care and supervision for adult clients for periods of less than twenty-four hours for any client.
“Day care, child” means facilities that provide nonmedical care and supervision of minor children for periods of less than twenty-four hours. These facilities include the following, all of which are required to be licensed by the California State Department of Social Services:
1. “Day care center” means commercial or non-profit child day care facilities designed and approved to accommodate fifteen or more children. Includes infant centers, preschools, sick-child centers, and school-age day care facilities. These may be operated in conjunction with a school or church facility, or as an independent land use.
2. “Family day care home,” as defined by Health and Safety Code Section 1596.78, 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.
3. “Large family day care home,” as defined by Health and Safety Code Section 1596.78, means a day care facility in a single-family dwelling where an occupant of the residence provides family day care for seven to fourteen children, inclusive, including children under the age of ten years who reside in the home.
4. “Small family day care home,” as defined by Health and Safety Code Section 1596.78, means a day care facility in a single-family residence where an occupant of the residence provides family day care for eight or fewer children, including children under the age of ten years who reside in the home.
“Dead-end street” means a length of street where a vehicle may exit to another street only from the same point as it entered the street.
“Deck” means a platform attached to a house to provide outdoor living area that may be roofed, but is without walls on at least two sides, and which includes railings where required by the building code.
“Density” means the number of housing units per gross acre, unless otherwise stated, for residential uses.
“Density bonus,” as defined by state law (Government Code Section 65915 et seq.), means an increase of at least twenty-five percent over the maximum density otherwise allowed by the applicable zoning district, that is granted to the owner/developer of a housing project who agrees to construct a prescribed percentage of dwelling units that are affordable to households of very low and/or low income. When determining the number of dwelling units that shall be affordable, the units authorized by the density bonus shall not be included in the calculation.
“Department” means the city of Cotati planning and building department, referred to in this land use code as the “department.”
Design Review. See Section 17.62.040 (Design review) of this title.
“Development,” on land, in or under water, means the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including subdivision in compliance with the Map Act; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure; and the removal or harvesting of major vegetation other than for agricultural purposes.
“Development agreement” means a contract between the city and an applicant for a development project, in compliance with the municipal code, and Government Code Section 65864 et seq.
“Diameter of a tree” means trunk diameter measured at 4.5 feet above the ground (also known as “diameter at breast height,” or “DBH”).
“Director” means the city of Cotati planning director, or designee of the director.
“Director,” for cannabis uses, means the city manager or his/her designee.
“Discretionary permit” means a city land use review and entitlement process where the review authority exercises discretion in deciding to approve or disapprove the permit. Includes minor use permits, use permits, minor variances, variances, design review approval, master development plans, and subdivision maps.
“Diseased tree” means a tree afflicted by, but not limited to, any of the following: insect infestation, heart rot, exfoliation, slime flux, crown rot, leaf scorch, root fungus, structural defects or weaknesses.
“Distribution facility” means the location or a facility where a person conducts the business of procuring cannabis from licensed cultivators or manufacturers for sale to licensed dispensaries or delivery operations, and the inspection, quality assurance, batch testing by a Type 8 licensee, storage, labeling, packaging and other processes, prior to transport to licensed dispensaries or delivery operations. This facility requires a Type 11 license pursuant to the Medicinal and AdultUse Cannabis Regulation and Safety Act (“MAUCRSA”) or a state cannabis license type subsequently established.
“Distributor” means any commercial cannabis operation that distributes cannabis or cannabis products between licensees, under a valid state license Type 11, or a state cannabis license type subsequently established.
District. See “Zoning district.”
“Drip line” means a line that may be drawn on the ground around a tree directly under its outermost branch tips and which identifies that location where rainwater tends to drip from the trees. When depicted on a map, the drip line will appear as an irregular shaped circle that follows the contour of the tree’s branches as seen from overhead.
“Drive-through retail or service” means an automated teller machine (ATM), bank, or pharmacy dispensary where services may be obtained by motorists without leaving their vehicles. Other types of drive-through businesses are not allowed in the city.
Duplex. See “Multifamily housing.”
“Dwelling,” “dwelling unit,” or “housing unit” means a room or group of internally connected rooms that have sleeping, cooking, eating, and sanitation facilities, but not more than one kitchen, which constitute an independent housekeeping unit, occupied by or intended for one household on a long-term basis.
E. Definitions, “E.”
“Easement” means a grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation or another person or entity.
“Efficiency unit” has the same meaning as defined in Section 17958.1 of the California Health and Safety Code, as amended from time to time.
“Electric vehicle charging station” means any level of electric vehicle supply equipment that is designed and built in compliance with Article 625 of the California Electrical Code, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
“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.
“Employee housing” means housing that accommodates up to six employees, is considered a single-family use and is subject to the same standards and permit requirements as a single-family residence in all zones that allow single-family uses.
“Environmental impact report (EIR)” means an informational document used to assess the physical characteristics of an area and to determine what effects will result if the area is altered by a proposed action, prepared in compliance with the California Environmental Quality Act (CEQA).
“Equestrian facility” means a commercial facility for horses, donkeys, and/or mules, examples of which include horse ranches, boarding stables, riding schools and academies, horse exhibition facilities (for shows or other competitive events), and barns, stables, corrals and paddocks accessory and incidental to these uses. Does not include the simple pasturing of horses, donkeys, and/or mules, which is instead included in “Animal keeping” as regulated by Section 17.42.040 of this title.
“Equipment rental” means a service establishment that may offer a wide variety of household and business equipment, furniture, and materials for rental. Does not include construction equipment rental, which is separately defined.
“Extended hour retail” means a business that is open to the public between the hours of eleven p.m. and six a.m.
F. Definitions, “F.”
“Family” means an individual, or two or more persons related by blood, marriage, or adoption, or a group of unrelated persons who live together in a dwelling unit as an independent housekeeping unit, which may include use of common cooking facilities or shared household responsibilities.
“Farm supply and feed store” means a retail business selling supplies for use in soil preparation and maintenance, the planting and harvesting of crops, the keeping and raising of farm animals, and other operations and processes pertaining to farming and ranching. Includes the sale of small animals such as chicks and/or other animals authorized by use permit approval. Does not include the sale, rental, or repair of farm machinery and equipment, which is instead included in the definition of “Construction, farm, and heavy equipment sales and rental.”
“Farmers market” means the temporary use of a site for the outdoor sales of food and farm produce items, in compliance with California Food and Agriculture Code Section 1392 et seq.
“Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.
“Fence” means a constructed, unroofed barrier of wood, metal, masonry, or other material as allowed by this land use code, that is intended to enclose, separate, define, secure, protect, and/or screen one or more areas of a site. Includes masonry walls.
1. “Open wire fence” means a fence through which fenced areas remain visible because of the wire mesh used for the fence. Includes chain link fencing, deer fencing, etc.
2. “Safety fence” means a fence constructed to prevent access to a hazard or hazardous area.
3. “Razor or concertina wire” means sharp fencing materials that are designed to lacerate animals or unauthorized persons attempting to climb or cross the fence through other than a gate.
“Fire district” means the Rancho Adobe Fire Protection District.
“Floor area” means the sum of the gross area of all floors in a building on a site, measured from the exterior faces of the exterior walls, but excluding:
1. All unenclosed horizontal surfaces, including balconies, courts, decks, porches, terraces;
2. Detached accessory structures not designed for and/or used for habitable space;
3. All garages and floor area that are required to meet minimum parking standards;
4. Exterior wall thickness of greater than six inches, where the additional wall thickness results in greater energy efficiency (e.g., straw bale construction or earthen wall construction), as demonstrated by the applicant and subject to the approval of the director; and
5. Bay windows.
6. The floor area of stairways, elevators, and other vertical accesses, is included in the total floor area only as to the “footprint” (area at the base) of the vertical access, and is not counted at each floor of a building. In order to qualify as an unenclosed horizontal surface, at least one of the longest wall planes of the space shall be kept open with the exception that railings with a surface area that is at least fifty percent open and unobstructed by structural elements and that are necessary for safety or convenience purposes may be allowed within the open wall plane.
“Formula-based fast food restaurant” means a national, regional, or local formula food service establishment that uses a trademark, logo, service mark or other mutually identifying name or symbol that is shared by one hundred fifty or more similar establishments within the United States, and which maintains any standardized array of merchandise, or standard services, decor, color scheme, business methods, architecture, layout, uniform apparel, signage or similar, standardized feature; and is dedicated to food service where food is consumed on or off the site and exhibits three or more of the following characteristics:
1. Food is pre-made and wrapped before customers place orders;
2. Food is served with disposable tableware for on-site food consumption;
3. Food is ordered from a wall menu at a service counter;
4. Food consumed on the premises is ordered while customers are standing;
5. Payment is made by customers before food is consumed; and
6. The service counter is closer to an entry/exit than is the seating/dining area.
For purposes of this definition and for the purposes of Section 17.42.071, the following words and phrases shall have the following meanings:
a. “Standardized array of merchandise” is defined as fifty percent or more of in-stock merchandise from a single distributor bearing uniform markings.
b. “Trademark” is defined as a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs that identifies and distinguishes the source of the goods from one party from those of others.
c. “Service mark” is defined as a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs that identifies and distinguishes the source of a service from one party from those of others.
d. “Decor” is defined as the style of interior finish materials, which may include but is not limited to, style of furniture, wallcoverings or permanent fixtures.
e. “Color scheme” is defined as selection of colors used throughout the business establishment, such as on the furnishings, permanent fixtures, and wallcoverings, or as used on the facade.
f. “Facade” is defined as the face or front of a building, including awnings, looking onto a street or an open space.
g. “Uniform apparel” is defined as standardized items of clothing including but not limited to standardized aprons, pants, shirts, smocks or dresses, hat, and pins (other than name tags) as well as standardized colors of clothing.
h. “Signage” is defined as a sign pursuant to this section.
i. “Logo” is defined as a graphical element, symbol, or icon that, together with its logotype (which is set in a unique typeface or arranged in a particular way) form a trademark or brand.
j. “Standard services” is defined as mutually shared service methods which distinguish the source of a service of one party from those of others.
Frontage Type. See Section 17.24.040 (Building frontage type requirements) of this title.
“Fuel dealer” means a retail trade establishment that sells fuel oil, butane, propane and liquefied petroleum gas (LPG), bottled or in bulk, to consumers. Does not include “service station,” which is separately defined and regulated by this land use code as a separate land use type.
“Furniture and fixtures manufacturing, cabinet shop” means a business that manufactures wood and metal household furniture and appliances; bedsprings and mattresses; all types of office furniture, and partitions, shelving, lockers and store furniture; and miscellaneous drapery hardware, window blinds and shades. Includes furniture re-upholstering businesses, wood and cabinet shops, but not sawmills or planning mills, which are instead included under “Manufacturing – Heavy.”
“Furniture, furnishings and appliance store” means a store that primarily sells the following products and related services, that may also provide incidental repair services:
1. Computers and computer equipment;
2. Draperies;
3. Floor coverings;
4. Furniture;
5. Glass and chinaware;
6. Home appliances;
7. Home furnishings;
8. Home sound systems;
9. Interior decorating materials and services;
10. Large musical instruments;
11. Lawn furniture;
12. Movable spas and hot tubs;
13. Office furniture;
14. Other household electrical and gas appliances;
15. Outdoor furniture;
16. Refrigerators;
17. Stoves;
18. Televisions.
G. Definitions, “G.”
“Garage,” or “carport” means parking space and shelter for automobiles or other vehicles, where the size of the parking space complies with the provisions of Chapter 17.36 (Parking and Loading) of this title.
1. A garage is a completely enclosed attached or detached accessory structure, with an operational door.
2. A carport is an attached or detached accessory structure enclosed on no more than two sides.
“Garden stand” means a temporary business established and operated for a specific time, selling raw, unprocessed fruits, vegetables, nuts, eggs, and other produce in its raw or natural state, and/or prepared food items made from produce grown on site or on an adjacent site and produced and sold according to cottage food operation registration and permit requirements of the county of Sonoma department of health services and any requirements of the state of California, and that is accessory to an on-site market garden use.
“General plan” means the city of Cotati general plan, including all its elements and all amendments thereto, as adopted by the city council in compliance with Government Code Section 65300 et seq., and referred to in this land use code as the “general plan.”
