Chapter 16.04
DEFINITIONS

Sections:

16.04.010    Generally.

16.04.020    Administrative office.

16.04.025    Adult entertainment establishment.

16.04.030    Alley.

16.04.035    Antenna.

16.04.040    Apartment.

16.04.050    Apartment building.

16.04.060    Architectural control.

16.04.070    Architectural control committee.

16.04.073    Attic.

16.04.075    Balconies and decks.

16.04.077    Basement.

16.04.078    Below market rate unit.

16.04.080    Block.

16.04.090    Boardinghouse.

16.04.100    Building.

16.04.110    Building, accessory.

16.04.120    Building coverage.

16.04.130    Building, main.

16.04.140    Building site.

16.04.145    Buildings, structurally attached.

16.04.150    Business, retail.

16.04.160    Business, wholesale.

16.04.164    Child day care center.

16.04.165    Child day care home.

16.04.170    Church.

16.04.180    Cluster housing.

16.04.200    Communications equipment building.

16.04.210    Conditional use.

16.04.215    Contiguous property.

16.04.220    Convalescent home.

16.04.230    District.

16.04.235    Drug paraphernalia.

16.04.240    Dwelling.

16.04.250    Dwelling group.

16.04.260    Dwelling, multiple.

16.04.270    Dwelling, single family.

16.04.280    Dwelling, two family or duplex.

16.04.290    Dwelling unit.

16.04.295    Dwelling unit, secondary.

16.04.297    Earth station.

16.04.298    Electric vehicle charging space, electric vehicle charging station, and electric vehicle supply equipment.

16.04.299    Emergency shelter.

16.04.300    Family.

16.04.305    Fast food restaurant.

16.04.310    Foster home.

16.04.313    Floor area.

16.04.314    Floor area limit.

16.04.315    Floor area ratio.

16.04.320    Garage or carport.

16.04.322    Garden feature.

16.04.325    Gross floor area.

16.04.330    Height of structure.

16.04.340    Home occupation.

16.04.350    Home occupation permit.

16.04.360    Hotel.

16.04.370    Junkyard.

16.04.380    Kennel.

16.04.385    Light industrial uses.

16.04.390    Lot.

16.04.395    Lot, corner.

16.04.396    Lot, interior.

16.04.400    Lot line, front.

16.04.405    Lot line, front—Election for corner lot.

16.04.410    Lot line.

16.04.420    Lot, minimum depth.

16.04.430    Lot, minimum width.

16.04.440    Lot line, rear.

16.04.450    Lot line, side.

16.04.455    Lot, panhandle.

16.04.460    Lot, through.

16.04.462    Market rate unit.

16.04.465    Massage establishment.

16.04.467    Mini-warehouse storage facility.

16.04.468    Master plan.

16.04.469    Mezzanine.

16.04.470    Motel or hotel.

16.04.475    New construction.

16.04.480    Nonconforming use.

16.04.490    Nursery school.

16.04.500    Open space.

16.04.510    Parking space.

16.04.520    Permitted use.

16.04.530    Person.

16.04.535    Personal services.

16.04.540    Professional office.

16.04.550    Research and development.

16.04.554    Residential care facility, large.

16.04.555    Residential care facility, small.

16.04.560    Rest home.

16.04.565    Retail sales establishment.

16.04.570    Roominghouse.

16.04.580    Sanitorium.

16.04.590    School.

16.04.592    Secondhand store.

16.04.595    Senior citizen day care facility.

16.04.597    Service station.

16.04.600    Setback line.

16.04.620    Sign.

16.04.625    Solar access.

16.04.626    Solar envelope.

16.04.628    Story.

16.04.630    Street.

16.04.635    Street, private.

16.04.640    Street line.

16.04.650    Structural alteration.

16.04.660    Structure.

16.04.661    Structure, accessory.

16.04.662    Supportive housing.

16.04.665    Transitional housing.

16.04.670    Use.

16.04.680    Use, accessory.

16.04.690    Veterinary clinic.

16.04.700    Veterinary hospital.

16.04.710    Yard.

16.04.720    Yard, front.

16.04.730    Yard, rear.

16.04.740    Yard, side.

16.04.010 Generally.

For the purposes of this chapter certain terms are defined. Where terms are defined in a specific zoning district, they shall be applied accordingly. Words used in the present tense include the future; words used in the singular include the plural; "shall" is mandatory, "may" is permissive. Definitions of the terms used in this title are set forth as follows; provided, however, that terms not specifically defined in this chapter shall be as defined in the code. (Ord. 979 § 1, 2012: Prior code § 30.2 (part)).

16.04.020 Administrative office.

"Administrative office" means an office for the rendering of service or general administration, but excluding retail sales and other activities generating customer traffic. (Prior code § 30.201).

16.04.025 Adult entertainment establishment.

An "adult entertainment establishment" shall include:

(a)    Any business activity wherein is provided for a fee or other consideration, the opportunity to feel, touch, view, photograph, or be in the presence of the unclothed body or unclothed portion of the body of another person, or to be in the presence of or to be felt, touched, viewed, or photographed by another person while unclothed in whole or in part;

(b)    Adult Theater:

An "adult theater" is one in which on one hundred eighty-two days per calendar year or more, or on fifteen days per calendar month or more any motion pictures shown carry on "X" rating as determined by the Academy of Motion Picture Arts and Sciences, or to which minors are not admitted, or in which sexual intercourse, oral copulation, masturbation, or homosexual acts are actually shown or simulated;

(c)    Retail Sales of Sexual Paraphernalia, which includes:

Any business activity wherein a substantial part (over ten percent of gross sales shall be deemed substantial) of the commercial operation consists of the sale or dissemination of paraphernalia and apparatus which aid or assist in the stimulation and/or performance of sexual activity;

(d)    Adult Bookstore:

"Adult bookstore" means any premises in which forty percent or more of the titles offered or to which forty percent or more of the actual display area of the store (whichever is less) is devoted to, depicts or describes any of the acts set forth in subsection (c). This section does not apply to displays of up to twenty periodicals on the premises in which sales of the same are incidental to other business.

