CHAPTER 8.
DEFINITIONS

Sections:

Article 1.    General Provisions

9-8.101    Title, Purpose, and Applicability

9-8.102    General Terms

9-8.103    Specialized Definitions

Article 2.    General Definitions

9-8.201    “A” Terms

9-8.202    “B” Terms

9-8.203    “C” Terms

9-8.204    “D” Terms

9-8.205    “E” Terms

9-8.206    “F” Terms

9-8.207    “G” Terms

9-8.208    “H” Terms

9-8.209    “I” Terms

9-8.210    “J” Terms

9-8.211    “K” Terms

9-8.212    “L” Terms

9-8.213    “M” Terms

9-8.214    “N” Terms

9-8.215    “O” Terms

9-8.216    “P” Terms

9-8.217    “Q” Terms

9-8.218    “R” Terms

9-8.219    “S” Terms

9-8.220    “T” Terms

9-8.221    “U” Terms

9-8.222    “V” Terms

9-8.223    “W” Terms

9-8.224    “X” Terms

9-8.225    “Y” Terms

9-8.226    “Z” Terms

Article 1.    General Provisions

9-8.101 Title, Purpose, and Applicability.

The provisions of this chapter shall be known as the definitions. The purpose of these provisions is to promote consistency and precision in the interpretation of the planning regulations. The meaning and construction of words and phrases as set forth shall apply throughout the planning regulations, except where the context of such words and phrases clearly indicates a different meaning or construction. These definitions do not include use types, which are defined in Chapter 2, or specialized definitions as listed in Section 9-8.103. Definitions contained in the building regulations in Title 8 shall be applicable except when in conflict with definitions contained in these planning regulations, in which case the planning regulations definition shall prevail. For rules of construction of language, see Section 9-1.202.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

9-8.102 General Terms.

(a)    “Chief Building Official” or “Building Official” means the Chief Building Official of the City of Emeryville or his or her designee.

(b)    “City” means the City of Emeryville.

(c)    “City Attorney” means the City Attorney of the City of Emeryville or his or her designee.

(d)    “City Council” or “Council” means the City Council of the City of Emeryville.

(e)    “City Engineer” means the person designated to serve as the City Engineer of the City of Emeryville or his or her designee.

(f)    “City Manager” means the City Manager of the City of Emeryville or his or her designee.

(g)    “County” means the County of Alameda.

(h)    “Department” means the Planning and Building Department of the City of Emeryville.

(i)    “Director” means the Director of Planning and Building of the City of Emeryville or his or her designee.

(j)    “Federal” means the government of the United States of America.

(k)    “Fire Marshal” means the person designated to serve as the Fire Marshal of the City of Emeryville or his or her designee.

(l)    “General Plan” means the City of Emeryville General Plan adopted by the City Council by Resolution No. 09-208 on October 13, 2009, as it may be amended from time to time.

(m)    “Planning Commission” or “Commission” means the Planning Commission of the City of Emeryville.

(n)    “Planning regulations” or “these planning regulations” means Title 9 of the Emeryville Municipal Code, that is, this title.

(o)    “Subdivision regulations” means Chapter 6 of these planning regulations.

(p)    “State” means the State of California.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

9-8.103 Specialized Definitions.

Throughout these planning regulations, in various articles and sections, are specialized definitions pertaining to the topics covered by those articles and sections. Specialized definitions pertaining to the following topics, and the sections where they may be found, include:

(a)    Adult oriented businesses. See Section 9-5.309.

(b)    Affordable Housing Set-Aside Program. See Section 9-5.415.

(c)    Bicycle parking. See Section 9-4.408(g).

(d)    Density bonus for affordable housing. See Section 9-5.510.

(e)    Firearms and ammunition sales. See Section 9-5.607.

(f)    Hazardous waste facilities, off-site. See Section 9-5.702.

(g)    Mix of use groups. See Section 9-3.303(b)(2)(d).

(h)    Nuisance. See Section 9-7.1504.

(i)    Open Space.

(1)    Common open space. See Section 9-4.303(b)(3)(a).

(2)    Private residential open space. See Section 9-4.303(b)(2)(a).

(3)    Privately owned public open space. See Section 9-4.303(b)(4)(a).

(j)    Preservation of significant and residential structures. See Section 9-5.1211.

(k)    Reasonable accommodation. See Section 9-7.908.

(l)    Residential care facilities for the elderly. See Section 9-5.212(a).

(m)    Setbacks and yards. See Section 9-4.301(b).

(n)    Sidewalk cafes. See Section 9-5.1515.

(o)    Signs. See Section 9-5.1615.

(p)    Telecommunications facilities. See Section 9-5.1708.

(q)    Trees, small-, medium-, and large-canopy. See Section 9-4.503(h)(1).

(r)    Water use. See Section 9-4.605.

For convenience, cross-references to these specialized definitions are also included in Article 2 of this chapter.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

Article 2.    General Definitions

9-8.201 “A” Terms.

(a)    Abandoned bicycle (as pertains to Bicycle Parking). See Section 9-4.408(g)(1).

(b)    “Abutting” means having a common boundary. Parcels having no common boundary other than a common corner shall not be considered abutting. See also “adjacent.”

(c)    “Access” means the place, means, or way by which pedestrians, bicycles and vehicles have safe, adequate and usable ingress and egress to a property or use.

(d)    Accessory building. See under “Building.”

(e)    Accessory structure. See under “Structure.”

(f)    Accessory use. See under “Use.”

(g)    “Acre, gross” means a measure of total land area of a lot or site, including areas to be dedicated for public rights-of-way, streets, schools, or other dedications. It does not include the area of adjacent public rights-of-way that are not part of the site. One (1) acre equals forty-three thousand five hundred sixty (43,560) square feet.

(h)    Act (as pertains to reasonable accommodation). See Section 9-7.908(a).

(i)    “Adjacent” means having a boundary or lot line in common or separated only by an alley, street, highway or recorded easement. Parcels having no common boundary other than a common corner shall be considered adjacent. See also “abutting.”

(j)    Adjoining. See “Abutting.”

(k)    Adult arcade (as pertains to Adult Oriented Businesses). See Section 9-5.309(a)(1).

(l)    Adult bookstore (as pertains to Adult Oriented Businesses). See Section 9-5.309(a)(2).

(m)    Adult entertainment businesses (as pertains to Adult Oriented Businesses). See Section 9-5.309(a).

(n)    Adult motion picture theater (as pertains to Adult Oriented Businesses). See Section 9-5.309(a)(3).

(o)    Adult theater (as pertains to Adult Oriented Businesses). See Section 9-5.309(a)(4).

(p)    Affordable (as pertains to Affordable Housing Set-Aside Program). See Section 9-5.415(a).

(q)    Affordable (as pertains to density bonus for affordable housing). See Section 9-5.510(a).

(r)    “Alley” means a public way permanently reserved for secondary vehicular service access to the rear or side of properties otherwise abutting on a street.

(s)    “Alteration” means any change, addition, or modification in construction or appearance.

(t)    “Alternative energy” means solar panels, wind turbines, or other renewable sources of electricity.

(u)    “Americans with Disabilities Act (ADA)” means United States Public Law 101-336, 104 Stat. 327 (July 26, 1990), codified at 42 U.S.C. Section 12101 et seq.

(v)    Ammunition (as pertains to firearms and ammunition sales). See Section 9-5.607(a).

(w)    Animated sign (as pertains to sign types). See Section 9-5.1615(b)(1).

(x)    “Antenna” means any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves.