“General retail” means stores and shops selling many lines of merchandise. Examples of these stores and lines of merchandise include:
1. Art galleries, retail;
2. Art supplies, including framing services;
3. Bicycles;
4. Books, magazines, and newspapers;
5. Cameras and photographic supplies;
6. Clothing, shoes, and accessories;
7. Department stores;
8. Drug stores and pharmacies;
9. Dry goods;
10. Fabrics and sewing supplies;
11. Florists and houseplant stores (indoor sales only – outdoor sales are “Building and landscape materials sales”);
12. Hobby materials;
13. Jewelry;
14. Luggage and leather goods;
15. Musical instruments (small), parts and accessories (large instruments are under “Furniture, furnishings, and appliance store”);
16. Orthopedic supplies;
17. Small wares;
18. Specialty shops;
19. Sporting goods and equipment;
20. Stationery;
21. Toys and games;
22. Variety stores;
23. Videos, DVDs, records, CDs, including rental stores.
Does not include adult-oriented businesses, antique or collectible stores, furniture and appliance stores, secondhand stores or formula-based fast food restaurant, all of which are separately defined.
“Grade” means the ground surface immediately adjacent to the exterior base of a structure, typically used as the basis for measuring the height of the structure.
“Grocery, specialty foods” means a retail business where the majority of the floor area that is open to the public is occupied by food products packaged for preparation and consumption away from the store. Includes retail bakeries, where any on-site baking is only for on-site sales. (See also “Catering service.”) Does not include formula-based fast food restaurant, which is separately defined.
Gross Lot Area. See “Lot area.”
“Guesthouse” means a detached structure accessory to a single-family dwelling, accommodating living/sleeping quarters, but without kitchen or cooking facilities.
H. Definitions, “H.”
“Habitable space” means space within a dwelling unit for living, sleeping, eating, cooking, bathing.
“Health/fitness facility” means a fitness center, gymnasium, health and athletic club, which may include any of the following: sauna, spa or hot tub facilities; indoor tennis, handball, racquetball, archery and shooting ranges and other indoor sports activities. Does not include adult entertainment businesses.
Height. See Section 17.30.040 (Height limits and exceptions) of this title.
Hillside Development Permit. See Section 17.53.070 (Hillside development permit) of this title.
“Home occupation” means the conduct of a business within a dwelling unit or residential site, employing only the occupants of the dwelling, with the business activity being subordinate to the residential use of the property.
Hotel or Motel. See “Lodging.”
“Household pets” means the keeping/raising of birds, cats, dogs, or other common household pets, as determined by the director, incidental to a residential use.
I. Definitions, “I.”
“Industrial research and development (R&D)” means a facility for scientific research, and the design, development and testing of electrical, electronic, magnetic, optical and computer and telecommunications components in advance of product manufacturing, and the assembly of related products from parts produced off-site, where the manufacturing activity is secondary to the research and development activities, and where no more than thirty percent of the total floor area is office. Includes pharmaceutical, chemical and biotechnology research and development. Does not include soils and other materials testing laboratories (see “Laboratory”), or medical laboratories (see “Medical service – Clinic, laboratory, urgent care”).
“Intensification of use” means a change in the use of a structure or site that generates more traffic or other level of activity on the site, for example: where the new use is required by this land use code to have more off-street parking spaces than the former use; or a change in the operating characteristics of a use (for example, hours of operation).
Interior Property Line. See “Lot features.”
“Internal driveway” means a private driveway, accessway, driving aisle, street, lane, or alley within a single development that provides motor vehicular access to that development’s structures, parking area(s), and/or other features or amenities.
J. Definitions, “J.”
“Junior accessory dwelling unit” has the same meaning as defined in California Government Code Section 65852.22, as amended from time to time.
K. Definitions, “K.”
“Kennel, animal boarding” means a commercial facility for the grooming, keeping, boarding or maintaining of five or more dogs (four months of age or older), or five or more cats except for dogs or cats for sale in pet shops, or in animal hospitals. See also “Veterinary clinic, animal hospital.”
Key Lot. See “Lot, or parcel – Key lot.”
“Kitchen” means a room or space within a building used or intended to be used for the cooking or preparation of food, which includes any of the following: stove, oven, range top, dishwasher, kitchen sink.
L. Definitions, “L.”
“Laboratory – Medical, analytical, research and development” means a facility for testing, analysis, and/or research. Examples of this use include medical labs, soils and materials testing labs, and forensic labs.
“Land use” means the purpose for which land or a structure is designed, arranged, intended, occupied, or maintained.
“Land use code” means the city of Cotati land use code, Title 17 of the Cotati Municipal Code, referred to herein as “this land use code.”
“Landing” means the level portion of a stairway.
Landscape and Tree Preservation. The following terms are defined for the purposes of Chapters 17.34, Water Efficient Landscaping Standards, and 17.54, Tree Preservation and Protection:
1. “Backflow prevention device” means an approved device installed to city standards which will prevent backflow or back-siphonage into the city potable water system.
2. “Booster pumps” are used where the normal water system pressure is low and needs to be increased.
3. “Check valve” means a valve located under a sprinkler head or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off.
4. “Compost” means the decayed remains of organic matter that has rotted into a natural fertilizer.
5. “Drought-tolerant resistant cool season turf” means cool season grasses that can tolerate drought stress. These grasses usually require high water use irrigation scheduling to stay green and vital, but will survive under limited water (e.g., turf-type tall fescues, Medallion, and Rebel).
6. “Ecological restoration project” means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.
7. “Effective precipitation (Eppt)” means the portion of total precipitation which becomes available for plant growth and that is used by the plants.
8. “Emitter” means a drip irrigation fitting emission device that delivers water slowly from the system to the soil.
9. “Established landscape” means the point at which plants in the landscape have developed significant root growth into the soil. Typically, most plants are established after one or two years of growth.
10. “Establishment period of plants” means the first year after installing the plant in the landscape or the first two years if irrigation will be terminated after establishment.
11. “ET adjustment factor” means a factor that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape.
12. “Evapotranspiration rate” means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specific specified time.
13. “Flow rate” means the rate at which water flows through pipes, and valves and emission devices, measured in gallons per minute, gallons per hour, or cubic feet per second.
14. “Functional need (for turf)” means turf planting which serves a functional or practical need rather than purely aesthetic purpose. Examples include: athletic fields and pedestrian circulation areas.
15. “Hardscapes” means any durable material (pervious and non-pervious).
16. “Head to head coverage” means full coverage from one sprinkler head to the next.
17. “High-flow sensor” means a device for sensing the rate of fluid flow.
18. “High water use plantings” means turf, annuals, container plantings, and other plants recognized as high water use (e.g., Rhododendrons or Birch) or plants documented as having a plant factor equal to or greater than 0.6 per the Water Use Classification of Landscape Species document (http://www.water.ca.gov/wateruseefficiency/docs/wucols00.pdf), as it currently exists or may be amended in the future.
19. “Hydrozone” means a landscape area having plants with similar water needs. Typically, a hydrozone is served by a valve or set of valves with the same type of irrigation hardware and schedule.
20. “Infiltration” means the process of water entering the soil. When the soil is in good condition or has good soil health, it has stable structure and continuous pores to the surface. This allows water from rainfall to enter unimpeded throughout the rainfall event. A low rate of infiltration is often produced by surface seals resulting from weakened structure and clogged or discontinuous pores.
21. “Infiltration rate” means the rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour).
22. “Invasive plant species” means species of plants not historically found in California and/or that spread outside cultivated areas and can damage environmental or economic resources as determined by the California Invasive Plant Council (www.cal-ipc.org).
23. “Irrigation circuit” means a section of an irrigation system, including the piping and sprinkler heads or emitters, which is operated by a single remote control valve.
24. “Irrigation efficiency (IE)” means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum average irrigation efficiency for purposes of this section is 0.71.
25. “Irrigation meter” means a separate meter that measures the amount of water used for items such as lawns, washing exterior surfaces, washing vehicles, filling pools, etc.
26. “Isolation valve” means a valve used to isolate a portion of the piping system.
27. “Landscaped area” means the entire parcel less the building footprint, driveway, hardscapes (e.g., decks, patios, sidewalks, gravel or stone walks and other pervious or non-pervious areas), non-irrigated portions of parking lots and non-irrigated areas designated for non-development (e.g., open spaces and existing native vegetation). Water features, such as pools and fountains, utilizing potable water are included in the calculation of the landscaped area.
28. “Lateral line” means non-pressurized pipe that is located downstream of an irrigation valve (Class 200 or equivalent is not acceptable).
29. “Low-head drainage” means water that flows out of the system after the valve turns off due to elevation changes within the system.
30. “Low water use plants” means “Mediterranean region” and native trees, shrubs and groundcover (such as rosemary), juniper, most native oaks, and other plants which are recognized as drought resistant or low water use when established, or plants documented as having a plant factor less than or equal to 0.6 per the Water Use Classification of Landscape Species document (http://www.water.ca.gov/wateruseefficiency/docs/wucols00.pdf), as it currently exists or may be amended in the future.
31. “Main line” means the pressurized pipeline that delivers water from the water source to the valve or outlet (Class 200 or equivalent is not acceptable).
32. “Maximum applied water allowance (MAWA)” means, for design purposes, the upper limit of annual applied water for the established landscape.
33. “Microclimate” means a section of a landscaped site with unique climatic conditions that affect the amount of water plants within the area use (e.g., courtyards, tree understory areas, and median islands).
34. “Mined-land reclamation projects” means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975.
35. “Moderate water use plants” means ornamental trees, shrubs, ground covers, perennials and other plants recognized as moderate water use per the Water Use Classification of Landscape Species document (http://www.water.ca.gov/wateruseefficiency/docs/wucols00.pdf), as it currently exists or may be amended in the future.
36. “Mulch” or “porous mulch” means any organic material such as leaves, bark, straw, compost or other inorganic mineral materials such as rocks, gravel, and decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature and preventing soil erosion.
37. “Nonmechanically compacted soil” means soil which has not undergone engineered compaction procedures.
38. “Operating pressure” means the pressure when water is flowing through the irrigation system.
39. “Organic amendment” means any fully organic material added to the soil to improve soil structure, and other physical properties of the soil (e.g., compost, composted sawdust, peat moss, and redwood soil conditioner).
40. “Overhead irrigation” means those systems that deliver water through the air (e.g., pop-ups, impulse sprinklers, spray heads, rotors, micro-sprays, etc.).
41. “Overspray” means water which is discharged from an overhead irrigation system outside the desired planting area, especially water which wets adjacent hard surfaces (e.g., patios, sidewalks, and streets).
42. “Pervious” means any surface or material that allows the passage of water through the material and into the underlying soil.
43. “Plant communities” means a group of interacting plants.
44. “Plant factor” means a factor that, when multiplied by reference evapotranspiration, ETo, estimates the amount of water used by needed plants. Plant factors cited in this section are derived from the Department of Water Resources 2000 publication “Water Use Classification of Landscape Species,” as it currently exists or may be amended in the future.
45. “Plant succession” means the replacement of one plant community by another often progressing to a stable community called the climax.
46. “Point of connection” means the point at which an irrigation system taps into the main water supply line.
47. “Point source irrigation” means any non-spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.
48. “Precipitation rate” means the rate of application of water measured in inches per hour.
49. “Pressure regulation” means a valve that automatically reduces the pressure in a pipe.
50. “Project applicant” means the individual or entity submitting a landscape documentation package, to request a permit, plan check or design review from the city. A project applicant may be the property owner or his or her designee.
51. “Rain sensor” or “rain shut-off device” means a system component which automatically shuts off and suspends the irrigation system when it rains.
52. “Recreational area” means an area dedicated to active play or recreation such as sports fields, school yards, picnic grounds, or other areas with intense foot traffic, parks, sports fields and golf courses where turf provides a playing surface.
53. “Recycled water” means tertiary treated water which results from the treatment of wastewater, is suitable for direct beneficial use, and conforms to the definition of disinfected tertiary recycled water in accordance with state law.
54. “Reference evapotranspiration (ETo)” means a standard measurement of environmental parameters which affect the water use of plants and is an estimate of the evapotranspiration of a large field of four- to seven-inch tall, cool-season grass that is well watered.
55. “Runoff” means water which is not absorbed by the soil to which it is applied and runs off onto other areas. Runoff usually occurs when water is applied at a rate greater than the infiltration rate of the soil, and is especially problematic on slopes and on heavy clay soils.
56. “Soil quality” means the ability of soils to (a) effectively cycle nutrients, (b) minimize runoff and erosion and maximize water-holding capacity, (c) absorb and filter excess nutrients, sediments, and pollutants, (d) provide a healthy rooting environment and create habitat for diverse plants, animals, and microbes living in and above the soil.
57. “Soils laboratory report” means the analysis of a soil sample to determine nutrient content, composition and other characteristics, including contaminants.
58. “Special landscape area (SLA)” means an area of the landscape dedicated solely to edible plants, areas irrigated with recycled water, water features using recycled water and areas dedicated to active play such as parks, sports fields, and golf courses, where turf provides a playing surface.
