Chapter 17.04


17.04.010    Definitions generally.

17.04.011    Access.

17.04.012    Access, lateral beach.

17.04.013    Access, vertical beach.

17.04.020    Agriculture.

17.04.030    Airport.

17.04.040    Alley.

17.04.045    Amusement center or arcade.

17.04.050    Apartments.

17.04.060    Apartment building.

17.04.070    Auto court.

17.04.080    Block.

17.04.090    Building.

17.04.100    Building, accessory.

17.04.110    Building, main.

17.04.120    Building site.

17.04.130    Bungalow courts or grouped dwellings.

17.04.131    Business service establishment.

17.04.132    CEQA.

17.04.140    Campgrounds.

17.04.150    Carport.

17.04.160    Cattle feed yard.

17.04.170    Club.

17.04.171    Coastal appeal zone.

17.04.172    Coastal development permit.

17.04.173    Coastal scenic view corridor.

17.04.174    Coastal Zone.

17.04.176    Commercial recreation, indoors.

17.04.180    Condominium conversion.

17.04.190    Condominium/planned development project.

17.04.200    Contractor’s yard.

17.04.210    Courts.    Marijuana cultivation.    Commercial cannabis activity.

17.04.211    Day care center, adult or child.

17.04.212    Day care home, large family.

17.04.213    Day care home, small family.

17.04.220    Density.

17.04.221    Development.

17.04.222    Disturbed area.

17.04.230    Domestic animal.

17.04.240    Drive-in business.

17.04.250    Drive-in restaurants.

17.04.260    Duplex.

17.04.265    Dwelling, efficiency or studio.

17.04.270    Dwelling group.

17.04.280    Dwelling, multiple.

17.04.290    Dwelling, one-family.

17.04.291    Dwelling unit, secondary.

17.04.292    Emergency shelter.

17.04.300    Family.

17.04.301    Feasible.

17.04.302    Fitness and health establishment.

17.04.303    Foster home or foster care home.

17.04.310    Garage, private.

17.04.320    Garage, public.

17.04.330    Garage, storage.

17.04.340    Golf course, practice fairway.

17.04.350    Golf course, regulation.

17.04.360    Golf course, short.

17.04.370    Golf course, three-par.

17.04.380    Guest house.

17.04.390    Guest room.

17.04.391    Habitat, primary.

17.04.392    Habitat, secondary.

17.04.400    Height of building.

17.04.410    Hog ranch, commercial.

17.04.421    Home occupation.

17.04.430    Hotel.

17.04.431    Hotel, residential.

17.04.440    Hotel, resort.

17.04.442    Junkyard.

17.04.443    Live-work unit.

17.04.451    Local coastal implementation plan (LCIP).

17.04.452    Local coastal land use plan (LCLUP).

17.04.453    Local coastal program (LCP).

17.04.455    Lot, corner.

17.04.460    Lot, reverse frontage.

17.04.462    Marijuana dispensary.

17.04.463    Medical marijuana dispensary.

17.04.465    Membership organization facilities.

17.04.470    Mobile home.

17.04.480    Mobile home park.

17.04.490    Nonconforming building.

17.04.500    Nonconforming use.

17.04.510    One ownership.

17.04.515    Open space, common.

17.04.516    Open space, private.

17.04.520    Parking space.

17.04.530    Poultry farms.

17.04.531    Rare and endangered species.

17.04.540    Refreshment stand.

17.04.542    Residential care home or residential care facility.

17.04.550    Restaurant.

17.04.560    Rest home.

17.04.570    Rooming or boarding house.

17.04.580    Sign.

17.04.590    Sign, appurtenant.

17.04.600    Sign, directional and informational.

17.04.610    Sign, outdoor advertising.

17.04.612    Single-room occupancy (SRO) units.

17.04.615    Site coverage.

17.04.620    Street line.

17.04.630    Small livestock farming.

17.04.640    Story.

17.04.650    Street, public.

17.04.660    Structural alterations.

17.04.670    Structural walls.

17.04.680    Structure.

17.04.690    Structure, outdoor advertising.

17.04.695    Structure, portable personal recreation.

17.04.696    Structure, non-portable personal recreation.

17.04.697    Studio—Art, dance, martial arts, music, etc.

17.04.698    Supportive housing.

17.04.699    Target population.

17.04.700    Trailer.

17.04.710    Trailer camp.

17.04.711    Transitional housing.

17.04.720    Use.

17.04.730    Use, accessory.

17.04.745    Vacation club.

17.04.750    Wild animal.

17.04.760    Yard.

17.04.770    Yard, front.

17.04.780    Yard, rear.

17.04.790    Yard, side.

*    Prior ordinance history: Ords. 77-10, 79-11, 82-11 and 82-14.

17.04.010 Definitions generally.

A.    All words used in the present tense shall include the future tenses; all words in the plural number shall include the singular; and all words in the singular number shall include the plural number, unless the natural construction of the wording indicates otherwise. The word “shall” is mandatory and not directory. The word “city” shall mean city of Marina, the words “city council” shall mean city council of Marina, the words “planning commission” shall mean the planning commission of Marina.