(y)    “Apartment” means a dwelling unit in a Two (2) Unit or Multi-Unit Residential structure that is not a condominium unit, and is typically not owner-occupied.

(z)    Applicant (as pertains to Affordable Housing Set-Aside Program). See Section 9-5.415(b).

(aa)    Applicant (as pertains to reasonable accommodation). See Section 9-7.908(b).

(bb)    Area median income (as pertains to Affordable Housing Set-Aside Program). See Section 9-5.415(c).

(cc)    At one (1) location (as pertains to Affordable Housing Set-Aside Program). See Section 9-5.415(d).

(dd)    “Attached structure” means a structure that has a wall in common with another structure or is connected to another structure by a continuous roof.

(ee)    “Awning” means a roof-like cover, often made of fabric, metal, or glass, designed and intended for protection from the weather or as a decorative embellishment, and which projects from a wall or roof of a structure, typically over a window or door.

(ff)    Awning sign (as pertains to sign types). See Section 9-5.1615(b)(2).

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 3 (part), Ord. 14-001, eff. Mar. 6, 2014)

9-8.202 “B” Terms.

(a)    “Balcony” means a platform that projects from the wall of a building thirty inches (30") or more above grade that is accessible from the building’s interior, is not accessible from the ground and is not enclosed by walls on more than two (2) sides, as further regulated at Section 9-4.303(b)(2). See also “Deck.”

(b)    Banner sign (as pertains to sign types). See Section 9-5.1615(b)(3).

(c)    Base zone. See “Zone, base.”

(d)    “Basement” means a nonhabitable space, as defined by the California Building Code, beneath the first or ground floor of a building, the ceiling of which does not extend more than four feet (4') above finished grade.

(e)    Bathhouse (as pertains to Adult Oriented Businesses). See Section 9-5.309(a)(5).

(f)    “Bedroom” means any room having the potential of being a bedroom and meeting the standards of the California Building Code as a sleeping room.

(g)    Bedroom(s) (as pertains to Affordable Housing Set-Aside Program). See Section 9-5.415(e).

(h)    “Bicycle” means a device upon which any person may ride, propelled exclusively by human power through a belt, chain, or gears, and having one (1) or more wheels, as defined in California Vehicle Code Section 231. A “bicycle” is not a “vehicle,” but, pursuant to California Vehicle Code Section 21200 et seq., a person riding a bicycle upon a highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle except those provisions which by their very nature can have no application.

(i)    Bicycle (as pertains to bicycle parking). See Section 9-4.408(g)(2).

(j)    Bicycle locker (as pertains to bicycle parking). See Section 9-4.408(g)(3).

(k)    Bicycle parking space (as pertains to bicycle parking). See Section 9-4.408(g)(4).

(l)    Blackwater (as pertains to water use). See Section 9-4.605(a).

(m)    Blade sign (as pertains to sign types). See Section 9-5.1615(b)(4).

(n)    “Block” means property bounded on all sides by a public right-of-way or shoreline.

(o)    “Boarding house” means any residential building or portion thereof where lodging is provided for compensation. Meals may or may not be provided, but there is a single common kitchen facility. This definition does not include Residential Care Facilities, Supportive Housing, Transitional Housing, Emergency Shelters, Hotels, Motels, or Bed and Breakfast facilities.

(p)    “Building” means any structure having a roof supported by columns or walls and used or intended for supporting or sheltering any use or occupancy, but not including a mobile home, manufactured home, commercial modular, recreational vehicle, or multifamily manufactured home.

(1)    “Accessory building” means a detached subordinate building, the use of which is incidental to that of the principal building or to the main use of the land and which is located on the same lot with the principal building or use.

(2)    “Principal building” means a building in which is conducted the principal use of the lot on which it is situated.

(q)    “Building Code” means the building regulations codified in Title 8.

(r)    Building footprint. See “Footprint.”

(s)    Building height. See “Height.”

(t)    Building intensity. See “Floor area ratio.”

(u)    Building site. See “Site.”

(v)    Business sign (as pertains to sign types). See Section 9-5.1615(b)(5).

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

9-8.203 “C” Terms.

(a)    “California Environmental Quality Act (CEQA)” means California Public Resources Code Section 21000 et seq., which requires public agencies to document and consider the environmental effects of a proposed project before making a decision on the project.

(b)    “Call for review” means a motion of the City Council to review a decision of the Planning Commission, processed in the same manner as an appeal by any other person. See Section 9-7.1406.

(c)    “Canopy” means a roofed shelter projecting over a sidewalk, driveway, entry, window, or similar area that may be wholly supported by a building or may be wholly or partially supported by columns, poles, or braces extending from the ground.

(d)    Canopy, tree. See “Tree canopy.”

(e)    “Carport” means a roofed space having no vehicle entrance door, enclosed on not more than two (2) sides, and designed, constructed and maintained for the parking or storage of one (1) or more motor vehicles.

(f)    CEQA. See “California Environmental Quality Act.”

(g)    CEQA Guidelines. See “State CEQA Guidelines.”

(h)    “Certificate of compliance” means a legal recorded document which certifies that a parcel of land complies with the Subdivision Map Act and the subdivision regulations of this title.

(i)    “Certificate of correction” means a legal recorded document used to make minor changes to a recorded final map or parcel map pursuant to the requirements of the Subdivision Map Act and the subdivision regulations of this title.

(j)    Changeable copy sign (as pertains to sign types). See Section 9-5.1615(b)(6).

(k)    Channel letters (as pertains to sign types). See Section 9-5.1615(b)(7).

(l)    Child care facility (as pertains to density bonus for affordable housing). See Section 9-5.510(b).

(m)    Cistern (as pertains to water use). See Section 9-4.605(b).

(n)    Co-location (as pertains to telecommunications facilities). See Section 9-5.1708(a).

(o)    Common interest development (as pertains to density bonus for affordable housing). See Section 9-5.510(c).

(p)    Common open space. See Section 9-4.303(b)(3)(a).

(q)    “Community apartment project” means a development in which an undivided interest in land is coupled with the right of exclusive occupancy of any apartment located thereon pursuant to California Civil Code Section 1351.

(r)    “Compatible” means that which is harmonious with and will not adversely affect surrounding buildings and/or uses.

(s)    Concession (as pertains to density bonus for affordable housing). See Section 9-5.510(d).

(t)    “Conditional use permit” means a discretionary planning permit that may be granted by the appropriate City of Emeryville authority to provide for the accommodation of land uses with special site or design requirements, operating characteristics, or potential adverse effects on surroundings, which are not permitted by right but which may be approved upon completion of a review process and, where necessary, the imposition of conditions of approval by the permit granting authority. See Article 5 of Chapter 7.

(u)    “Conditionally permitted use” means a use that is not permitted by right in the zoning district in which it is located but which may be allowed subject to the approval of a conditional use permit.

(v)    “Conditions of approval” means conditions imposed on a project as part of a discretionary planning permit that are deemed necessary by the permit granting authority to ensure that the project will comply with the General Plan, these planning regulations, and any other applicable City regulations.

(w)    “Condominium” means an undivided interest in common in a portion of real property coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map, parcel map, or condominium plan in sufficient detail to locate all boundaries thereof pursuant to California Civil Code Section 1351.

(x)    “Construction” means the on-site erection, fabrication, installation, alteration, demolition, or removal of any structure, facility, or addition thereto, including all related activities, including, but not limited to, clearing of land, earth moving, pile driving, and landscaping.