59. “Sprinkler head” means a device that delivers water to the landscape through a spray nozzle.
60. “Static water pressure” means the pipeline or municipal water supply pressure when water is not flowing.
61. “Station” means an area served by one valve or by a set of valves that operate simultaneously.
62. “Submeter” means a separate meter that is located on the private side of the water system and is plumbed to measure all water that flows only through the irrigation system. This meter is to be used by the owner to monitor irrigation water use and will not be read by the city.
63. “Swing joint” means an irrigation component that provides a flexible, leak-free connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage.
64. “Valve” means a device used to control the flow of water in the irrigation system.
65. “Valve manifold” means a one-piece manifold for use in a sprinkler valve assembly that includes an intake pipe having a water inlet and a plurality of ports adapted for fluid connection to inlets.
66. “Water feature” means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscape area.
67. “Water-saving techniques (to mitigate runoff from slopes)” means landscape design techniques which either allow irrigation to be applied at a rate close to the infiltration rate of the soil or which capture and recycle runoff.
68. “Weather based or sensor based irrigation control technology” means a device that uses local weather and landscape conditions to tailor irrigation schedules to actual conditions on the site or historical weather data.
69. “WUCOLS” means the Water Use Classification of Landscape Species published by the University of California Cooperative Extension, the Department of Water Resources and the Bureau of Reclamation, 2000, as it currently exists or may be amended in the future.
Large Family Day Care Home. See “Day care.”
“Laundry, dry cleaning plant” means a service establishment engaged primarily in high volume laundry and garment services, including: carpet and upholstery cleaners; diaper services; dry cleaning and garment pressing; commercial laundries; linen supply. These facilities may include accessory customer pick-up facilities. These facilities do not include coin-operated laundries or laundry/dry cleaning pick-up stores without cleaning/processing equipment, which are instead under “Personal services.”
“Library, museum” means public or quasi-public facilities, examples of which include: aquariums, arboretums, art galleries and exhibitions, botanical gardens, historic sites and exhibits, libraries, museums, planetariums, and zoos. May also include accessory retail uses such as a gift/book shop, restaurant, etc.
Limited Term Permit. See Section 17.62.030 (Limited term permit).
“Live/work unit” means an integrated housing unit and working space, occupied and utilized by a single household in a structure, either single-family or multifamily, that has been designed or structurally modified to accommodate joint residential occupancy and work activity, and which includes:
1. Complete kitchen space and sanitary facilities in compliance with the building code; and
2. Working space reserved for and regularly used by one or more occupants of the unit.
“Living area” means the interior habitable area of a dwelling unit, including finished basements and attics, but does not include garages or any accessory structure.
Lodging.
1. “Bed and breakfast inn (B&B)” means a residential structure with one or more bedrooms rented for overnight lodging, where the owner or a manager resides on site and where meals may be provided subject to applicable environmental health department regulations. Does not include room rental, shared or communal housing.
2. “Hotel or motel” means a facility with guest rooms or suites, with or without kitchen facilities, rented to the general public for transient lodging. Hotels typically include a variety of services in addition to lodging; for example, restaurants, meeting facilities, personal services, etc. Also includes accessory guest facilities such as swimming pools, tennis courts, indoor athletic facilities, accessory retail uses, etc.
3. “Boutique hotel or motel” means a facility providing a maximum of fifty guest rooms or suites (with or without kitchen facilities), rented to the general public for transient, short-term lodging. Boutique hotels may include a variety of services in addition to lodging; for example, restaurants, meeting facilities, personal services, etc. Also includes accessory guest facilities such as swimming pools, tennis courts, indoor athletic facilities, accessory retail uses, etc.
“Lot,” or “parcel” means a recorded lot or parcel of real property under single ownership, lawfully created as required by applicable Subdivision Map Act and city ordinance requirements, including this land use code. Types of lots include the following (see Figure 9-2, Lot Types):
1. “Corner lot” means a lot located at the intersection of two or more streets, where they intersect at an interior angle of not more than one hundred seventy-five degrees. If the intersection angle is more than one hundred seventy-five degrees, the lot is considered an interior lot.
2. “Double-frontage lot” means a lot with frontage on two generally parallel streets (see Section 17.78.030(F)(5)(b) of this title regarding the limited circumstances where double-frontage lots are allowed).
3. “Flag lot” means a lot having access from the building site to a public street by means of private right-of-way strip that is owned in fee.
4. “Interior lot” means a lot abutting only one street.
5. “Key lot” means an interior lot, the front of which adjoins the side property line of a corner lot.
6. “Reverse corner lot” means a corner lot with its longest definition oriented perpendicular to the other lots on the longest block face, the rear of which abuts a key lot.
Figure 9-2. Lot Types
Lot Area. See Figure 9-3 (Lot Features).
1. Gross Area. Gross lot area is the total area included within the lot lines of a lot, exclusive of adjacent dedicated street rights-of-way.
2. Net Area. Net lot area is the gross lot area, not including of easements that are not for the exclusive use of the lot on which the easement is located.
Lot Coverage. See “Site coverage.”
“Lot depth” means the average linear distance between the front and the rear lot lines or the intersection of the two side lot lines if there is no rear line. See Figure 9-3 (Lot Features). The director shall determine lot depth for parcels of irregular configuration.
“Lot frontage” means the boundary of a lot adjacent to a public street right-of-way. See Figure 9-3.
Figure 9-3. Lot Features
“Lot line” or “property line” means any recorded boundary of a lot. Types of lot lines are as follows (see Figure 9-3, Lot Features):
1. “Front lot line,” on an interior lot, means the property line separating the parcel from the street.
a. The front lot line on a corner lot is the line with the shortest frontage. If the street-fronting lot lines of a corner lot are equal in length, the front lot line shall be determined by the director.
b. On a double-frontage lot, both lot lines are front lot lines and the lot is considered to have no rear lot line (see Section 17.78.030(F)(5)(b) regarding the limited circumstances where double-frontage lots are allowed).
2. “Interior lot line” means any lot line not abutting a street.
3. “Rear lot line” means a property line that does not intersect the front lot line, which is most distant from and most closely parallel to the front lot line.
4. “Side lot line” means any lot line that is not a front or rear lot line.
“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. See Figure 9-3 (Lot Features). The director shall determine lot width for parcels of irregular shape.
“Low-barrier navigation center” means a housing-first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
1. The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
2. Pets.
3. The storage of possessions.
4. Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
M. Definitions, “M.”
Maintenance. See “Repair and maintenance.”
“Maintenance service – Client site services” mean base facilities for various businesses that provide services on the premises of their clients. Includes gardening, janitorial, pest control, water and smoke damage recovery, and similar services; and appliance, computer, electronics, elevator, equipment, HVAC, instrument, plumbing, security systems, and other maintenance and repair services not operating from a retail establishment that sells the products being maintained or repaired. When these services operate from a retail establishment that sells the products being maintained or repaired, they are instead considered part of the retail use.
“Manufacture” means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.
“Manufactured cannabis” means raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, an edible product, or a topical product.
“Manufacturer” means a person that produces, prepares, propagates, or compounds manufactured cannabis or cannabis products, either directly or indirectly or by extraction methods, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis, at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container, that holds a valid state Type 6 or 7 license, or a state cannabis license type subsequently established, and that holds a valid local license or permit.
“Manufacturing” means a facility that produces, prepares, propagates, or compounds manufactured cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and is operated by a licensee for these activities.
“Manufacturing/processing – Heavy” means a facility accommodating manufacturing processes that involve and/or produce basic metals, building materials, chemicals, fabricated metals, paper products, machinery, textiles, and/or transportation equipment, where the intensity and/or scale of operations may cause significant impacts on surrounding land uses or the community. Heavy manufacturing uses are not allowed within the city of Cotati except where limited varieties are included under the definition of “Manufacturing – Medium intensity.” Examples of heavy manufacturing uses include the following:
1. “Chemical product manufacturing” means an establishment that produces or uses basic chemicals, and other establishments creating products predominantly by chemical processes. Examples of these products include: basic chemicals, including acids, alkalies, salts, and organic chemicals; chemical products to be used in further manufacture, including synthetic fibers, plastic materials, dry colors, and pigments; and finished chemical products to be used for ultimate consumption, including drugs/pharmaceuticals, cosmetics, and soaps; or to be used as materials or supplies in other industries including paints, fertilizers, and explosives. Also includes sales and transportation establishments handling the chemicals described above, except as part of retail trade.
2. “Concrete, gypsum, and plaster product manufacturing” means an establishment that produces bulk concrete, concrete building block, brick, and/or other types of precast and prefabricated concrete products. Also includes ready-mix concrete batch plants, lime manufacturing, and the manufacture of gypsum products, including plasterboard.
3. “Glass product manufacturing” means an establishment that manufactures glass and/or glass products by melting silica sand or cullet, including the production of flat glass and other glass products that are pressed, blown, or shaped from glass produced in the same establishment. Artisan and craftsman type operations of a larger scale than home occupations are instead included under (“Manufacturing – Light – Handcraft industries and small-scale manufacturing”).
4. “Paving and roofing materials manufacturing” means the manufacture of various common paving and petroleum-based roofing materials, including bulk asphalt, paving blocks made of asphalt, creosote wood, and various compositions of asphalt and tar. Does not include the manufacture of wood roofing materials (shingles, shakes, etc.) (“Lumber and wood product manufacturing”).
5. “Petroleum refining and related industries” mean industrial plants for purifying petroleum, and the compounding of lubricating oils and greases from purchased materials. Also includes oil or gas processing facilities, liquefied natural gas (LNG) facilities, the manufacture of petroleum coke and fuel briquettes, tank farms, and terminal facilities for pipelines. Does not include petroleum pipeline surge tanks and pump stations (“Public utility facilities”), or petroleum product distributors (“Petroleum product storage and distribution”).
6. “Plastics, other synthetics, and rubber product manufacturing” means the manufacture of rubber products including: tires, rubber footwear, mechanical rubber goods, heels and soles, flooring, and other rubber products from natural, synthetic, or reclaimed rubber. Also includes establishments engaged primarily in manufacturing tires; products from recycled or reclaimed plastics or styrofoam; molding primary plastics for other manufacturers, manufacturing miscellaneous finished plastics products, fiberglass manufacturing, and fiberglass application services. Does not include establishments engaged primarily in recapping and retreading automobile tires (“Vehicle services – Major repair/body work”).
7. “Primary metal industries” means an establishment engaged in: the smelting and refining of ferrous and nonferrous metals from ore, pig, or scrap; the rolling, drawing, and alloying of metals; the manufacture of castings, forgings, stampings, extrusions, and other basic metal products; and the manufacturing of nails, spikes, and insulated wire and cable. Also includes merchant blast furnaces and by-product or beehive coke ovens.
8. “Pulp and pulp product manufacturing” means an establishment that manufactures pulp, paper, or paperboard. Includes pulp, paper, and paperboard mills. Does not include establishments primarily engaged in converting paper or paperboard without manufacturing the paper or paperboard, including envelope manufacturing, converted paper products, paper coating and glazing, paper bags, assembly of paperboard boxes, wallpaper (“Manufacturing – Light” – Paper product manufacturing).
9. “Textile and leather product manufacturing” means an establishment that converts basic fibers (natural or synthetic) into a product, including yarn or fabric, that can be further manufactured into usable items (“Manufacturing – Light – Clothing and fabric product manufacturing”), and industries that transform hides into leather by tanning or curing. Includes:
a. Coating, waterproofing, or otherwise treating fabric;
b. Dressed and dyed furs;
c. Dying and finishing fiber, yarn, fabric, and knit apparel;
d. Leather-tanned, curried, and finished;
e. Manufacture of knit apparel and other finished products from yarn;
f. Manufacture of felt goods, lace goods, nonwoven fabrics and miscellaneous textiles;
g. Manufacturing of woven fabric, carpets, and rugs from yarn;
h. Preparation of fiber and subsequent manufacturing of yarn, threads, braids, twine cordage;
i. Scouring and combing plants;
j. Upholstery manufacturing;
k. Yarn and thread mills.
“Manufacturing/processing – Medium intensity” means a facility accommodating manufacturing processes that involve and/or produce building materials, fabricated metal products, machinery, and/or transportation equipment, where the intensity and/or scale of operations is greater than those classified under “Manufacturing – Light” and “artisan/craft product manufacturing,” but where impacts on surrounding land uses or the community can typically be mitigated to acceptable levels. Examples of medium intensity manufacturing uses include the following:
1. “Food and beverage product manufacturing” means industrial scale manufacturing establishments producing or processing foods and beverages for human consumption, and certain related products. Examples of these uses include:
a. Bottling plants;
b. Candy, sugar and confectionery products manufacturing;
c. Catering services separate from stores or restaurants;
d. Coffee roasting;
e. Dairy products manufacturing;
f. Fats and oil product manufacturing (not animal rendering);
g. Fruit and vegetable canning, preserving, related processing;
h. Grain mill products and by-products;
i. Meat, poultry, and seafood canning, curing, by-product processing;
j. Soft drink production;
k. Miscellaneous food item preparation from raw products.