B.    For the purpose of this title, certain terms used herein are defined as follows in this chapter. (Zoning ordinance dated 7/94 (part), 1994)

17.04.011 Access.

“Access” means an opening in a fence, wall or structure, or a walkway or driveway permitting pedestrian or vehicular approach to, or within, any structure or use. (Zoning ordinance dated 7/94 (part), 1994)

17.04.012 Access, lateral beach.

“Lateral access beach” means continuous access along the beach parallel to the mean high tide line. (Zoning ordinance dated 7/94 (part), 1994)

17.04.013 Access, vertical beach.

“Vertical access beach” means perpendicular access from the nearest public roadway to the sandy beach frontage and/or mean high tide lines. (Zoning ordinance dated 7/94 (part), 1994)

17.04.020 Agriculture.

“Agriculture” means the art or science of cultivating the ground, including harvesting of crops and rearing and management of livestock; tillage; husbandry; farming; horticulture; and forestry; the science and art of the production of plants and animals useful to man. (Zoning ordinance dated 7/94 (part), 1994)

17.04.030 Airport.

“Airport” means a place, either on land or on water, where aircraft may land and take off and where additional space may be provided to discharge or receive cargoes and passengers, make repairs or take in fuel. (Zoning ordinance dated 7/94 (part), 1994)

17.04.040 Alley.

“Alley” means a passage or way open to public travel, affording a secondary means of access to abutting lots and not intended for general traffic circulation. (Zoning ordinance dated 7/94 (part), 1994)

17.04.045 Amusement center or arcade.

“Amusement center or arcade” means any business, use or structure which contains three or more games of chance, skill or science and/or viewing machines which may or may not be coin operated and whether or not the operation of said games or machines is the main business conducted therein. (Zoning ordinance dated 7/94 (part), 1994)

17.04.050 Apartments.

“Apartment” means a room or suite of two or more rooms, which is designated for, intended for, or occupied by one family doing its cooking therein. (Zoning ordinance dated 7/94 (part), 1994)

17.04.060 Apartment building.

“Apartment building” means any structure containing more than two dwelling units. (Zoning ordinance dated 7/94 (part), 1994)

17.04.070 Auto court.

“Auto court” means a group of two or more buildings, containing guest rooms or apartments with automobile storage space serving such rooms or apartments provided in connection therewith, which group is designed and used primarily for the accommodation of transient automobile travelers (also includes motels). (Zoning ordinance dated 7/94 (part), 1994)

17.04.080 Block.

“Block” means that property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets and railroad right-of-way, unsubdivided acreage, watercourse or body of water. (Zoning ordinance dated 7/94 (part), 1994)

17.04.090 Building.

“Building” means any structure built entirely of frame or more lasting type of construction, having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of any person, animal or chattel, but not including any tent or trailer. (Zoning ordinance dated 7/94 (part), 1994)

17.04.100 Building, accessory.

“Accessory building” means a subordinate building, the use of which is incidental to that of a main building on the same building site. (Zoning ordinance dated 7/94 (part), 1994)

17.04.110 Building, main.

“Main building” means a building in which is conducted the principal use of the building site on which it is situated. In any residential district, any dwelling, except for a detached secondary dwelling unit, shall be deemed to be a main building, or part of a main building, on the building site on which the same is situated. (Ord. 2003-09 § 1 (part), 2003: zoning ordinance dated 7/94 (part), 1994)

17.04.120 Building site.

“Building site” means a parcel of land occupied or intended to be occupied by main buildings and accessory buildings and uses, including such open spaces as are provided or are intended to be used in connection therewith or are required by the regulations for the district wherein such parcel is located. (Zoning ordinance dated 7/94 (part), 1994)

17.04.130 Bungalow courts or grouped dwellings.

“Bungalow courts or grouped dwellings” means a combination or group of two or more detached or semidetached dwellings or dwelling units and their accessory buildings occupying an integrally owned building site and used for nontransient living accommodations. (Zoning ordinance dated 7/94 (part), 1994)

17.04.131 Business service establishment.

“Business service establishment” means an establishment within a building that provides services to other businesses. Examples of these services include: blueprinting, computer-related services, copying and quick-printing, film processing and retail photofinishing, mailing and mailbox services, and security systems services. (Ord. 2006-03 § 1 (Exh. A (part)), 2006)

17.04.132 CEQA.

“CEQA” means the California Environmental Quality Act of 1970, setting forth requirements for governmental agencies at all levels to develop standards and procedures necessary to protect environmental quality, and setting forth regulations for environmental impact reports (EIR). (Zoning ordinance dated 7/94 (part), 1994)

17.04.140 Campgrounds.

“Campgrounds” means land or premises which is used or intended to be used, let or rented for occupancy by campers traveling by automobile or otherwise, or for occupancy by tents or similar quarters. (Zoning ordinance dated 7/94 (part), 1994)

17.04.150 Carport.

“Carport” means an accessible and usable covered parking space not less than nine feet by twenty feet for the storage of automobiles. (Zoning ordinance dated 7/94 (part), 1994)

17.04.160 Cattle feed yard.

“Cattle feed yard” means any premises on which cattle are held or maintained for the purpose of feeding and fattening for market and where sixty percent or more of the feed for such cattle is imported or purchased. (Zoning ordinance dated 7/94 (part), 1994)

17.04.170 Club.

“Club” means all clubs except those, the chief activity of which is a service customarily carried on as a business. (Zoning ordinance dated 7/94 (part), 1994)

17.04.171 Coastal appeal zone.

“Coastal appeal zone” means that geographical area between the sea and first public road paralleling the sea or within three hundred feet of the inland extent of any beach or within three hundred feet of the mean high tide lines of the sea where there is no beach, whichever is the greater distance. Furthermore, tidelands; submerged lands; public trust lands within one hundred feet of any wetland, estuary, stream, or within three hundred feet of the top of seaward face of any coastal bluff are also included. (Zoning ordinance dated 7/94 (part), 1994)

17.04.172 Coastal development permit.

“Coastal development permit” means a permit issued for development within the Coastal Zone as required by this chapter. (Zoning ordinance dated 7/94 (part), 1994)