(y)    Construction sign (as pertains to sign types). See Section 9-5.1615(b)(8).

(z)    “Conversion” means a change in the characteristics of a use, including, but not limited to, a change of rental residential property to condominium units, a change of nonresidential property to residential use and vice versa, or a change of a Live/Work Unit to wholly residential or wholly nonresidential use.

(aa)    “Court” means an open space between facing exterior walls of residential buildings on the same lot, pursuant to the requirements of Section 9-4.302.

(bb)    “Covenants, conditions and restrictions” means limitations and rules placed on a group of homes or condominium units by a builder, developer, neighborhood association and/or homeowners’ association pursuant to California Civil Code, Division II, Part IV, Title 6.

(cc)    “Covenant of easement” means a recorded covenant of easement made by an owner of real property to the City of Emeryville pursuant to Article 8 of Chapter 6 for parking, ingress, egress, emergency access, light and air access, landscaping, or open-space purposes, as authorized by California Government Code Section 65870 et seq.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

9-8.204 “D” Terms.

(a)    “Deck” means a platform, either freestanding or attached to a building, that is supported by pillars or posts, but is not enclosed by walls or a roof, and that may be accessible from the ground. See also “Balcony.”

(b)    Declaration of covenants, conditions and restrictions. See “Covenants, conditions and restrictions.”

(c)    “Dedication” means the turning over by an owner or developer of private land for public use, and the acceptance of land for such use by the governmental agency having jurisdiction over the public function for which it will be used.

(d)    Demolish (as pertains to preservation of structures). See Section 9-5.1211(b).

(e)    “Demolition” means the intentional destruction of any structure.

(f)    Density, residential. See “Residential density.”

(g)    “Design review” means a discretionary planning permit involving the review of the design of proposed construction to ensure that it complies with adopted design guidelines and other design criteria. See Article 4 of Chapter 7.

(h)    “Detached structure” means a structure that is not connected to another structure either by a common wall or a continuous roof.

(i)    “Determination of merger” means a legal recorded document determining that two (2) or more lots are to be merged pursuant to the requirements of the Subdivision Map Act and the subdivision regulations of this title.

(j)    “Development” means any manmade change to improved or unimproved real estate, including, but not limited to, the division of a parcel of land into two (2) or more parcels; the construction, reconstruction, conversion, alteration, relocation, or enlargement of any structure; any excavation, landfill or land disturbance; and any use or extension of the use of land.

(k)    “Development agreement” means an agreement between the City of Emeryville and any person having a legal or equitable interest in real property for the development of such property and which complies with the applicable provisions of the California Government Code for such development agreements.

(l)    Disability (as pertains to reasonable accommodation). See Section 9-7.908(c).

(m)    Drive-in facility. See “Drive-through facility.”

(n)    “Drive-through facility” means a facility designed to enable persons to receive a service or purchase or consume goods while remaining within a motor vehicle, typically associated with banks, eating and drinking establishments, pharmacies, and other commercial uses, not including services or goods directly related to the motor vehicle, such as car washing or gasoline.

(o)    “Driveway” means an accessway that provides vehicular access to off-street parking or loading facilities.

(p)    “Dwelling” means a building or portion thereof used exclusively for residential purposes and accessory uses thereto, including One (1) Unit, Two (2) Unit, and Multi-Unit residential uses, but not including hotels, motels, boarding houses, residential care facilities, or other use types classified as Residential.

(q)    “Dwelling unit” means one (1) or more habitable rooms including provisions for sleeping, eating, cooking, and sanitation intended to be occupied by a single household.

(r)    Dwelling unit (as pertains to Affordable Housing Set-Aside Program). See Section 9-5.415(f).

(s)    “Dwelling, multiple” means a building or portion thereof used and designed as a residence for three (3) or more households living in independent dwelling units, including apartment houses and residential condominiums.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

9-8.205 “E” Terms.

(a)    “Easement” means the right to use property owned by another for specific purposes or to gain access to another property.

(b)    “Emeryville Design Guidelines” means the citywide design guidelines adopted by the City Council for use in the design review process of development projects, and for the review of other public improvement projects.

(c)    “Enlarged” means expanded or made larger.

(d)    Entry gateway sign (as pertains to sign types). See Section 9-5.1615(b)(9).

(e)    “Environmental impact report (EIR)” means a report that analyzes the environmental effects of a proposed project pursuant to the California Environmental Quality Act. An EIR, as opposed to a negative declaration or mitigated negative declaration, is required if there are potentially significant environmental effects of the project that cannot be mitigated to a level of insignificance.

(f)    “Environmental review” means a formal evaluation process under the California Environmental Quality Act to determine whether a proposed project may have a significant impact on the environment.

(g)    “Environmental site assessment” means a formal evaluation process to determine the probable existence of any hazardous waste on a property, including contamination of soil, groundwater, or surface water.

(h)    Equivalent financial value (as pertains to density bonus for affordable housing). See Section 9-5.510(e).

(i)    “Erect” means to build, construct, attach, hang, place, install, suspend or affix to or upon any surface, including the painting of wall signs.

(j)    Establishment (as pertains to Adult Oriented Businesses). See Section 9-5.309(d)(1).

(k)    “Exceptions to standards” means a discretionary planning permit involving minor deviations from dimensional and design standards when strict application would preclude an effective design solution improving livability, operational efficiency, or appearance, while fulfilling the basic intent of the applicable regulation. See Article 8 of Chapter 7.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

9-8.206 “F” Terms.

(a)    “Facade” means the portion of any exterior elevation of a building exposed to public view and extending vertically from the grade to the top of a parapet wall or eave, and horizontally across the entire width of the building elevation.

(b)    “Facility” means a building, structure, or any improvement to land such as a parking lot or sign.

(c)    “Factory-built housing” means a residential building, dwelling unit, or an individual dwelling room or combination of rooms, or building component, assembly, or system manufactured in such a manner that all concealed parts or processes of manufacture cannot be inspected before installation at the building site without disassembly, damage, or destruction of the part, including units designed for use as part of an institution for resident or patient care, which is either wholly manufactured or is in substantial part manufactured at an off-site location to be wholly or partially assembled on site in accordance with the California Building Code and other regulations adopted by the State Building Standards Commission pursuant to California Health and Safety Code Section 19990. Factory-built housing does not include a mobile home, as defined in California Health and Safety Code Section 18211, mobile accessory building or structure, as defined in Section 18213, a recreational vehicle, as defined in Section 18215.5, or a commercial coach, as defined in Section 18218.

(d)    “Family” means two (2) or more persons occupying a dwelling unit and living together as a single housekeeping unit and sharing common living, sleeping, cooking and eating facilities. Members of a family need not be related by blood but are distinguished from a group occupying a hotel, club, fraternity or sorority house.

(e)    “Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, technological, and other relevant factors.

(f)    “Fence” means an artificially constructed barrier of any material or combination of materials erected to enclose or screen an area of land.

(g)    “Final development plan” means a discretionary planning permit that describes in detail a development phase of a planned unit development, and that substantially conforms to the preliminary development plan for the planned unit development.

(h)    “Final map” means the map of a major subdivision in final form for recordation with the County Recorder, prepared in compliance with the Subdivision Map Act and the subdivision regulations of this title.

(i)    “Findings” means statements in support of the approval or denial of a permit application indicating the method by which the facts were analyzed and City policies were applied in reaching the conclusion to approve or deny the application.

(j)    Finished grade. See “Grade, finished.”

(k)    Firearm (as pertains to firearms and ammunition sales). See Section 9-5.607(c).