Any activity conducted by a person pursuant to and within the scope of a license issued by the state or an agency thereof which prescribes standards for and supervises such activity shall not be deemed to be an "adult entertainment establishment." (Ord. 654 § 1 (b)(1), 1980).

16.04.030 Alley.

"Alley" means a public or private thoroughfare which affords only a secondary means of access to abutting property. (Prior code § 30.202).

16.04.035 Antenna.

The term "antenna," as used herein, means any system of wires, poles, structures, reflecting discs, dish antennae, earth stations, satellite antenna or similar devices used for the transmission or reception of electromagnetic waves which system is external or to attached to the exterior of any building. Antennae includes devices having active and passive elements extending in any direction, and directional beam-type arrays having both elements carried by and disposed from a generally horizontal boom which may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna support, all of which elements are deemed to be a part of the antenna. (Ord. 742 § 1 (part), 1987).

16.04.040 Apartment.

"Apartment" means a single dwelling unit in an apartment building. (Prior code § 30.203).

16.04.050 Apartment building.

"Apartment building" means a multiple dwelling (see "dwelling, multiple"). (Prior code § 30.204).

16.04.060 Architectural control.

"Architectural control" means approval of the appearance of buildings or structures to be built, erected, constructed, altered or relocated, based on plans and elevations of the proposed buildings or structures, or approval of the appearance of business to be conducted primarily out of doors based on site and landscape plans for the area. Architectural control shall also include approval of site planning, landscaping, signs, parking design and access and any other element of exterior appearance or relationship with streets and adjoining property. (Prior code § 30.205).

16.04.070 Architectural control committee.

"Architectural control committee" means a committee empowered to act for the planning commission in matters relating to architectural control. (Prior code § 30.206).

16.04.073 Attic.

"Attic" means a space in a building that is immediately above the top of the ceiling joist and immediately below the roof sheathing, including all roof framing. (Ord. 938 § 1 (part), 2005: Ord. 852 § 1, 1994).

16.04.075 Balconies and decks.

A balcony is a platform which projects more than eighteen (18) inches from the wall of a building and which is required by law to be surrounded by a railing. A deck is a platform where the finish floor line is more than twelve (12) inches above the average grade, either free-standing or built as part of a building which may be covered or uncovered, and which may or may not include a railing, depending on its height above the adjacent grade. (Ord. 858 § 1, 1994).

16.04.077 Basement.

"Basement" means the part of a building that is partly or wholly below grade. (Ord. 938 § 1 (part), 2005).

16.04.078 Below market rate unit.

"Below market rate unit" means a unit governed by a legal covenant or other restriction enforceable by the city restricting the availability of said unit to very low-, low- and moderate-income residents, which unit is rented or sold to a very low-, low- or moderate-income person or household. (Ord. 905 § 3 (part), 2001).

16.04.080 Block.

"Block" means all property fronting upon one (1) side of a street: between intersection and intercepting streets, or between a street and a railroad right-of-way, waterway, dead end street or unsubdivided land. An intercepting street shall determine only the boundary of the block on the side of a street which it intercepts. (Prior code § 30.207).

16.04.090 Boardinghouse.

"Boardinghouse" means a dwelling other than a hotel, where lodging or meals for three or more persons is provided for compensation. (Prior code § 30.208).

16.04.100 Building.

"Building" means any structure having a roof and designed for the shelter or housing of any person, animal or property. (Prior code § 30.209).

16.04.110 Building, accessory.

"Accessory building" means a subordinate detached building, the use of which is incidental to that of the main building or buildings and/or the use of the land on the same lot or building site, and shall not include any building providing an area for cooking or permanent sleeping quarters. An accessory building may be attached to a secondary dwelling unit. For the purpose of an accessory building, an area containing four (4) or more plumbing fixtures, regardless of the intended use of the space, shall be defined and regulated as "living space" in the accessory building. Water supplied to washing machines and water heaters is not considered a plumbing fixture for the purposes of this section. In no case shall the "living space," as defined by this section for the purpose of minimum yard requirements, be used as a dwelling unit. An accessory building that was legally permitted and constructed with four (4) or more plumbing fixtures prior to June 13, 2014, shall not be subject to the limitations set forth in Section 16.68.030 pertaining to minimum yard requirements. The addition of plumbing fixtures would be subject to the minimum yard requirements. (Ord. 1006 § 3, 2014: Ord. 694 § 2, 1984: prior code § 30.210).

16.04.120 Building coverage.

"Building coverage" means that percentage of the building site permitted to be covered by buildings, as measured from the ground upward, exclusive of any eave not in excess of six feet. (Prior code § 30.211).

16.04.130 Building, main.

"Main building" means a building in which is conducted the principal use of the lot or building site on which it is situated. (Prior code § 30.212).

16.04.140 Building site.

"Building site" means one or more contiguous, legally created parcels of land under common ownership, meeting area and dimension requirements for the zoning district in which it is situated and having frontage on a dedicated street or approved private road. (Prior code § 30-213).

16.04.145 Buildings, structurally attached.

"Buildings structurally attached" means two or more structures connected by common load bearing structural members. (Ord. 688 § 2 (part), 1983).

16.04.150 Business, retail.

"Retail business" means the retail sale of any article, substance, or commodity, within a building, but not including the handling or sale of lumber, brick, stone or other building material of a similar nature. (Prior code § 30.214).

