Chapter 24.22
DEFINITIONS

Sections:*

24.22.010    General.

*    Editor’s Note: Sections 24.22.012 through 24.22.936 are definitions for Title 24. They are listed alphabetically.

24.22.010 GENERAL.

Unless the context requires otherwise, the following definitions shall be used in the interpretation and construction of this title. Words used in the present tense include the future; the singular number includes the plural, and the plural the singular; the word “structure” includes the word “building”; the word “used” includes arranged, designed, constructed, altered, converted, rented, leased, or intended to be used or occupied; the word “shall” is mandatory; the word “may” is permissive. Whenever any of the following terms is used, it shall mean the corresponding officer or designated representative, department, board or commission of the city of Santa Cruz, California, herein referred to as “the city”: city council (or council), city planning commission (or commission), zoning board (or board), historic preservation commission, director of planning, director of public works (or building official), zoning administrator (or administrator). Various definitions from this section are also part of the Local Coastal Implementation Plan and are identified in the General Plan glossary by a wave symbol.

(Ord. 94-33 § 78, 1994: Ord. 85-05 § 1 (part), 1985).

24.22.012 ACCESSORY DWELLING UNIT.

A dwelling unit accessory to a main single-family dwelling on a parcel of land and which meets the requirements of Chapter 24.16, Part 2 of this title.

(Ord. 2003-17 § 12, 2003: Ord. 85-05 § 1 (part), 1985).

24.22.013 ACCESSORY USE OR STRUCTURE.

A use or structure subordinate to the principal use of a lot, or of a building on the same lot, and serving a purpose clearly or customarily incidental to the principal use of the lot or of the building.

(Ord. 85-05 § 1 (part), 1985).

24.22.014 ACTIVITY.

The performance of construction work, the maintenance of any structure, or the conduct or maintenance of any use of land.

(Ord. 85-05 § 1 (part), 1985).

24.22.015 ADVISORY REVIEW BOARD.

(Repealed by Ord. 94-33 § 80, 1994).

24.22.016 Repealed by Ord. 2006-17.

24.22.017 AFFORDABLE HOUSING TRUST FUND.

A fund established by the council to develop or preserve affordable housing.

(Ord. 2006-17 § 1 (part), 2006: Ord. 85-05 § 1 (part), 1985).

24.22.017.1 AFFORDABLE OWNERSHIP COST.

Average monthly housing costs, during the first calendar year of a household’s occupancy, including mortgage payments, property taxes, homeowners insurance, and homeowners association dues, if any, which do not exceed the following:

(1)    For moderate-income households: one-hundred ten percent of area median, adjusted for assumed household size based on unit size, multiplied by thirty-five percent, and divided by twelve.

(2)    For lower-income households: eighty percent of area median, adjusted for assumed household size based on unit size, multiplied by thirty percent and divided by twelve.

(3)    For density bonus lower income households: seventy percent of area median, adjusted for assumed household size based on unit size, multiplied by thirty percent and divided by twelve.

(4)    For very-low-income households: fifty percent of area median, adjusted for assumed household size based on unit size, multiplied by thirty percent and divided by twelve.

(Ord. 2006-17 § 1 (part), 2006).

24.22.017.2 AFFORDABLE RENT.

Monthly rent, including utilities and all fees for housing services, which does not exceed the following:

(1)    For lower-income households: eighty percent of area median, adjusted for assumed household size based on unit size, multiplied by forty percent, and divided by twelve.

(2)    For density bonus lower income households: sixty percent of area median income, adjusted for assumed household size based on unit size, multiplied by thirty percent and divided by twelve.

(3)    For very-low-income households: fifty percent of area median income, adjusted for assumed household size based on unit size, multiplied by thirty percent and divided by twelve.

(4)    For extremely low-income households: thirty percent of area median income, adjusted for assumed household size based on unit size, multiplied by thirty percent and divided by twelve.

(Ord. 2006-17 § 1 (part), 2006).

24.22.017.3 AFFORDABLE UNITS.

Dwelling units or single-room occupancy units which are affordable to very low, lower, average, or moderate income households as defined by this Zoning Ordinance or by any federal or state housing program and are subject to rental, sale, or resale provisions to maintain affordability.

(Ord. 2006-17 § 1 (part), 2006).

24.22.018 AGED GUEST, AMBULATORY.

An aged person who does not require professional nursing services because of physical or mental conditions, other than supervision because of infirmities of advanced age, confusion, loss of memory or disorientation. The term includes a person, who, under emergency conditions, is able to leave a building unassisted except when suffering from a minor or temporary illness as determined by a physician.

(Ord. 85-05 § 1 (part), 1985).

24.22.022 AGED GUEST, NONAMBULATORY.

An aged person who is unable to leave a building unassisted, under emergency conditions; and a person who, for any reason, requires professional nursing services. The term may include those persons who depend upon mechanical aids such as canes, crutches, wheelchairs, etc.; and may also include those mentally handicapped persons with mild symptoms such as confusion, loss of memory, or disorientation, as determined by the department of social welfare of the county of Santa Cruz.

(Ord. 85-05 § 1 (part), 1985).

24.22.026 AGENT OF OWNER.

Any authorized person acting for the property owner.

(Ord. 85-05 § 1 (part), 1985).

24.22.028 AGGRIEVED PERSON – APPELLANT OF AN APPEALABLE COASTAL PERMIT.

A person qualified to file an appeal of city council action on a coastal permit, as defined in Public Resources Code Section 30801 as follows: “Any person who in person or through a representative, appeared in a public hearing held in conjunction with the decision on the action appealed, or who, by other appropriate means prior to a hearing, informed the City of the nature of his or her concerns, or who for good cause was unable to do either.”

(Ord. 85-05 § 1 (part), 1985).

24.22.030 AGRICULTURE.

The use of the land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, apiaries, and animal farms; but not including stockyards or the commercial feeding of garbage or offal to swine or other animals.

(Ord. 85-05 § 1 (part), 1985).

24.22.034 ALLEY.

A public or private way which affords only secondary access to abutting property.

(Ord. 85-05 § 1 (part), 1985).

24.22.038 ALTERATION.

Any change, addition or modification in construction.

(Ord. 85-05 § 1 (part), 1985).

24.22.042 AMENDMENT.

A revision, addition, or deletion in the wording of this title, or a change in the zone classification or zoning district boundary upon the zoning map.

(Ord. 85-05 § 1 (part), 1985).

24.22.046 ANIMAL.

Any animal, poultry, bird, reptile, fish, or any other creature or any live vertebrate creature other than a human being.

(Ord. 85-05 § 1 (part), 1985).

24.22.050 ANIMAL, DOMESTIC.

Small animals of the type generally accepted as pets, including dogs, cats, rabbits, pigeons, hens, and the like; but not including roosters, quacking ducks, geese, pea fowl, goats, sheep, hogs, or the like.

(Ord. 85-05 § 1 (part), 1985).

24.22.054 ANIMAL FARM.

Any premises on which the primary use is the breeding, raising or maintaining of animals for sale, or where the primary income from the premises is derived from the aforesaid occupation. For the purposes of this title, animals shall include cattle, horses, sheep, rabbits, poultry and the like, but not hogs.

(Ord. 85-05 § 1 (part), 1985).

24.22.058 ANIMAL SHELTER, PRIVATE.

Any structure or enclosure, including but not limited to barns, stables, pens, paddocks, yards, or the like, designed and intended for the keeping of animals on private property.

(Ord. 85-05 § 1 (part), 1985).

24.22.062 ANIMAL SHELTER, PUBLIC.

A facility owned, maintained and operated by a public or quasi-public body or agency for the purpose of the impounding and care of animals.

(Ord. 85-05 § 1 (part), 1985).

24.22.066 APARTMENT.

(See: §24.22.320, Dwelling unit.)

(Ord. 85-05 § 1 (part), 1985).

24.22.070 APARTMENT, EFFICIENCY.

(See: §24.22.334, Dwelling unit, efficiency.)

(Ord. 85-05 § 1 (part), 1985).

24.22.074 APARTMENT HOTEL.

(See: § 24.22.450, Hotel.)

(Ord. 85-05 § 1 (part), 1985).

24.22.076 APARTMENT HOUSE.

(See: § 24.22.306, Dwelling, multiple.)

(Ord. 85-05 § 1 (part), 1985).

24.22.078 APARTMENT MOTEL.

(See: § 24.22.550, Motel.)

(Ord. 85-05 § 1 (part), 1985).

24.22.080 APPLICATION, COMPLETE.

An application shall be deemed complete when it contains all maps, drawings and other information requested by the planning department and, where necessary, an environmental assessment is completed.

(Ord. 85-05 § 1 (part), 1985).

24.22.081 APPEALABLE COASTAL DEVELOPMENT.

A development application for a coastal permit which can be appealed to the Coastal Commission under the terms of this title.

(Ord. 85-05 § 1 (part), 1985).

24.22.082 APPLICANT.

Any person, firm, partnership, association, joint venture, corporation, or any entity, combination of entities or consortium who seek city permits and approval.

(Ord. 85-05 § 1 (part), 1985).

24.22.083 ARCHAEOLOGICAL RESOURCE/CULTURAL RESOURCE.

Any evidence of human occupation and activity which may be used to reconstruct the history and culture of past peoples. This evidence shall include, but not be limited to, human remains, sites, structures, artifacts, and physical remains which existed prior to 1860.

(Ord. 85-05 § 1 (part), 1985).

24.22.083.1 AREA MEDIAN INCOME.

Area median income for Santa Cruz County as published by the State of California pursuant to California Code of Regulations, Title 25, Section 6932, or successor provision. Commonly abbreviated as AMI.

(Ord. 2006-17 § 1 (part), 2006).