(l)    Fixed (as pertains to bicycle parking). See Section 9-4.408(g)(5).

(m)    “Floor area, gross” means the total horizontal enclosed area of all floors of a building within the surrounding exterior finish wall surfaces including mezzanines and interior balconies, but excluding the area of spaces having a height of less than seven feet (7'), nonhabitable basements, and the area used exclusively for vehicle parking and loading. “Gross floor area” includes residential uses except for projects approved prior to the adoption of these planning regulations.

(n)    “Floor area ratio (FAR)” means a measure of building intensity equal to the ratio of the total gross floor area of all buildings on a lot or building site to the area of the lot or building site.

(o)    “Footcandle” means a quantitative unit of measure of light output equal to the amount of light generated by one (1) candle at a distance of one (1) foot.

(p)    “Footprint” means the horizontal area, as seen in plan view, of a building or structure, measured from the outside of exterior walls and supporting columns, and excluding eaves.

(q)    Freedom of speech sign (as pertains to sign types). See Section 9-5.1615(b)(10).

(r)    “Freeway” means a highway to which the owners of abutting lands have no right or easement of access or only limited or restricted right or easement of access to or from their abutting lands.

(s)    Freeway-oriented sign (as pertains to sign types). See Section 9-5.1615(b)(11).

(t)    Frontage, public. See “Public frontage.”

(u)    Frontage, street. See “Street frontage.”

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

9-8.207 “G” Terms.

(a)    “Garage” means a building or structure, or part thereof, intended to be used for the parking and storage of vehicles.

(b)    “Glare” means the effect produced by a light source within the visual field that is sufficiently brighter than the level to which the eyes are adapted, such as to cause annoyance, discomfort or loss of visual performance and ability.

(c)    Grade. See “Grade, finished.”

(d)    “Grade, finished” means the final elevation of the ground surface after manmade alterations, such as grading, filling, or excavating, have been made.

(e)    Graywater (as pertains to water use). See Section 9-4.605(c).

(f)    Gross acre. See “Acre, gross.”

(g)    Gross floor area. See “Floor area, gross.”

(h)    “Ground floor” means the first floor of a building other than a basement, generally with direct access to the ground.

(i)    Ground sign (as pertains to sign types). See Section 9-5.1615(b)(12).

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

9-8.208 “H” Terms.

(a)    “Habitation” means regular and exclusive use of a space or structure for shelter and other residential purposes in a manner that is private and separate from another residence on the same lot.

(b)    “Hazardous material” means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment.

(c)    Hazardous waste facilities, off-site (as pertains to Hazardous Waste Facilities). See Section 9-5.702(a).

(d)    Hazardous waste facilities, permanent on-site (as pertains to Hazardous Waste Facilities). See Section 9-5.702(b)(2).

(e)    “Height” means the vertical distance from a point on the ground to a point directly above. See Section 9-4.202(b) for rules for measuring height of buildings and other structures.

(f)    High-rise identification sign (as pertains to sign types). See Section 9-5.1615(b)(13).

(g)    “Household” means all persons who occupy a dwelling unit as their usual place of residence.

(h)    Housing costs (as pertains to Affordable Housing Set-Aside Program). See Section 9-5.415(g).

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

9-8.209 “I” Terms.

(a)    “Illegal use” means a use of land, use of structure, lot, or structure that was not legally established under the regulations that were applicable at the time it was established, whether before or after the adoption of these planning regulations.

(b)    “Immobile populations” means populations posing special problems in cases of emergency evacuation, including schools, hospitals, convalescent homes, prisons, facilities for the mentally ill, day care centers, and homeless shelters.

(c)    Improvements. See “Public improvements.”

(d)    “Improvement agreement” means a legally binding contract between a developer or subdivider and the City providing for the construction of required improvements by the developer or subdivider.

(e)    “Improvement plans” means a complete set of plans, profiles, cross sections, and other drawings for all required improvements, together with a complete set of detailed specifications for the work, prepared according to City standards and specifications.

(f)    “In-lieu fee” means a cash payment required as a substitute for a dedication and/or improvement of land by an owner or developer of property.

(g)    Incentive (as pertains to density bonus for affordable housing). See Section 9-5.510(d).

(h)    Income eligibility (as pertains to Affordable Housing Set-Aside Program). See Section 9-5.415(h).

(i)    “Incompatible” means that which is not harmonious with and may adversely affect surrounding buildings and/or uses. See also “Use, incompatible, live-work” and “Use, incompatible, nonconforming.”

(j)    Intensity. See “Floor area ratio.”

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

9-8.210 “J” Terms.

[None.]

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

9-8.211 “K” Terms.

(a)    “Kitchen” means any room or space within a building intended to be used for the cooking or preparation of food.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

9-8.212 “L” Terms.

(a)    “Landscaping” means living vegetation, planted in the ground, including some combination of trees, ground cover, shrubs, vines, flowers, or lawns. In addition, the combination or design may include natural features such as rock and stone; and structural features, including, but not limited to, fountains, reflecting pools, artworks, screen walls, fences and benches, but not including swimming pools or spas.

(b)    Large-canopy trees (as pertains to landscaping of open parking lots). See Section 9-4.503(h)(1)(c).

(c)    “Light fixture” means the assembly that holds a lamp and may include an assembly housing, a mounting bracket or pole socket, a lamp holder, ballast, a reflector or mirrors, and a refractor or lens.

(d)    “Livestock” means domestic animals including, but not limited to, cattle, horses, sheep, hogs, and goats, raised for home use or for profit.

(e)    “Living room” means the principal room in a dwelling unit designed for general living purposes rather than for sleeping.

(f)    “Loading, off-street” means the portion of a site devoted to the loading or unloading of motor vehicles or trailers, including loading berths, aisles, access drives, and landscaped areas.

(g)    “Local-serving” means having a market area generally not exceeding one (1) mile in radius.

(h)    Long-term bicycle parking (as pertains to bicycle parking). See Section 9-4.408(g)(6).

(i)    “Lot” means a parcel, tract, or area of land whose boundaries have been established by a legal instrument such as a deed or map recorded with the County, and which is recognized as a separate legal entity for purposes of transfer of title, except public easements or rights-of-way. For development projects, “lot” refers to the entire site of an existing or proposed development, not to any individual properties that may comprise that site. The classification of lots is:

(1)    “Corner lot” means a lot abutting both of two (2) intersecting streets at their intersection.

(2)    “Interior lot” means a lot other than a corner lot.

(3)    “Through lot” means an interior lot having frontage on two (2) parallel or approximately parallel streets.

(j)    “Lot, abutting” means a lot having a common property line with the lot or public right-of-way in question.

(k)    “Lot area” means the area of a lot measured horizontally between bounding lot lines.

(l)    “Lot depth” means the average distance from the front lot line to the rear lot line measured in the general direction of the side lines.

(m)    “Lot, flag” means a lot so shaped that the main portion of the lot area does not have access to a street other than by means of a corridor having less than twenty feet (20') of width.

(n)    “Lot line” means any boundary of a lot. The classifications of lot lines are:

(1)    “Front lot line” means the lot line abutting a public street. Where more than one (1) lot line abuts a public street, the front shall be determined pursuant to Section 9-4.301(b)(2).

(2)    “Rear lot line” means the lot line most distant from and most closely parallel to the front lot line.

(3)    “Side lot line” means a lot line that is neither front nor rear.

a.    “Street side lot line” means a side lot line that abuts a street.

b.    “Interior side lot line” means a side lot line that does not abut a street.