Does not include: “Bar/tavern,” “Brewery,” “Winery” and/or “Night club,” which are separately defined.
2. “Lumber and wood product manufacturing” means manufacturing, processing, and sales involving the milling of forest products to produce rough and finished lumber and other wood materials for use in other manufacturing, craft, or construction processes. Includes the following processes and products:
a. Containers, pallets and skids;
b. Manufactured and modular homes;
c. Matches (wood);
d. Milling operations;
e. Trusses and structural beams;
f. Turning and shaping of wood products;
g. Wholesaling of basic wood products;
h. Wood product assembly.
Does not include craft-type shops (“Handcraft industries and small-scale manufacturing” which are classified as “artisan/craft product manufacturing”); other wood and cabinet shops (“Furniture and fixture manufacturing, cabinet shops”); or the entirely indoor retail sale of building materials, construction tools and equipment (“Building and landscape materials sales”).
3. “Machinery manufacturing” means an establishment that makes or processes raw materials into finished machines or parts for machines. Does not include the manufacture of electronics, equipment, or appliances (“Electronics, equipment, and appliance manufacturing”).
4. “Metal products fabrication, machine and welding shops” means an establishment engaged in the production and/or assembly of metal parts, including the production of metal cabinets and enclosures, cans and shipping containers, doors and gates, duct work, forgings and stampings, hardware and tools, plumbing fixtures and products, tanks, towers, and similar products. Examples of these uses include:
a. Industrial scale blacksmith and welding shops;
b. Plating, stripping, and coating shops;
c. Sheet metal shops;
d. Machine shops and boiler shops.
5. “Motor vehicles and transportation equipment” means manufacturers of equipment for transporting passengers and cargo by land, air and water, including motor vehicles, aircraft, spacecraft, ships, boats, railroad and other vehicles such as motorcycles, bicycles and snowmobiles. Includes manufacture of motor vehicle parts and accessories; trailers and campers for attachment to other vehicles; self-contained motor homes; and van conversions. Does not include mobilehome and modular home assembly (listed under “Lumber and wood products”).
6. “Stone and cut stone product manufacturing” means an establishment that cuts, shapes, and/or finishes marble, granite, slate, and/or other stone for construction and miscellaneous uses. Does not include establishments engaged primarily in buying or selling partly finished monuments and tombstones (“Handcraft industries, small-scale manufacturing”).
7. “Structural clay and pottery product manufacturing” means an establishment that produces brick and structural clay products, including pipe, china plumbing fixtures, vitreous china articles, and/or fine earthenware and porcelain products. Does not include artist/craftsman uses (see “Handcraft industries, artisan/craft product manufacturing and small-scale manufacturing,” “Home occupations”).
“Manufacturing/processing – Light” means a facility accommodating manufacturing processes involving and/or producing: apparel; food and beverage products; electronic, optical, and instrumentation products; ice; jewelry; and musical instruments. Light manufacturing also includes other establishments engaged in the assembly, fabrication, and conversion of already processed raw materials into products, where the operational characteristics of the manufacturing processes and the materials used are unlikely to cause significant impacts on surrounding land uses or the community. Examples of light manufacturing uses include the following:
1. “Clothing and fabric product manufacturing” means an establishment that assembles clothing, draperies, and/or other products by cutting and sewing purchased textile fabrics, and related materials including leather, rubberized fabrics, plastics and furs. Does not include custom tailors and dressmakers not operating as a factory and not located on the site of a clothing store (see “Personal services”). See also “Manufacturing – Heavy – Textile and leather product manufacturing.”
2. “Electronics, equipment, and appliance manufacturing” means an establishment that manufactures equipment, apparatus, and/or supplies for the generation, storage, transmission, transformation and use of electrical energy, including:
a. Appliances including stoves/ovens, refrigerators, freezers, laundry equipment, fans, vacuum cleaners, sewing machines;
b. Aviation instruments;
c. Computers, computer components, peripherals;
d. Electronic components and accessories, semiconductors, integrated circuits, related devices;
e. Electrical welding apparatus;
f. Lighting and wiring equipment such as lamps and fixtures, wiring devices, vehicle lighting;
g. Instruments for measurement, testing, analysis and control, associated sensors and accessories;
h. Miscellaneous electrical machinery, equipment and supplies such as x-ray apparatus and tubes, electromedical and electrotherapeutic apparatus, electrical equipment for internal combustion engines;
i. Motors and generators;
j. Optical instruments and lenses;
k. Photographic equipment;
l. Radio and television receiving equipment;
m. Surgical, medical and dental instruments, equipment, and supplies;
n. Storage media, blank and pre-recorded, including magnetic, magneto-optical, and optical products such as compact discs (CDs), computer diskettes and hard drives, digital versatile discs (DVDs), magnetic tape products, phonograph records, etc.;
o. Surveying and drafting instruments;
p. Switch gear and switchboards;
q. Telephone and telegraph apparatus;
r. Watches and clocks.
Does not include testing laboratories (soils, materials testing, etc.) (see “Business support services”), or research and development facilities separate from manufacturing (see “Research and development”).
3. “Handcraft industries, small-scale manufacturing” mean establishments manufacturing and/or assembling small products primarily by hand, including jewelry, pottery and other ceramics, as well as small glass and metal art and craft products, and taxidermists. Also includes manufacturing establishments producing small products not classified in another major manufacturing group, including: brooms and brushes; buttons, costume novelties; jewelry; musical instruments; pens, pencils, and other office and artists’ materials; sporting and athletic goods; toys; etc.
4. “Paper product manufacturing” means an establishment that converts premanufactured paper or paperboard into boxes, envelopes, paper bags, wallpaper, etc., and/or that coats or glazes premanufactured paper. Does not include the manufacturing of pulp, paper, or paper board (see “Manufacturing – Heavy – Pulp and pulp product manufacturing”).
5. “Photo/film processing lab” means a facility that provides high volume and/or custom processing services for photographic negative film, transparencies, and/or prints, where the processed products are delivered to off-site retail outlets for customer pick-up. Does not include small-scale photo processing machines accessory to other retail businesses.
Map Act. See “Subdivision Map Act.”
“Market garden” means small-scale agricultural production for sale or donation, as an accessory use on a residential property with at least one dwelling unit.
Master Plan. See Section 17.28.020 (Coordinated planning (CP) overlay zone) of this title.
“Media production” means facilities for motion picture, television, video, sound, computer, and other communications media production.
“Median income” means the annual, area median income applicable to the county, adjusted for family size in compliance with adjustment factors adopted by the United States Department of Housing and Urban Development (HUD). In the event that HUD no longer establishes median income levels at the time of conveyance of a unit, the city will determine by resolution, by any other recognized method of computing median income, the median income for purposes of this chapter. The determination by the city shall be final and nonappealable.
“Medical cannabis” or “medicinal cannabis” means cannabis that is intended to be used for medical cannabis purposes in accordance with the Compassionate Use Act (“CUA,” Health and Safety Code Section 11362.7 et seq.), the Medical Marijuana Program Act (“MMPA,” Health and Safety Code Section 11362.7 et seq.), the Medical Cannabis Regulation and Safety Act (“MCRSA,” Business and Professions Code Section 19300 et seq.) and the Medicinal and AdultUse Cannabis Regulation and Safety Act (“MAUCRSA”).
“Medical services – Clinic, urgent care” means a facility other than a hospital where medical, mental health, surgical and other personal health services are provided on an outpatient basis. Examples of these uses include:
1. Medical offices with five or more licensed practitioners and/or medical specialties;
2. Outpatient care facilities;
3. Urgent care facilities;
4. Other allied health services.
These facilities may also include incidental medical laboratories. Counseling services by other than medical doctors or psychiatrists are included under “Offices – Professional/administrative.”
“Medical services – Doctor office” means a facility other than a hospital where medical, dental, mental health, surgical, and/or other personal health care services are provided on an outpatient basis, and that accommodates no more than four licensed primary practitioners (for example, chiropractors, medical doctors, psychiatrists, etc., other than nursing staff) within an individual office suite. A facility with five or more licensed practitioners is instead classified under “Medical services – Clinic, urgent care.” Counseling services by other than medical doctors or psychiatrists are included under “Offices – Professional/administrative.”
“Medical services – Extended care” means residential facilities providing nursing and health-related care as a primary use with inpatient beds. Examples of these uses include: board and care homes; convalescent and rest homes; extended care facilities; and skilled nursing facilities. Long-term personal care facilities that do not emphasize medical treatment are included under “Residential care.”
“Medical services – Hospital” means hospitals and similar facilities engaged primarily in providing diagnostic services, and extensive medical treatment, including surgical and other hospital services. These establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care. May include on-site accessory clinics and laboratories, accessory retail uses (see the separate definition of “Accessory retail uses”), and on-site ambulance dispatch facilities.
“Meeting facility, public or private” means a facility for public or private meetings, including community centers, religious assembly facilities (e.g., churches, mosques, synagogues, etc.), civic and private auditoriums, Grange halls, union halls, meeting halls for clubs and other membership organizations, etc. Also includes functionally related internal facilities such as kitchens, multipurpose rooms, and storage. Does not include conference and meeting rooms accessory and incidental to another primary use that are typically used only by on-site employees and clients, and occupy less floor area on the site than the offices they support (see “Offices”). Does not include: sports or other commercial entertainment facilities (see “Theater,” and “Sports and entertainment assembly”); or convention centers (see “Conference/convention facility”). Related on-site facilities such as day care centers and schools are separately defined, and separately regulated by Section 17.22.020.
“Microbusiness” means a commercial cannabis facility operating under a state Type 12 license, or a state cannabis license type subsequently established, and meeting the definition of microbusiness found in Business and Professions Code Section 26070(a)(3)(A), as may be amended from time to time, which cultivates less than ten thousand square feet of cannabis and acts as a licensed distributor, Level 1 manufacturer, and retailer.
Minor Use Permit. See Section 17.62.050 (Use permit and minor use permit) of this title.
Minor Variance. See Section 17.62.060 (Variance and minor variance) of this title.
“Mixed use project” means a project that combines both commercial and residential uses on the same site. See Section 17.42.100 (Mixed use projects) of this title.
“Mobilehome” means a trailer, transportable in one or more sections, that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, which is over eight feet in width and forty feet in length, with or without a permanent foundation and not including recreational vehicle, commercial coach or factory-built housing. A mobilehome on a permanent foundation is included under the definition of “Single-family dwellings.”
“Mobilehome, boat, or RV sales” means the retail sale of mobilehomes, and/or various vehicles and watercraft for recreational uses. Includes the sales of boats, campers and camper shells, jet skis, motor homes, and travel trailers.
“Mobilehome park” means any site that is planned and improved to accommodate two or more mobilehomes used for residential purposes, or on which two or more mobilehome lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobilehomes used for residential purposes.
“Mortuary, funeral home” means funeral homes and parlors, where deceased are prepared for burial or cremation, and funeral services may be conducted. Does not include on-site cremation.
Motel. See “Lodging.”
“Multifamily housing” means a structure containing two or more dwelling units. Multifamily dwellings include: duplexes, triplexes, fourplexes (buildings under one ownership with two, three or four dwelling units, respectively, in the same structure); apartments (five or more units under one ownership in a single building); townhouse development (three or more attached dwellings where no unit is located over another unit); rowhouses; and other building types containing multiple dwelling units (for example, condominiums, courtyard housing, stacked flats, etc.).
N. Definitions, “N.”
“Natural, or existing grade” means the contour of the ground surface before grading.
“Negative declaration” means a negative declaration as defined by the California Environmental Quality Act (CEQA).
Net Lot Area. See “Lot area.”
“Night club” means a facility serving alcoholic beverages for on-site consumption, and providing entertainment, examples of which include live music and/or dancing, comedy, etc. Does not include “adult-oriented business.”
“Nonconforming parcel” means a parcel that was legally created prior to the adoption of this land use code or amendment, but does not comply with the current area, width, depth, or other applicable requirements of this land use code.
“Nonconforming sign” means a sign that lawfully existed prior to the effective date of this land use code or amendment, but does not comply with the current sign regulations of this land use code.
“Nonconforming structure” means a structure that was legally constructed prior to the adoption or amendment of this land use code, but does not comply with the current setback, height limit, and/or other applicable requirements of this land use code.