24.22.084 AREA OF DEMONSTRATION OF STABILITY.

Includes the base, face and top of all bluffs and cliffs. The extent of the bluff top considered should include the area between the face of the bluff and a line described on the bluff top by the intersection of a plane inclined at a twenty-degree angle from horizontal passing through the toe of the bluff or cliff, or fifty feet inland from the edge of the cliff or bluff, whichever is greater. However, the commission may designate a lesser area of demonstration in specific areas of known geologic stability (as determined by adequate geologic evaluation and historical evidence) or where adequate protective works already exist.

(Ord. 85-05 § 1 (part), 1985).

24.22.085 ART, PUBLIC.

Art that is so located as to be visible to persons in public places, such as, but not limited to, streets, sidewalks, and parks. Public art may not advertise a product or service but may identify a place of business or sponsor. Where public art is in the nature of a sign, such public art may identify a place of business but, may not advertise products or services. A public art exception to the sign regulations is required in such a case.

(Ord. 85-05 § 1 (part), 1985).

24.22.085.1 ASSUMED HOUSEHOLD SIZE BASED ON UNIT SIZE.

A household of one person in a studio apartment, two persons in a one bedroom unit, three persons in a two bedroom unit and one additional person for each additional bedroom thereafter.

(Ord. 2006-17 § 1 (part), 2006).

24.22.086 AT ONE LOCATION.

All adjacent land owned or controlled by the applicant, the property lines of which are contiguous at any point, or the property lines of which are separated only by a public or private street, road, or other public or private right-of-way or separated by other land owned or controlled by the applicant.

(Ord. 85-05 § 1 (part), 1985).

24.22.087 AUTO COURT.

(See: §24.22.550, Motel.)

(Ord. 85-05 § 1 (part), 1985).

24.22.090 AUTOMATIC CAR WASH.

A building or site, or portion thereof, designed and intended for washing motor vehicles; containing mechanical equipment, conveyors, blowers; and washing, rinsing, or drying facilities and the like, for such purposes; whether designed as a principal or an accessory use, and attended or unattended.

(Ord. 85-05 § 1 (part), 1985).

24.22.094 Repealed by Ord. 96-03 § 2, 1996.

24.22.098 Repealed by Ord. 96-03 § 2, 1996.

24.22.102 AUTOMOBILE, OR BOAT, OR TRAILER SALES AREA.

An open area used for the display, sale or rental of new or used motor vehicles, boats, or trailers in operable condition, and where no repair work is done.

(Ord. 85-05 § 1 (part), 1985).

24.22.106 AUTOMOBILE WRECKING YARD.

(See: §24.22.474, Junkyard.)

(Ord. 85-05 § 1 (part), 1985).

24.22.108 Repealed by Ord. 2006-17.

24.22.110 BALCONY.

A cantilevered landing or porch projecting from the exterior wall of a building above the first floor.

(Ord. 85-05 § 1 (part), 1985).

24.22.111 BANNER.

A piece of paper, cloth, canvas or other similar lightweight material containing no written information which is attached to a staff or a structure.

(Ord. 88-20 § 3, 1988).

24.22.111.1 BAR, TAVERN.

Any retail establishment which is not a bona fide restaurant and at which the sale of alcohol beverages for consumption on the premises is the principal use, without the full range of meals provided in a bona fide restaurant. For purposes of regulations regarding on-sale establishments that sell alcohol, this definition shall include any bar, tavern, cocktail lounge, or other similar facility which has obtained an Alcohol Beverage Control license including but not limited to: Type 40, 42, 48, 51, 52, or 61.

(Ord. 95-03 § 2, 1995).

24.22.111a BATHROOM.

1.    Full. A full bathroom should contain at least a sink, toilet and bathtub, shower or bath/shower combination. However, a facility will be considered a full bath if it has a combination of a toilet and a bathing facility.

2.    Partial. A partial (half) bathroom shall have at least a toilet and sink.

(Ord. 94-34 § 18, 1994).

24.22.112 BASEMENT.

Any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as the first story as defined herein. (See: Story.)

(Ord. 85-05 § 1 (part), 1985).

24.22.113 BAY WINDOW.

A large window or group of windows projecting from outer wall of a building and forming a small recessed or partly enclosed extension of the room.

(Ord. 88-19 § 2, 1988).

24.22.114 BEACH RECREATION AREA.

The Pacific Ocean side of Beach Street, from the west side of the Municipal Wharf to the west side of the San Lorenzo River.

(Ord. 85-05 § 1 (part), 1985).

24.22.116 BEDROOM.

Any habitable room with no less than seventy square feet of floor area and no dimension less than seven feet in a dwelling other than bathroom(s), kitchen, living and dining room and three other rooms which are not used for sleeping.

(Ord. 85-05 § 1 (part), 1985).

24.22.117 BED-AND-BREAKFAST INN.

A building containing not more than eight guest rooms, which may be occupied by not more than sixteen persons, which provides guest rooms and breakfast for guests and which is managed and occupied by the owner of the property.

(Ord. 85-05 § 1 (part), 1985).

24.22.118 BEGINNING OF CONSTRUCTION.

The incorporation of labor and material in the foundation of a structure.

(Ord. 85-05 § 1 (part), 1985).

24.22.120 RESERVED.

(Repealed by Ord. 93-09 § 4, 2-23-93).

24.22.122 BENCH.

A seat located upon, or adjacent to, public property for the accommodation of passersby or persons awaiting transportation.

(Ord. 85-05 § 1 (part), 1985).

24.22.126 BLOCK.

A tract of land bounded by streets, dead-ends of streets, railroad rights-of-way, watercourses, city boundaries, or large tracts of land in uses such as parks and golf courses.

(Ord. 85-05 § 1 (part), 1985).

24.22.130 BOARDING HOME FOR THE AGED.

A private residence providing board and room as well as twenty-four-hour protective and personal care and services to ambulatory aged guests, as defined herein, assuming for them responsibilities which go beyond those customarily associated with a landlord-tenant relationship; and where bedside care is provided only for conditions determined by a physician to be temporary and minor. Such establishments do not provide individual cooking and eating facilities for the guests. The term does not include “nursing home” as defined herein. (See: § 24.22.374, Foster Family Home and Group Care Home)

(Ord. 85-05 § 1 (part), 1985).

24.22.134 BOARDING HOUSE.

A lodging house in which meals are provided. (See: §24.22.490, Lodging house.)

(Ord. 85-05 § 1 (part), 1985).

24.22.142 BOAT YARD.

A place where boats are constructed, dismantled, stored, serviced or repaired on a commercial basis, whether within a building or in the open.

(Ord. 85-05 § 1 (part), 1985).

24.22.144 BOATEL.

Any hotel or motel provided with landing facilities to accommodate boats or other vessels.

(Ord. 85-05 § 1 (part), 1985).

24.22.146 BORROW PIT.

An area specially designated and set aside for the removal of natural soils for the use as off-site fill material.

(Ord. 85-05 § 1 (part), 1985).

24.22.150 BRANCH BANK.

A banking facility generally subsidiary to a central or headquarters bank. Such branch banks may or may not offer the full range of banking services; are located primarily for service and convenience to a particular neighborhood service area; and generally contain less than five thousand square feet of floor area.

(Ord. 85-05 § 1 (part), 1985).

24.22.152 BREEZEWAY.

A roofed open passage connecting two buildings.

(Ord. 85-05 § 1 (part), 1985).

24.22.153 BREWPUB.

An establishment in which beer or wine is manufactured in limited quantities for on-site and off-site consumption.

(Ord. 95-03 § 3, 1995).

24.22.154 BUILDING.

Any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property.

(Ord. 85-05 § 1 (part), 1985).

24.22.155 BUILDING COVERAGE.

The sum of the footprints of all buildings on the site, divided by the net lot area.

(Ord. 93-19 § 14, 1993).

24.22.158 BUILDING FACE.

The outer surface of a main exterior wall of a building. For example, a building with a rectangular plan has four main exterior walls and four building faces.

(Ord. 85-05 § 1 (part), 1985).

24.22.162 BUILDING, HEIGHT OF.

The vertical distance from average grade, as defined herein, to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average midpoint of roof planes of the highest gable of a pitch or hip roof. In calculating the height of a stepped or terraced building, the height of each individual segment of the building shall first be calculated; the height of a stepped or terraced building is the height of the tallest segment of the building. Height limitations shall not apply to uses listed in Section 24.12.150, Height limit modifications, of this title.

(Ord. 85-05 § 1 (part), 1985).

24.22.166 BUILDING, MAIN.

A building in which is conducted the principal use of the lot or parcel on which it is situated. In any residential district, any dwelling shall be deemed to be a main building on the lot or parcel on which it is located.

(Ord. 85-05 § 1 (part), 1985).

24.22.170 BUILDING OFFICIAL.

The officer or other designated authority charged with the administration and enforcement of the building, housing, plumbing, electrical and related codes, as provided by Section 18.04.030 of the Municipal Code.

(Ord. 85-05 § 1 (part), 1985).

24.22.174 BUILDING SETBACK BASE LINE.

A line parallel to the centerline of an existing street and at such specified distance therefrom as is established by this title, from which the required setbacks for any use or any zoning district are measured.

(Ord. 85-05 § 1 (part), 1985).

24.22.178 BUILDING SITE.

(See: §24.22.494, Lot.)

(Ord. 85-05 § 1 (part), 1985).

24.22.180 BULK.

Total volume as measured from the exterior surface of a structure.

(Ord. 85-05 § 1 (part), 1985).

24.22.182 BULKHEAD.

A structure, including riprap or sheet piling constructed to separate land and water, and to establish a permanent shoreline.