16.04.160 Business, wholesale.

"Wholesale business" means the wholesale handling of any article, substance or commodity, but not including the handling of lumber, brick, stone or other building material of a similar nature or the open storage or sale of any material or commodity, and not including the processing or manufacture of any product or substance. (Prior code § 30.215).

16.04.164 Child day care center.

"Child day care center" means any child care facility other than a large child day care home or small child day care home as defined by Section 16.04.165. (Ord. 1030 § 2, 2017).

16.04.165 Child day care home.

"Child day care home" means both a "small child day care home" and a "large child day care home" as further defined herein. A "small child day care home" means a private single-family residence licensed by the appropriate state or county agency for the day care or instruction of no more than six (6) children, or up to eight (8) children without an additional adult attendant, if all of the following conditions are met: (1) at least one (1) child is enrolled in and attending a kindergarten or elementary school and a second child is at least six (6) years of age; (2) no more than two (2) infants are cared for during any time when more than six (6) children are cared for; (3) the licensee notifies each parent that the facility is caring for two (2) additional school-age children and that there may be up to seven (7) or eight (8) children in the home at one (1) time; and (4) the licensee obtains the written consent of the property owner when the family day care home is operated on property that is leased or rented. A "large child day care home" means a private single-family residence licensed by the appropriate state or county agency for the day care or instruction of no more than twelve (12) children, or up to fourteen (14) children, if all of the following conditions are met: (1) at least one (1) child is enrolled in and attending a kindergarten or elementary school and a second child is at least six (6) years of age; (2) no more than three (3) infants are cared for during any time when more than twelve (12) children are cared for; (3) the licensee notifies each parent that the facility is caring for two (2) additional school-age children and that there may be up to thirteen (13) or fourteen (14) children in the home at one (1) time; and (4) the licensee obtains the written consent of the property owner when the family day care home is operated on property that is leased or rented. (Ord. 1030 § 3, 2017: Ord. 546 § 1(1), 1973).

16.04.170 Church.

"Church" means a structure intended as a meeting place for organized religious worship and related activities. (Prior code § 30.216).

16.04.180 Cluster housing.

"Cluster housing" means two or more attached or semi-attached single-family dwellings having open space in common. (Prior code § 30.217).

16.04.200 Communications equipment building.

"Communications equipment building" means a building housing operating electrical and mechanical equipment necessary for the conduct of a public communication business. (Prior code § 30.219).

16.04.210 Conditional use.

"Conditional use" means a special activity to be conducted on a building site, which activity is allowed by the regulations of the district wherein located, subject to obtaining a use permit therefor. (Prior code § 30.220).

16.04.215 Contiguous property.

"Contiguous property" means any property directly abutting any portion of a property on which a development project is proposed, but shall not include properties located across the street. (Ord. 938 § 1 (part), 2005).

16.04.220 Convalescent home.

"Convalescent home" means a large residential care facility or any structure occupied or intended to be occupied, for compensation, by persons recovering from injury or illness, or suffering from the infirmities of old age, and any comparable licensed care facility. (Ord. 1004 § 2, 2014: Prior code § 30.221).

16.04.230 District.

"District" means a portion of the city as designated in Section 16.08.010 within which certain uses of land and structures are permitted or prohibited and within which certain yards and other open spaces are required and certain height limits are established for structures, all as set forth and specified in this title. (Prior code § 30.222).

16.04.235 Drug paraphernalia.

The phrase "drug paraphernalia" includes any of the items possession of which is prohibited by Section 11364 of the state of California Health and Safety Code, or any instrument used, designed for use, or intended for use in ingesting, smoking, administering, or preparing marijuana, hashish, hashish oil, or cocaine. (Ord. 656 § (b), 1980).

16.04.240 Dwelling.

"Dwelling" means a building or a portion thereof designed and used exclusively for residential occupancy, including one (1) family, two (2) family dwellings and multiple family dwellings, small residential care facility, transitional and supportive housing, but not including hotels, motels or boardinghouses. (Ord. 1004 § 3, 2014: Prior code § 30.223).

16.04.250 Dwelling group.

"Dwelling group" means a group of two or more detached or semi-detached dwellings occupying a single parcel of land and having any yard or court in common. (Prior code § 30.227).

16.04.260 Dwelling, multiple.

"Multiple dwelling" means a building or portion thereof, used and designed as a residence for three or more families living independently of each other and doing their own cooking in such building; including apartment houses, apartment hotels and flats, but not including motels, boardinghouses and hotels. (Prior code § 30.226).

16.04.270 Dwelling, single family.

"Single family dwelling" means a building, containing not more than one kitchen, designed for, or used to house not more than one family, including all necessary employees of such family. (Prior code § 30.224).

16.04.280 Dwelling, two family or duplex.

"Two family dwelling" or "duplex" means a building containing not more than two kitchens, designed or used to house not more than two families, living independently of each other, including all necessary employees of each such family. (Prior code § 30.225).

16.04.290 Dwelling unit.

"Dwelling unit" means a building or portion of a building designed for the occupancy of one (1) family. (Prior code § 30.228).

16.04.295 Dwelling unit, secondary.

A "secondary dwelling unit" (which is referred to as an "accessory dwelling unit" in state law) means a dwelling unit on a residential lot which provides complete independent living facilities for one (1) or more persons, and shall include permanent provisions for living, sleeping, eating, cooking, and sanitation independent of the main dwelling existing on the residential lot. For purposes of a secondary dwelling unit, permanent provisions for eating and cooking include the following: (1) permanent range, (2) counters, (3) refrigerator, and (4) sink. There are two (2) types of secondary dwelling units: (1) units attached to the existing dwelling, including units located within the living area of an existing dwelling unit ("attached secondary dwelling units"); and (2) units detached from the existing dwelling unit and located on the same lot as the existing dwelling unit ("detached secondary dwelling units"). (Ord. 1031 § 2, 2017: Ord. 1005 § 3, 2014: Ord. 923 § 2, 2003: Ord. 688 § 2 (part), 1983).