17.04.173 Coastal scenic view corridor.

“Coastal scenic view corridor” means an area in which development is sited and designed to protect public views to the dunes and to and along the shorelines and, in scenic coastal areas in order to minimize the alteration of landforms so that new development will be visually compatible with the character of the surrounding areas. (Zoning ordinance dated 7/94 (part), 1994)

17.04.174 Coastal Zone.

“Coastal Zone” means that portion of the city of Marina defined by the California Public Resource Code Sections 30103 and 30160 as being in the Coastal Zone, generally State Highway Route 1, the area west of Highway 1 and portions of the area between Del Monte Boulevard and Highway 1 generally including coastal dunes, vernal ponds and adjacent lands either undeveloped or under cultivation in 1979. (Zoning ordinance dated 7/94 (part), 1994)

17.04.176 Commercial recreation, indoors.

“Commercial recreation facility — indoor” means establishments providing indoor amusement and entertainment services for a fee or admission charge, including: bowling alleys, amusement and electronic game arcades, ice skating and roller skating rinks, pool and billiard rooms as a primary use.

This use does not include adult entertainment businesses, or night clubs, which are separately defined. Four or more electronic games or coin-operated amusements in any establishment, or a premise 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. (Ord. 2006-03 § 1 (Exh. A (part)), 2006)

17.04.180 Condominium conversion.

“Condominium conversion” means the development or use of land and existing rental structures as a condominium/planned development project, regardless of whether any improvements have been made to such structures. (Ord. 2004-13 § 1 (part), 2004: zoning ordinance dated 7/94 (part), 1994)

17.04.190 Condominium/planned development project.

“Condominium/planned development project” means any or all of the following:

A.    Two or more proposed condominiums, as defined in Section 783 of the California Civil Code;

B.    The entire parcel of real property divided, or to be divided, into condominiums, including all existing or proposed structures therein;

C.    A community apartment project, as defined in Section 11004 of the Business and Professions Code, containing two or more rights of exclusive occupancy;

D.    A planned development, as defined in Section 11003 of the Business and Professions Code, containing two or more rights of exclusive occupancy;

E.    A stock cooperative, as defined in Section 11003.2 of the Business and Professions Code, containing two or more rights of exclusive occupancy;

F.    A residential subdivision development, containing two or more rights of exclusive occupancy. (Ord. 2004-13 § 1 (part), 2004: zoning ordinance dated 7/94 (part), 1994)

17.04.200 Contractor’s yard.

“Contractor’s yard” means any land and/or buildings used primarily for the storage of equipment, vehicles, materials or components used in the conduct of any building trades or craft. (Zoning ordinance dated 7/94 (part), 1994)

17.04.210 Courts.

“Courts” means an open, unoccupied space, other than a yard, on the same lot with a building or group of buildings and which is bounded on two or more sides by such building or buildings. (Zoning ordinance dated 7/94 (part), 1994) Marijuana cultivation.

“Marijuana cultivation” means the planting, growing, harvesting, drying or processing of marijuana plants or any part thereof, and any and all associated business and/or operational activities. (Ord. 2016-01 § 1, 2016) Commercial cannabis activity.

“Commercial cannabis activity” is as defined by subpart (k) of California Business and Professions Code Section 19300.5. (Ord. 2016-01 § 2, 2016)

17.04.211 Day care center, adult or child.

“Day care center, adult or child” means a commercial or nonprofit child or adult day care facility, other than a family day care home, that provides nonmedical care on less than a twenty-four hour basis for fifteen or more children or seven or more adults. Includes infant centers, preschools, school-age day care facilities, and facilities for adults who require supervision and care because of mental and/or physical condition. These may be operated in conjunction with a school, religious facility, business, or as an independent land use. (Ord. 2006-03 § 1 (Exh. A (part)), 2006)

17.04.212 Day care home, large family.

“Large family day care home” means a single-family dwelling in which the occupant provides care and supervision of between nine to fourteen children, inclusive, at any time for periods of less than twenty-four hours a day in accordance with a state license. Children under the age of ten years who reside in the home count as children served by the day care provider. (Ord. 2006-03 § 1 (Exh. A (part)), 2006)

17.04.213 Day care home, small family.

“Small family day care home” means a dwelling in which the occupant provides care and supervision for eight or fewer children or six or fewer adults for periods of less than twenty-four hours a day in accordance with a state license. Children under the age of ten years who reside in the home count as children served by the day care provider. (Ord. 2006-03 § 1 (Exh. A (part)), 2006)

17.04.220 Density.

“Density” means the ratio of family living units to acreage. (Zoning ordinance dated 7/94 (part), 1994)

17.04.221 Development.

“Development” means, on land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredge materials or waste; grading, removing, dredging, mining or extraction of any materials; change in the density or intensity of use of land including subdivision and any other division of land except where division occurs as a result of purchase by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition or alteration of the size of any structure; the removal or harvesting of major vegetation other than for agricultural purposes or kelp harvesting; and the civilian reuse of former United States military land. (Ord. 97-12 § 1 (part), 1997: zoning ordinance dated 7/94 (part), 1994)

17.04.222 Disturbed area.

“Disturbed area” means terrain that has been substantially altered by erosion, grading, mining, excavation or other natural or man-made causes to the extent that none or very little of the native vegetation and/or natural landform remains. (Zoning ordinance dated 7/94 (part), 1994)

17.04.230 Domestic animal.

“Domestic animal” means animals normally maintained in a home as pets. (Zoning ordinance dated 7/94 (part), 1994)

