Chapter 11-29
DEFINITIONS

Sections:

Article 1. Definitions

11-29-010    Definitions.

Article 1. Definitions

11-29-010 Definitions.

“Abutting or adjoining” means having district boundaries or lot lines in common.

“Accessory dwelling unit” means an attached or a detached residential dwelling unit which provides complete independent living facilities for one (1) or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit also includes an efficiency unit, as defined in Section 17958.1 of Health and Safety Code, and a manufactured home, as defined in Section 18007 of the Health and Safety Code.

“Accessory structure” means a structure on the same site as the primary structure and which is subordinate to the primary structure and serving a purpose customarily incidental to the principal use such as parking garage, storage building and swimming pool.

“Accessory use” means those uses that are incidental to the original use and that do not alter the character of the premises or the character of the original use.

“Acre, gross” means the area of a lot or site, including easements and right-of-way to be dedicated, but excluding existing public rights-of-way.

“Acre, net” means the area of a lot or site remaining after dedication of all required rights-of-way.

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

“Alter” means to make a change in the exterior appearance or the supporting members of a structure, such as bearing walls, columns, beams, or girders, that will prolong the life of the structure.

“Alteration” means any exterior change or modification of any officially designated cultural resource or of any property located within an historic district, including, but not limited to, exterior changes to or modifications of structure, architectural details or visual characteristics such as paint, color and surface texture, grading, surface paving, new structures, cutting or removal of trees or other natural features, disturbance of archaeological sites or areas, and the placement or removal of any exterior objects such as signs, plaques, light fixtures, street furniture, walls, fences, steps, plantings and landscape accessories affecting the exterior visual qualities of the property.

“Amateur radio operator” means a person operating a radio used for two (2) way radio communications by private individuals as a leisure-time activity. Also known as a “ham radio operator.”

“Antenna” means any system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of electromagnetic signals, including but not limited to radio waves and microwaves.

“Antenna boom” means a long pole extending upward at an angle from a mast or a derrick to support or guide objects being lifted or suspended.

“Antenna turning radius” means the widest radius required to turn the antenna three hundred sixty (360) degrees when attached to a rotor.

Apartment. See “Dwelling, multifamily.”

“Area, lot, parcel, or site” means the horizontal area within the property lines excluding access corridors, vehicular easements, and areas to be included in future street rights-of-way as established by easement, dedication, or ordinance.

“Balcony” means a platform, less than three feet (3') wide, that projects from the wall of a building, typically above the first level, and is surrounded by a rail balustrade or parapet.

“Billboard” means an on-premises or off-premises freestanding sign that exceeds the size limitations of a freestanding or wall sign.

“Building” means any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, chattels, or property of any kind.

“Building coverage” means the area of a site covered by the footprint of a building as measured to the exterior of a wall.

“Carport” means a permanently roofed structure that is open on at least one (1) side, and has no door closure, for the purpose of vehicle storage; see also the definition of “Garage, private.”

“City” means the City of San Juan Bautista.

“Community noise equivalent level (CNEL)” means the average noise level during a twenty-four (24) hour day, in decibels, weighted to account for the lower tolerance of people to noise during evening (7:00 p.m. to 10:00 p.m.) and night (10:00 p.m. to 7:00 a.m.) hours relative to daytime hours.

“Comprehensive sign program” means a general plan for signage, as approved by the City, pertaining to all or any portion of a site and the buildings thereon, which may include, but is not limited to, the area, dimension, color, material, design, size, and illumination of all signs to be erected or installed pursuant to the sign program.

“Conditional uses” means uses permitted subject to approval of a conditional use permit or temporary conditional use permit.

“Convenience store” means retail sales of food, beverages and small convenience items primarily for off-premises consumption and typically found in establishments with long or late hours of operation and a relatively small building. This definition excludes delicatessens and other specialty food shops and establishments having a sizeable assortment of fresh fruits and vegetables, and fresh-cut meat.

“Coverage, building” means the area of the lot covered by buildings. For example, on a typical residential lot, this would include the house, garage and accessory structures, but not the patio, wood deck, pool or roof eaves.

“Coverage, site” means the nonlandscapable portion of a site not covered by buildings. Site coverage may include roofs, balconies, or other types of overhangs extending more than two and one-half feet (2-1/2') from a wall, decks, patios, driveways, walkways, walls, and other paved surfaces. Pervious front walkway and driveway surfaces such as pavers set in sand are excluded from site coverage.