(Ord. 85-05 § 1 (part), 1985).

24.22.184 CALIFORNIA COASTAL COMMISSION.

The state agency established by state law responsible for carrying out the provisions of the Coastal Act and for review of coastal permits on appeal from local agencies.

(Ord. 85-05 § 1 (part), 1985).

24.22.186 CANOPY.

A structural, ornamental roof-like appendage, free-standing or attached to a building, including roof overhangs, but excluding awnings or metallic hoods.

(Ord. 85-05 § 1 (part), 1985).

24.22.190 CARPORT.

(See: §24.22.394, Garage, private.)

(Ord. 85-05 § 1 (part), 1985).

24.22.192 CARETAKER RESIDENCE.

A mobile home, modular unit, or structure which is used as a residence by a security guard or caretaker of an industrial use, which is located on or adjacent to the premises occupied by the industrial use, and which is reasonably necessary to provide adequate security for the industrial use.

(Ord. 85-05 § 1 (part), 1985).

24.22.198 CENTERLINE.

(See: §24.22.794, Street, centerline of.)

(Ord. 85-05 § 1 (part), 1985).

24.22.200 CHANGE, NONSUBSTANTIVE.

A modification not affecting an essential meaning of an amendment to the Zoning Ordinance or any other action authorized by this title.

(Ord. 85-05 § 1 (part), 1985).

24.22.201 CHANGE, SUBSTANTIVE.

A modification affecting an essential meaning of an amendment to the Zoning Ordinance or any other action authorized by this title.

(Ord. 85-05 § 1 (part), 1985).

24.22.201.1 CHILD CARE FACILITY.

A child daycare facility other than a family daycare home, Section 24.22.355, including, but not limited to, infant centers, preschools, extended daycare facilities, and school age child care centers. This definition is applicable for the purposes of Section 24.16.250 only.

(Ord. 2006-17 § 1 (part), 2006).

24.22.202 CLEAR CORNER TRIANGLE.

A triangular area formed by lot lines adjacent to street, as defined herein, and a line connecting them at points equidistant from their intersection. This distance shall be at least ten feet in residential districts and equal to the front yard setback required in all other districts in which the lot is located.

DISTANCE (in brackets) = At least 10’ in residential districts and no less than front yard setback required in all other districts.

(Ord. 85-05 § 1 (part), 1985).

24.22.206 CLEAR VISION AREA.

A triangular area formed by a line drawn diagonally across the corner of a property, which is adjacent to an A- or an R- District, connecting points at a distance from the property corner equal to the depth of the front or exterior side yard required for such adjacent A- or R- District.

(Ord. 85-05 § 1 (part), 1985).

24.22.210 CLUB, PRIVATE.

A facility owned or operated by the members of an organization for living or recreational purposes, for the benefit of the members or their guests. The term includes country clubs, tennis and swim clubs, social clubs, athletic clubs, fraternal lodges, fraternity and sorority houses, and the like.

(Ord. 85-05 § 1 (part), 1985).

24.22.212 COASTAL DEVELOPMENT.

“Coastal development” means, on land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber-harvesting plan submitted pursuant to the provisions of the Z’berg-Nejedly Forest Practice Act of 1973 (commencing with Public Resources Code Section 4511). Projects which cause the loss of public parking of ten spaces or more in the Seabright or Beach Area Plan area shall be considered coastal development.

(Ord. 85-05 § 1 (part), 1985).

24.22.213 Repealed by Ord. 2006-17.

24.22.214 COMMERCIAL OR C-DISTRICT.

Any zoning district classification, the symbol for which has a “C” prefix. The terms shall include the P-A District.

(Ord. 85-05 § 1 (part), 1985).

24.22.218 COMMISSION.

The city planning commission of the city of Santa Cruz, California.

(Ord. 85-05 § 1 (part), 1985).

24.22.222 COMMUNICATION EQUIPMENT BUILDING.

A building housing electrical and mechanical equipment necessary for the conduct of a communications business, with or without personnel.

(Ord. 85-05 § 1 (part), 1985).

24.22.223 COMMUNITY CARE FACILITY.

Any facility, place, or building which is maintained and operated to provide nonmedical residential care, daycare (other than family daycare homes), or home-finding agency services for children, adults or children and adults, including, but not limited to, the physically handicapped, mentally impaired, or incompetent persons. All community care facilities shall be appropriately licensed or registered pursuant to state law, unless exempted therefrom by state law. This definition and all other definitions relating to community care facilities shall be interpreted so as to be consistent with definitions found in state law or state administrative regulations.

(Ord. 2016-12 § 9, 2016: Ord. 95-03 § 4 (part), 1995: Ord. 85-05 § 1 (part), 1985).

24.22.223A COMMUNITY CARE RESIDENTIAL FACILITY.

1.    A community care residential facility is any family home, group-care facility, or similar facility determined pursuant to state law, for twenty-four-hour nonmedical care of persons in need of personal service, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.

2.    A small community care residential facility is one which serves six or fewer persons.

(Ord. 2016-12 § 10, 2016: Ord. 2012-01 § 4 (part), 2012: Ord. 95-03 § 4 (part), 1995: Ord. 85-05 § 1 (part), 1985).

24.22.223B ALCOHOL OR OTHER DRUG ABUSE RECOVERY OR TREATMENT FACILITY.

A facility licensed under Chapter 7.5 of Part 2 of Division 10.5 of the California Health and Safety Code and providing services which include one or more of the following: detoxification, rehabilitation services, educational sessions, and recovery or treatment planning to promote treatment and maintain recovery from alcohol or other drug problems.

(Ord. 95-03 § 4 (part), 1995).

24.22.224 COMMUNITY HOUSING PROJECT.

A “community housing project” means and includes a community apartment project, a condominium, a condominium project, a stock cooperative, or a planned development designed for or capable of being used for residential purposes. “Community housing project” does not mean or include:

1.    Financing or leasing of apartments, offices, stores, or store space within apartment buildings, industrial buildings, commercial buildings, mobile home parks or trailer parks;

2.    Mineral, oil or gas leases;

3.    Land dedicated for cemetery purposes under the Health and Safety Code of the state of California.

(Ord. 85-05 § 1 (part), 1985).

24.22.225 COMMUNITY GARDEN.

Public and privately owned lands utilized for small-scale flower and vegetable gardens.

(Ord. 93-19 § 12, 1993).

24.22.229 CONDOMINIUM, AIRSPACE.

An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial, or commercial building or such real property, such as an apartment, office or store.

(Ord. 85-05 § 1 (part), 1985).

24.22.230 CONDOMINIUM, GROUNDSPACE.

An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in other portions of such real property.

(Ord. 85-05 § 1 (part), 1985).

24.22.231 CONTIGUOUS.

Bordering on.

(Ord. 85-05 § 1 (part), 1985).

24.22.231.1 CONVENIENCE STORE.

Commercial activities include the retail sale of a limited selection of food, nonalcoholic and alcoholic beverages, and sundry items, primarily for off-premises consumption, and typically found in establishments exhibiting one or more of the following characteristics: (1) sale of alcohol after 11:00 p.m.; (2) designed for brief shopping visits; (3) one to two clerks on duty; (4) having four thousand square feet or less of retail floor space. Establishments which have a sizable assortment of fresh fruits and vegetables and fresh-cut meats are excluded from this category. For purposes of regulations regarding the retail sales of alcoholic beverages, this definition shall include multipurpose service stations of any size, or other similar commercial uses.

(Ord. 95-03 § 5, 1995).

24.22.232 CONVERSION OF USE.

Change of a residential to a nonresidential use or a nonresidential to a residential use.

(Ord. 2016-12 § 11, 2016: Ord. 85-05 § 1 (part), 1985).

24.22.233 CONVERSION, TO COMMUNITY HOUSING PROJECT.

Change of a rental dwelling unit to a community housing project as defined herein.

(Ord. 85-05 § 1 (part), 1985).

24.22.234 CONVALESCENT HOSPITAL.

A type of hospital which provides bed care for persons suffering chronic illness, or convalescent care for patients who, by reason of illness or physical infirmity, are unable to care for themselves properly.

(Ord. 85-05 § 1 (part), 1985).

24.22.235 CONSTRUCTION WORK.

Any work for which a building permit is required, and also includes grading, landscaping, and the erection, installation or painting of signs or public art.

(Ord. 85-05 § 1 (part), 1985).

24.22.235A RESERVED.*

*    Editor’s Note: § 2 of Ordinance 91-18, on the topic of “Construction Activity,” was formerly codified herein. Said ordinance was originally effective 6/11/91, and was scheduled to expire 1/3/92: it was subsequently extended until 1/13/93 by § 2 of Ord 92-02.

24.22.236 COOPERATIVE.

A form of multiple ownership of real estate in which a corporation or business trust entity holds title to a property and grants occupancy rights to particular units to shareholders by means of proprietary leases or similar arrangements.

(Ord. 85-05 § 1 (part), 1985).

24.22.238 COUNCIL.

The city council of the city of Santa Cruz, California.

(Ord. 85-05 § 1 (part), 1985).

24.22.242 COURT.

A space, open and unobstructed to the sky, located at or above grade level on a lot, and bounded on two or more sides by the walls of the building. An inner court is a court entirely within the exterior walls of a building; all other courts are outer courts.

(Ord. 85-05 § 1 (part), 1985).

24.22.246 Repealed by Ord. 2016-12 § 12.

24.22.250 CROP AND TREE FARMING.

The raising for commercial purposes of any truck, or field, or orchard crops, or wholesale nursery or greenhouses, including the necessary buildings incidental to such crops.

(Ord. 85-05 § 1 (part), 1985).