17.04.240 Drive-in business.

“Drive-in business” means any primary or subsidiary business in which business is transacted while the consumer is seated in or on a motor vehicle. (Zoning ordinance dated 7/94 (part), 1994)

17.04.250 Drive-in restaurants.

“Drive-in restaurants” means a restaurant where food and beverages are sold and served to customers in motor vehicles and which are regularly and customarily consumed in motor vehicles on the premises. (Zoning ordinance dated 7/94 (part), 1994)

17.04.260 Duplex.

“Duplex” means a detached building, under one roof, designed for or occupied exclusively by, two families living independently of each other. (Zoning ordinance dated 7/94 (part), 1994)

17.04.265 Dwelling, efficiency or studio.

“Efficiency dwelling or studio” means a compact unit within a multiple-dwelling building having kitchen and bathroom facilities in compliance with the provisions of the California Uniform Building Code, Section 310.7. (Ord. 2006-03 § 1 (Exh. A (part)), 2006)

17.04.270 Dwelling group.

“Dwelling group” means a group of two or more detached or semidetached one-family, two-family or multiple-family dwellings occupying a parcel of land in one ownership and having any yard or court in common. (Zoning ordinance dated 7/94 (part), 1994)

17.04.280 Dwelling, multiple.

“Multiple dwelling” means a building or portion thereof, used or designed as a residence for three or more families living independently of each other, and doing their own cooking in said building, including apartment houses, apartment hotels and flats, but not including automobile courts. (Zoning ordinance dated 7/94 (part), 1994)

17.04.290 Dwelling, one-family.

“One-family dwelling” means a detached building designed for, or occupied exclusively by, one family with facilities for living, sleeping, cooking and eating, but containing only one kitchen. (Zoning ordinance dated 7/94 (part), 1994)

17.04.291 Dwelling unit, secondary.

“Secondary dwelling unit” means an attached or detached dwelling unit sited on the same parcel as the main building and which provides complete independent living facilities for one or two persons, including permanent provisions for living, sleeping, eating, cooking, sanitation and laundry hook-ups. (Ord. 2003-09 § 1 (part), 2003)

17.04.292 Emergency shelter.

“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. (Ord. 2011-03 § 1 (part), 2011)

17.04.300 Family.

“Family” means one or more persons occupying a premises and living as a single nonprofit housekeeping unit, as distinguished from a group occupying a hotel, club, fraternity or sorority house. A family shall be deemed to include necessary servants. (Zoning ordinance dated 7/94 (part), 1994)

17.04.301 Feasible.

“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 as they relate to the area or land under consideration. (Zoning ordinance dated 7/94 (part), 1994)

17.04.302 Fitness and health establishment.

“Fitness and health establishment” means commercial or nonprofit facilities, such as fitness centers and health and athletic clubs, oriented toward promoting physical health. Such facilities can include any of the following: gymnasium, swimming pool, exercise equipment, indoor sauna, spa or hot tub facilities; indoor tennis, handball, racquetball, and other indoor sports activities. (Ord. 2006-03 § 1 (Exh. A (part)), 2006)

17.04.303 Foster home or foster care home.

“Foster home or foster care home” means the residence of a family in which no more than six children of sixteen years of age or younger are cared for as foster children under a license of the county department of social services. (Ord. 2006-03 § 1 (Exh. A (part)), 2006)

17.04.310 Garage, private.

“Private garage” means an accessible and usable enclosed covered parking space not less than nine feet by twenty feet for the storage of automobiles. (Zoning ordinance dated 7/94 (part), 1994)

17.04.320 Garage, public.

“Public garage” means any premises, except those herein defined as a private or storage garage, used for the storage and/or repair of motor vehicles or where any such vehicles are equipped for operation or repair, or kept for remuneration, hire, or sale. (Zoning ordinance dated 7/94 (part), 1994)

17.04.330 Garage, storage.

“Storage garage” means any premises, except those herein defined as a private garage, used exclusively for the storage of motor vehicles. (Zoning ordinance dated 7/94 (part), 1994)

17.04.340 Golf course, practice fairway.

“Practice fairway golf course” means a practice and instructional facility for golf purposes. It shall not include any concessions or commercial sale of merchandise. (Zoning ordinance dated 7/94 (part), 1994)

17.04.350 Golf course, regulation.

“Regulation golf course” means a golf course whose minimum total length for nine holes is three thousand yards and for eighteen holes is six thousand yards. (Zoning ordinance dated 7/94 (part), 1994)

17.04.360 Golf course, short.

“Short golf course” means a golf course whose minimum total length is five thousand yards, with some holes over two hundred fifty yards. (Zoning ordinance dated 7/94 (part), 1994)

17.04.370 Golf course, three-par.

“Three-par golf course” means a golf course in which the longest hole does not exceed two hundred fifty yards. (Zoning ordinance dated 7/94 (part), 1994)

17.04.380 Guest house.

“Guest house” means a detached living quarters with permanent provisions for sleeping and sanitation, but without kitchens or cooking facilities, clearly subordinate and incidental to the main building on the same building site, and not to be rented, let or leased, whether compensation be direct or indirect. (Ord. 2003-09 § 1 (part), 2003: zoning ordinance dated 7/94 (part), 1994)

17.04.390 Guest room.

“Guest room” means a room which is intended, arranged or designed to be occupied or which is occupied by guests, but in which no provision is made for cooking, and not including dormitories for sleeping purposes. (Zoning ordinance dated 7/94 (part), 1994)

17.04.391 Habitat, primary.

This term includes all of the environmentally sensitive areas in Marina. These are as follows:

A.    Habitat for all identified plant and animal species which are rare, endangered, threatened, or are necessary for the survival of an endangered species. These species will be collectively referred to as “rare and endangered”;

B.    Vernal ponds and their associated wetland vegetation. The Statewide Interpretive Guideline for Wetlands and Other Wet Environmentally Sensitive Habitat Areas (California Coastal Commission, February 14, 1981) contains technical criteria for establishing the inland boundary of wetland vegetation;

C.    All native dune vegetation, where such vegetation is extensive enough to perform the special role of stabilizing Marina’s natural sand dune formations. (Zoning ordinance dated 7/94 (part), 1994)

17.04.392 Habitat, secondary.

This term refers to areas adjacent to primary habitat areas within which development must be sited and designed to prevent impacts which would significantly degrade the primary habitat. The secondary habitat area will be presumed to include the following, subject to more precise determination upon individual site investigation:

A.    The potential/known localities of rare and endangered plant species as shown on “Disturbed Vegetation” map in the Marina local coastal program;

B.    The potential wildlife habitats as shown on “Potential Wildlife Habitats” map in the Marina local coastal program;

C.    Any area within one hundred feet of the landward boundary of a wetland primary habitat area. (Zoning ordinance dated 7/94 (part), 1994)

17.04.400 Height of building.

“Height of building” means the vertical distance from natural grade at the average of the highest and lowest points of the building site covered by the building, to the topmost point of the roof. (Zoning ordinance dated 7/94 (part), 1994)

17.04.410 Hog ranch, commercial.

“Commercial hog ranch” means any premises on which hogs are raised or maintained and said hogs are fed by the purchase or import of swill, garbage, vegetables or fruit. (Zoning ordinance dated 7/94 (part), 1994)

17.04.421 Home occupation.

“Home occupation” means any gainful occupation carried out within, and by any occupant of a dwelling unit, including but not limited to: handicrafts and similar activities, office use for a variety of types of businesses and occupations; teaching when limited to attendance of one pupil at a time; sales and other like occupancies which meet all of the conditions specified in Section 17.06.110. (Ord. 2001-06 § 1 (part), 2001)

17.04.430 Hotel.

“Hotel” means establishments offering lodging to transient patrons. These establishments may provide additional services, such as conference and meeting rooms, restaurants, bars, or recreation facilities available to guests or to the general public. This classification includes, auto courts motor lodges, motels, hostels, extended-stay hotels, and tourist courts, but does not include rooming hotels, boarding houses, or residential hotels designed or intended to be used for sleeping for a period of thirty consecutive days or longer. This classification also excludes bed and breakfast facilities and similar accommodations that an occupant of single-family housing provides on the same premises incidental to the primary residential use of the property. (Ord. 2004-04 § 1 (Exh. 1 (part)), 2004: Ord. 2004-03 § 1 (part), 2004: zoning ordinance dated 7/94 (part), 1994)

17.04.431 Hotel, residential.

“Residential hotel” means those establishments offering rooms for rent to transient patrons and for semi-transient or permanent residents on a weekly or monthly basis and may include a kitchen or kitchenette. (Ord. 2004-04 § 1 (Exh. 1 (part)), 2004: Ord. 2004-03 § 1 (part), 2004)

17.04.440 Hotel, resort.

“Resort hotel,” as distinguished from an auto court or motel, means a hotel designed primarily for the convenience of transient guests, with a minimum of ten percent of the total area maintained for landscaping, with accessory recreational components as well as service and/or other associated uses such as a full-service restaurant and meeting rooms, and which may include a vacation club and/or kitchen or kitchenette units not limited to a percentage of total units nor limited to three hundred fifty square feet or less of gross floor area for each such unit. (Ord. 96-7 § 1 (part), 1996: zoning ordinance dated 7/94 (part), 1994)

17.04.442 Junkyard.

“Junkyard” means the use of more than two hundred square feet of the area of any parcel, lot or contiguous lots, for the storage of junk, including scrap metals or other scrap materials, and/or for the dismantling or wrecking of automobiles or other vehicles or machinery. (Zoning ordinance dated 7/94 (part), 1994)

17.04.443 Live-work unit.

“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 city building code; and (2) working space reserved for and regularly used by one or more occupants of the unit. A live-work unit is intended to be occupied by business operators who live in the same building that contains the commercial activity. (Ord. 2006-03 § 1 (Exh. A (part)), 2006)

17.04.451 Local coastal implementation plan (LCIP).

“Local coastal implementation plan (LCIP)” means that report, adopted by the council and certified by the State Coastal Commission, which describes various administrative and legal procedures to be pursued to carry out the local coastal land use plan. (Zoning ordinance dated 7/94 (part), 1994)

17.04.452 Local coastal land use plan (LCLUP).

“Local coastal land use plan (LCLUP)” means that report, adopted by the council and certified by the State Coastal Commission, which, in response to the Coastal Act of 1976 contains maps, planning area text, public access component policies and guidelines for land use and public access within Marina’s Coastal Zone. (Zoning ordinance dated 7/94 (part), 1994)

17.04.453 Local coastal program (LCP).

The city’s local coastal program consists of the following documents: local coastal land use plan and local coastal implementation plan. (Zoning ordinance dated 7/94 (part), 1994)

17.04.455 Lot, corner.

“Corner lot” means a building site situated at the intersection of two or more streets, or a building site abutting on more than one part of the same street. (Ord. 2002-06 § 2 (part), 2002)