“Cultural resource” means improvements, buildings, structures, signs, features, sites, places, areas or other objects of scientific, educational, cultural, architectural, historical, or archaeological significance to the citizens of the City.

“Day care center, large” means a facility caring for no more than fourteen (14) children, as permitted by Section 1597.465 of the California State Health and Safety Code.

“Day care center, small” means a facility caring for no more than eight (8) children, as permitted by Sections 1597.44 and 1597.45 of the California State Health and Safety Code.

“dBA” means a number in decibels read from a sound level meter with the meter switched to a weighing scale “A.” The number is an approximate measurement of the relative noisiness or annoyance level of common sounds.

“Deck” means a platform, either freestanding or attached to a building, that is supported by pillars or posts (see also “Balcony”).

“Depth” means the horizontal distance between the front and rear property lines of a site measured along a line mid-way between the side property lines.

“District” means a portion of the City within which the use of land and structures and the location, height, and bulk of structures are governed by this Title.

“Dwelling, multifamily” means a building containing two (2) or more dwelling units.

“Dwelling unit” means one (1) or more rooms with a single kitchen, designed for occupancy by one (1) family for living and sleeping purposes.

“Environmental impact report (EIR)” means a report complying with the requirements of the California Environmental Quality Act (CEQA) and its implementing guidelines.

“Existing structure” (for the purposes of defining an allowable space that can be converted to an ADU) means within the four (4) walls and roofline of any structure existing on or after January 1, 2017, that can be made safely habitable under local building codes at the determination of the Building Official regardless of any noncompliance with zoning standards.

“Exterior architectural feature” means the architectural elements embodying style, design, general arrangement and components of all of the outer surfaces of an improvement, including, but not limited to, the kind, color and texture of the building materials and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to such improvement.

“Family” means two (2) or more persons living together as a single housekeeping unit in a dwelling unit; provided, that this shall not exclude the renting of rooms in a dwelling unit as permitted by district regulations.

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

“Floor area, gross” means the total floor space under roof of all floors of a building measured to the outside surfaces of exterior walls, including halls, stairways, elevator shafts, ducts, service and mechanical equipment rooms but excluding basements, exterior roof overhangs, exterior unenclosed balconies, and unenclosed areas underneath exterior decks or balconies and underground garages where at least fifty percent (50%) of the garage is below natural ground level.

“Floor area ratio (FAR)” means ratio of the gross floor area measured to the exterior of a wall of a building to the lot upon which that building is located. For example, a 0.20 FAR would allow two thousand (2,000) square feet of gross floor area on a ten thousand (10,000) square foot lot.

“Formula retail or restaurant business development” means a retail, restaurant, or fast-food business that is required by contractual or other arrangement to maintain standardized services, merchandise, menus, ingredients, food preparation, uniforms, decor, logos, architecture, signs, or similar features.

“Formula visitor accommodations” means a visitor accommodation business that incorporates physical features common among one (1) or more of the other visitor accommodation businesses owned by the same company and that is required by contractual or other arrangement to maintain standardized services, merchandise, uniforms, decor, logos, architecture, signs, or similar features.

“Front building lines” means the line, parallel to the street line, which passes through the point of the principal building face or corner closest to the front lot line.

“Garage, private” means a building for the private use of the owner or occupant of a principal building situated on the same lot as the principal building for the storage of motor vehicles, with no facilities for mechanical service or repair of a commercial or public nature; see also the definition of “Carport.”

“General Plan” means the City of San Juan Bautista General Plan, as amended.

“Grade, existing” means the surface of the ground or pavement at a stated location as it exists prior to disturbance in preparation for a project regulated by this Title.

“Grade, final” means the surface of the ground or pavement at a stated location as it exists at the completion of a project regulated by this Title.

“Height” means a vertical dimension measured from existing grade, unless otherwise specified.

“Home occupation” means any gainful occupation carried out within, and by any occupant of, a dwelling unit, including but not limited to: handicrafts; dressmaking; millinery; office use for a variety of types of businesses and occupations; teaching of music, dancing and other instruction when limited to attendance of one (1) pupil at a time, not to exceed ten (10) pupils per week; and other like occupancies which meet all of the conditions specified in SJBMC 11-04-060(B).