“Nonconforming use” means a use of land and/or a structure (either conforming or nonconforming) that was legally established and maintained prior to the adoption of this land use code or amendment, but does not conform to the current land use code requirements for allowable land uses within the applicable zoning district.
“Non-storefront retailer” means a commercial cannabis facility where cannabis and/or cannabis products are offered for retail sale exclusively by delivery, where there is no storefront open to the public, operating under a state license Type 9 or a cannabis license type subsequently established. This definition does not include mobile dispensaries.
“Nursery” means a licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of cannabis. A nursery does not include retail sales.
O. Definitions, “O.”
Office. This land use code distinguishes between the following types of offices. These do not include medical offices (see “Medical service – Clinic, laboratory, urgent care,” and “Medical service – Doctor office.”)
1. Accessory. Office facilities for administration, and/or on-site business and operations management, that are incidental and accessory to another business, sales, and/or service activity that is the primary use.
2. Business/Service. Establishments providing direct services to consumers. Examples of these uses include employment agencies, insurance agent offices, real estate offices, travel agencies, utility company offices, elected official satellite offices, etc. This use does not include “Bank, financial services,” which are separately defined.
3. Government. Administrative, clerical, or public contact and/or service offices of a local, state, or federal government agency or service facilities. Includes post offices, but not bulk mailing distribution centers, which are under “Truck or freight terminal.”
4. Processing. Office-type facilities characterized by high employee densities, and occupied by businesses engaged in information processing, and other computer-dependent and/or telecommunications-based activities. Examples of these uses include:
a. Airline, lodging chain, and rental car company reservation centers;
b. Computer software and hardware design and development;
c. Consumer credit reporting;
d. Data processing services;
e. Health management organization (HMO) offices where no medical services are provided;
f. Insurance claim processing;
g. Mail order and electronic commerce transaction processing;
h. Telecommunications facility design and management;
i. Telemarketing.
5. Professional/Administrative. Office-type facilities occupied by businesses that provide professional services, or are engaged in the production of intellectual property. Examples of these uses include:
a. Accounting, auditing and bookkeeping services;
b. Advertising agencies;
c. Attorneys;
d. Business associations, chambers of commerce;
e. Commercial art and design services;
f. Construction contractors (office facilities only);
g. Counseling services;
h. Court reporting services;
i. Detective agencies and similar services;
j. Design services including architecture, engineering, landscape architecture, urban planning;
k. Educational, scientific and research organizations;
l. Financial management and investment counseling;
m. Literary and talent agencies;
n. Management and public relations services;
o. Media postproduction services;
p. News services;
q. Photographers and photography studios;
r. Political campaign headquarters;
s. Psychologists;
t. Secretarial, stenographic, word processing, and temporary clerical employee services;
u. Security and commodity brokers;
v. Writers and artists’ offices.
6. Temporary. A mobilehome, recreational vehicle or modular unit used as a temporary office facility. Temporary offices may include: construction supervision offices on a construction site or off-site construction yard; a temporary on-site real estate office for a development protect; or a temporary business office in advance of permanent facility construction.
7. Temporary Real Estate. The temporary use of a dwelling unit within a residential development project as a sales office for the units on the same site, which is converted to residential use at the conclusion of its office use.
“Office-supporting retail” means a retail store that carries one or more types of merchandise that will typically be of frequent interest to and/or needed by the various businesses listed under the definition of “Office,” and/or the employees of those businesses. Examples of these types of merchandise include:
1. Books;
2. Computer equipment;
3. Flowers;
4. Newspapers and magazines;
5. Office supplies, stationery;
6. Photographic supplies and cameras.
“Off-sale liquor establishment” means any establishment at which alcohol is sold, served, or given to patrons, to be consumed off-site, except food markets, supermarkets, drugstores, and other retail establishments in which the sale of alcohol for off-site use constitutes less than twenty percent of the total sales.
“Off-site” means an activity or accessory use that is related to a specific primary use, but is not located on the same site as the primary use.
“On-sale liquor establishment” means any establishment at which alcohol is sold, served, or given to patrons, to be consumed on-site.
“On-site” means an activity or accessory use that is related to a specific primary use, which is located on the same site as the primary use.
“Open fencing” means a barrier constructed of materials including rails, pickets, wrought iron, or wire, with the materials spaced so that at least fifty percent of the surface area is open, allowing visibility through the fence.
“Operator” means the natural person or designated officer responsible for the operation of any commercial cannabis use.
“Ordinary maintenance and repair” means work for which a building permit is not required, the purpose and effect of which is to correct deterioration of or damage to a structure, and to restore the structure to its condition before the deterioration or damage.
“Organizational house” means a residential lodging facility operated by a membership organization for its members and not open to the general public. Includes fraternity and sorority houses, student dormitories, convents, monasteries, and religious residential retreats.
“Outdoor display and sales” means the permanent outdoor display of merchandise incidental to an adjacent indoor retail use, and certain independent outdoor retail sales facilities. Includes news and flower stands, and outdoor dining areas. Does not include the sale of automobiles and recreational vehicles (“Auto and vehicle sales and rental”), mobilehomes (“Mobilehome, boat, or RV sales”), or building or landscape materials (“Building and landscape materials sales – Outdoor”). Outdoor display and sales shall comply with the standards for “Outdoor displays and sales” in Section 17.42.130 of this title.
Outdoor Storage. See “Storage – Outdoor.”
P. Definitions, “P.”
Parcel. See “Lot, or Parcel.”
“Park” means an outdoor recreation facility that may provide a variety of recreational opportunities including playground equipment, open space areas for passive recreation and picnicking, and sport and active recreation facilities.
“Parking facility – Public or commercial” means parking lots or structures operated by the city, or a private entity providing parking for a fee. Does not include towing impound and storage facilities, which are instead defined under “Storage – Outdoor.”
“Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of an accessory dwelling unit.
“Patio/garden” means a ground-level private open space area which may be covered and located directly adjacent to the dwelling unit it serves that is used for recreational, leisure, and social purposes.
“Pedestrian orientation” means a physical structure or place with design qualities and elements that contribute to an active, inviting and pleasant place for pedestrians that typically includes most of the following elements:
1. Building facades that are highly articulated at the street level, with interesting uses of material, color, and architectural detailing, located directly behind the sidewalk;
2. Visibility into buildings at the street level;
3. A continuous sidewalk, with a minimum of intrusions into pedestrian right-of-way;
4. Continuity of building facades along the street with few interruptions in the progression of buildings and stores;
5. Signs oriented and scaled to the pedestrian rather than the motorist.
Pedestrian orientation may also include: design amenities related to the street level, such as awnings, paseos, and arcades; landscaping and street furniture.
“Pedestrian-oriented use” means a land use that is intended to encourage walk-in customers and that generally does not limit the number of customers by requiring appointments or otherwise excluding the general public. A pedestrian-oriented use provides spontaneous draw from sidewalk and street due to visual interest, high customer turnover, and/or social interaction.
“Person” means any individual, firm, partnership, corporation, company, association, joint stock association; city, county, state, or district; and includes any trustee, receiver, assignee, or other similar representative thereof.
“Person,” for cannabis uses, means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, tribe, or any other group or combination acting as a unit and includes the plural as well as the singular number.
“Personal services” mean establishments providing nonmedical services to individuals as a primary use. Examples of these uses include:
1. Barber and beauty shops;
2. Clothing rental;
3. Dry cleaning pick-up stores with limited equipment;
4. Home electronics and small appliance repair;
5. Laundromats (self-service laundries);
6. Locksmiths;
7. Massage (licensed, therapeutic, nonsexual);
8. Pet grooming with no boarding;
9. Shoe repair shops;
10. Tailors;
11. Tanning salons.
These uses may also include accessory retail sales of products related to the services provided.
“Personal services – Restricted” means personal services that may tend to have a blighting and/or deteriorating effect upon surrounding areas and which may need to be dispersed to minimize their adverse impacts. Examples of these uses include:
1. Check cashing stores;
2. Fortune tellers;
3. Palm and card readers;
4. Pawnshops;
5. Psychics;
6. Spas and hot tubs for hourly rental;
7. Tattoo and body piercing services.
“Planning commission” means the city of Cotati planning commission, appointed by the Cotati city council in compliance with Government Code Section 65101, referred to throughout this land use code as the “commission.”
“Planning permit” means authority granted by the city to use a specified site for a particular purpose. “Planning permit” includes use permits, minor use permits, limited term permits, variances, minor variances, design review, master development plans, and zoning clearances, as established by Article 7 (Planning Permit Procedures) of this land use code.
“Plant nursery” means a commercial agricultural establishment engaged in the production of ornamental plants and other nursery products, grown under cover either in containers or in the soil on the site, or outdoors in containers. The outdoor production of ornamental plants in the soil on the site is instead included under “Crop production, horticulture, orchard, vineyard.” Also includes establishments engaged in the sale of these products (e.g., wholesale and retail nurseries) and commercial-scale greenhouses (home greenhouses are included under “Residential accessory use or structure”). The sale of house plants or other nursery products entirely within a building is also included under “General retail.”
“Playground” means an area occupied by children’s play equipment, including climbing equipment, sandboxes, slides, swings, and/or similar equipment.
“Play/sports court (adult/teen)” means an outdoor common area that is designed to be used for a specific sport(s) and/or an area designed to play a wide variety of sports and games.
“Porch” means a covered but otherwise open platform that provides a transition between the interior of a building and the public space of the street.
“Premises” means the designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or licensee where commercial cannabis activity will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one licensee. “Premises” does not include the leasehold spaces of other tenants on the same parcel or group of parcels joined by common facilities or shared amenities.
“Primary caregiver” shall have the same meaning as set forth in Health and Safety Code Section 11362.7, as the same may be amended from time to time.
“Primary structure” means a structure that accommodates the primary use of the site.
“Primary use” means the main purpose for which a site is developed and occupied.
“Printing and publishing” means an establishment engaged in printing by letterpress, lithography, gravure, screen, offset, or electrostatic (xerographic) copying; and other establishments serving the printing trade such as bookbinding, typesetting, engraving, photoengraving and electrotyping. This use also includes establishments that publish newspapers, books and periodicals; establishments manufacturing business forms and binding devices. “Quick printing” services are included in the definition of “Business support services.”
“Private open space” means an area external to the building (including an area of land, terrace, porch, patio or deck, etc.) directly adjacent to the dwelling unit it serves that is used for recreational, leisure, and social purposes.
“Private residential recreation facility” means a privately owned, noncommercial outdoor recreation facility provided for residential project or neighborhood residents, including swimming pools, swim and tennis clubs, sport court facilities. Does not include golf courses and country clubs, which are separately defined.
“Produce stand” means a temporary business established and operated for a specific time, selling raw, unprocessed fruits, vegetables, nuts, eggs, and other produce in its raw or natural state, and/or prepared food items made from produce grown on site or on an adjacent site and produced and sold according to cottage food operation registration and permit requirements of the county of Sonoma department of health services and any requirements of the state of California, and that is accessory to an on-site urban agriculture use.
Property Line. See “Lot line or property line.”
“Proposed project” means a proposed new structure, new addition to an existing structure, or area of other new site development; these do not include the alteration of any portion of an existing structure other than an addition.
Protected Zone of a Tree. For the purposes of Chapter 17.54 (Tree Preservation and Protection) of this title, the protected zone of a tree is determined by following method that protects the largest ground area:
1. The maximum extent of the drip line of the tree plus five feet, projected in a circle around the tree, with the trunk at the center of the circle; or
2. A circle equal to the trunk diameter in inches converted to feet. (For example, the radius of the protected zone of a tree with a trunk diameter of six inches is six feet.) Trunk diameter is measured at fifty-four inches above the ground. In the case of a trunk that is divided into limbs at a point below fifty-four inches, the trunk diameter shall be measured at the narrowest diameter of the trunk between the base of the tree and fifty-four inches above the ground.
“Public place” means any publicly owned property or property on which a public entity has a right-of-way or easement. Public place also means any private property that is readily accessible to the public without a challenge or barrier, including but not limited to front yards, driveways, and private businesses.
“Public safety facility” means a facility operated by a public agency including fire stations, other fire prevention and firefighting facilities, police and sheriff substations and headquarters, including interim incarceration facilities. May include ambulance dispatch facilities on the same site.
“Public transit” has the same meaning as defined in California Government Code Section 65852.2, as amended from time to time.
Q. Definitions, “Q.”
“Qualifying patient” or “qualified patient” shall have the same meaning as set forth in Health and Safety Code Section 11362.7, as may be amended from time to time.
“Qualifying resident” means a senior citizen or other person eligible to reside in senior citizen housing.