24.22.252 CUPOLA.

A small, usually domed structure surmounting a roof for decorative purposes only. It does not contain flooring nor does it serve as a story.

(Ord. 85-05 § 1 (part), 1985).

24.22.256 DECISION-MAKING BODY.

(See Section 24.22.432, Hearing body.)

(Ord. 85-65 § 3, 1985: Ord. 85-05 § 1 (part), 1985).

24.22.258 DECK.

Platform requiring ground supports usually extending from the main wall of the structure and used as exterior floor space and open on at least three sides.

(Ord. 85-05 § 1 (part), 1985).

24.22.259 DEVELOPED PARCEL.

Parcel of land developed with buildings or structures.

(Ord. 85-05 § 1 (part), 1985).

24.22.260 DEMOLITION.

Destruction of more than fifty percent of the exterior walls of a structure.

(Ord. 2016-12 § 13, 2016: Ord. 85-05 § 1 (part), 1985).

24.22.261 DENSITY BONUS.

An increase in the number of dwelling units over the otherwise allowable residential density under the applicable Zoning Ordinance provisions.

(Ord. 85-05 § 1 (part), 1985).

24.22.262 DE NOVO.

Anew.

(Ord. 85-05 § 1 (part), 1985).

24.22.265 DEVELOPMENT PROJECT.

Any project undertaken for the purpose of development. Includes a project involving the issuance of a permit for construction or reconstruction, but not a permit to operate. Does not include ministerial projects proposed to be carried out or approved by the city.

(Ord. 88-57 § 1, 1988).

24.22.266 DEVELOPMENT STANDARD.

As used in Part 3 of Chapter 24.16, any site or construction condition that applies to a residential or commercial development pursuant to any ordinance, General Plan element, specific plan, or other local condition, law, policy, resolution, or regulation. A “site or construction condition” is a development regulation or law that specifies the physical development of a site and buildings on the site in a residential or commercial development.

(Ord. 2016-12 § 14, 2016: Ord. 2006-17 § 1 (part), 2006).

24.22.270 DISTANCE BETWEEN BUILDINGS.

The shortest horizontal distance between the walls of two buildings.

(Ord. 85-05 § 1 (part), 1985).

24.22.274 DISTRICT.

A portion of the territory of the city of Santa Cruz within which certain uniform regulations and requirements, or various combinations thereof, apply under the provisions of this title; includes zoning district and zone.

(Ord. 85-05 § 1 (part), 1985).

24.22.278 DOCK.

A landing pier for boats; a wharf; a structure supported by pilings or floats in such a manner as to allow flow of water beneath it and on which any buildings constructed are incidental to the use of said structure as a wharf or landing pier.

(Ord. 85-05 § 1 (part), 1985).

24.22.282 DORMITORY.

A residential facility that provides sleeping quarters for a number of people, usually along with common bathroom facilities and recreation areas, generally for students.

(Ord. 2016-12 § 15, 2016: Ord. 85-05 § 1 (part), 1985).

24.22.286 DRIVE-IN REFRESHMENT STAND OR EATING PLACE.

A facility, offering food and/or nonalcoholic beverages, at which persons may expect to be served and/or eat or drink in their automobiles.

(Ord. 85-05 § 1 (part), 1985).

24.22.288 DRIVE-THROUGH USE.

Any use which provides goods, food, or services to persons in automobiles passing past a pickup station, excluding auto-related uses where the products or services are provided for the motor vehicle.

(Ord. 85-05 § 1 (part), 1985).

24.22.290 DRIVEWAY.

A private vehicular access, the use of which is limited to persons residing, employed, or otherwise using or visiting the premises on which it is located.

(Ord. 85-05 § 1 (part), 1985).

24.22.294 DUPLEX.

(See Section 24.22.326, Dwelling, two-family)

(Ord. 85-05 § 1 (part), 1985).

24.22.298 DWELLING, FOUR-FAMILY (FOURPLEX).1

A four-family dwelling or fourplex is a building which is designed or used exclusively as a residence, including four separate dwelling units.

(Ord. 85-05 § 1 (part), 1985).

24.22.302 DWELLING, GROUP.*

A group of two or more detached buildings, each of which contains one or more dwelling units, located on a parcel of land in one ownership.

(Ord. 85-05 § 1 (part), 1985).

24.22.306 DWELLING, MULTIPLE.*

A multifamily dwelling is a building which is designed or used exclusively as a residence, including three or more separate dwelling units or any combination of dwelling unit types.

(Ord. 85-05 § 1 (part), 1985).

24.22.310 DWELLING, ONE-FAMILY.*

A single-family dwelling is a building which is designed or used exclusively as a residence, including only one dwelling unit.

(Ord. 85-05 § 1 (part), 1985).

24.22.314 DWELLING, THREE-FAMILY (TRIPLEX).*

A three-family dwelling or triplex is a building which is designed or used exclusively as a residence, including three separate dwelling units.

(Ord. 85-05 § 1 (part), 1985).

24.22.318 DWELLING, TOWNHOUSE.

A single dwelling unit in a townhouse group, located or capable of being located on a separate lot; and being separated from the adjoining dwelling unit by an approved wall, extending from the foundation through the roof and structurally independent of the corresponding wall of the adjoining unit.

(Ord. 85-05 § 1 (part), 1985).

24.22.320 DWELLING UNIT.

A dwelling unit is a building or portion of a building including one or more rooms which is/are designed or used as a residence by one family or housekeeping unit, with facilities for living, sleeping, eating and food preparation. A dwelling unit shall have only one domestic food preparation facility and shall have interior access between all habitable spaces.

(Ord. 88-51 § 5, 1988).

24.22.322 DWELLING, TOWNHOUSE GROUP.

A group of not fewer than two townhouse dwellings, arranged side-by-side and separated from any other townhouse group by a yard area. All townhouse dwelling groups shall comply with the underlying zoning district development standards.

(Ord. 2005-15 § 16, 2005: Ord. 85-05 § 1 (part), 1985).

24.22.326 DWELLING, TWO-FAMILY (DUPLEX).

A two-family dwelling or duplex is a building which is designed or used exclusively as a residence, including two separate dwelling units.

(Ord. 85-05 § 1 (part), 1985).

24.22.330 Repealed by Ord. 91-13 § 5.

24.22.334 DWELLING UNIT, EFFICIENCY.

Any habitable room having cooking facilities, and intended or designed to be used for combined living, dining, and sleeping purposes. The term includes efficiency apartment and studio apartment.

(Ord. 85-05 § 1 (part), 1985).

24.22.338 EASEMENT.

A limited right of one person or class of persons to use real property owned or occupied by another, which right is generally described specifically as to location and entitlement to use.

(Ord. 85-05 § 1 (part), 1985).

24.22.338.1 EATING AND DRINKING ESTABLISHMENTS – TYPE BONA FIDE RESTAURANT.

A bona fide restaurant is a retail establishment which is regularly and in a bona fide manner used and kept open for the principal purpose of serving a variety of meals or menu items to patrons for compensation, and which has (1) suitable kitchen facilities on the premises which contain conveniences for cooking and/or preparing an assortment of foods which may be required for ordinary meals and for which the kitchen must be kept in a sanitary condition and must be in compliance with the local department of health regulations; (2) a primary use of sit-down service to patrons; (3) adequate eating arrangements for patrons on the premises; (4) sale of alcoholic beverages as an incidental use and only when served at tables or counters; (5) does not include live entertainment except incidental live entertainment. A bona fide restaurant, which includes, but is not limited to, any facility which has obtained a Department of Alcoholic Beverage Control license such as a Type 41 or Type 47, does not include any billiard or pool hall, video arcade, game parlor, card room, gambling establishment, bowling alley, shooting gallery or adult entertainment business; and (6) a minimum of fifty-one percent of the monthly gross receipts shall be from the sale of meals, not to include cover or admission charges, or alcoholic beverages sales, during the same period. The owner/operator may be required to submit certified records or evidence pertaining to the sales of meals and alcoholic beverages to the finance department as part of review of the use permit, upon request by city officials, for the purpose of verifying compliance.

(Ord. 2017-11 § 9, 2017: Ord. 2015-06 § 7 (part), 2015: Ord. 95-03 § 6, 1995: Ord. 88-26 § 17, 1988).

24.22.339 EDUCATIONAL USE.

Any use devoted to education and learning, whether it be public, private, commercial or noncommercial.

(Ord. 85-05 § 1 (part), 1985).

24.22.339.1 EMERGENCY SHELTER.

Housing with minimal supportive services that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter in any facility because of an inability to pay. Emergency shelter operators are not obligated to accept individuals if the shelter is at capacity.

(Ord. 2012-01 § 4 (part), 2012).

24.22.340 ENTERTAINMENT, LIVE.

Live entertainment involves music, comedy, readings, dancing, acting or other entertainment performed by one or more persons, whether or not such person or persons are compensated for such performances. This use includes dancing by patrons to live or recorded music.

(Ord. 2015-06 § 7 (part), 2015: Ord. 2005-30 § 15 (part), 2005).

24.22.341 ENTERTAINMENT, INCIDENTAL LIVE.

Incidental live entertainment is live entertainment with instrumental and vocal music with small personal amplifiers provided for the listening pleasure of patrons, and which does not include karaoke or a disc jockey format or dancing and has an indoor stage/performance area not exceeding eighty square feet.

(Ord. 2015-06 § 7 (part), 2015: Ord. 2005-30 § 15 (part), 2005).

24.22.342 ERECT.

Includes erect, construct, place, relocate, enlarge, substantially alter, attach, suspend, paint, post, or display. Normal maintenance, including refinishing is not included in this definition.

(Ord. 85-05 § 1 (part), 1985).