“Homeless 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. Homeless shelters shall be subject to the provisions of Chapter 11-18 SJBMC. “Homeless shelter” means the same as “emergency shelter.”

“Hotel” means a building containing six (6) or more bedrooms without individual cooking facilities which are designed to be used or rented to, or which are occupied by, six (6) or more individuals for compensation whether paid directly or indirectly.

“Illumination, direct” means illumination by means of light that travels directly from its source to the viewer’s eye.

“Illumination, indirect” means illumination by means only of light cast upon an opaque surface from a concealed source.

“Improvement” means any building, structure, place, parking facility, fence, gate, wall, work of art or other object constituting a physical betterment of real property, or any part of such betterment.

“Inn” means a lodging structure containing from two (2) to twelve (12) bedrooms containing facilities designed for limited overnight occupancy for compensation and occupied by the owner and manager. May include dining facilities for guests only.

“Interior yard” means a yard not fronting an alley or a street.

“Large-scale retail business development” means any structure five thousand (5,000) square feet, or more, to be occupied by any one (1) retail establishment. This definition does not include service and community establishments, including, but not limited to, banks, insurance brokerages, real estate brokerages, health centers, governmental uses, community centers, theaters, religious or fraternal uses, and similar establishments. A proposed development where retail sales are an incidental or accessory use to the primary use is not included within this definition.

“Living area” means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure.

“Lot” means a site or parcel of land under one (1) ownership that has been legally subdivided, resubdivided, or combined.

“Lot, corner” means a site bounded by two (2) or more adjacent street lines that have an angle of intersection of not more than one hundred thirty-five (135) degrees. The front yard of a corner lot shall adjoin the shortest street property line; provided, that where street property lines are substantially the same length, the planning director shall determine the location of the front yard.

“Lot, interior” means a lot other than a corner lot.

“Lot or property line, front” means, on an interior lot, the lot line abutting the street; or, in a corner lot, the shorter lot line abutting a street; or, on a flag lot, the interior lot line most parallel to and nearest the street from which access is obtained.

“Lot or property line, interior” means a lot line not abutting a street.

“Lot or property line, rear” means a lot line, not a front lot line, that is parallel or approximately parallel to the front lot line. Where no lot line is within forty-five (45) degrees of being parallel to the front lot line, a line ten feet (10') in length within the lot, parallel to and at the maximum possible distance from the front lot line, shall be deemed the rear lot line for the purpose of measuring rear yard depth.

“Lot or property line, side” means any lot line that is not a front lot line or a rear lot line.

“Lot or property line, street” means a lot line abutting a street.

“Motel” means a building or group of buildings on the same lot, whether detached or in connected rows, containing sleeping or dwelling units independently accessible from the outside, with garage space or parking space located on the lot and designed for or occupied by automobile travelers.

“Natural feature” means any tree, significant shrub grouping, or significant geological formation subject to the provisions of this Title.

“Nonconforming sign” means a sign, outdoor advertising structure, or display of any character which was lawfully erected or displayed, but which does not conform with standards for location, size, or illumination for the district in which it is located by reason of adoption or amendment of this Title or by reason of annexation of territory to the City.

“Nonconforming structure” means a structure which was lawfully erected, but which does not conform with the standards for yard spaces, height of structures, or distances between structures prescribed in the regulations for the district in which the structure is located by reason of adoption or amendment of this Title or by reason of annexation of territory to the City.

“Nonconforming uses” means a use of a structure or land which was lawfully established and maintained, but which does not conform with the use regulations or required conditions for the district in which it is located by reason of adoption or amendment of this Title or by reason of annexation of territory to the City.

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

“Off-street parking facilities” means a site or portion of a site devoted to the off-street parking of motor vehicles, including parking spaces, aisles, access drives, and landscaped areas.

“Open space, common” means an open space within a residential development reserved for the exclusive use of residents of the development and their guests.

“Overlay district” means either HD (city-designated historic district) or NRHD (National Register Third Street Historic District).

“Owner” means the person appearing as the owner of such improvement, natural feature, or site on the latest equalized assessment roll of the County of San Benito.

“Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one (1) entrance of the accessory dwelling unit.