16.04.297 Earth station.

The term "earth station," as used herein, means a combination of:

(1)    Antenna or dish antenna the purpose of which is to receive communication or other extra terrestrial sources;

(2)    A low-noise amplified (LNA) which is situated at the focal point of the receiving component the purpose of which is to magnify land transfer signals;

(3)    A coaxial cable whose purpose is to carry the signals into the building. (Ord. 742 § 1 (part), 1987).

16.04.298 Electric vehicle charging space, electric vehicle charging station, and electric vehicle supply equipment.

"Electric vehicle charging space," "electric vehicle charging station" and "electric vehicle supply equipment" are as defined in the California Building Standards Code. (Ord. 1050 § 3, 2018).

16.04.299 Emergency shelter.

"Emergency shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six (6) months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. (Health and Safety Code Section 50801(e)) (Ord. 1002 § 3, 2014).

16.04.300 Family.

"Family" means a group of individuals living together in a dwelling unit as a single housekeeping unit under a common housekeeping management plan based on an internally structured relationship providing organization and stability. (Ord. 938 § 1 (part), 2005: Prior code § 30.229).

16.04.305 Fast food restaurant.

"Fast food restaurant" means a restaurant where cooked food primarily intended for immediate consumption is available upon a short waiting time, and packaged or presented in such a manner that it can be readily eaten outside the premises where it is sold; and where the facilities for on-premises consumption of the food are insufficient for the volume of food sold in the place. (Ord. 619 § 3 (part), 1977).

16.04.310 Foster home.

"Foster home" means a facility, licensed by appropriate county or state agency, for the care of not more than six (6) individuals, not requiring special medical attention. (Prior code § 30.230).

16.04.313 Floor area.

(a)    For all single-family residential and R-2 zoning districts, "floor area" means the total square footage of all stories of all structures with a solid roof that exceeds six feet (6’) in height above grade, as measured from the face of foundation. Floor area includes all covered parking, including garages and carports, and below grade parking.

(b)    Floor area is measured as follows:

(1)    For single-story development in single-family residential and R-2 zoning districts, except R-1-U (LM), all floor area where the distance between the finished floor and the roof directly above it measures seventeen feet (17’) or greater, shall be included at two hundred percent (200%) floor area (See Fig. 1).

(2)    For two story development in single-family residential and R-2 zoning districts, except R-1-U (LM):

(i)    Interior space that has a ceiling height greater than twelve feet (12’) from finished floor level, other than stairwells, shall be included at two hundred percent (200%) floor area. This same area shall also be included at one hundred percent (100%) toward the maximum allowed second floor square footage (See Fig. 2).

(ii)    Attic space where the distance between the top of the ceiling joist and the bottom of the roof sheathing measures five feet (5’) or more, shall be included at one hundred percent (100%) floor area, but shall not be included as part of the second floor calculation of floor area (See Fig. 2). Attic space where the distance between the top of the ceiling joist and the bottom of the roof sheathing measures less than five feet (5’) shall be excluded from the floor area.

(3)    For all development in the R-1-U (LM) zoning district, interior space that has a ceiling height greater than twelve feet (12’) from finished floor level to top of ceiling joist or roof framing shall be included at two hundred percent (200%) floor area, with the following exceptions:

(i)    Stairwells shall be included at one hundred percent (100%) floor area;

(ii)    Interior ceiling heights greater than twelve feet (12’) for up to twenty percent (20%) of the proposed floor area of a single-story structure shall be counted at one hundred percent (100%) floor area;

(iii)    Attic and other storage space located between the top of the ceiling joists and immediately below the roof sheathing and that does not include any of the following: [a] finished floors, walls, or ceiling drywall coverings, [b] access to the space from a permanent staircase or door, [c] more than two lighting fixtures and one receptacle outlet, or [d] heating and/or rough plumbing provided to the space shall be excluded from the calculation of floor area.

(c)    Floor area shall exclude:

(1)    Basements under structures with a main floor level of thirty inches (30") or less above grade in all single-family and R-2 zoning districts, with the exception of the R-1-U (LM) district where basement areas that extend beyond the footprint of the structure at grade and that do not provide code-mandated egress or exiting shall be included in the floor area;

(2)    Garden structures, such as arbors and trellises with a semi-solid roof;

(3)    Covered porches and patios structurally attached to the exterior of the main residences or detached accessory buildings, provided that one end is open and faces out from the structure;

(4)    Bay window protrusions that do not provide foundation and that are no more than seven feet (7’) in length;

(5)    Chimneys and fireboxes or fireplaces; and

(6)    Eave overhangs.

(d)    Grade is defined as the average of the highest and lowest points of the natural grade of the portion of the lot covered by the structure.

(e)    The main floor level of a split-level development is defined as the level with the largest floor area.

(f)    The finished floor level of the ground floor of any development shall be the lesser of the actual finished floor level or a point that is eighteen inches (18") above grade. (Ord. 948 § 1 (part), 2006: Ord. 852 § 2, 1994).

*    See supplemental illustrations at the end of this chapter.

16.04.314 Floor area limit.

"Floor area limit" means the maximum permitted floor area for a property within the single family residential or R-2 zoning districts. For the purposes of determining the floor area limit, neither the panhandle extension of a panhandle lot, nor a private driveway or access easement across another lot to a panhandle lot, shall be included as part of the panhandle or other lot. (Ord. 822 § 3 (part), 1991: Ord. 790 § 1 (part), 1989).