(o)    “Lot line adjustment” means the changing of the boundary or boundaries between four (4) or fewer existing adjoining parcels, with no resulting change in the number of parcels, as provided in the subdivision map and the subdivision regulations of this title.

(p)    “Lot width” shall mean the average distance between the side lot lines, measured at right angles to the lot depth at quarter points between the front and rear lot lines.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

9-8.213 “M” Terms.

(a)    “Maintenance and repair” means the repair or replacement of an exterior facility or of nonbearing walls, fixtures, wiring, roof or plumbing that restores the character, scope, size or design of a structure to its previously existing, authorized, and undamaged condition.

(b)    “Major conditional use permit” means a conditional use permit subject to approval by the Planning Commission or City Council pursuant to Section 9-7.503(b).

(c)    “Major design review” means design review subject to approval by the Planning Commission or City Council pursuant to Section 9-7.404(b).

(d)    “Major subdivision” means a subdivision subject to approval by the Planning Commission pursuant to Article 2 of Chapter 6.

(e)    “Mansard” means a wall that has a slope equal to or greater than two vertical feet (2') for each horizontal foot and has been designed to look like a roof.

(f)    “Manufactured home” means a structure that was constructed on or after June 15, 1976, transportable in one (1) or more sections, which, in the traveling mode, is eight body feet (8') or more in width, or forty body feet (40') or more in length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that “manufactured home” shall include any structure which meets all the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under the National Manufactured Housing Construction and Safety Act of 1974. See also “Mobile home.”

(g)    Map Act. See “Subdivision Map Act.”

(h)    Market-rate unit (as pertains to Affordable Housing Set-Aside Program). See Section 9-5.415(i).

(i)    “Marquee” means a permanent roofed structure attached to and supported wholly by a building and projecting from the wall of the building, upon which changeable sign copy may be placed, and which often provides shelter at the attached building’s entrance.

(j)    Marquee sign (as pertains to sign types). See Section 9-5.1615(b)(14).

(k)    Medium-canopy trees (as pertains to landscaping of open parking lots). See Section 9-4.503(h)(1)(b).

(l)    “Mezzanine” means an intermediate floor within a building interior that is not completely enclosed by walls or partitions, that is not separated from the floor or level below by a wall, and that has a floor area no greater than one-third (1/3) of the total floor area of the floor below. (See also “Story.”)

(m)    “Minor conditional use permit” means a conditional use permit subject to approval by the Director of Planning and Building pursuant to Section 9-7.503(a).

(n)    “Minor design review” means design review subject to approval by the Director of Planning and Building pursuant to Section 9-7.404(a).

(o)    “Minor subdivision” means a subdivision subject to approval by the Director of Planning and Building pursuant to Article 3 of Chapter 6.

(p)    “Mitigated negative declaration” means a report that analyzes the environmental effects of a proposed project pursuant to the California Environmental Quality Act, that identifies potentially significant environmental effects of the project, and that also identifies mitigation measures sufficient to reduce all identified environmental effects to a level of insignificance.

(q)    “Mitigation measure” means an action that may be taken to reduce a potentially significant environmental effect of a project, as identified in a mitigated negative declaration or an environmental impact report. Mitigation measures are usually implemented through project conditions of approval.

(r)    Mix of use groups requirement. See Section 9-3.303(b)(2)(d).

(s)    Mixed use groups. See “Use, mixed use groups.”

(t)    “Mobile home” means a structure constructed prior to June 15, 1976, as defined in California Health and Safety Code Section 18008. See also “Manufactured home.”

(u)    Moderate, low and very low income households (as pertains to Affordable Housing Set-Aside Program). See Section 9-5.415(j).

(v)    Monument sign (as pertains to sign types). See Section 9-5.1615(b)(15).

(w)    Moving sign (as pertains to sign types). See Section 9-5.1615(b)(16).

(x)    Multiple dwelling. See “Dwelling, multiple.”

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

9-8.214 “N” Terms.

(a)    “Negative declaration” means a report that analyzes the environmental effects of a proposed project pursuant to the California Environmental Quality Act, and that identifies no potentially significant environmental effects of the project.

(b)    “Neighborhood center” means an area identified as a neighborhood center in the General Plan, as implemented through the NR Neighborhood Retail overlay zone at Section 9-3.404.

(c)    “Noise” means a sound or series of sounds that are intrusive, irritating, objectionable and/or disruptive to daily life.

(d)    Noncommercial sign (as pertains to sign types). See Section 9-5.1615(b)(17).

(e)    “Nonconforming lot” means a legal parcel of land having less area, frontage, or dimensions than required in the zoning district in which it is located. See Article 10 of Chapter 5, Nonconforming Uses and Structures.

(f)    “Nonconforming structure” means a building or structure, or portion thereof, which was lawfully erected or altered or maintained, but which, because of the application of these planning regulations to it, no longer conforms to the specific regulations applicable to the zoning district in which it is located. See Article 10 of Chapter 5, Nonconforming Uses and Structures.

(g)    “Nonconforming use” means the use of a building, structure, or site, or portion thereof, which was lawfully established and maintained, but which, because of the application of these planning regulations to it, no longer conforms to the specific regulations applicable to the zoning district in which it is located. See Article 10 of Chapter 5, Nonconforming Uses and Structures.

(h)    Nonpotable water uses (as pertains to water use). See Section 9-4.605(d).

(i)    “Notice of determination” means a required notice that must be filed with the Alameda County Clerk after a project has been approved for which a negative declaration, mitigated negative declaration, or environmental impact report was prepared, pursuant to the requirements of the California Environmental Quality Act.

(j)    “Notice of exemption” means an optional notice that may be filed with the Alameda County Clerk after a project has been approved that was determined to be exempt from environmental review, pursuant to the requirements of the California Environmental Quality Act.

(k)    “Notice of intention to determine status” means a legal recorded document which notifies the owner of two (2) or more abutting parcels that the City intends to consider merging those parcels, and that the property owner may request a hearing on the determination of status before the Planning Commission to present evidence that the property does not meet the criteria for merger, pursuant to the requirements of the Subdivision Map Act and the subdivision regulations of this title.

(l)    “Notice of violation” means a legal notice served on a property owner advising him or her of violations of these planning regulations or other provisions of the Emeryville Municipal Code and prescribing a time frame for the violation to be abated.

(m)    “Nuisance” is as defined in California Civil Code Division 4, Part 3. Specifically:

(1)    “Public nuisance” is as defined in California Civil Code Section 3480.

(2)    “Private nuisance” is as defined in California Civil Code Section 3481.

(n)    Nuisance declared. See Section 9-7.1504.

(o)    Nursery school. See Day Care Center use type at Section 9-2.317.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

9-8.215 “O” Terms.

(a)    “Occupied” means used, possessed, employed, or inhabited.

(b)    Off-site hazardous waste facilities (as pertains to Hazardous Waste Facilities). See Section 9-5.702(a).

(c)    Off-street parking. See “Parking, off-street.”

(d)    “On site” means located on the lot that is the subject of discussion.

(e)    “Open space” means an area that is open to the air and intended to provide high quality space for active and passive recreation. See Section 9-4.303 for open space types and regulations.

(f)    Open space, common. See Section 9-4.303(b)(3)(a).

(g)    Open space, private residential. See Section 9-4.303(b)(2)(a).

(h)    Open space, privately owned public (POPOS). See Section 9-4.303(b)(4)(a).