24.22.346 ESSENTIAL SERVICES.

The erection, construction, installation, alteration, or maintenance by public utilities or municipal or other governmental agencies of gas, electrical, steam or water transmission or distribution systems, including transformers, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such utilities and municipal or other governmental agencies, or for the public health or safety or general community welfare. The term does not include any buildings, electrical substations, or transmission lines of fifty KV or greater capacity.

(Ord. 85-05 § 1 (part), 1985).

24.22.347 EXTERIOR SIDE YARD.

The side yard of a corner property adjacent to the side street.

(Ord. 2016-12 § 16, 2016).

24.22.348 EXERCISE OF PERMIT.

When a building permit is required, a zoning permit shall be considered exercised following the issuance of a valid building permit. When only an occupancy permit is required, a zoning permit shall be considered exercised when the occupancy permit is issued.

(Ord. 94-33 § 81, 1994).

24.22.349 RESERVED.

(This section was added to the code by Ord. 91-29 § 3, 9-24-91. It was subsequently repealed by Ord. 93-22 § 1, 5-11-93).

24.22.350 FACTORY-BUILT HOUSING.

A residential building, dwelling unit or habitable room thereof which is either wholly manufactured or is in substantial part manufactured at an off-site location to be wholly or partially assembled on site, in accordance with regulations adopted by the Commission of Housing and Community Development of the state of California pursuant to Section 19990 et seq. of the Health and Safety Code of the state of California.

(Ord. 85-05 § 1 (part), 1985).

24.22.352 FAMILY.

An individual, or two or more persons living together and occupying a dwelling which is not a rooming house, lodging house or residential institutional use.

(Ord. 85-05 § 1 (part), 1985).

24.22.354 FAMILY ANIMAL FARM.

Any premises on which breeding, raising or maintenance of animals for family consumption takes place. For the purposes of this title, “animals” shall include sheep, rabbits, poultry, pigeons, and female goats, and shall specifically exclude hogs, cattle, quacking ducks, roosters and geese. “Small animals” are defined as rabbits, poultry, and pigeons. “Large animals” are sheep and female goats.

(Ord. 85-05 § 1 (part), 1985).

24.22.355 FAMILY DAYCARE HOME.

1.    A family daycare home means a home that regularly provides care, protection, and supervision for fourteen or fewer children, in the provider’s own home, for periods of less than twenty-four hours per day, while the parents or guardians are away, and is either a large family daycare home or a small family daycare home. Such facilities must be licensed by the state of California and operate under the standards of state law. The capacities include children under the age of ten who live in the home.

a.    A large family daycare home may provide family daycare to seven to twelve children, inclusive, or up to fourteen children, inclusive, if all of the following conditions are met:

(i)    At least one child is enrolled in and attending kindergarten or elementary school and a second child is at least six years of age.

(ii)    No more than three infants are cared for during any time when more than twelve children are being cared for.

(iii)    The licensee notifies a parent that the facility is caring for two additional school age children and that there may be up to thirteen or fourteen children in the home at one time.

(iv)    The licensee obtains the written consent of the property owner when the family daycare home is operated on property that is leased or rented.

b.    A small family daycare home may provide family daycare to six or fewer children, or eight or fewer children if all of the following conditions are met:

(i)    At least one child is enrolled in and attending kindergarten or elementary school and a second child is at least six years of age.

(ii)    No more than two infants are cared for during any time when more than six children are cared for.

(iii)    The licensee notifies each parent that the facility is caring for two additional school age children and that there may be up to seven or eight children in the home at one time.

(iv)    The licensee obtains the written consent of the property owner when the family daycare home is operated on property that is leased or rented.

(Ord. 2016-12 § 17, 2016: Ord. 96-39 § 2, 1996: Ord. 85-05 § 1 (part), 1985).

24.22.356 FEASIBLE.

Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technical factors.

(Ord. 85-05 § 1 (part), 1985).

24.22.357 FENCE.

A barrier enclosing or defining an area, as separating or screening areas, usually made of posts and wires or wood, and including walls or like structures.

(Ord. 85-05 § 1 (part), 1985).

24.22.358 FILLING STATION.

(See: §24.22.678, Service station.)

(Ord. 85-05 § 1 (part), 1985).

24.22.359 FINAL ACTION.

Approval, denial or withdrawal of a project. Appeals of final actions are not subject to statutory time limits.

(Ord. 88-57 § 7, 1988).

24.22.360 FINAL INSPECTION.

Inspection performed by the city planning department to verify completion of the project per approved plans and necessary to allow occupancy.

(Ord. 85-05 § 1 (part), 1985).

24.22.361 FIRST APPROVAL.

The first of the following approvals to occur with respect to a residential development: specific plan, development agreement, planned development permit, tentative map, minor land division, use permit, design permit, building permit, or any other permits listed in Section 24.04.030.

(Ord. 2006-17 § 1 (part), 2006).

24.22.366 FLOOR AREA.

The sum of the gross horizontal real floor area within the perimeter of the outside walls of all buildings, including accessory buildings and accessory dwelling units, on a lot as measured from the exterior surface of the exterior walls, with no deduction for hallways, stairs, closets, wall thickness. The area includes covered residential parking and is the total of all stories. Stairways shall count only once for floor area, however, any portions of buildings, including stairwells, over seventeen feet in interior height, are counted twice for the purposes of computing floor area. Uncovered courtyards or atriums enclosed by three sides and with the space open to the street above the first floor do not count as floor area. Unenclosed porches, balconies, decks, patios, roof overhangs and similar architectural features and non-habitable basements that are fully subterranean below finished grade do not count as floor area.

(Ord. 2000-27 § 7, 2000: Ord. 93-19 § 11, 1993: Ord. 85-05 § 1 (part), 1985).

24.22.367 FLOOR, REAL.

A division between one story and another formed by a horizontal surface composed of an assemblage of components (as framing) or a continuous mass of material (as reinforced concrete).

(Ord. 93-19 § 13, 1993).

24.22.370 FLOOR AREA RATIO.

The gross floor area of all buildings on a lot, divided by the net lot area.

(Ord. 85-05 § 1 (part), 1985).

24.22.372 FOOD PREPARATION FACILITY, DOMESTIC (KITCHEN).

Any room or portion of a room used or designed to be used for cooking and/or preparation of food and containing two or more of the following appliances and/or fixtures; any sink (larger than fourteen inches by fourteen inches and/or having a drain outlet larger than one and one-half inches in diameter), refrigerator (larger than two and one-half cubic feet), hot plate, microwave, burner, stove or oven.

(Ord. 91-13 § 6, 1991; Ord. 88-51 § 2, 1988).

24.22.373 FOOD PREPARATION FACILITY, SPECIAL PURPOSE.

Any room or portion of a room in a dwelling unit used or designed to be used for the preparation of food to serve a special purpose (e.g., a canning kitchen, a catering kitchen). This may be installed in addition to the domestic food preparation facility when approved by administrative use permit in accordance with Section 24.12.145.

(Ord. 88-51 § 3, 1988).

24.22.374 FOSTER FAMILY HOME.

A community care residential facility which is the family residence of the persons operating the facility, in which twenty-four-hour care and supervision are provided for not more than six foster children exclusive of the operator’s own children. See 22 California Administrative Code Section 85023 and Health and Safety Code Section 1502.

(Ord. 85-05 § 1 (part), 1985).

24.22.380 FOURPLEX.

(See: Section 24.22.298, Dwelling, four-family.)

(Ord. 85-05 § 1 (part), 1985).

24.22.386 FREEWAY.

A travelway designated by the California Department of Transportation (CALTRANS) as being a freeway.

(Ord. 85-05 § 1 (part), 1985).

24.22.390 FRONTAGE.

The front of a building or lot facing on a street, place or way.

(Ord. 85-05 § 1 (part), 1985).

24.22.394 GARAGE, PRIVATE.

A building or portion thereof in which motor vehicles may be stored or kept.

(Ord. 85-05 § 1 (part), 1985).

24.22.398 GARAGE, PUBLIC.

A structure or portion thereof, other than a private garage, used for the storage, sale, care, repair, or refinishing of motor vehicles or trailers. (See: Boatyard.)

(Ord. 85-05 § 1 (part), 1985).

24.22.406 GENERAL PLAN.

Comprehensive, long-term plan for the orderly development of the land and the preservation of open space in the city according to Section 65300 et seq., of the California Government Code. The plan is an integrated, internally consistent and compatible statement of land use policies, consisting of maps and texts stating principles, standards, proposals, and objectives as contained in the area plans, required elements or other permitted elements. The Zoning Ordinance shall be consistent with the General Plan.

(Ord. 85-05 § 1 (part), 1985).

24.22.407 GRADE.

The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line or, when the property line is more than five feet from the building, between the building and a line five feet from the building.

(Ord. 85-05 § 1 (part), 1985).

24.22.408 GRADE, AVERAGE.

The average of the finished ground level (grade, as defined herein) at the outermost four corners of a building.

(Ord. 85-05 § 1 (part), 1985).

24.22.418 GROUP DWELLING.

(See: Section 24.22.302, Dwelling, group.)

(Ord. 85-05 § 1 (part), 1985).

24.22.422 GUEST HOUSE.

A detached structure of a permanent type of construction containing living and sleeping quarters which is clearly subordinate and incidental to the main building on the same lot, and which is not separately rented, let, or leased, whether compensation is direct or indirect.

(Ord. 85-05 § 1 (part), 1985).

24.22.426 GUEST RANCH.

A vacation resort, generally a farm or ranch, which derives all or part of its income from the use of its facilities by paying visitors or guests, and provides food, lodging, and entertainment.

(Ord. 85-05 § 1 (part), 1985).