16.04.315 Floor area ratio.

"Floor area ratio" applies to all zoning districts except the single-family residential and R-2 zoning districts and means the maximum permitted ratio of the total square footage of the gross floor area of all buildings on a lot to the square footage of the lot. (Ord. 822 § 3 (part), 1991: Ord. 790 § 1 (part), 1989: Ord. 739 § 1 (part), 1986). (Ord. No. 963, § 1, 4-21-2009)

16.04.320 Garage or carport.

"Garage" or "carport" means paved, accessible and usable covered space at least ten feet (10’) by twenty feet (20’) for storage of automobiles. (Prior code § 30.231).

16.04.322 Garden feature.

"Garden feature" means a freestanding ornamental structure, either monolithic or assembled in place as an integral part of a garden, covering an area no more than thirty-six (36) square feet, measured to the edge of the roof or its horizontal members. Overall height of the structure, as measured from the adjacent finished grade to the highest point of the structure, shall not exceed nine (9) feet. (Ord. 837 § 1 (part), 1992).

16.04.325 Gross floor area.

(A)    "Gross floor area" applies to all zoning districts except the single-family residential and R-2 zoning districts and means the sum of the horizontal areas of all floors within the surrounding solid walls of a building covered by a roof measured to the outside surfaces of exterior walls or portions thereof subject to the clarifications in subsections (B), (C) and (D).

(B)    Gross floor area includes the following features of a building that meet the criteria of subsection (A) unless otherwise excluded in subsection (C):

(1)    Areas of a basement with a floor to ceiling height of six feet, six inches (6’6") or greater;

(2)    Mezzanines, including equipment platforms and storage platforms, but excluding vertical shelving units and catwalks;

(3)    Areas of an attic with a floor to ceiling height of six feet, six inches (6’6") or greater;

(4)    Equipment and utility areas containing mechanical equipment, electrical panels, meters, controllers, switch boxes;

(5)    Storage areas;

(6)    Bay windows and similar projections or cantilevered areas; and

(7)    Elevator shafts and stairwells.

(C)    Gross floor area excludes the following features of a building that meet the criteria of subsection (A):

(1)    Areas of a building or buildings that are designed as nonuseable or nonoccupiable space with unfinished walls, floors and ceilings, not to exceed three percent (3%) of the maximum allowed gross floor area of the lot. To qualify for this exclusion, such spaces must have two (2) or more of the following characteristics: a floor to ceiling height that is less than six feet, six inches (6’6"); limited access (i.e., the absence of the necessary physical space to provide a building code-compliant stair or door); unconditioned air (i.e., the air is neither heated nor cooled); no windows or skylights; and no electricity. This exclusion may include areas of a building that would otherwise exceed the one-percent maximum limitation as defined in subsection (C)(2).

(2)    Areas of a building or buildings dedicated to the enclosure of noise generating equipment, such as building mechanical equipment and generators, not to exceed one percent (1%) of the maximum allowed gross floor area of the lot. This exclusion applies to equipment utilized for the operation of the building systems and does not apply to equipment utilized in connection with a business operating within a building;

(3)    All areas devoted to covered parking and related circulation for automobiles and bicycles, including garages, carports, below grade parking structures, and above grade parking structures;

(4)    Covered porches and covered balconies provided that at least one end is open and unobstructed to the exterior except for columns or posts not more than twelve inches (12") in width and walls or railings not more than forty-four inches (44") in height;

(5)    Vent shafts, such as building mechanical air ducts and chimneys; and

(6)    Enclosures solely for trash and recycling.

(D)    In cases where the gross floor area of an existing building, as previously determined in a project specific approval by the City of Menlo Park made prior to the enactment of this subsection (D) and on file with the City of Menlo Park, is greater than the gross floor area of an existing building would be determined to be when measured pursuant to subsections (A) through (C) of this Section 16.04.325, the previously determined gross floor area shall be the "gross floor area" for purposes of this Section 16.04.325, and therefore are considered conforming. Section 16.80.110 provides a process for considering expansions of an existing building or additional construction on sites with existing buildings in cases where the gross floor area of an existing building or buildings is greater when measured pursuant to the subsections (A) through (C). The City shall consider Gross Floor Area Exemption Certificates issued in compliance with subsection 16.80.110(e) when determining the remaining gross floor area on a lot that could be used for proposals to enlarge an existing building or to construct an additional building on the same lot as an existing building. This subsection (D) shall not apply to properties annexed to the City of Menlo Park after May 21, 2009. (Ord. 822 § 3 (part), 1991: Ord. 790 § 1 (part), 1989: Ord. 739 § 1 (part), 1986). (Ord. No. 963, § 1, 4-21-2009)

16.04.330 Height of structure.

Except as otherwise provided in this chapter, "height of structure" means the vertical distance from the average level of the highest and lowest points of the natural grade of the portion of the lot covered by the structure to the topmost point of the structure, excluding elevator equipment rooms, ventilating and air conditioning equipment and chimneys. (Ord. 938 § 1 (part), 2005: Ord. 822 § 2 (part), 1991: Prior code § 30.232).

16.04.340 Home occupation.

"Home occupation" means any activity conducted on the premises by the occupant of the dwelling as a secondary use in connection therewith, and where there are no advertising signs, no display, no stock or commodity stored or sold on the premises, no employees in connection therewith and no mechanical equipment to be used in connection therein, other than that necessary or convenient for domestic purposes. Such activity shall not be conducted in an accessory building. (Prior code § 30.233).

16.04.350 Home occupation permit.

"Home occupation permit" means an annual permit, issued by the city, authorizing the use of a dwelling for a home occupation, as defined herein. (Prior code § 30.234).

16.04.360 Hotel.

For the definition of "hotel" see Section 16.04.470, "motel or hotel." (Prior code § 30.235).

16.04.370 Junkyard.

"Junkyard" means any portion of any lot or parcel of land used for the storage of junk, including scrap metals, salvage or other scrap materials, or for the dismantling or "wrecking" of automobiles or other vehicles or machinery, whether for sale or storage. (Prior code § 30.236).