(i)    “Open storage” means any storage in any area which is unroofed or not contained on all sides by walls that are pierced only by windows, vents, or customary entrances and exits, and that is accessory to another use, as opposed to the principal use of “outdoor storage” defined at Section 9-2.425(b).

(j)    Operating agent of the City (as pertains to Affordable Housing Set-Aside Program). See Section 9-5.415(k).

(k)    Organization sign (as pertains to sign types). See Section 9-5.1615(b)(18).

(l)    Overlay zone. See “Zone, overlay.”

(m)    “Owner” means an individual, firm, association, organization, partnership, trust, company, corporation, or any other legal entity that owns or holds title to real property.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

9-8.216 “P” Terms.

(a)    “Parapet wall” means an extension of the main walls of a building above the roof level.

(b)    “Parcel” generally means the same as “lot,” except that “parcel” can sometimes refer to an Assessor’s parcel, which is not always the same as “lot” for development purposes. When evaluating an existing or proposed development, the term “lot” should be used, which applies to the entire site of the development, and not to any individual Assessor’s parcels that may comprise that site.

(c)    “Parcel map” means the map of a minor subdivision in final form for recordation with the County Recorder, prepared in compliance with the Subdivision Map Act and the subdivision regulations of this title.

(d)    “Parcel merger” means the combining of two (2) or more contiguous parcels of land into a single parcel pursuant to the requirements of the Subdivision Map Act and the subdivision regulations of this title.

(e)    “Parking” means the temporary storage of operable motor vehicles.

(f)    “Parking aisle” means an area within a parking facility intended to provide ingress and egress to parking spaces.

(g)    “Parking area” means any public or private land area or structure designed and used for parking motor vehicles, together with driveways, aisles, turning and maneuvering areas, and similar features, and landscaping.

(h)    “Parking lift” means a mechanical device that allows automobiles to be stacked vertically within the same horizontal space.

(i)    “Parking lot” means an off-street ground level area improved for the temporary storage of motor vehicles.

(j)    “Parking, off-street” means a parking area located on private or public property, and not on a street, including parking lots, carports, covered garages, and parking structures.

(k)    “Parking space” means an area reserved for the parking of a motor vehicle.

(l)    “Parking structure” means a structure or portion thereof composed of one (1) or more levels or floors used exclusively for the parking of motor vehicles. A parking structure may be totally below grade or either partially or totally above grade with those levels being either open or enclosed.

(m)    Parking, surface lot. See “Parking lot.”

(n)    Parklet (as pertains to sidewalk cafes). See Section 9-5.1515(a).

(o)    “Patio” means a level, surfaced area directly adjacent to a principal building without a permanent roof intended for outdoor lounging, dining, and the like.

(p)    Permanent on-site hazardous waste facilities (as pertains to Hazardous Waste Facilities). See Section 9-5.702(b)(2).

(q)    Permanent sign (as pertains to sign types). See Section 9-5.1615(b)(19).

(r)    “Permitted use” means a use that is permitted by right in the zoning district in which it is located but that is subject to any restrictions applicable to that zoning district.

(s)    “Person” means any individual, firm, association, organization, partnership, business trust, company, or corporation.

(t)    Person (as pertains to Adult Oriented Businesses). See Section 9-5.309(d)(2).

(u)    Person (as pertains to sidewalk cafes). See Section 9-5.1515(b).

(v)    “Persons with disabilities” means persons who have medical, physical, or mental conditions, disorders or disabilities as defined in the Federal Fair Housing Amendments Act or the California Fair Employment and Housing Act, that limit one (1) or more major life activities.

(w)    “Pervious surface” means an area maintained in its natural condition, or covered by a material that permits infiltration or percolation of water into the ground.

(x)    “Planned unit development” means a group of residential, commercial, industrial or institutional buildings, or a mixture thereof, and associated site improvements, designed to encourage the creative development of large sites so as to permit flexibility in physical design, achieve attractive designs which encourage large-scale site planning, and ensure that the applicable provisions of the General Plan are established early in the formation of such development proposals.

(y)    “Planning permit” means any discretionary permit for development and/or use of property granted pursuant to the requirements of these planning regulations, including design review, conditional use permits, temporary use permits, variances, exceptions to standards, and planned unit developments.

(z)    “Planted area” means an area covered by landscaping. See also “Landscaping.”

(aa)    Political sign (as pertains to sign types). See Section 9-5.1615(b)(20).

(bb)    POPOS (privately owned public open space). See Section 9-4.303(b)(4)(a).

(cc)    Potable water (as pertains to water use). See Section 9-4.605(e).

(dd)    “Preliminary development plan” means a discretionary planning permit that describes in general terms the overall design concept of a planned unit development.

(ee)    Preschool. See Day Care Center use type at Section 9-2.317.

(ff)    Preserve and reuse (as pertains to preservation of structures). See Section 9-5.1211(c).

(gg)    Primary use. See “Principal use.”

(hh)    Principal building. See under “Building.”

(ii)    Primary building. See “Principal building.”

(jj)    Principal use. See under “Use.”

(kk)    Private nuisance. See under “Nuisance.”

(ll)    Private residential open space. See Section 9-4.303(b)(2)(a).

(mm)     “Private or public property” means any parcel of land that is not within a public street right-of-way. Private property is land that is not owned by a public agency; public property is land that is owned by a public agency.

(nn)    “Private street” means a private thoroughfare that affords the principal means of access to abutting property and that is constructed and maintained by private parties.

(oo)    Privately owned public open space (POPOS). See Section 9-4.303(b)(4)(a).

(pp)    “Prohibited use” means a use that is not permitted in the zoning district in which it is located either by right or subject to the approval of a conditional use.

(qq)    “Project” means any proposal for a new or changed use or for new construction, alteration, or enlargement of any structure that is subject to the provisions of these planning regulations. This term also refers to any action that qualifies as a “project” as defined by the California Environmental Quality Act.

(rr)    Project (as pertains to Affordable Housing Set-Aside Program). See Section 9-5.415(l).

(ss)    Projecting sign (as pertains to sign types). See Section 9-5.1615(b)(21).

(tt)    “Public benefit” means a feature of a development project that is of benefit to the overall community, and for which bonus points may be awarded for floor area ratio, height, and/or residential density pursuant to Section 9-4.204.

(uu)    “Public frontage” means the facade of an establishment on which the main entrance is located and that either fronts on a public street or that is accessible to the public.

(vv)    “Public improvements” means public facilities constructed in conjunction with a development project or subdivision, including but not limited to streets, curbs, gutters, sidewalks, alleys, street trees, street lights, driveway approaches and transitions, right-of-way surfaces, pedestrian ways, bikeways, trails and greenways, parks, storm drainage, sanitary sewers, water supply, utilities, and fire hydrants.

(ww)     Public nuisance. See under “Nuisance.”

(xx)    “Public open space” means open space that is available to the general public.

(yy)    Public park (as pertains to Adult Oriented Businesses). See Section 9-5.309(d)(3).

(zz)    Public park (as pertains to firearms and ammunition sales). See Section 9-5.607(d).

(aaa)     “Public parking” means off-street parking that is available to the general public with or without a fee.

(bbb)     Public right-of-way (as pertains to sidewalk cafes). See Section 9-5.1515(c).

(ccc)     “Public street” means a public thoroughfare that has been or is intended to be dedicated for public use by motor vehicles, pedestrians, bicyclists, and public transit, and that affords the principal means of access to abutting property.

(ddd)     “Public utility” means a public utility as defined in California Public Utility Code Section 216.