24.22.430 GUEST ROOM.

Any room or rooms used or intended to be used by a guest for sleeping purposes in a principal or detached accessory building, but without kitchen or cooking facilities.

(Ord. 85-05 § 1 (part), 1985).

24.22.431 HABITABLE SPACE.

Space within a structure for living, sleeping, eating and/or food preparation.

(Ord. 88-51 § 1, 1988).

24.22.432 HEARING BODY.

Official or group of officials designated by this title to serve in an advisory capacity and also to hear testimony and take actions on matters relating to the contents of this title. Hearing body is also a decision-making body and includes zoning administrator, zoning board, city planning commission, historic preservation commission, advisory review board, California Coastal Commission and city council.

(Ord. 85-65 § 3, 1985: Ord. 85-05 § 1 (part), 1985).

24.22.434 HELIPAD.

A landing area for helicopters on public or private lands, or buildings, for the picking up and discharging of passengers or freight.

(Ord. 85-05 § 1 (part), 1985).

24.22.437 Repealed by Ord. 2015-06 § 6.

24.22.438 HISTORIC ALTERATION PROJECT, MINOR.

A small project involving an historic building located on the City’s Historic Building Survey or within an historic district but not including a landmark building. Such projects include, but are not limited to, the replacement, addition or deletion of windows and doors and minor additions/alterations to the rear of the property, as approved or amended by resolution of the historic preservation commission.

(Ord. 2003-36 § 1, 2003: Ord. 99-17 § 7, 1999).

24.22.443 HOME OCCUPATION.

All non-residential occupation and use of the property for financial gain which is clearly incidental and secondary to the use of the dwelling for residential purposes.

(Ord. 99-09 § 2, 1999: Ord. 85-05 § 1 (part), 1985).

24.22.446 HOSPITAL.

An institution in which patients are given medical or surgical care and which is licensed by the state to use the title “hospital” without qualifying descriptive word.

(Ord. 85-05 § 1 (part), 1985).

24.22.450 HOTEL.

Any building intended or designed to be used, or which is used, rented or hired out to be occupied or which is occupied for sleeping purposes by guests, and with access to units primarily from interior lobbies, courts or halls. (See: Motel)

(Ord. 85-05 § 1 (part), 1985).

24.22.452 HOUSEBOAT.

Any vessel used or intended to be used primarily as a dwelling unit, in contrast to a vessel used or intended to be used primarily as a pleasure or business craft for transporting persons and goods.

(Ord. 85-05 § 1 (part), 1985).

24.22.452.1 HOUSEHOLD INCOME.

The combined adjusted gross household income for all adult persons living in a living unit as calculated for the purpose of the Section 8 program under the United States Housing Act of 1937, as amended, or its successor provision.

(Ord. 2006-17 § 1 (part), 2006).

24.22.452.2 HOUSEHOLD, LOW OR LOWER INCOME.

A household whose income does not exceed the lower income limits applicable to Santa Cruz County, as published and periodically updated by the California Department of Housing and Community Development pursuant to Section 50079.5 of the California Health and Safety Code.

(Ord. 2006-17 § 1 (part), 2006).

24.22.452.3 HOUSEHOLD, MEDIAN INCOME.

A household whose income does not exceed area median income.

(Ord. 2006-17 § 1 (part), 2006).

24.22.452.4 HOUSEHOLD, MODERATE INCOME.

A household whose income does not exceed the moderate income limits applicable to Santa Cruz County, as published and periodically updated by the California Department of Housing and Community Development pursuant to Section 50079.5 of the California Health and Safety Code.

(Ord. 2006-17 § 1 (part), 2006).

24.22.452.5 HOUSEHOLD, VERY LOW INCOME.

A household whose income does not exceed the very low income limits applicable to Santa Cruz County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50105 of the California Health and Safety Code.

(Ord. 2006-17 § 1 (part), 2006).

24.22.453 HOUSE PET.

(See: §24.22.050, Animal, domestic.)

(Ord. 85-05 § 1 (part), 1985).

24.22.454 HOUSING AUTHORITY.

The Santa Cruz County housing authority.

(Ord. 85-05 § 1 (part), 1985).

24.22.455 Repealed by Ord. 2006-17.

24.22.456 HOUSING DIRECTOR.

The executive director of the Santa Cruz housing authority.

(Ord. 85-05 § 1 (part), 1985).

24.22.457 HUD.

The United States Department of Housing and Urban Development, or its successor.

(Ord. 85-05 § 1 (part), 1985).

24.22.458 IMPERVIOUS SURFACE.

Any material which prevents absorption of stormwater into previously undeveloped land.

(Ord. 85-05 § 1 (part), 1985).

24.22.459 INCENTIVES OR CONCESSIONS.

Regulatory concessions as listed in Section 24.16.255.

(Ord. 2006-17 § 1 (part), 2006).

24.22.460 INCLUSIONARY UNIT.

An ownership or rental dwelling unit which is affordable (as defined by city council) as households with moderate, low or very-low incomes in perpetuity.

(Ord. 96-25 § 2, 1996: Ord. 94-33 § 79, 1994: Ord. 85-05 § 1 (part), 1985).

24.22.461 Repealed by Ord. 2006-17.

24.22.462 INDUSTRIAL OR I-DISTRICT.

Any zoning district classification the symbol for which has an “I” prefix. The term shall include the IL-R District.

(Ord. 85-05 § 1 (part), 1985).

24.22.466 RESERVED.*

*    Editor’s Note: Section 24.22.466, Institution for the Aged, previously contained herein, has been repealed in its entirety by Ord. 88-25, 1988.

24.22.470 RESERVED.*

*    Editor’s Note: Section 24.22.470, Institution for the Children previously contained herein, has been repealed in its entirety by Ord. 88-25, 1988.

24.22.474 JUNK YARD.

A place where waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled or handled. The term includes vehicle wrecking and salvage yards, house wrecking yards, used-lumber yards, and places or yards for the storage of salvaged house wrecking and structural steel materials and equipment; but does not include places where such uses are conducted entirely within a completely enclosed building. The term does not include pawnshops and establishments for the sale, purchase or storage of used furniture and household equipment (when conducted within a completely enclosed building), or for the sale of used cars in operable condition, or salvaged materials incidental to manufacturing operations, nor the holding of damaged or wrecked motor vehicles pending investigation and disposition by any law enforcement agency, court or insurance adjustor.

(Ord. 85-05 § 1 (part), 1985).

24.22.478 KENNEL.

Any premises, except where accessory to an agricultural use, where three or more dogs, ten weeks in age or older, are kept.

(Ord. 85-05 § 1 (part), 1985).

24.22.480 KNOWN ARCHAEOLOGICAL SITE.

Areas containing cultural resources which are known to exist within the city and which are listed in the inventory of known archaeological sites adopted by resolution of the city council.

(Ord. 85-05 § 1 (part), 1985).

24.22.482 LABOR SUPPLY CAMP.

An area or place containing living quarters including dwellings, tents, bunkhouses, trailer coaches, or other housing accommodations, and any accessory dining, sanitary or recreational facilities, maintained by a labor contractor for the housing of farm laborers, for hire for work off the site.

(Ord. 85-05 § 1 (part), 1985).

24.22.484 LANDMARK.

Any site, building, structure, or natural feature that has visual, historic or cultural significance and is so designated by the city council.

(Ord. 86-13 § 7, 1986: Ord. 85-05 § 1 (part), 1985).

24.22.486 LANDSCAPING.

A use of land for permanent, planted ornamental planting and related structures.

(Ord. 85-05 § 1 (part), 1985).

24.22.486.5 LARGE HOME.

Single-family homes over four thousand square feet in R-1-10 Zoning Districts, three thousand five hundred square feet in R-1-7 Zoning Districts, and three thousand square feet in R-1-5 Zoning Districts are considered “large homes.”

(Ord. 2016-12 § 18, 2016).

24.22.487 LIQUOR STORE.

A retail business engaged primarily in the off-premises sale of alcoholic beverages. For the purpose of regulating retail businesses of this type, “primary business” shall mean, the sales of alcoholic beverages represent fifty-one percent or more of gross sale receipts.

(Ord. 95-03 § 8, 1995).

24.22.488 LOCAL AMBIENT.

The term means the mean or middle sound level during a six-minute period as measured with a precision sound level meter, using low response and ‘A’ weighting. The mean or middle sound level shall be determined with the noise source at issue silent, and in the same location as the measurement of the noise level of the source or sources at issue. However, in no case shall the local ambient be considered or determined to be less than forty dB. If a significant portion of the local ambient is produced by one or more individual identifiable sources which would otherwise be operating continuously during the six-minute measurement period, contributing significantly to the ambient sound level, determination of the local ambient shall be accomplished with the separate identifiable noise sources silent.

(Ord. 85-34 § 1 (part), 1985: Ord. 85-05 § 1 (part), 1985).

24.22.489 LOCAL COASTAL PROGRAM.

The city plan consisting of land use plans and implementation measures to carry out and be in full conformity with the California Coastal Act, of 1976. The Local Coastal Program has two components – the Local Coastal Land Use Plan and the Local Coastal Program Implementation Plan.

(Ord. 85-05 § 1 (part), 1985).

24.22.490 LODGING HOUSE.

Any building, or portion thereof, containing not more than five guest rooms, which are used by a total of not more than five guests, where rent is paid in money, goods, labor or otherwise.

(Ord. 85-05 § 1 (part), 1985).

24.22.491 LOFT.

A space directly beneath the roof structure raised above the main floor which opens into interior space. When the total area of such loft exceeds thirty-three and one-third percent of the floor area below the loft it shall be considered a “story.”

(Ord. 85-05 § 1 (part), 1985).