17.04.460 Lot, reverse frontage.

“Reverse frontage lot” means the first lot to the rear of a corner lot, the front line of which is a continuation of the side line of the corner lot exclusive of the width of any alley, and fronting on the street which intersects or intercepts the street upon which the corner lot fronts. (Zoning ordinance dated 7/94 (part), 1994)

17.04.462 Marijuana dispensary.

“Marijuana dispensary” is defined as any facility; clinic; cooperative; club; business; retail facility; group or location, whether fixed or mobile; including any type of operation which could be licensed for commercial adult-use cannabis activity and/or commercial medicinal cannabis activity, including those operations for which licenses may be obtained as set forth in California Business and Professions Code Sections 26050 and 26061; and where marijuana, or any marijuana-infused product, is produced, made available to, sold, exchanged, or distributed to any person. A marijuana dispensary shall not include the following uses, as long as the location of such use is otherwise in accordance with this code and other applicable law:

A.    A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code.

B.    A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code.

C.    A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code.

D.    A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code.

E.    A hospice or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, Health and Safety Code Section 11362.5 et seq.

F.    Personal use, cultivation or exchange of marijuana, as legally permitted by Health and Safety Code Section 11018. (Ord. 2017-07 (Exh. A (part)), 2017)

17.04.463 Medical marijuana dispensary.

“Medical marijuana dispensary” means any commercial or industrial or home occupation facility or location where medical marijuana is distributed by a primary caregiver or a qualified patient, as such persons are defined in Sections 11362.7 through 11362.83 of the California Health and Safety Code, to more than three qualified patients, in accordance with California Health and Safety Code Sections 11362.7 through 11362.83. (Ord. 2007-03 § 1 (Exh. A), 2007)

17.04.465 Membership organization facilities.

“Membership organization facilities” mean permanent, headquarters-type and meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including clubs, lodges, private meeting halls or similar facilities, for business associations, civic, social and fraternal organizations, labor unions and similar organizations, political organizations and professional membership organizations. (Ord. 2006-03 § 1 (Exh. A (part)), 2006)

17.04.470 Mobile home.

“Mobile home” means a vehicle designed and equipped for human habitation and for being drawn by a motor vehicle. (Zoning ordinance dated 7/94 (part), 1994)

17.04.480 Mobile home park.

“Mobile home park” means a parcel of land under one ownership which has been planned and improved for the placement of mobile homes for nontransient use. (Zoning ordinance dated 7/94 (part), 1994)

17.04.490 Nonconforming building.

“Nonconforming building” means a building, structure, or portion thereof, which does not conform to the regulations of this title, for the district in which it is situated and which lawfully existed at the time of the adoption of the ordinance codified in this title. (Zoning ordinance dated 7/94 (part), 1994)

17.04.500 Nonconforming use.

“Nonconforming use” means a building or land occupied by a use that does not conform to the regulations as to use for the district in which it is situated. (Zoning ordinance dated 7/94 (part), 1994)

17.04.510 One ownership.

“One ownership” means ownership of property (or possession thereof), under a contract to purchase or under a lease, the term of which is not less than ten years, by a person or persons, firm, corporation or partnership, individually, jointly, in common, or in any other manner whereby such property is under single or unified control. The term “owner” shall be deemed to mean the person, firm, corporation or partnership exercising one ownership as herein defined. (Zoning ordinance dated 7/94 (part), 1994)

17.04.515 Open space, common.

“Common open space” means an area on the ground, balcony, or deck that is available and accessible to the occupants of a building or building site for the purposes of active and/or passive recreation. This area includes the aggregate area of ground level areas, side and rear yards, (but not required front yards or exterior side yards), and patios, balconies and decks having a depth of not less than six feet and area of not less than sixty square feet. This area is exclusive of any area having a slope greater than ten percent, driveways, area for off-street parking and services, and ground level areas with a width of less than six feet or maximum dimension of under ten feet. Notwithstanding the general exclusion of driveways, on project sites with an average width of less than one hundred feet, the planning commission or the city council on appeal may allow minor driveways as defined in Section 17.54.020 of this title to be included within the definition of common open space. In multifamily residential developments of at least twenty units, indoor spaces of not less than three hundred square feet, designed and used for recreational purposes, can be included as part of a project’s required common open space. (Ord. 2006-03 § 1 (Exh. A (part)), 2006: Ord. 2005-10 § 1 (Exh. A (part)), 2005: zoning ordinance dated 7/94 (part), 1994)

17.04.516 Open space, private.

“Private open space” means outdoor area either at ground level or on a balcony, deck, or atrium which is appurtenant to and contiguous with a dwelling unit and designed for the exclusive use of the occupants of that dwelling unit with a minimum horizontal dimension of not less than five feet except as otherwise required by this code. (Ord. 2006-03 § 1 (Exh. A (part)), 2006)

17.04.520 Parking space.

“Parking space” means an accessible and usable space on the building site at least nine feet by nineteen feet located on site for the parking of automobiles, not including the use of any required front or side yard setbacks. (Zoning ordinance dated 7/94 (part), 1994)

17.04.530 Poultry farms.

“Poultry farms” means the raising and/or keeping of more than five hundred chickens, ducks, geese, pigeons, pheasants, peafowl or guinea fowl. (Zoning ordinance dated 7/94 (part), 1994)

17.04.531 Rare and endangered species.

This term will apply to those plant and animal species which are rare, endangered, threatened, or are necessary for the survival of an endangered species. The environmental analysis report prepared for the Marina local coastal program identified such species in the dune habitat areas. While future scientific studies may result in addition or deletion of species, the list presently includes:

A.    Smith’s Blue Butterfly, Shijimiaeoides enoptes smithi;

B.    Globose Dune Beetle, Coelus globosus;

C.    Black Legless Lizard, Anneilla pulchra nigra;

D.    Salinas Kangaroo Rat, Dipodomys Heermanni Goldmani;

E.    Seaside Painted Cup, Castilleja latifolia ssp. latifolia;

F.    Monterey Spine Flower, Chorizanthe pungens var. pungens;

G.    Eastwood’s Ericameria, fasciculata;

H.    Coast Wallflower, Erysimum ammophilum;

I.    Menzies’ Wallflower, Erysimum menziesii;

J.    Coastal Dunes Milk Vetch, Astragalus tener var. titi;

K.    Dune Gilia, Gilia tenuiflora var. arenaria;

L.    Wild Buckwheat, Eriogonum latifolium*;

M.    Wild Buckwheat, Eriogonum parvifolium*;

N.    Bush Lupine, Lupinus ssp.+.

*    Only within the range of Smith’s Blue Butterfly.

+    Only within the range of the Black Legless Lizard.

(Zoning ordinance dated 7/94 (part), 1994)

17.04.540 Refreshment stand.

“Refreshment stand” means an establishment or portion thereof, where prepared food and beverages are sold, substantial portions of which are sold on a self-service basis or are sold and served for consumption outside of buildings on the premises. (Zoning ordinance dated 7/94 (part), 1994)

17.04.542 Residential care home or residential care facility.

“Residential care home or residential care facility” means a dwelling unit or multiple-unit facility in which the occupant(s) is licensed by the state or county department of social services to provide twenty-four hour, primarily nonmedical care for children or adults 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. Examples of residential care facilities include, but are not limited to, facilities for developmentally or mentally disabled, substance abuse recovery, dependent and neglected children, physically disabled, and wards of the court. Residential care homes do not include family day care, foster care or any medical services, including skilled nursing services, beyond that required by the residents of the facility for sustaining the activities of daily living.

Residential care homes are further defined as follows: (1) “Small residential care home” is a residence serving six or fewer clients; (2) “Large residential care home” is a facility serving seven or more clients. (Ord. 2006-03 § 1 (Exh. A (part)), 2006)

17.04.550 Restaurant.

“Restaurant” means a business devoted to the serving of prepared food to the public where the food is consumed on the premises while the customers are seated. (Zoning ordinance dated 7/94 (part), 1994)

17.04.560 Rest home.

“Rest home” means the rooming or boarding of any aged or convalescent persons, whether ambulatory or nonambulatory, for which a license is required by a county, state or federal agency. (Zoning ordinance dated 7/94 (part), 1994)

17.04.570 Rooming or boarding house.

“Rooming or boarding house” means a dwelling other than a hotel where lodging and/or meals for three or more persons are provided for compensation. (Zoning ordinance dated 7/94 (part), 1994)

17.04.580 Sign.

“Sign” means anything whatsoever placed, erected, constructed, posted, painted, printed, tacked, nailed, glued, stuck, carved, or otherwise fastened, affixed or made visible for out-of-door advertising purpose in any manner whatsoever, on the ground or on any tree, wall, bush, rock, post, fence, building structure, or thing whatsoever. For the purpose of this title, the advertising area of one side of a double-faced sign shall be used in determining the advertising area. (Zoning ordinance dated 7/94 (part), 1994)

17.04.590 Sign, appurtenant.

“Appurtenant sign” means a sign relating only to goods sold or services rendered upon the building site on which said sign is erected or maintained. (Zoning ordinance dated 7/94 (part), 1994)

17.04.600 Sign, directional and informational.

“Directional and informational sign” means any sign which is confined to the giving of directions to a community or population center, or which, in addition to such directions, also gives general information as to the services, products or facilities available therein, without, however, naming or otherwise identifying any particular establishment, purveyor of goods or services, or brand or manufacturer of products. (Zoning ordinance dated 7/94 (part), 1994)

17.04.610 Sign, outdoor advertising.

“Outdoor advertising sign” means any sign other than an appurtenant sign, or a directional and informational sign. (Zoning ordinance dated 7/94 (part), 1994)

17.04.612 Single-room occupancy (SRO) units.

“Single-room occupancy (SRO) units” means a multiple-family dwelling with units of a smaller size than normally found in multifamily dwellings, with kitchen and bathroom facilities that may be provided within the unit or shared, and which are rented to a one- or two-person household on a long-term basis. (Ord. 2006-03 § 1 (Exh. A (part)), 2006)

17.04.615 Site coverage.

The percent of the site area covered by principal and accessory buildings. (Ord. 2002-03 § 1 (part), 2002)

17.04.620 Street line.

“Street line” means the boundary between a street and abutting property. (Zoning ordinance dated 7/94 (part), 1994)

17.04.630 Small livestock farming.

“Small livestock farming” means the raising and/or keeping of not more than twelve chicken hens or twelve pigeons, or twelve similar fowl and/or twelve rabbits, or twelve similar animals, or any roosters, quacking ducks, geese, guinea fowl, peafowl, goats, sheep or similar livestock, or the raising and/or keeping for commercial purposes of any cats or dogs; provided, that the term “small livestock farming” as used in this title shall not include commercial hog farming, dairying, or the raising and/or keeping of horses, mules, or similar livestock as determined by the planning commission. (Zoning ordinance dated 7/94 (part), 1994)

17.04.640 Story.

“Story” means that 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 it, then the space between the floor and the ceiling next above it. (Zoning ordinance dated 7/94 (part), 1994)

17.04.650 Street, public.

“Public street” means a street, road or way, but not an alley, owned by or maintained by a state, county or incorporated city. (Zoning ordinance dated 7/94 (part), 1994)