R. Definitions, “R.”
“Recreational vehicle (RV)” means a motor home, travel trailer, truck camper, carryall, camp trailer, or house car, with or without motive power, originally designed for human habitation for recreational, emergency, or other occupancy, which:
1. Contains less than three hundred twenty square feet of internal living room area, excluding built-in equipment, including wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms;
2. Contains four hundred square feet or less of gross area measured at maximum horizontal projections;
3. Is built on a single chassis; and
4. Is either self-propelled, truck-mounted, or permanently towable on the highways without a towing permit.
Also includes boats, boat trailers, other types of trailers, golf carts, and buses.
“Recreational vehicle park” means a site where one or more lots are used, or are intended to be used, by campers with recreational vehicles or tents. Recreational vehicle parks may include public restrooms, water, sewer, and electric hookups to each lot and are intended as a higher density, more intensively developed use than campgrounds. May include accessory retail uses where they are clearly incidental and intended to serve RV park patrons only.
“Recycling facility” means a center for the collection and/or processing of recyclable materials. A “certified” recycling or processing facility is certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986.
1. “Small collection facility” means a center where the public may donate, redeem or sell recyclable materials, which may include the following, where allowed by the applicable zoning district:
a. Reverse vending machines;
b. Small collection facilities which occupy an area of three hundred fifty square feet or less and may include a mobile unit.
2. “Medium collection facility” means and includes the following:
a. Bulk reverse vending machines or a grouping of reverse vending machines occupying more than fifty square feet; and
b. A kiosk unit.
3. “Large collection facility” means large collection facilities which occupy an area of more than three hundred fifty square feet and/or include permanent structures.
4. “Mobile recycling unit” means an automobile, truck, trailer, or van used for the collection of recyclable materials, carrying bins, boxes, or other containers.
5. “Processing facility” means a structure or enclosed space used for the collection and processing of recyclable materials for shipment, or to an end-user’s specifications, by such means as baling, briquetting, cleaning, compacting, crushing, flattening, grinding, mechanical sorting, remanufacturing and shredding. Processing facilities include the following types, both of which are included under the definition of “Scrap and dismantling yards,” below:
a. Light processing facility occupies an area of under forty-five thousand square feet of collection, processing and storage area, and averages two outbound truck shipments each day. Light processing facilities are limited to baling, briquetting, compacting, crushing, grinding, shredding and sorting of source separated recyclable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers; and
b. A heavy processing facility is any processing facility other than a light processing facility.
6. “Recycling or recyclable material” means reusable domestic containers and other materials which can be reconstituted, remanufactured, or reused in an altered form, including glass, metals, paper and plastic. Recyclable material does not include refuse of hazardous materials.
7. “Reverse vending machine” means an automated mechanical device which accepts at least one or more types of empty beverage containers and issues a cash refund or a redeemable credit slip with a value not less than the container’s redemption value, as determined by state law. These vending machines may accept aluminum cans, glass and plastic bottles, and other containers.
A bulk reverse vending machine is a reverse vending machine that is larger than fifty square feet, is designed to accept more than one container at a time, and issues a cash refund based on total weight instead of by container.
8. “Scrap and dismantling yard” means outdoor establishments primarily engaged in assembling, breaking up, sorting, and the temporary storage and distribution of recyclable or reusable scrap and waste materials, including auto wreckers engaged in dismantling automobiles for scrap, and the incidental wholesale or retail sales of parts from those vehicles. Includes light and heavy processing facilities for recycling (see the definitions above). Does not include: pawnshops, and other secondhand stores; the sale of operative used cars; or landfills or other waste disposal sites.
“Repair and maintenance,” for the purposes of Section 17.22.030 (Exemptions from planning permit requirements) and Chapter 17.82 (Nonconforming Uses, Structures, and Parcels) of this title, means and includes work on a building or other structure involving: cleaning; interior and exterior painting; reroofing; the patching of cracks, holes, and other damage to interior and exterior walls; the replacement or repair of electrical or plumbing fixtures and lines; but does not include changes to any structural member.
“Repair service – Equipment, large appliances, etc.” means a service facility where various types of electrical, electronic, and mechanical equipment, and home and business appliances are repaired and/or maintained away from the site of the equipment owner. Does not include vehicle repair or maintenance, which is included under “Vehicle services,” the repair of small home appliances and electronic equipment, which is included under “Personal services,” maintenance and repair activities that occur on the client’s site, which are included under “Maintenance service – Client site services,” or repair services provided on the site of a retail use that sells the products for which repair services are offered, which are incidental to the on-site sales.
“Residential accessory use or structure” means any use and/or structure that is customarily a part of, and clearly incidental and secondary to a residence, and does not change the character of the residential use. This definition includes the following detached accessory structures, and other similar structures normally associated with a residential use of property. See also “Agricultural accessory structure.”
1. Garages;
2. Gazebos;
3. Greenhouses (noncommercial);
4. Spas and hot tubs;
5. Storage sheds;
6. Studios;
7. Swimming pools;
8. Tennis and other on-site sport courts;
9. Workshops.
Also includes the indoor storage of automobiles, personal recreational vehicles and other personal property, accessory to a residential use. Does not include: second units, which are separately defined; guesthouses, which are included under the definition of second units; or home satellite dish and other receiving antennas for earth-based TV and radio broadcasts (see “Telecommunications facilities”).
“Residential care” means a single-family dwelling or multi-unit facility licensed or supervised by a federal, state, or local health/welfare agency that provides twenty-four-hour nonmedical care of unrelated persons who are handicapped and in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual in a family-like environment. Does not include day care facilities, which are separately defined.
“Residential care facility for the elderly (RCFE)” means a housing arrangement chosen voluntarily by the residents, or the residents’ guardians, conservators or other responsible persons; where seventy-five percent of the residents are at least sixty-two years of age, or, if younger, have needs compatible with other residents; and where varying levels of care and supervision are provided, as agreed to at the time of admission or as determined necessary at subsequent times of reappraisal (definition from California Code of Regulations Title 22, Division 6, Chapter 6, Residential Care Facilities for the Elderly). RCFE projects may include basic services and community space.
RCFE projects include assisted living facilities (board and care homes), congregate housing, independent living centers/senior apartments, and life care facilities as defined below.
1. “Assisted living facility” means a residential building or buildings that also provide housing, personal and health care, as permitted by the Department of Social Services, designed to respond to the daily, individual needs of the residents. Assisted living facilities may include kitchenettes (small refrigerator, sink and/or microwave oven) within individual rooms. Assisted living facilities are required to be licensed by the California Department of Social Services, and do not include skilled nursing services.
2. Independent Living Center/Senior Apartment. Independent living centers and senior apartments are multifamily residential projects reserved for senior citizens, where common facilities may be provided (for example, recreation areas), but where each dwelling unit has individual living, sleeping, bathing, and kitchen facilities.
3. Life Care Facility. Sometimes called continuing care retirement communities, or senior continuum of care complex, these facilities provide a wide range of care and supervision, and also provide health care (skilled nursing) so that residents can receive medical care without leaving the facility. Residents can expect to remain, even if they become physically incapacitated later in life. Life care facilities require multiple licensing from the State Department of Social Services, the State Department of Health Services, and the State Department of Insurance.
Residential Component of Mixed Use Project. See “Mixed use project.”
“Residential zone” means any of the following zoning districts established by Chapter 17.20 (Zoning Map) of this title: RR (rural residential); RVL (residential very low density); NL (neighborhood, low density); NM (neighborhood, medium density); and NU (neighborhood, urban).
“Restaurant,” “cafe,” “coffee shop” means a retail business selling ready-to-eat food and/or beverages for on- or off-premises consumption. These include eating establishments where customers are served from a walk-up ordering counter for either on- or off-premises consumption (“counter service”); and establishments where customers are served food at their tables for on-premises consumption (“table service”), that may also provide food for take-out. Does not include formula-based fast food restaurant, which is separately defined.
“Restaurant – Outdoor dining” means a restaurant, as defined in this section, where food is served for consumption by customers at seating located outdoors.
“Retail complex” means a primarily retail commercial site with three or more separate businesses sharing common pedestrian and parking areas.
“Retail display gallery” means a retail sales location intended to display and present retail goods to customers, but may not carry actual merchandise for same day “take home” purchase. Rather, customers are presented with brand experiences and products which are purchased online or in store and delivered to the customer’s home or available for in-store pick up.
“Retail tobacco store” means a retail store utilized primarily for the sale of tobacco products and tobacco accessories and for which the sale of other products is merely incidental. Incidental sale of tobacco products up to twenty-five percent of a business retail floor area or gross sales does not qualify as a retail tobacco store.
“Retailer” or “cannabis dispensary” or “dispensary” means a facility operated in accordance with state and local laws and regulations, where cannabis and/or cannabis products are offered for retail sale, including an establishment that delivers cannabis and/or cannabis products as part of a retail sale, under a state license Type 10 or a cannabis license type subsequently established. This definition does not include mobile dispensaries.
“Review authority” means the individual or official city body (the planning director, planning commission, or city council) identified by this land use code as having the responsibility and authority to review, and approve or disapprove the permit applications described in Article 6 (Planning Permit Procedures).
“Rooftop terrace” means a structure that is constructed above the top plate line of a building which may be roofed or unroofed and is designed to function as an outdoor patio.
“Rooming or boarding house” means a dwelling or part of a dwelling where lodging is furnished for compensation to five or more persons living independently from each other. Meals may also be included. Does not include fraternities, sororities, convents, or monasteries, which are separately defined under “Organizational house.”
“Rowhouse” means two-story dwellings fronting a sidewalk that occupy the entire width of their parcels, without side setbacks.
S. Definitions, “S.”
“Sale,” “sell,” and “to sell” shall have the same meaning as set forth in Business and Professions Code Section 26001(as), as the same may be amended from time to time: any transaction whereby, for any consideration, title to cannabis is transferred from one person to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of cannabis or cannabis products by a licensee to the licensee from whom such cannabis or cannabis product was purchased.
“School” means and includes the following facilities:
1. Elementary, Middle, Secondary. A public or private academic educational institution, including elementary (kindergarten through 6th grade), middle and junior high schools (7th and 8th grades), secondary and high schools (9th through 12th grades). May also include any of these schools that also provide room and board.
2. Specialized Education/Training. A school that provides education and/or training, including vocational training, in limited subjects. Examples of these schools include:
a. Art school;
b. Ballet and other dance school;
c. Business, secretarial, and vocational school;
d. Computers and electronics school;
e. Drama school;
f. Driver education school;
g. Establishments providing courses by mail;
h. Language school;
i. Martial arts;
j. Music school;
k. Professional school (law, medicine, etc.);
l. Seminaries/religious ministry training facility.
Does not include preschools and child day care facilities (see “Day care”). See also the definition of “Studio – Art, dance, martial arts, music, etc.” for smaller-scale facilities offering specialized instruction.
“School,” for cannabis uses, means any public or private school providing instruction to students in kindergarten or any grades one through twelve.
“Secondhand store” means a retail store that buys and sells used products, including clothing, furniture and household goods, jewelry, appliances, musical instruments, business machines and office equipment, tools, motors, machines, instruments, or any similar secondhand articles or objects. Does not include bookstores (“General retail”); secondhand farm and construction equipment (“Construction, farm, and heavy equipment sales and rental”); junk dealers, or scrap/dismantling yards (“Recycling facilities – Scrap and dismantling yards”); the sale of antiques and collectibles (“Antique or collectible store”); the sale of cars and other used vehicles (“Auto and vehicle sales and rental”); or pawnshops (“Personal services – Restricted”).
“Separately accessible storage unit” means a personal storage unit provided as part of a multifamily residential use that is fully enclosed, but separately accessible from the out-of-doors, as opposed to indoor storage units that are individually accessible but only from within the enclosed structure.
“Service station (nonfossil fuel sales)” means a retail business that provides electrical charging or fueling for vehicles but does not include the sale of fossil fuels. New or expanded facilities to store, convey or dispense fossil fuels are prohibited. Where allowed by Article 2 (Community and Project Design), a service station may also include “vehicle services,” “convenience stores,” and/or other commercial uses which are separately defined and regulated by this land use code as separate land use types.
“Setback” means the distance by which a structure, parking area or other development feature must be separated from a lot line, other structure or development feature, or street centerline. See also “Yard,” and Section 17.30.020 of this title.