24.22.492 LOFT, SCENERY.

A space directly beneath the roof structure raised above the main floor in which scenery is stored; not found in any residential structure.

(Ord. 85-05 § 1 (part), 1985).

24.22.494 LOT.

A piece or parcel of land, occupied or intended to be occupied, or capable of being occupied, by a permitted principal building or a group of such buildings and accessory buildings, or utilized for a principal use and uses accessory thereto, together with such open spaces as are required by this title; and having frontage on a dedicated, accepted, and improved public street or on a private street which has been approved by the city council, or on a publicly owned plaza, mall, wharf, or parking facility.

(Ord. 85-05 § 1 (part), 1985).

24.22.496 LOT AREA.

The computed area contained within the lot lines.

(Ord. 85-05 § 1 (part), 1985).

24.22.498 LOT AREA, NET.

The area within the lot lines with less than thirty-percent slope and not within a riparian corridor as defined in Section 24.08.2110(g) or a Floodplain (F-P) District.

(Ord. 2006-02 § 6 (part), 2006: Ord. 85-05 § 1 (part), 1985).

24.22.500 Repealed by Ord. 2016-12 § 19.

24.22.502 LOT, EXTERIOR.

A lot abutting upon two or more streets at their intersection, or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than one hundred thirty-five degrees.

(Ord. 85-05 § 1 (part), 1985).

24.22.506 LOT DEPTH.

The average horizontal distance between the front and the rear lot lines, or between the front lot line and the intersection of the two side lot lines if there should be no rear lot line.

(Ord. 85-05 § 1 (part), 1985).

24.22.510 LOT, INTERIOR.

A lot other than an exterior lot.

(Ord. 85-05 § 1 (part), 1985).

24.22.514 LOT LINE.

The property line bounding the lot.

1.    Lot Line, Front. The line separating the lot from the street, or the line separating the principal access to the lot from a publicly owned plaza, mall, wharf, or parking facility. In the case of an exterior lot, the front line is the shorter of any two adjacent street lot lines.

2.    Lot Line, Rear. The lot line opposite to, and most distant from, the front lot line, other than a side lot line.

3.    Lot Line, Side. Any lot line, other than a front or rear lot line, which intersects a front lot line.

(Ord. 85-05 § 1 (part), 1985).

24.22.518 LOT OF RECORD.

A lot or parcel of land held in a separate ownership, as shown on the records of the county recorder on or before November 30, 1957; or a lot legally created and recorded subsequent to that date.

(Ord. 85-05 § 1 (part), 1985).

24.22.520 LOT, SUBSTANDARD RESIDENTIAL.

Any parcel of land in any residential district less than fifty feet wide or less than minimum lot area for district in which located.

(Ord. 85-05 § 1 (part), 1985).

24.22.522 LOT, THROUGH.

A lot having a frontage on two parallel, or approximately parallel, streets.

(Ord. 85-05 § 1 (part), 1985).

24.22.524 LOT, TOWNHOUSE.

A lot created for a single townhouse dwelling as part of a larger townhouse dwelling group. A townhouse lot is not subject to the minimum lot area/width standards for the underlying zoning district. A townhouse lot would follow the footprint of townhouse dwelling but may include private open space area for the townhouse dwelling.

(Ord. 2005-15 § 17, 2005).

24.22.526 LOT WIDTH.

The horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and the rear lot lines.

(Ord. 85-05 § 1 (part), 1985).

24.22.527 Repealed by Ord. 2006-17.

24.22.528 Repealed by Ord. 2006-17.

24.22.529 Repealed by Ord. 2015-06 § 6.

24.22.530 Recodified to Section 24.22.556 by Ord. 2016-12 § 20.

24.22.531 MANUFACTURED HOMES.

A manufactured home means a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or forty body feet or more in length, in the traveling mode, or, when erected on site, is three hundred twenty or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. “Manufactured home” includes any structure that meets all the requirements of this section except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C., Sec. 5401, and following).

(Ord. 2016-12 § 21, 2016).

24.22.532 MARKET RATE UNIT.

A dwelling unit which is not subject to the rental, sale or resale regulations of Part 1, Chapter 24.16.

(Ord. 85-05 § 1 (part), 1985).

24.22.534 MARQUEE.

A structural flat roof structure attached to and supported by a building and projecting over public property.

(Ord. 85-05 § 1 (part), 1985).

24.22.536 MATERIAL CHANGE.

Any exterior alteration for which a building permit is required and which will cause a change in the exterior appearance of a structure. This shall not include painting and ordinary maintenance, which do not require a permit.

(Ord. 85-05 § 1 (part), 1985).

24.22.537 MAXIMUM RESIDENTIAL DENSITY.

The maximum number of dwelling units or single-family occupancy units permitted by the Zoning Ordinance on the date an application for a residential development is deemed complete. This definition is used to calculate a density bonus pursuant to Part 3 of Chapter 24.16.

(Ord. 2006-17 § 1 (part), 2006).

24.22.538 MEDICAL CLINIC.

An establishment occupied by persons licensed to practice medicine and where business hours extend beyond 9:00 p.m. on any weekday and/or into Saturday afternoons and/or Sundays.

(Ord. 88-17 § 3, 1988: Ord. 85-05 § 1 (part), 1985).

24.22.539 MEDICAL MARIJUANA PROVIDER ASSOCIATION DISPENSARIES.

A nonresidential occupancy that is limited to the cultivation, production, acquisition and dispensing of medical marijuana and further by the siting criteria, performance standards and conditions of approval imposed on each establishment by the zoning board and zoning administrator, pursuant to Sections 24.08.040 and 24.12.1300. In addition, this use shall not be permitted as an accessory use to any other principal, special, or conditional use, nor may it be permitted as a home business, within any district of the city.

(Ord. 2010-08 § 1 (part), 2010: Ord. 2000-12 § 7, 2000).

24.22.540 MEDICAL OFFICES.

An establishment occupied by persons licensed to practice medicine and where business hours do not go beyond 9:00 p.m. on weekdays, and/or beyond Saturday morning on weekends.

(Ord. 88-17 § 4, 1988).

24.22.541 MINISTERIAL PROJECT.

A ministerial project is one where there is no special discretion or judgment required to be exercised in granting a permit. The project is evaluated by the application of fixed standards or objective measurements.

(Ord. 88-57 § 8, 1988).

24.22.542 MOBILE HOME.

A structure that was constructed prior to June 15, 1976, transportable in one or more sections, which, in a travel mode, is eight feet or more in width, or forty feet in length, or, when erected on site, is three hundred twenty square feet or more, and which is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. “Mobile home” includes any structure that meets all the requirements of this section and complies with the state standards for mobile homes in effect at the time of construction. “Mobile home” does not include a commercial modular, as defined in Section 18001.8, factory-built housing, as defined in Section 19971, a manufactured home, as defined in Section 18007, a multifamily manufactured home, as defined in Section 18008.7, or a recreational vehicle, as defined in Section 18010, of the California Health and Safety Code.

(Ord. 2016-12 § 22, 2016: Ord. 85-05 § 1 (part), 1985).

24.22.544 MOBILE HOME, DOUBLE-WIDE.

A mobile home built and transported on two or more separate chassis, designed to be joined at the location of use to form a single dwelling.

(Ord. 85-05 § 1 (part), 1985).

24.22.546 MOBILE HOME PARK.

Any parcel of land or portion thereof which is used or offered for use as a location for two or more mobile homes.

(Ord. 85-05 § 1 (part), 1985).

24.22.550 MOTEL.

A building or a group of buildings designed to provide individual sleeping or living units for transient guests, not more than one-half containing cooking or other kitchen facilities, and with access to the units primarily from exterior courts, malls, balconies, parking areas or grounds.

(Ord. 85-05 § 1 (part), 1985).

24.22.554 MOTOR COURT, MOTOR HOTEL.

(See: Section 24.22.550, Motel.)

(Ord. 85-05 § 1 (part), 1985).

24.22.556 MOTOR UTILITY FACILITY.

Water treatment plants, pumps for water or sewage, tanks for storage of water or gas, gas regulating stations, communication equipment buildings, electrical generating plants, electrical distribution and transmission stations, and electric transmission lines with a capacity of more than thirty-four thousand five hundred volts.

(Ord. 2016-12 § 20, 2016: Ord. 85-05 § 1 (part), 1985. Formerly 24.22.530).

24.22.558 MULTIPLE DWELLING.

(See: Section 24.22.306, Dwelling, multiple.)

(Ord. 85-05 § 1 (part), 1985).

24.22.559 MURAL.

A painting or other artwork which is applied to a wall surface. A mural is distinguished from a sign in that it does not advertise a business as its principal purpose.

(Ord. 91-29 § 3, 1991).

24.22.560 NEIGHBORHOOD.

An area within a one-half-mile radius of a specified site.

(Ord. 85-05 § 1 (part), 1985).

24.22.560.1 NIGHTCLUB.

A nightclub is a retail establishment which is regularly and in a bona fide manner used and kept open for the principal purpose of providing live entertainment, food, and beer and wine or distilled spirits; is considered a public premises which does not allow entrance to any person under twenty-one years of age; does not allow for sale of alcoholic beverages for consumption off the premises and is considered a high-risk alcohol establishment.

(Ord. 2015-06 § 7 (part), 2015: Ord. 95-03 § 10, 1995).

24.22.561 NOISE LEVEL.

The term means the maximum continuous sound level of repetitive peak level produced by a source or group of sources as measured with a precision sound level meter using the “A” weighting scale, and the meter response function set to “slow.”

(Ord. 85-34 § 1 (part), 1985: Ord. 85-05 § 1 (part), 1985).