(eee)     Publicly accessible (as pertains to bicycle parking). See Section 9-4.408(g)(7).

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 3 (part), Ord. 14-001, eff. Mar. 6, 2014)

9-8.217 “Q” Terms.

[None.]

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

9-8.218 “R” Terms.

(a)    Rack element (as pertains to bicycle parking). See Section 9-4.408(g)(8).

(b)    Rain barrel (as pertains to water use). See Section 9-4.605(f).

(c)    Rainwater capture (as pertains to water use). See Section 9-4.605(g).

(d)    “Reasonable accommodation” means a modification in the rules, policies, practices and procedures regulating the siting, funding, development or use of housing to make specific housing available to an individual with a disability, pursuant to Article 9 of Chapter 7.

(e)    “Recreational vehicle” means a vehicular unit that is designed as a temporary dwelling for travel, recreational, and vacation use, and which is either self-propelled, mounted on, or pulled by another vehicle, including but not limited to a travel trailer, camping trailer, truck camper, motor home, fifth-wheel trailer, or van.

(f)    Recycled water (as pertains to water use). See Section 9-4.605(i).

(g)    Recycled water project area (as pertains to water use). See Section 9-4.605(h).

(h)    “Regional-serving” means having a market area generally exceeding one (1) mile in radius.

(i)    Rehabilitated landscape (as pertains to water use). See Section 9-4.605(j).

(j)    Religious institution (as pertains to Adult Oriented Businesses). See Section 9-5.309(d)(4).

(k)    Religious institution (as pertains to firearms and ammunition sales). See Section 9-5.607(d).

(l)    Resale controls (as pertains to Affordable Housing Set-Aside Program). See Section 9-5.415(m).

(m)    “Reservation” means an area set aside in a subdivision for a park, recreational facility, fire station, library or other public use pursuant to the requirements of the Subdivision Map Act and the subdivision regulations of this title.

(n)    Residential care facilities for the elderly. See Section 9-5.212(a).

(o)    “Residential density” means the ratio of the number of dwelling units on a lot to the lot area in acres, rounded to the nearest whole number.

(p)    Residential structure (as pertains to preservation of structures). See Section 9-5.1211(d).

(q)    Restaurant (as pertains to sidewalk cafes). See Section 9-5.1515(d).

(r)    “Right-of-way” means a strip of land acquired by reservation, dedication, prescription or condemnation and occupied or intended to be occupied by a road, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer or other similar use.

(s)    Right-of-way (as pertains to bicycle parking). See Section 9-4.408(g)(9).

(t)    Roadway (as pertains to sidewalk cafes). See Section 9-5.1515(e).

(u)    Roof sign (as pertains to sign types). See Section 9-5.1615(b)(22).

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

9-8.219 “S” Terms.

(a)    “Satellite dish antenna” means a signal-receiving device, the purpose of which is to receive communications or other signals directly from satellites in earth orbit and from other extraterrestrial sources.

(b)    School (as pertains to Adult Oriented Businesses). See Section 9-5.309(d)(5).

(c)    School (as pertains to firearms and ammunition sales). See Section 9-5.607(f).

(d)    “Screening” means a wall or fence provided for the purpose of concealing a building or portion thereof, structure, or activity from neighboring areas or from the street. See Section 9-4.503(d) for required screening materials.

(e)    Secured bicycle parking (as pertains to bicycle parking). See Section 9-4.408(g)(10).

(f)    Senior citizen housing development (as pertains to density bonus for affordable housing). See Section 9-5.510(f).

(g)    “Senior housing” means housing that is restricted to older adults, in which at least one (1) resident of each unit must be a “senior citizen” as defined in California Civil Code Section 51.3.

(h)    Set-aside unit (as pertains to Affordable Housing Set-Aside Program). See Section 9-5.415(n).

(i)    Setback. See Section 9-4.301(b).

(j)    Shingle sign (as pertains to sign types). See Section 9-5.1615(b)(23).

(k)    Short-term bicycle parking (as pertains to bicycle parking). See Section 9-4.408(g)(11).

(l)    Sidewalk (as pertains to sidewalk cafes). See Section 9-5.1515(f).

(m)    Sidewalk cafe (as pertains to sidewalk cafes). See Section 9-5.1515(g).

(n)    Sidewalk cafe permit (as pertains to sidewalk cafes). See Section 9-5.1515(h).

(o)    Sign. See Section 9-5.1615(a).

(p)    Sign types. See Section 9-5.1615(b).

(q)    Significant structure (as pertains to preservation of structures). See Section 9-5.1211(a).

(r)    “Site” means a parcel or group of contiguous parcels that is in a single ownership or under unified control and is occupied or is proposed to be occupied by development in accordance with the provisions of these planning regulations. See also “Lot.”

(s)    Small-canopy trees (as pertains to landscaping of open parking lots). See Section 9- 4.503(h)(1)(a).

(t)    “Specific plan” means a plan for the systematic implementation of the General Plan for all or part of the area covered by the General Plan pursuant to the provisions of the California Government Code Section 65450 et seq.

(u)    Specified anatomical areas (as pertains to Adult Oriented Businesses). See Section 9-5.309(c).

(v)    Specified sexual activities (as pertains to Adult Oriented Businesses). See Section 9-5.309(b).

(w)    Square footage, gross. See “Floor area, gross.”

(x)    “State CEQA Guidelines” means guidelines that are prepared by the California Office of Planning and Research for implementation of the California Environmental Quality Act, and that are codified in California Code of Regulations Title 14, Section 15000 et seq.

(y)    “Statement of overriding considerations” means a statement explaining why any specific economic, legal, social, technological, or other benefits of a proposed project outweigh any unavoidable adverse environmental effects, and that the adverse environmental effects are therefore considered acceptable. A statement of overriding considerations is required to approve a project for which an environmental impact report has identified significant adverse environmental impacts that cannot be mitigated to a level of insignificance.

(z)    “Stock cooperative” means a development in which a corporation is formed or availed of, primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, and all or substantially all of the shareholders of the corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, pursuant to California Civil Code Section 1351.

(aa)    “Story” means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the upper surface of the roof above. A mezzanine with a floor area that exceeds one-third (1/3) of the total floor area of the floor or level below constitutes a story.

(bb)    Street. See “Private street” and “Public street.”

(cc)    “Street frontage” means that portion of a lot or parcel of land that borders a public street. As a linear dimension, “street frontage” means the length of the front and street side lot lines of a lot.

(dd)    “Street line” means the boundary between a street and a parcel of land.

(ee)    “Structure” means anything constructed or built, any edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner which require location on the ground, excepting outdoor areas such as patios, paved areas, walks, swimming pools, tennis courts, and similar recreation areas.

(1)    “Accessory structure” means a detached subordinate structure, used only as incidental to the principal structure on the same lot.

(2)    Primary structure. See “Principal structure.”

(3)    “Principal structure” means a structure housing the principal use of a site or functioning as the principal use.

(4)    “Temporary structure” means a structure without any foundation or footings and which is intended to be removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.

(ff)    “Subdivider” means any person who proposes to divide, or causes to be divided, real property into a subdivision for him or herself or for others.

(gg)    “Subdivision” means the division of any improved or unimproved land, shown on the latest equalized County assessment roll as a unit or as contiguous units, for the purposes 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 easements, or railroad rights-of-way. Subdivision shall include a condominium project or a community apartment project, as these terms are defined in California Civil Code Section 1351. Any conveyance of land to the City shall not be considered a division of land for the purposes of computing the number of parcels.