16.04.380 Kennel.

"Kennel" means any premises where three or more dogs are maintained, kept or boarded. (Prior code § 30.237).

16.04.385 Light industrial uses.

"Light industrial uses" mean uses engaged in prototype development, testing, repairing, manufacturing, assembling, packaging, storage, and/or distribution of finished or semifinished products conducted within a building, including wet labs, dry labs and/or clean rooms, and not having any noxious or hazardous character. Uses with similar characteristics of the above listed activities, such as telecommunication hub facilities, may also be considered as light industrial uses. Incidental administrative offices and sales areas occupying less than twenty percent (20%) of the gross floor area of the building are allowed. (Ord. 903 § 1, 2001).

16.04.390 Lot.

For the definition of "lot" see Section 16.04.140, "building site." (Prior code § 30.238).

16.04.395 Lot, corner.

"Corner lot" means a lot having frontage on two public or private streets which intersect at a corner of the lot. (Ord. 786 § 1 (part), 1988).

16.04.396 Lot, interior.

"Interior lot" means any lot which is not a corner, through, or panhandle lot. (Ord. 786 § 1 (part), 1988).

16.04.400 Lot line, front.

"Front lot line" means:

(1)    In the case of an interior lot fronting on a public street, a line separating the lot from the public street;

(2)    In the case of an interior lot fronting on a private street but not on a public street, a line separating the lot from the private street;

(3)    In the case of a corner lot fronting on two public streets, a line separating the shorter street frontage of the lot from a public street;

(4)    In the case of a corner lot fronting on one public street and one private street, a line separating the street frontage of the lot from the public street;

(5)    In the case of a corner lot fronting on two private streets, but not on a public street, a line separating the shorter street frontage of the lot from a private street; and

(6)    In the case of a panhandle lot, the shorter dimension of the lot boundaries which are contiguous to the private driveway or easement which provides access to the lot. (Ord. 786 § 1 (part), 1988: Prior code § 30.239).

16.04.405 Lot line, front—Election for corner lot.

In the case of a lot fronting on two public streets, the property owner may elect that the front lot line shall be the line separating the longer street frontage of the lot from a public street. This election may be made if the lot and improvements thereon will conform to the requirements of Titles 15 and 16 if the election is made and would not otherwise be conforming. If the election is made the minimum lot depth requirement for the lot shall be the former minimum lot width requirement and the minimum lot width requirement shall be the former minimum lot depth requirement. The election shall be in writing and shall be approved by the director of community development and the election and approval shall be recorded with the county recorder’s office, a copy of which shall be filed with the department of community development. The election may be revoked if the lot and improvements thereon will conform to the requirements of Titles 15 and 16 after such revocation. The revocation shall be in writing and shall be approved by the director of community development and the revocation and approval shall be recorded with the county recorder’s office, a copy of which shall be filed with the department of community development. (Ord. 786 § 1 (part), 1988).

16.04.410 Lot line.

"Lot line" means a line separating the frontage from a street; the side from a street or adjoining property; the rear or side from an alley or street or adjoining property. (Prior code § 30.244).

16.04.420 Lot, minimum depth.

"Minimum depth of lot" means the average distance between the front and rear property lines. (Prior code § 30.240).

16.04.430 Lot, minimum width.

"Minimum width of lot" means the shortest distance between the side property lines, between the required front and rear setback lines. The shortest distance between the side property lines at rear property line shall not be less than seventy-five percent (75%) of the required minimum width. (Prior code § 30.241).

16.04.440 Lot line, rear.

"Rear lot line" means the lot boundary opposite or approximately opposite the front. (Prior code § 30.242).

16.04.450 Lot line, side.

"Side lot line" means any lot boundary not a front or rear lot line. (Prior code § 30.243).

16.04.455 Lot, panhandle.

"Panhandle lot" means a lot with little or no frontage on a street and to which the access is by easement or private driveway. (Ord. 786 § 1 (part), 1988).

16.04.460 Lot, through.

"Through lot" means a lot having frontage on two parallel or approximately parallel streets. (Prior code § 30.245).

16.04.462 Market rate unit.

"Market rate unit" means a housing unit or the legal lot for such unit offered on the open market at going market rates. (Ord. 905 § 3 (part), 2001).

16.04.465 Massage establishment.

A "massage establishment" is an establishment having a fixed place of business where any person engages, conducts, or carries on, or permits to be engaged in, conducted, or carried on, any massage.

"Massage" is the treatment of the external parts of the body by rubbing, stroking, kneading, or tapping with the hand or any instrument but shall exclude any activity conducted by a person pursuant to and within the scope of a license issued by the state or an agency thereof which prescribes standards for and supervises such activity. (Ord. 654 § (b)(2), 1980).

16.04.467 Mini-warehouse storage facility.

"Mini-warehouse storage facility" means a long- term, small-scale storage facility used for storage of belongings by the public. There shall be no outside storage or storage of automobiles or automobile parts, or property, materials, or equipment regularly used as a part of a business operation. The facility shall contain no storage unit in excess of one hundred fifty square feet. (Ord. 766 § 4, 1988).

16.04.468 Master plan.

A "master plan" means a development plan which is not included within a conditional development permit or other permit, which establishes land use and development guidelines for the phased development of a particular site, and which is subject to approval by the City Council following recommendation by the planning commission. A "master plan" shall also include any master plan approved before July 15, 1988. (Ord. 786 § 3, 1988).