“Sign” means a structure, device, figure, display, message placard, or other contrivance, or any part thereof, situated outdoors or indoors, which is designed, constructed, intended, or used to advertise, or to otherwise provide information, to direct or attract attention to an object, person, institution, business, product, service, event, or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images. Does not include murals, paintings and other works of art that are not intended to advertise or identify any business or product. Types of signs include the following:
1. A-Board Sign. A portable “a-frame” or “sandwich board” sign;
2. Abandoned Sign. A sign that no longer advertises a business, lessor, owner, product, service or activity on the premises where the sign is displayed;
3. Animated or Moving Sign. A sign which uses movement, lighting, or special materials to depict action or create special effect to imitate movement;
4. Awning Sign. A sign copy or logo attached to or painted on an awning;
5. Banner, Flag, or Pennant. Cloth, bunting, plastic, paper, or similar nonrigid material used for advertising purposes attached to a structure, staff, pole, line, framing, or vehicle, not including official flags of the United States, the state of California, and other states of the nation, counties, municipalities, official flags of foreign nations and nationally or internationally recognized organizations;
6. Bench Sign. Copy painted on a portion of a bench;
7. Cabinet Sign (Can Sign). A sign with its text and/or logo symbols and artwork on a translucent face panel that is mounted within a metal frame or cabinet that contains the lighting fixtures which illuminate the sign face from behind;
8. Changeable Copy Sign. A sign designed to allow the changing of copy through manual, mechanical, or electrical means including time and temperature;
9. Directory Sign. A sign for listing the tenants and their suite numbers of a multiple-tenant structure or center;
10. Double-Faced Sign. A sign constructed to display its message on the outer surfaces of two identical and/or opposite parallel planes;
11. Electronic Reader Board Sign. A sign with a fixed or changing display composed of a series of lights, but not including time and temperature displays;
Figure 9-4. Examples of Sign Types
12. Flashing Sign. A sign that contains an intermittent or sequential flashing light source;
13. Freestanding Sign. A sign fixed in an upright position on the ground not attached to a structure other than a framework, pole or device, erected primarily to support the sign. Includes monument signs and pole signs;
14. Illegal Sign. A sign that includes any of the following:
a. A sign installed without complying with all regulations in effect at the time of its construction or use,
b. A sign installed or maintained contrary to any applicable provision of Chapter 17.38 (Signs) of this title,
c. A sign which is a danger to the public or is unsafe, or
d. A sign which is a traffic hazard not created by relocation of streets or highways or by acts of the city;
15. Indirectly Illuminated Sign. A sign whose light source is external to the sign and which casts its light onto the sign from a distance; or where the light source is behind an opaque sign element and causes it to be outlined by light reflected from the surface to which the sign is mounted;
16. Internally Illuminated Sign. A sign whose light source is located in the interior of the sign so that light passes through the face of the sign, or light source which is attached to the face of the sign and is perceived as a design element of the sign;
17. Marquee (Canopy) Sign. A sign which is attached to or otherwise made a part of a permanent roof-like structure which protects beyond the building wall in the form of a large canopy to provide protection from the weather;
18. Monument Sign. An independent, freestanding structure supported on the ground having a solid base as opposed to being supported by poles or open braces;
19. Multi-Tenant Sign. An identification sign for a commercial site with multiple tenants, displaying the names of each tenant on the site;
20. Nonconforming Sign. An advertising structure or sign which was lawfully erected and maintained prior to the adoption of this land use code, but does not now completely comply with current regulations;
21. Off-Site Sign. A sign identifying a use, facility, service, or product that is not located, sold, or manufactured on the same premises as the sign, or that identifies a use, service, or product by a brand name which, although sold or manufactured on the premises, is not a principal item for sale or manufactured on the premises;
22. Permanent Sign. A sign constructed of durable materials and intended to exist for the duration of time that the use or occupant is located on the premises;
23. Pole/Pylon Sign. An elevated freestanding sign, typically supported by one or two poles or columns;
24. Portable Sign. A sign that is not permanently affixed to a structure or the ground;
25. Projecting Sign. A sign other than a wall sign suspending from, or supported by, a structure and projecting outward;
26. Roof Sign. A sign constructed upon or over a roof, or placed so as to extend above the edge of the roof;
27. Suspended Sign. A sign oriented toward pedestrians that is suspended from the underside of an arcade or other covered walkway;
28. Temporary Sign. A sign intended to be displayed for a limited period of time and capable of being viewed from a public right-of-way, parking area or neighboring property;
29. Vehicle Sign. A sign which is attached to or painted on a vehicle which is parked on or adjacent to any property, the principal purpose of which is to attract attention to a product sold or business located on the property;
30. Wall Sign. A sign which is attached to or painted on the exterior wall of a structure with the display surface of the sign approximately parallel to the building wall;
31. Window Sign. A sign posted, painted, placed, or affixed in or on a window exposed to public view. An interior sign which faces a window exposed to public view and is located within three feet of the window.
“Sign area” means the entire area within a perimeter defined by a continuous line composed of right angles using no more than four lines which enclose the extreme limits of lettering, logo, trademark, or other graphic representation.
“Sign height” means the vertical distance from the uppermost point used in measuring the area of a sign to the average grade immediately below the sign, including its base or the top of the nearest curb of the street on which the sign fronts, whichever measurement is the greatest.
“Single-family dwelling” means a building designed for and/or occupied exclusively by one family. Also includes factory-built, modular housing units, constructed in compliance with the Uniform Building Code (UBC), and mobilehomes/manufactured housing units that comply with the National Manufactured Housing Construction and Safety Standards Act of 1974, placed on permanent foundation systems.
“Site” means a parcel or adjoining parcels under single ownership or single control, considered a unit for the purposes of development or other use.
“Site coverage” means the percentage of total site area occupied by structures and all impervious surfaces. Structure/building coverage is measured from exterior wall to exterior wall.
Small Family Day Care Home. See “Day care.”
“Social service organization” means a public or quasi-public establishment providing social and/or rehabilitation services, serving persons with social or personal problems requiring special services, the handicapped, and the otherwise disadvantaged. Examples of this land use include: counseling centers, welfare offices, job counseling and training centers, or vocational rehabilitation agencies. Includes organizations soliciting funds to be used directly for these and related services, and establishments engaged in community improvement and neighborhood development. Does not include day care services, emergency shelters and transitional housing, or “residential care,” which are separately defined.
“Sports and entertainment assembly” means a large-scale indoor or outdoor facility accommodating spectator-oriented sports, concerts, and other entertainment activities. Examples of this land use include amphitheaters, race tracks, stadiums and coliseums.
“Sports and active recreation facility” means public and private facilities for various outdoor sports and other types of recreation, where the facilities are oriented more toward participants than spectators. Examples include:
1. Athletic fields (e.g., baseball, football, softball, soccer);
2. Health and athletic club outdoor facilities;
3. Skateboard parks;
4. Swimming pools;
5. Tennis and other sport courts (e.g., handball, squash).
Storage – Accessory. The indoor storage of materials accessory and incidental to a primary use is not considered a land use separate from the primary use.
“Storage – Outdoor” means the storage of various materials outside of a structure other than fencing, either as an accessory or primary use.
“Storage – Personal storage facility” means structures containing generally small, individual, compartmentalized stalls or lockers rented as individual storage spaces and characterized by low parking demand.
Storage – Vehicle. See “Vehicle storage.”
“Storage – Warehouse, indoor storage” means facilities for the storage of furniture, household goods, or other commercial goods of any nature. Includes cold storage. Does not include: warehouse, storage or mini-storage facilities offered for rent or lease to the general public (“Storage – Personal storage facility”); warehouse facilities primarily used for wholesaling and distribution (see “Wholesaling and distribution”); or terminal facilities for handling freight (see “Truck or freight terminal”).
“Story” means the portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above, the space between the floor and the ceiling above.
“Street” means a public thoroughfare accepted by the city, which affords principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare except an alley as defined in this section.
“Structure” means anything constructed or erected, the use of which requires attachment to the ground, attachment to something located on the ground, or placement on the ground. For the purposes of this land use code, the term “structure” includes buildings and tents, but does not include swimming pools.
“Studio – Art, dance, martial arts, music, etc.” means small-scale facilities, typically accommodating one group of students at a time, in no more than one instructional space. Larger facilities are included under the definition of “Schools – Specialized education and training.” Examples of these facilities include: individual and group instruction and training in the arts; production rehearsal; photography, and the processing of photographs produced only by users of the studio facilities; martial arts training studios; gymnastics instruction, and aerobics and gymnastics studios with no other fitness facilities or equipment. Also includes production studios for individual musicians, painters, sculptors, photographers, and other artists.
“Studio unit” means a residential unit where living and sleeping space is combined in a single room.
“Subdivision” means the division, by any subdivider, of any unit or portion of land shown on the latest equalized Sonoma county assessment roll as a unit or contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. Subdivision includes the following, as defined in Civil Code Section 1715: a condominium project; a community apartment project; or the conversion of five or more existing dwelling units to a stock cooperative.
1. “Common interest development” means a development that is created whenever a separate interest coupled with an interest in the common area or membership in the association is, or has been, conveyed. It includes a condominium, community apartment project, planned development, or stock cooperative, in compliance with Civil Code 1351.
2. “Community apartment project” means a development in which an undivided interest in land is coupled with the right of exclusive occupancy of any apartment on the land, as defined in Business and Professions Code Section 11004, and Civil Code 1351(d).
3. “Final map” means a subdivision map prepared in compliance with Map Act, Article 2, Chapter 2, and approved in compliance with Map Act, Article 4, Chapter 3, that is used to complete the subdivision of five or more parcels.
4. Lot Line Adjustment. As provided by Map Act Section 66412(d), a lot line adjustment relocates one or more lot lines between two or more existing adjacent parcels, where land taken from one parcel is added to an adjacent parcel and where no more parcels are created than originally existed.
5. “Parcel map” means the subdivision map described by the Map Act, Article 3, Chapter 2, which is required to complete a subdivision of four or fewer lots.
6. “Planned development,” as defined by Civil Code Section 1351(k), means a development (other than a community apartment project, condominium, or stock cooperative) having either or both of the following features:
a. The common area is owned either by an association or in common by the owners of the separate interests who possess appurtenant rights to the beneficial use and enjoyment of the common area; and/or
b. A power exists in the association to enforce an obligation of an owner of a separate interest with respect to the beneficial use and enjoyment of the common area by means of an assessment which may become a lien upon the separately owned parcel, or area in compliance with Civil Code Section 1367.
7. “Stock cooperative” means a development defined by Business and Professions Code 11003.2 and Civil Code Section 1351(m), where a corporation is formed to hold title to improved real property and the shareholders in the corporation receive a right of exclusive occupancy in a portion of the real property.
8. “Subdivider” means a person, firm, corporation, partnership or association who proposes to divide, or causes to be divided real property into a subdivision for oneself or for others; except that employees and consultants of persons or entities, acting in this capacity, are not “subdividers.” See “Developer.”
9. “Subdivision improvements” mean and include streets, storm drainage facilities, sanitary sewers, water supply facilities, electric and gas lines.
10. “Subdivision Map Act,” or “Map Act” means Division 2, Title 7 of the California Government Code, commencing with Section 66410 as presently constituted, and any amendments to those provisions.
11. “Tentative map” means a map made for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it.
12. “Vesting tentative map” means a map that is filed and processed in the same manner as a tentative map except as otherwise provided by Section 17.71.120 (Vesting tentative maps) or the Map Act.
“Supportive housing” means housing with no limit on the length of stay, that is occupied by the target population, and is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community. Target populations include homeless individuals, youth and families, and people with disabilities. (CA-HSC 50675.14).
T. Definitions, “T.”
“Tandem parking” means two or more automobiles parked on a driveway or other location on a lot, lined up behind one another.
“Target population” means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
“Tasting room” means a retail sales facility where customers may taste and purchase beverage and food products grown and/or processed on the site, or grown and processed elsewhere. Products offered for tasting and sale may include wine, beer, spirits, olive oil, cheese, and/or other food and beverage products. May include a restaurant as an incidental use, or be incidental to a separate primary use on the site.
“Telecommunications facility” means public, commercial and private electromagnetic and photoelectrical transmission, broadcast, repeater and receiving stations for radio, television, telegraph, telephone, data network, and wireless communications, including commercial earth stations for satellite-based communications. Includes antennas, commercial satellite dish antennas, and equipment buildings. Does not include telephone, telegraph and cable television transmission facilities utilizing hard-wired or direct cable connections. The following terms and phrases are defined for the purposes of Chapter 17.44 (Telecommunications Facilities) of this title.
1. “Antenna” means any system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of electromagnetic waves or radio frequency signals.
2. “Co-location” means the location of two or more wireless, hard wire, or cable communication facilities on a single support structure or otherwise sharing a common location. Co-location shall also include the location of communication facilities with other facilities (e.g., water tanks, light standards, and other utility facilities and structures).
3. “Communication facility” means an unstaffed facility, generally consisting of antennas, and equipment cabinet or structure, and related equipment, which receives and/or transmits electromagnetic waves, light waves, radio frequencies or other types of signals.