17.04.660 Structural alterations.

“Structural alterations” mean any change in the supporting members of a building such as bearing walls, columns, beams or girders. (Zoning ordinance dated 7/94 (part), 1994)

17.04.670 Structural walls.

“Structural walls” mean any bearing wall of a building. (Zoning ordinance dated 7/94 (part), 1994)

17.04.680 Structure.

“Structure” means anything constructed or erected, except fences under six feet in height, the use of which requires location on the ground or attachment to something having location on the ground but not including any trailer, tent or decks less than eighteen inches above the ground. (Zoning ordinance dated 7/94 (part), 1994)

17.04.690 Structure, outdoor advertising.

“Outdoor advertising structure” means any structure of any kind or character, erected or maintained for outdoor advertising sign purposes. (Zoning ordinance dated 7/94 (part), 1994)

17.04.695 Structure, portable personal recreation.

A structure, capable of being carried or moved by not more than two adults when fully assembled, located adjacent to and directly accessible from a dwelling unit, which is used solely for recreational purposes by the occupants of the dwelling unit and their guests. Said structures are classified as accessory structures and may include, but are not limited to: portable play structures, trampolines, swing sets, mobile barbeque grills. (Ord. 2002-03 § 1 (part), 2002)

17.04.696 Structure, non-portable personal recreation.

A structure, not capable of being carried or moved by only two adults, located adjacent to and directly accessible from a dwelling unit, which is used solely for the recreational purposes by the occupants of the dwelling unit and their guests. Said structures are classified as accessory structures and include, but are not limited to: swimming pools, tennis courts, hot tubs and spas, built in cooking facilities such as barbeque grills, pits and/or ovens. (Ord. 2002-03 § 1 (part), 2002)

17.04.697 Studio—Art, dance, martial arts, music, etc.

“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 classified as “schools — specialized education.” 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; gymnastics instruction, and aerobics and gymnastics studios with no other fitness facilities or equipment. (Ord. 2006-03 § 1 (Exh. A (part)), 2006)

17.04.698 Supportive housing.

“Supportive housing” means housing with no limit on length of stay, that is occupied by the target population, and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. (Ord. 2011-03 § 1 (part), 2011)

17.04.699 Target population.

“Target population” means persons with low incomes having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated youth, families, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people. (Ord. 2011-03 § 1 (part), 2011)

17.04.700 Trailer.

“Trailer” means a vehicle designed and used for human habitation and with its wheels in place. (Zoning ordinance dated 7/94 (part), 1994)

17.04.710 Trailer camp.

“Trailer camp” means any area or tract of land where space is rented or held out for rent to two or more owners or users of trailers, or where the free use of such space is permitted owners or users of trailers for the purpose of securing their trade. (Zoning ordinance dated 7/94 (part), 1994)

17.04.711 Transitional housing.

“Transitional housing” means housing with supportive services for up to twenty-four months that is exclusively designated and targeted for recently homeless persons. Transitional housing includes self-sufficiency development services, with the ultimate goal of moving recently homeless persons to permanent housing as quickly as possible, and limits rents and service fees to an ability-to-pay formula reasonably consistent with the United States Department of Housing and Urban Development’s requirements for subsidized housing for low-income persons. Rents and service fees paid for transitional housing may be reserved, in whole or in part, to assist residents in moving to permanent housing. (Ord. 2011-03 § 1 (part), 2011)

17.04.720 Use.

“Use” means the purpose for which land or premises or a building thereon is designed, arranged or intended, or for which it is, or may be occupied or maintained. (Zoning ordinance dated 7/94 (part), 1994)

17.04.730 Use, accessory.

“Accessory use” means a use accessory to any permitted use and customarily a part thereof, which use is clearly incidental and secondary to the permitted use and which does not change the character thereof. (Zoning ordinance dated 7/94 (part), 1994)

17.04.745 Vacation club.

“Vacation club” means a program for marketing transient occupancy for hotel, and/or motel accommodations to the general public through a membership agreement. (Ord. 96-7 § 1 (part), 1996)

17.04.750 Wild animal.

“Wild animal” means any animal feral in nature, that is, any animal which must be reclaimed and made tame by art, industry or education, or which must be kept in confinement to be brought within the immediate power of the owner; it excludes any animal which has been brought into, or born in, restraint or captivity upon any farm or ranch for the purpose of cultivating or pelting its fur; bees, birds, frogs, fish, and any other animal kept for human consumption. (Zoning ordinance dated 7/94 (part), 1994)

17.04.760 Yard.

“Yard” means an open space on the same building site with a building, which open space is suitable for recreation, landscaping, gardens, or household service activities, such as clothes drying, but not including any portion of any street or alley or road right-of-way. (Ord. 2002-03 § 1 (part), 2002: zoning ordinance dated 7/94 (part), 1994)

17.04.770 Yard, front.

“Front yard” means a yard extending across the front of the lot between the side lot lines and to a depth required by the district in which said lot is situated; provided, however, that if any official plan line has been established for the street upon which the lot faces, then such measurement shall be taken from such official plan line to the nearest line of the building. (Zoning ordinance dated 7/94 (part), 1994)

17.04.780 Yard, rear.

“Rear yard” means a yard extending across the back of the lot between the side lines and to a depth required by the district in which said lot is situated. (Zoning ordinance dated 7/94 (part), 1994)

17.04.790 Yard, side.

“Side yard” means a yard between the sidelines of the lot and to a width required by the district in which said lot is situated; and extending from the front yard to the rear yard. (Zoning ordinance dated 7/94 (part), 1994)