16.04.469 Mezzanine.

"Mezzanine" means an intermediate level or levels between the floor and ceiling of any story designed for occupancy or other use. For purposes of this definition, mezzanine includes equipment platforms (i.e., an elevated platform used exclusively for mechanical systems or industrial process equipment) and storage platforms, but does not include vertical shelving units nor catwalks (i.e., a narrow elevated walkway used exclusively to access part of a building that would otherwise be difficult to reach). (Ord. No. 963, § 2, 4-21-2009)

16.04.470 Motel or hotel.

"Motel" or "hotel" means a single building or group of detached or semi-detached buildings containing guest rooms or apartments, with automobile storage space provided on the site for such rooms or apartments provided in connection therewith, which group is designed and used primarily for the accommodation of transient automobile travelers, and not containing individual cooking facilities. (Prior code § 30.246).

16.04.475 New construction.

"New construction" means the construction of a new building, construction of an addition to an existing building, or construction of a habitable mezzanine or second floor in an existing building. Except in the case of a new building, new construction results in a net increase in gross floor area. New construction does not include interior alterations, tenant improvements, repairs, maintenance or reconstruction of buildings destroyed by catastrophe. (Ord. 936 § 1, 2005).

16.04.480 Nonconforming use.

"Nonconforming use" means a use or structure that does not conform to the regulations of the district in which it is situated. (Prior code § 30.248).

16.04.490 Nursery school.

"Nursery school" means a facility licensed by the appropriate state or county agency for the day care or instruction of seven or more children. (Ord. 546 § 1(2), 1973: Prior code § 30.247).

16.04.500 Open space.

"Open space" means that portion of the building site open, unobstructed and unoccupied from the ground upward; including walkways, landscaping, uncovered patios and uncovered recreation facilities. (Prior code § 30.249).

16.04.510 Parking space.

"Parking space" means an accessible, paved and usable space on the building site, or adjacent lot, for the parking of a standard automobile. (Prior code § 30.250).

16.04.520 Permitted use.

"Permitted use" means a regular activity to be conducted on a building site, which activity is allowed by the regulations of the district wherein located, without a use permit. (Prior code § 30.251).

16.04.530 Person.

"Person" includes any individual, city, county, partnership, corporation, cooperative, association, trust or any other legal entity, including the state and the federal government. (Prior code § 30.252).

16.04.535 Personal services.

"Personal services" means barber shops, beauty salons, launderettes, dry cleaning, shoe repair and other similar service businesses. (Ord. 619 § 3 (part), 1977).

16.04.540 Professional office.

"Professional office" means an office for the conduct of the following types of uses: Accountant, architect, attorney, chiropractor, optometrist, chiropodist, engineer, surveyor, drafting service, designer, dentist, physician and surgeon. (Prior code § 30.253).

16.04.550 Research and development.

"Research and development" means a scientific or engineering investigation leading to the manufacture of new material or equipment and including the making of prototypes but not including the manufacture of such material or equipment. (Prior code § 30.254).

16.04.554 Residential care facility, large.

"Large residential care facility" means any facility, place, or building that is maintained and operated to provide twenty-four (24) hour care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual and licensed by the state of California for occupation by seven (7) or more persons. (Ord. 1004 § 4, 2014).

16.04.555 Residential care facility, small.

"Small residential care facility" means any facility, place, or building that is maintained and operated to provide twenty-four (24) hour care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual and licensed by the state of California for occupation by six (6) or fewer persons. (Ord. 1004 § 5, 2014).

16.04.560 Rest home.

For the definition of "rest home" see Section 16.04.220, "Convalescent home." (Prior code § 30.255).

16.04.565 Retail sales establishment.

"Retail sales establishment" means a commercial establishment engaged in business activities which generate sixty percent (60%) or more of its gross income from the sale of commodities or goods on display, either by unit or in small quantities, directly to the consumer in transactions which are subject to sales tax. (Ord. 837 § 1 (part), 1992).

16.04.570 Roominghouse.

For the definition of "roominghouse" see Section 16.04.090, "boardinghouse." (Prior code § 30.256).

16.04.580 Sanitorium.

"Sanitorium" means a health station or retreat or other place where patients are housed, and where treatment is given, but excluding mental institutions, or institutions for treatment of persons addicted to the use of drugs. (Prior code § 30.257).

16.04.590 School.

"School" means a public or private educational facility which meets state standards for compulsory education. (Prior code § 30.258).

16.04.592 Secondhand store.

A "secondhand store" is a retail establishment purchasing and/or selling secondhand goods. Secondhand goods shall not include motor vehicles registered by the state, rags, bottles, or other materials subject to recycling, nor shall it include wearing apparel, coins, stamps, gold, silver, artwork, antiques, books, lamps, stoves, phonograph records or household or office furniture with the exception of sewing machines, musical instruments, tape recorders, speakers, stereo equipment, calculators, dictating machines, typewriters, radios and television sets.

A retail store selling secondhand goods shall not be considered a secondhand store if (i) more than one-half of its inventory is customarily obtained by donation and (ii) the store is operated by a nonprofit corporation organized under the laws of the state, or (iii) if more than fifty percent of the gross income of the establishment is derived from the sale of new merchandise. (Ord. 654 § (b)(3), 1980).

16.04.595 Senior citizen day care facility.

"Senior citizen day care facility" means a day care facility licensed by the appropriate state or county agency for the day care of adults. (Ord. 591 § 4, 1976).

16.04.597 Service station.

"Service station" means a facility that sells automotive fuel and provides ancillary services such as automotive repair, car wash, and/or mini mart. (Ord. 921 § 1, 2003).

16.04.600 Setback line.

"Setback line" means a line established by this chapter to govern the placement of buildings or structures with respect to lot lines on the site and which is established by measuring from the lot lines and/or access easements on the site at an angle perpendicular to the lot line. The setback line shall be parallel with the lot line. (Ord. 837 § 2 (part), 1992; Prior code § 30.259).

16.04.620 Sign.

"Sign" means any advertising display, symbol or structure. (Prior code § 30.261).