(hh)    “Subdivision Map Act” or “Map Act” means the act set forth in California Government Code Section 66410 et seq.

(ii)    “Sustainable design” means design that adheres to the principles of sustainable development.

(jj)    “Sustainable development” means development that maintains or enhances economic opportunity and community well-being while protecting and restoring the natural environment upon which people and economies depend. Sustainable development meets the needs of the present without compromising the ability of future generations to meet their own needs.

(kk)    “Swimming pool” means an artificial basin of water constructed or erected for wading or swimming.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

9-8.220 “T” Terms.

(a)    Tandem (as pertains to bicycle parking). See Section 9-4.408(g)(12).

(b)    “Tandem parking” means an arrangement of parking spaces such that one (1) or more spaces must be driven across in order to access another space or spaces. Parking lifts are considered tandem parking if it is necessary to remove one (1) vehicle from the lift to access another vehicle.

(c)    Temporary sign (as pertains to sign types). See Section 9-5.1615(b)(24).

(d)    “Temporary use permit” means a discretionary planning permit that may be granted by the Director of Planning and Building to allow a temporary use with any necessary conditions of approval. See Article 6 of Chapter 7.

(e)    Temporary use. See Section 9-2.104(b).

(f)    “Tentative map” means the preliminary map of a major subdivision to be reviewed and approved prior to the preparation of the final map in compliance with the Subdivision Map Act and the subdivision regulations of this title.

(g)    To engage in the business of selling, leasing or otherwise transferring any firearm or ammunition (as pertains to firearms and ammunition sales). See Section 9-5.607(b).

(h)    Tower sign (as pertains to sign types). See Section 9-5.1615(b)(25).

(i)    Transportable treatment units (TTU) (as pertains to Hazardous Waste Facilities). See Section 9-5.702(b)(1).

(j)    “Transportation demand management (TDM)” means a comprehensive strategy to reduce driving by promoting alternatives such as public transit, carpooling, bicycling, walking, and telecommuting.

(k)    “Tree canopy” means the area within the circumference of the dripline of a tree. See also Section 9-4.503(h)(1).

(1)    Large-canopy tree. See Section 9-4.503(h)(1)(c).

(2)    Medium-canopy tree. See Section 9-4.503(h)(1)(b).

(3)    Small-canopy tree. See Section 9-4.503(h)(1)(a).

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

9-8.221 “U” Terms.

(a)    Unit. See “Dwelling unit.”

(b)    “Universal design” means designing all products and the built environment to be aesthetic and usable to the greatest extent possible by everyone, regardless of their age, ability, or status in life.

(c)    “Use” means the purpose for which land or a building, structure, or facility is designed, arranged, or intended, or for which it is or may be occupied or maintained.

(1)    Accessory and Principal Uses.

a.    “Accessory use” means a use that is customarily associated with, and is incidental and subordinate in function and area to, the principal use and located on the same lot as the principal use except as otherwise expressly authorized by the provisions of these planning regulations. See Section 9-2.702 for uses that are always accessory uses.

b.    Primary use. See “Principal use.”

c.    “Principal use” means a use that fulfills a primary or predominant function of an establishment, institution, household, or other entity, or that most closely portrays the overall nature of an establishment. See Section 9-2.701 for uses of special concern that are always principal uses and Section 9-3.202 for the regulation of principal uses by zoning district.

(2)    Permanent and Temporary Uses.

a.    “Permanent use” means a use that is intended to be continuously ongoing at the same location for more than ninety (90) days. See Section 9-2.104(a).

b.    “Temporary use” means a use that is either not intended be ongoing for more than ninety (90) days, or that is not intended to be continuously ongoing. See Section 9-2.104(b).

(d)    “Use classification” means a system of classifying uses into a limited number of use types on the basis of common functional, product, or compatibility characteristics. See Chapter 2, Use Classification.

(e)    Use, incompatible, live-work. See Section 9-5.906.

(f)    Use, incompatible, nonconforming. See Section 9-5.1007.

(g)    “Use, mixed use groups” means groups of use types with similar characteristics for purposes of regulating development in the Mixed Use zones. See Article 8 of Chapter 2 for a list of mixed use groups.

(h)    Use groups, mix of. See Section 9-3.303(b)(2)(d).

(i)    Use permit. See “Conditional use permit.”

(j)    “Use type” means a category which classifies similar uses based on common functional, product, or compatibility characteristics.

(k)    “Utility undergrounding” means the relocation of electrical, telephone, cable television, and other utility wires from overhead poles to underground conduit.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

9-8.222 “V” Terms.

(a)    “Variance” means a discretionary planning permit that provides relief from the strict application of these planning regulations where strict application would deprive the property owner of privileges enjoyed by owners of similar properties because of the property’s unique and special conditions. See Article 7 of Chapter 7.

(b)    “Vehicle” means a device by which any person or property may be propelled, moved, or drawn upon a highway, except a device moved exclusively by human power or used exclusively upon stationary rails or tracks, as defined in California Vehicle Code Section 670, including any automobile, truck, motorcycle, camper, camp trailer, trailer, trailer coach, or similar conveyance, but not including bicycle.

(c)    “Vesting tentative map” means a tentative map for a subdivision, filed and processed in accordance with the provisions of Section 9-6.205, that has printed conspicuously on its face the words “Vesting Tentative Map” at the time it is filed, pursuant to the requirements of the Subdivision Map Act and the subdivision regulations of this title.

(d)    “Vibration” means a motion that repeatedly and rapidly reverses itself.

(e)    “Visible” means capable of being seen, whether or not legible, by a person of normal height and visual acuity.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

9-8.223 “W” Terms.

(a)    “Wall” means the vertical exterior surface of a building or structure; or a constructed solid barrier that encloses or borders a field, yard or lot and that limits its visibility and restricts the flow of air, light, and noise.

(b)    Wall sign (as pertains to sign types). See Section 9-5.1615(b)(26).

(c)    Window sign (as pertains to sign types). See Section 9-5.1615(b)(27).

(d)    Wireless Communications Antenna (as pertains to telecommunications facilities). See Section 9-5.1708(b).

(e)    Wireless Communications Facility (as pertains to telecommunications facilities). See Section 9-5.1708(c).

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

9-8.224 “X” Terms.

[None.]

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

9-8.225 “Y” Terms.

(a)    Yard. See Section 9-4.301(b).

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

9-8.226 “Z” Terms.

(a)    Zone. See “Zoning district.”

(b)    “Zone, base” means a basic zoning district regulating the use of land and establishing standards for development, the regulations of which shall apply uniformly within the district unless modified by the provisions of an overlay zone.

(c)    “Zone, overlay” means a zoning district mapped over a base zone, where certain additional requirements are superimposed upon the base zone and where the requirements of the base zone may or may not be altered.

(d)    “Zoning” means the division of the City into districts that specify use and development regulations that are uniform within each district.

(e)    “Zoning compliance review” means a ministerial procedure for reviewing new or expanded uses or structures to ensure that they comply with the applicable requirements of these planning regulations. See Article 3 of Chapter 7.

(f)    “Zoning district” means a base zone or overlay zone, as delineated on the zoning maps, in which use and development regulations are prescribed pursuant to the provisions of Chapter 3, “Zoning Districts.”

(g)    “Zoning maps” means the base zone and overlay zone maps at Sections 9-3.103(a) and 9-3.103(b), respectively.

(h)    “Zoning ordinance” or “zoning regulations” means Chapters 2 through 5 of these planning regulations.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)