“Permitted” means permitted without a requirement for approval of a use permit or temporary use permit.

“Permitted use” is a use that may not require a use permit.

“Porch” means a covered platform, usually having a separate roof, at an entrance to a dwelling, or an open or enclosed gallery or room, which is not heated or cooled, and attached to the outside of a building.

“Posada” means an existing dwelling unit that presents unique historical or architectural features (determined by the Historic Resources Board) occupied and managed by the owner, containing facilities designed for limited overnight occupancy for compensation with up to five (5) bedrooms available for hire.

“Preservation” means the identification, study, protection, restoration, rehabilitation or enhancement of cultural resources.

“Project” means any proposal for new or changed use, or for new construction, alteration, or enlargement of any structure, that is subject to the provisions of this Title.

“Recreational facilities, commercial” means for-profit facilities such as golf courses, driving ranges, tennis courts, etc.

“Recreational facilities, noncommercial” means not-for-profit facilities for general outdoor recreational uses, including but not limited to tennis and basketball courts; soccer, softball and baseball fields; and picnicking grounds.

“Ridgeline” of a building means the ridge of the roof and often the highest point of a building.

“Satellite antenna” means a device designed to receive data and/or communication signals transmitted from orbiting satellites.

“Sign” means any lettering, symbol or other thing of visual appearance primarily used for, or having the effect of, attracting attention from the street, sidewalk or other outside public arena for advertising or identification purposes. A sign shall not mean displays of merchandise or products for sale on the premises, or ornamentation, designs, pictures, paintings or other such art forms unless the attraction, because of location, size, use or nature thereof, has the substantial effect of attracting attention for advertising or identification purposes when viewed from an outside area.

“Sign area” means the area of the smallest rectangle drawn to include all letters, designs, frame, and structural components which are part of the sign, but excluding any supports, uprights, posts or structures by which any sign is supported unless such supports, uprights, posts or structures are designed in such a manner as to form an integral background of the sign. In computing the area of a double face sign, only one (1) face of the sign shall be included; provided, that the two (2) faces shall be approximately the same size and approximately parallel to each other and not more than two feet (2') apart at any point.

“Sign, construction” means a sign advertising a contractor’s business who is working at a construction site and typically attached to a building(s), fence, or freestanding.

“Sign, directional, off-site” means a sign, located on one (1) parcel, advertising and/or directing traffic to a business located on a different parcel within the City.

“Sign, directional, on-site” means a sign, the sole purpose of which is to direct the flow of traffic, indicate entrances or exits, transmit parking information or convey similar information.

“Sign, freestanding” means a sign supported by one (1) or more upright poles, columns, or braces placed in or on the ground and not attached to any building or structure.

“Sign height” means the vertical distance measured from the lowest ground level directly beneath the sign to the highest point at the top of the sign. The ground level shall be either the natural grade or finished grade, whichever is lowest.

“Sign, identification” means a sign, the sole purpose of which is to identify the site or the building, use or persons occupying the site on which the sign is located.

“Sign, illuminated” means a sign having its own immediate source of internal or external lighting.

“Sign, open house” means an off-site portable sign directing prospective purchasers to the location of a property being offered for sale and open for visitation by the public at the time the sign is displayed.

“Sign, pole” means a sign that is mounted on a freestanding pole or other support so that the bottom edge of the sign face is six feet (6') or more above grade.

“Sign, political” means a temporary sign that directly relates to a candidate for public office or to a ballot issue, in an election conducted by a governmental entity.

“Sign, portable” means any sign which is intended to be moved or capable of being moved, whether or not on wheels or other special supports, including, but not limited to, “A-frame” type signs, placards and banners.

“Sign, real estate” means a temporary sign advertising the sale, lease or rental of the real property, or any portion thereof, upon which the sign is located and the identification of the person handling such sale, lease or rental.

“Sign, special event” means a temporary sign pertaining to events of civic, community, philanthropic, educational or other organizations, which are not conducted in connection with the operation of a commercial enterprise.

“Sign, subdivision” means a temporary sign advertising a subdivision and providing travel directions to properties therein offered for sale or lease for the first time. The term “subdivision sign” also includes a model home sign on the site of a property within the subdivision.

“Sign, temporary” means any sign of paper, metal, plastic or other material that does not require a permit and that can be removed quickly and simply without tools.