16.04.625 Solar access.

"Solar access" means the right of a particular parcel of real property to receive solar radiation without hindrance from structures or vegetation on adjacent or nearby property. (Ord. 666 § 1(1) (part), 1981).

16.04.626 Solar envelope.

"Solar envelope" means that zone beyond which restrictions on the structures and vegetation on a particular parcel are necessary to protect nearby or adjacent property from shadows blocking exposure to the sun during the hours from ten a.m. to two p.m. PST above the height of twenty feet in the property line of the nearby or adjacent property in residential zones R-1-U, R-1-S, R-E-S, RE and R2 and the O-S-C zone, and above the height of twenty-two feet in all other zones; provided, however, that if a shadow falls within the setback area of nearby or adjacent property, the structure causing that shadow shall not be deemed to have penetrated the solar envelope. (Ord. 695 § 1, 1984: Ord. 681 § 1, 1982: Ord. 666 § 1(1) (part), 1981).

16.04.628 Story.

"Story" means a space in a building between the surface of any floor and the top of the ceiling joists or roof framing above. A single-family dwelling shall be considered two-story if any portion of the dwelling contains more than one (1) vertically stacked story with the exception that any space defined as a basement in accordance with Section 16.04.077 and that is excludable from floor area according to subsection 16.04.313(C)(1) and any space defined as an attic in accordance with Section 16.04.075 and that is excludable from floor area according to subsections 16.04.313(B)(2)(b) or 16.04.313(B)(3)(c) shall not constitute a story. (Ord. 948 § 1 (part), 2006: Ord. 938 § 1 (part), 2005).

16.04.630 Street.

"Street" means a public thoroughfare which affords principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare except an alley as defined herein. (Prior code § 30.262).

16.04.635 Street, private.

"Private street" means any street, avenue, etc., not accepted by the City Council for maintenance or public use. "Private street" does not include an easement or private driveway which provides access only to panhandle lots. (Ord. 786 § 1 (part), 1988).

16.04.640 Street line.

"Street line" means the boundary between a street right-of-way and property. (Prior code § 30.263).

16.04.650 Structural alteration.

"Structural alteration" means any change in the supporting members of a structure, such as bearing walls, columns, beams or girders. (Prior code § 30.265).

16.04.660 Structure.

"Structure" means anything constructed or erected, the use of which requires location on or in the ground, or attachment to something having location on the ground, including swimming pools; excluding driveways, uncovered patios, parking spaces and uncovered walkways, but including elevated decks. Except as otherwise provided for in this code, where an existing structure is remodeled and expanded to the extent greater than fifty percent (50%) of the existing FAL (Floor Area Limit) or FAR (Floor Area Ratio) on the property, such structure shall be deemed to be a new structure. (Ord. 840 § 2, 1992: Ord. 837 § 2 (part), 1992; Prior code § 30.264).

16.04.661 Structure, accessory.1

"Accessory structure" means a separate and subordinate structure, which is open in nature and the use of which is incidental to that of the main building or buildings and/or use of the land on the same lot or building site. Examples of such structures include, but are not limited to, arbors, trellises, play structures, built-in barbecues, outdoor fireplaces, and water features. Unenclosed ground-mounted mechanical equipment and fences/walls are not considered accessory structures. (Ord. 1006 § 4, 2014).

16.04.662 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 an on-site or off-site service that assists 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. 1004 § 6, 2014).

16.04.665 Transitional housing.

"Transitional housing" means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six (6) months from the beginning of the assistance. (Ord. 1004 § 7, 2014).

16.04.670 Use.

"Use" means the purpose for which land or a structure is designed, arranged or intended, or for which land or structure is or may be occupied or maintained. (Prior code § 30.266).

16.04.680 Use, accessory.

"Accessory use" means a use incidental or subordinate to, and devoted exclusively to the main use of a lot or a building located on the same lot. (Prior code § 30.267).

16.04.690 Veterinary clinic.

"Veterinary clinic" means any premises used for the treatment or grooming of animals, but not including boarding or hospitalization. (Prior code § 30.268).

16.04.700 Veterinary hospital.

"Veterinary hospital" means any premises used for the treatment, care, boarding or grooming of animals, with all such operations to be conducted within a building unless otherwise specified in the use permit. (Prior code § 30.269).

16.04.710 Yard.

"Yard" means required open space on the same lot with a building, which open space is unoccupied and unobstructed from the ground upward, except as otherwise permitted in Section 16.08.060 or Chapter 16.59 or 16.68. (Prior code § 30.270).

16.04.720 Yard, front.

"Front yard" means a yard extending across the front of the lot and measured from the front line of the lot to the front setback line; provided, however, that if any official plan line has been established for the street upon which the lot abuts, the yard measurement shall be taken from such official plan line to the nearest line of the building. (Prior code § 30.271).

16.04.730 Yard, rear.

"Rear yard" means a yard extending across the full width of the lot and measured between the rear line of the lot and the rear setback line. (Prior code § 30.272).

16.04.740 Yard, side.

"Side yard" means a yard between the side line of the lot and the side setback line and extending from the front yard to the rear yard. (Prior code § 30.273).

SUPPLEMENTAL ILLUSTRATIONS FOR SECTION 16.04.313

ATTACHMENT A

SINGLE STORY HOMES IN R-1 AND R-2 ZONING DISTRICTS

All floor area where the distance between the finished floor level and the roof directly above it measures 17 feet or more, shall be counted at 200% floor area.

TWO STORY HOMES IN R-1 AND R-2 ZONING DISTRICT

In two-story homes, the square footage of all attic space where the distance between the top of the ceiling joists and the bottom of the roof sheathing measures five feet or more, shall count as additional floor area.


1

Code reviser’s note: Ordinance 1006 adds these provisions as Section 16.04.665. The section has been editorially renumbered to avoid duplication.