4. “Equipment cabinet” means a cabinet or structure used to house equipment associated with a wireless, hard wire, or cable communication facility.
5. “Monopole” means a single freestanding pole, post, or similar structure, used to support equipment associated with a single communication facility.
6. “Multipoint distribution service” means a microwave communication service that delivers video programming, data and/or voice communication directly to subscribers, including multichannel multipoint distribution series, instructional television fixed services, and local multipoint distribution services, or as defined by Section 207 of the Telecommunications Act of 1996, Section 1.4000 of Title 47 of the Code of Federal Regulations and any interpretative decisions thereof issued by the Federal Communications Commission.
7. “Service provider” means any authorized provider of telecommunications services.
8. “Tower” means any ground or roof-mounted pole, spire, structure, or combination thereof taller than fifteen feet, including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna or similar apparatus above grade.
“Temporary structure” means a structure without any foundation or footings, and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.
“Temporary use” means a land use that is designed, operated and occupies a site for a limited time, typically less than twelve months.
“Testing service” or “testing laboratory” means a laboratory, facility, or entity that offers or performs tests of cannabis or cannabis products, including the equipment provided by such laboratory, facility, or entity, which is accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity and is licensed by the state.
“Theater” means an indoor facility for group entertainment, other than sporting events. Examples of these facilities include:
1. Civic theaters, and facilities for “live” theater and concerts;
2. Movie theaters.
See also “Sports and entertainment assembly.”
“Tobacco product” means any substance containing tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff and chewing tobacco. “Tobacco product” also means any device that delivers nicotine or other smoked substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah.
“Tobacco product” does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.
“Top of creek bank” means the uppermost ground elevation paralleling a creek or watercourse where the gradient changes from a more defined vertical component to more horizontal.
“Traffic calming” means physical measures, used separately or in combination, that reduce the negative effects of motor vehicle use, alter driver behavior, and improve conditions for nonmotorized users of streets, alleys, driveways, parking lots, woonerfs, or other places where motor vehicles are present. Depending on the situation, traffic calming may include the following measures: chicanes, ramp ups, narrow driving lanes, curb extensions/bulb outs, neck downs, speed bumps, speed humps, speed tables, dips, diagonal diverters, cul de sacs, curves/meanders, reduced corner/turn radii, street trees, landscaping, medians, stop signs, traffic lights, pedestrian crossings, bicycle lanes, bollards, signage, varying pavement colors, textured pavement, and pedestrian amenities such as street furniture.
“Transect” means an approach to zoning described by Duany Plater-Zyberk & Company for classifying the rural-to-urban range of the elements of urbanism in human settlements. The transect technique is derived from natural ecological analysis where it is applied to present the sequence of natural habitat from, for example, shore-dune-upland or wetland-woodland-prairie. As an ordering system for urbanism, each urban element is placed within its continuum. For example, a street is more urban than a road, a curb more urban than a swale, a brick wall is more urban than a wooden one, a row of trees more urban than a cluster of trees. When rationalized and subdivided, this gradient becomes the urban transect, the basis of the zoning system in this land use code. Figure 9-5 illustrates an example of a rural-to-urban transect.
Figure 9-5. The Transect
“Transit station or terminal” means a passenger station for vehicular and rail mass transit systems; also terminal facilities providing maintenance and service for the vehicles operated in the transit system. Includes bus terminals, taxi stands, railway stations, etc.
“Transitional housing” means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance. Transitional housing is considered a residential use and is subject only to the restrictions and standards that apply to other residential dwellings of the same type (e.g., single-family residence(s) or multifamily development) in the same zone.
“Truck or freight terminal” means a transportation facility furnishing services incidental to air, motor freight, and rail transportation. Examples include:
1. Freight forwarding services;
2. Freight terminal facilities;
3. Joint terminal and service facilities;
4. Overnight mail processing facilities;
5. Packing, crating, inspection and weighing services;
6. Postal service bulk mailing distribution centers;
7. Transportation arrangement services;
8. Trucking facilities, including transfer and storage.
U. Definitions, “U.”
“Undesirable species” means any of the following species which possess any or all of the following characteristics: fast growth, large size, extreme flammability, poor structure, invasive roots, introduced species and relatively short life-span: blue gum eucalyptus (eucalyptus globulus); sugar gum eucalyptus (eucalyptus cladocalyx); manna gum eucalyptus (eucalyptus viminalis); black acacia (acacia melanoxylon); green wattle acacia (acacia decurrens); Monterey pine (pinus radiata); and juniper (all species – Juniperus spp.); and Lombardy poplar (populus nigra “Italica”).
“Unit owner,” or “owner” means the holder(s) of record fee title to an affordable unit. “Unit owner” includes a contract purchaser (“vendee”) under an installment land contract.
“Urban agriculture” means the community garden; crop production, horticulture, orchard, vineyard; and market garden land uses.
“Urban growth boundary line” means the boundary established and located in compliance with Chapter 17.66 (Urban Growth Boundary), outside of which no development may be approved by the city except as provided by Chapter 17.66 of this title.
“Usable open space” means an on-site area or areas, accessible to the residents of the development it serves and designed for safe and convenient active use for recreational, leisure, and social activities. Other open spaces such as areas within a street side setback (except permitted porches and/or a patio), creek setback, stormwater infrastructure, slopes, and wetland /habitat preservation areas are not considered “usable open space.”
Use. See “Land use.”
Use Permit. See Section 17.62.050 (Use permit and minor use permit) of this title.
Use, Primary. See “Primary use.”
“Utility facility” means a fixed-base structure or facility serving as a junction point for transferring electric utility services from one transmission voltage to another or to local distribution and service voltages, and similar facilities for water supply and natural gas distribution. These uses include any of the following facilities that are not exempted from land use permit requirements by Government Code Section 53091:
1. Electrical substations and switching stations;
2. Natural gas regulating and distribution facilities;
3. Public water system wells, treatment plants and storage;
4. Telephone switching facilities;
5. Waste water treatment plants, settling ponds and disposal fields.
These uses do not include office or customer service centers (classified in “Offices”).
“Utility infrastructure” means pipelines for water, natural gas, and sewage collection and disposal; and facilities for the transmission of electrical energy for sale, including transmission lines for a public utility company. Also includes telephone, telegraph, cable television and other communications transmission facilities utilizing direct physical conduits. Does not include offices or service centers (see “Offices – Business and service”), or distribution substations (see “Utility facility”).
V. Definitions, “V.”
Variance. See Section 17.62.060 (Variance and minor variance) of this title.
“Vehicle services” means the repair, servicing, alteration, restoration, towing, painting, cleaning, or finishing of automobiles, trucks, recreational vehicles, boats and other vehicles, boats and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. This use includes the following categories:
1. Major Repair/Body Work. These establishments include towing, collision repair, other body work, and painting services; muffler and radiator shops; tire recapping.
2. Minor Maintenance/Repair. Minor facilities providing limited repair and maintenance services. Examples include: attended and self-service car washes; detailing services; quick-lube services; tire and battery sales and installation (not including recapping).
Does not include automobile parking (see “Parking facilities”), repair shops that are part of a vehicle dealership on the same site (see “Auto and vehicle sales and rental,” and “Mobilehome, RV, and boat sales and rental”); gas stations, which are separately defined; or dismantling yards, which are included under “Recycling – Scrap and dismantling yards.”
“Vehicle storage” means a facility for the storage of operative cars and other fleet vehicles, trucks, buses, recreational vehicles, and other motor vehicles. Includes facilities for the storage and/or servicing of fleet vehicles. Also includes the parking of a vehicle on private property for more than seventy-two hours without operation. Does not include commercial parking lots, or dismantling yards (classified in “Recycling – Scrap and dismantling yards”).
Vesting Tentative Map. See “Subdivision.”
“Veterinary clinic, animal hospital” means office and indoor medical treatment facilities used by veterinarians, including large and small animal veterinary clinics, and animal hospitals. See also “Kennel, animal boarding.”
Video Rental. See “General retail,” and “Adult-oriented business.”
“Volatile solvent” means volatile organic compounds, including but not limited to: (1) explosive gases, such as butane, propane, xylene, styrene, gasoline, kerosene, O2 or H2; and (2) dangerous poisons, toxins, or carcinogens, such as methanol, methylene chloride, acetone, benzene, toluene, and trichloroethylene as determined by the fire marshal.
W. Definitions, “W.”
Warehouse. See “Storage – Warehouse, indoor storage.”
“Warehouse retail” means a retail store that emphasizes the packaging and sale of products in large quantities or volumes, some at discounted prices, where products are typically displayed in their original shipping containers. Sites and buildings are usually large and industrial in character. Patrons may be required to pay membership fees.
“Waterway” or “watercourse” means a creek, stream, or other natural channel that conveys water through the city.
“Wholesaling and distribution” means an establishment engaged in selling merchandise to retailers; to contractors, industrial, commercial, institutional, farm, or professional business users; to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Examples of these establishments include:
1. Agents, merchandise or commodity brokers, and commission merchants;
2. Assemblers, buyers and associations engaged in the cooperative marketing of farm products;
3. Merchant wholesalers;
4. Stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment.
Also includes storage, processing, packaging, and shipping facilities for mail order and electronic-commerce retail establishments.
“Windmill” means a tower and propeller assembly used to transform wind energy into mechanical energy for generating electricity or pumping water.
“Wine tasting” means a facility, or area within a winery where wine and related products are offered for retail sale, where wine may be tasted for a fee, or without charge.
“Winery – Boutique” means a winery producing ten thousand cases of wine or less per year where all aspects of production occur within the footprint of the structure. Use includes fruit processing, fermentation, pressing, barrel and bottle storage, bottling, wine tasting, and direct retail sale of wine. Participation in events involving multiple wineries is permitted to occur one time per ninety-day period. All other events require separate approval (limited term or city special event permit).
“Winery – Production” means a winery producing more than ten thousand cases of wine per year. Use includes fruit processing, fermentation, pressing, barrel and bottle storage, bottling, wine tasting, and direct retail sale of wine. Participation in events involving multiple wineries is permitted to occur one time per ninety-day period. All other events require separate approval (limited term or city special event permit). In addition, uses which produce ten thousand cases of beverage or less, but which do not meet one or more of the additional requirements to be considered a “boutique” winery, are “production” wineries.
“Woonerf” means an internal driveway within a development that serves as a multi-use, multi-modal shared space where priority is given to pedestrians and bicycles. Motor vehicles are considered guests in a woonerf, and as such, are subject to traffic calming and reduced speed limits. Features of woonerfs include special paving and signage, a curbless design, traffic calming measures, and integration of trees, landscape elements, seating, lighting, and other amenities. Woonerfs also function as play courts, recreation spaces, and/or social areas for residents.
X. Definitions, “X.” No specialized terms beginning with the letter “X” are defined at this time.
Y. Definitions, “Y.”
“Yard” means an area between a lot line and a structure, unobstructed and unoccupied from the ground upward, except as otherwise permitted by this land use code. A yard area includes any setback required by the applicable zoning district. See also “Setback,” and Section 17.30.020, Build-to-lines and setbacks.
1. “Front yard” means an area extending across the full width of the lot between the front lot line and the primary structure.
2. “Rear yard” means an area extending the full width of the lot between a rear lot line and the primary structure.
3. “Side yard” means an area between a side lot line and the primary structure extending between the front and rear yards.
“Youth center” shall have the same meaning as in Section 11353.1 of the Health and Safety Code, as may be amended from time to time: any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities.
Z. Definitions, “Z.”
“Zero lot line” means the location of a building on a lot in such a manner that one or more building sides rests directly on a lot line.
Zoning Clearance. See Section 17.62.020, Zoning clearance.
“Zoning district” means any district established by Section 17.20.020, Zoning map and zoning districts, within which certain land uses are allowed or prohibited, and certain site planning and development standards are established (e.g., setbacks, height limits, site coverage requirements, etc.). (Ord. 918 § 17, 2023; Ord. 915 § 16, 2022; Ord. 914 § 7, 2022; Ord. 910 § 2, 2022; Ord. 908 § 5 (Exh. 1 § 6), 2022; Ord. 905 § 7, 2021; Ord. 902 § 7, 2021; Ord. 895 § 2(A) Exh. 2 (part), 2020: Ord. 893 § 12, 2020; Ord. 883 § 5, 2018; Ord. 862 § 2 (part), 2016; Ord. 854 § 2 (part), 2015; Ord. 826 § 2, 2010; Ord. 787 § 3, 2007; Ord. 801 §§ 3 – 7, 2007; Ord. 766 § 2 Exh. A (part), 2004).