“Sign, wall” means a sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign and which does not project more than twelve inches (12") from such a building or structure.

“Sign, window” means a sign that is applied or attached to the exterior or interior of a window or located in such a manner within a building that it can be seen from the exterior of the structure through a window.

“Site coverage” means areas on a site that are nonlandscapable, excluding building coverage.

“Special needs housing” means residential development that qualifies as affordable under Chapter 11-09 SJBMC, or caters to special needs groups, such as seniors, disabled and farmworkers.

“Specific plan” means a plan for a defined area that is consistent with the General Plan and with the provisions of the California Government Code, Section 65450 et seq. (Specific Plans).

“Structure” means anything constructed or erected that requires a location on the ground, including a building or a swimming pool but not including access drives or walks or a fence or a wall used as a fence when the height does not exceed six feet (6').

“Supportive housing” means housing with no limit on length of stay, that is occupied by low income persons 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. Supportive housing is permitted as a residential use and is only subject to those restrictions that apply to other residential dwellings of the same type in the same zone. Therefore, it is permitted in all zones allowing residential uses and is not subject to any restrictions (e.g., occupancy limit) that are not imposed on similar dwellings (e.g., single-family home, apartments) in the same zone in which the supportive housing is located. Supportive housing shall be subject to the provisions of Chapter 11-18 SJBMC.

“Transitional housing” means housing with supportive services for up to twenty-four (24) 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. Transitional housing is permitted as a residential use and is only subject to those restrictions that apply to other residential dwellings of the same type in the same zone. Therefore, it is permitted in all zones allowing residential uses and is not subject to any restrictions (e.g., occupancy limit) that are not imposed on similar dwellings (e.g., single-family home, apartments) in the same zone in which the transitional housing is located. Transitional housing shall be subject to the provisions of Chapter 11-18 SJBMC.

“Transmission line” means an electric power line bringing power to a receiving or distribution substation.

“Use” means the purpose for which a site or structure is arranged, designed, intended, constructed, erected, moved, altered, or enlarged for which either a site or structure is or may be occupied or maintained.

“Use, accessory” means a use that is appropriate, subordinate, and customarily incidental to the main use of the site and which is located on the same site as the main use.

“Visible” means likely to be noticed by a person of average height walking on a street or sidewalk two (2) years after installation of any planting intended to screen a view.

“Water-related” means a use or activity that directly or indirectly serves industries that use water for transportation, thereby gaining sufficient economic benefits by fronting on or being in close proximity to navigable water.

“Width” means the horizontal distance between the side property lines of a site, measured at right angles to the depth at the rear of a required front yard.

“Wireless communication facilities” means a facility that transmits and/or receives electromagnetic signals, including antennas, monopole and/or accessory structures and related equipment.

“Wireless communication service provider” is a company that offers transmission services to users of wireless devices through radio frequency signals rather than through end-to-end wire communication.

“Wireless communication technology” is a term used to describe telecommunications in which electromagnetic waves (rather than some form of wire) carry the signal over part or all of the communication path.

“Yard” or “court” means an open space on the same site as a structure, unoccupied and unobstructed by structures from the ground upward or from the floor level of the structure requiring the yard or court upward, except as otherwise provided in this Title, including a front yard, side yard, rear yard, or court between structures.

“Yard, front” means a yard extending across the full width of a site, the depth of which is the minimum horizontal distance between the front property line and a line parallel thereto on the site.

“Yard, rear” means a yard extending across the full width of a site, the depth of which is the minimum horizontal distance between the rear property line and a line parallel thereto on the site, except that on a corner lot the rear yard shall extend only to the side yard abutting a street.

“Yard, side” means a yard extending from the rear line of the required front yard, or the front property line of the site where no front yard is required, to the front line of the required rear yard, or the rear property line of the site where no rear yard is required, the width of which is the horizontal distance between the side property line and a line parallel thereto on the site, except that the side yard on the street side of a corner lot shall extend to the rear lot line.

“Zoning ordinance” means the zoning ordinance of the City of San Juan Bautista, as amended.

Legislative History: Ords. 2007-03 (2/20/07), 2007-04 (2/20/07), 2007-12 (3/20/07), 2014-03 (9/16/14), 2019-09 (11/19/19), 2021-03 (11/16/21).