24.22.562 NONCONFORMING STRUCTURE.

A structure which was lawfully erected prior to the adoption of this title, but which, as a result of changes to this title, does not conform to the standards of coverage, yards, height of structure, or distance between structures prescribed in the regulations for the district in which the structure is located.

(Ord. 90-15 § 3, 1990: Ord. 85-05 § 1 (part), 1985).

24.22.566 NONCONFORMING USE.

A use which was lawfully established and maintained prior to the adoption of this title, but which, as a result of changes to this title, does not conform to use requirements of this title. A use is nonconforming if it is not a permitted use in the district in which it is located, has not been issued a use permit if one is required, fails to meet parking requirements, or violates performance standards. A residential use is also nonconforming if it entails more dwelling units than are permitted by the district in which the use is located.

(Ord. 90-15 § 4, 1990: Ord. 85-05 § 1 (part), 1985).

24.22.568 NUISANCE.

Something offensive or annoying to individuals or to the community, especially in violation of their legal rights.

(Ord. 85-05 § 1 (part), 1985).

24.22.570 NURSING HOME.

Any premises with sleeping rooms where persons are lodged and furnished with meals and nursing care, not including persons suffering from contagious disease, mental disease, alcoholism, or drug addiction.

(Ord. 85-05 § 1 (part), 1985).

24.22.574 OCCUPANCY.

The purpose for which a building is used or intended to be used. The term shall also include the building or room housing such use. Change of occupancy is not intended to include change of tenants or proprietors.

(Ord. 85-05 § 1 (part), 1985).

24.22.576 OCCUPANCY PERMIT.

A required permit allowing nonresidential occupancy of a building or structure after it has been determined that conformance with all conditions of approval and applicable ordinances has been achieved.

(Ord. 85-47 § 4, 1985: Ord. 85-05 § 1 (part), 1985).

24.22.577 OFF-SALE LIQUOR ESTABLISHMENT.

Any establishment which is applying for or has obtained a liquor license from the California Department of Alcoholic Beverage Control for the sale of alcoholic beverages for off-site consumption only, including license Types 20 and 21.

(Ord. 95-03 § 11, 1995).

24.22.578 OFF-SHORE.

Land below “mean higher high water” as defined by the United States Coast and Geodetic Survey.

(Ord. 85-05 § 1 (part), 1985).

24.22.580 ON-SALE LIQUOR ESTABLISHMENT.

Any establishment wherein alcoholic beverages are sold, served or given away for consumption on the premises including, but not limited to, any facility which has obtained an Alcoholic Beverage Control license Type 42, 48, 51, 52, or 63. Typical on-sale uses include, but are not limited to, the following establishments: bars, taverns, brewpubs, restaurants, ballrooms, dance bars, piano bars, billiard and/or game parlors, nightclubs or other private clubs, and veterans’ clubs.

(Ord. 95-03 § 12, 1995).

24.22.582 ON-SHORE.

Land above “mean higher high water” as defined by the United States Coast and Geodetic Survey.

(Ord. 85-05 § 1 (part), 1985).

24.22.586 OPEN SPACE, USABLE.

Outdoor area on the ground, roof, balcony, deck, or porch which is designed and used for outdoor living, recreation, pedestrian access, or landscaping. The term shall not include off-street parking or driveway areas, nor shall more than twenty-five percent of the required open space be assigned to roof or private balcony areas, nor shall such area have a slope greater than ten percent, or any dimension of less than ten feet. The term may include private balconies if their least dimension is four feet or more.

(Ord. 85-05 § 1 (part), 1985).

24.22.588 OWNER.

A person, persons, or corporation holding fee title to property within the city of Santa Cruz as shown in the most recent assessor’s roll in the county of Santa Cruz.

(Ord. 85-05 § 1 (part), 1985).

24.22.589 PALEONTOLOGICAL RESOURCES.

Any fossilized remains, traces, or imprints of organisms, preserved in or on the earth’s crust, that are of paleontological interest and that provide information about the history of life on earth, except that the term does not include:

(A)    Any materials associated with an archaeological resource (as defined in Section 3(1) of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470bb(1)); or

(B)    Any cultural item (as defined in Section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001)).

(Ord. 2013-09 § 3, 2013).

24.22.590 PARKING AREA, PRIVATE.

An open area for the same uses as a private garage.

(Ord. 85-05 § 1 (part), 1985).

24.22.594 PARKING FACILITY, OFF-STREET.

A site or a portion of a site, devoted to off-street parking or vehicles, including parking spaces, aisles, access drives and landscaped areas, and providing vehicular access to a public street.

(Ord. 85-05 § 1 (part), 1985).

24.22.596 PARKING FACILITY, OFF-STREET, TEMPORARY.

An off-street parking facility intended for use during a limited period of time not to exceed one year.

(Ord. 85-05 § 1 (part), 1985).

24.22.599 PARKING SPACE, BICYCLE.

A permanent parking space designed for bicycles, measuring no less than six feet long by two feet wide, with a parking rack securely fastened to the lot surface and capable of storing bicycles of various sizes in a vertical position.

(Ord. 85-05 § 1 (part), 1985).

24.22.600 PARKING SPACE, COMPACT CAR.

An off-street parking space designed specifically for use of compact cars, measuring not less than sixteen feet in length by seven and one-half feet in width.

(Ord. 85-05 § 1 (part), 1985).

24.22.602 PARKING SPACE, OFF-STREET.

A permanently surfaced area for vehicular parking, measuring not less than eight and one-half feet in width by nineteen feet in depth, at any point, either within a structure or in the open, and excluding aisles, driveways, and access drives; and connected to a public street, alley or other public way by a permanently surfaced driveway or access drive.

(Ord. 85-05 § 1 (part), 1985).

24.22.606 PATIO SHELTER.

A roof of approved translucent material, or combination of noncombustible opaque and translucent material, supported upon posts and open on two or more sides.

(Ord. 85-05 § 1 (part), 1985).

24.22.610 PERFORMANCE STANDARDS.

Regulations for the control of the output of dangerous or objectionable elements by industries, and for the control of potential nuisance factors by any use, commercial, industrial and residential, or regulations necessary for the compatible existence of a particular use with its surroundings.

(Ord. 85-05 § 1 (part), 1985).

24.22.611 PHYSICAL FITNESS FACILITY.

An establishment designed to promote health through participation in physical activity. A single-program facility provides space and equipment for one specific activity, for example, racquetball or weightlifting; a multiprogram facility provides two or more activities within the structure and/or site occupied by the use.

(Ord. 90-38 § 2, 1990).

24.22.612 PHYSICAL THERAPY CLINICS.

An establishment operated by persons licensed to practice physical therapy and providing physical therapy services.

(Ord. 90-38 § 3, 1990).

24.22.613 PRECISION SOUND LEVEL METER.

The term means a device for measuring sound level in decibel units within the performance specifications in the American National Standards Institute Standard S1.4 Specification for Sound Level Meters.

(Ord. 85-34 § 1 (part), 1985: Ord. 85-05 § 1 (part), 1985).

24.22.614 PERMITTED USE.

For the purpose of this title, a permitted use in any district shall include any use listed as a principal permitted use or as an accessory use. The term further includes a conditional use, as listed for the particular district, provided a conditional use permit is obtained.

(Ord. 85-05 § 1 (part), 1985).

24.22.615 PERSONS.

Includes individual persons and any form of organization, including but not limited to sole proprietorships, partnerships, corporations, trusts, and any other form of commercial or noncommercial enterprise; “person” applies to any person who is the owner, lessee, sublessee, manager of premises, to any other person who is in possession of or in charge of premises, and to any person who has management or supervisory authority or responsibility to direct construction work or any other activity or use taking place on premises.

(Ord. 85-05 § 1 (part), 1985).

24.22.616 PLANNING DEPARTMENT.

Planning and community development department of the city of Santa Cruz.

(Ord. 85-05 § 1 (part), 1985).

24.22.617 PORCH.

A roofed approach to a doorway usually extending from the exterior wall of the structure and requiring ground supports.

(Ord. 85-05 § 1 (part), 1985).

24.22.618 PRECISE DEVELOPMENT PLAN.

A description of the development proposed within a particular P-D District, consisting, at a minimum, of a map and a written statement setting forth the regulations governing, and the location and arrangement of, all proposed uses and improvements to be included in the development. Precise development plans may include, but are not limited to, a legal description, a subdivision map, precise site and plot plans, architectural drawings, landscape plans, building plans, building elevations; studies and analysis of population, density, traffic, engineering, economic and social factors, community and environmental impact, and the like. Precise development plans shall be supplemented and accompanied by such other material and information as may be required to initiate actual development of construction.

(Ord. 85-05 § 1 (part), 1985).

24.22.618.1 PRINCIPAL RESIDENCE.*

The dwelling a person physically occupies and lives in on a day-to-day basis. A person may have only one principal residence at a time. If a person alternates between two or more properties, the principal residence will be the one lived in the majority of days during the year. Whether a property qualifies as a principal residence depends on the facts and circumstances in each case, including the good faith of the homeowner. In addition to a homeowner’s use of the property, the following factors are relevant when determining principal residence: the address listed on the homeowner’s federal and state tax returns, bank account, car registration, driver’s license, voter registration and employment records; the mailing address for bills and correspondence; and whether the homeowner has been granted a homeowner’s exemption pursuant to California Revenue and Taxation Code Section 218 which is on file in the County Assessor’s Office.

(Ord. 2007-20 § 1, 2007).

*    Editor’s Note: Ord. 2007-20 added this section as Section 24.22.540. It was editorially renumbered to avoid duplication and to preserve alphabetization.

24.22.619 PRIVATE OPEN SPACE.

“Private open space” means outdoor area either at ground level or on a balcony which is appurtenant to a dwelling unit and designed for the exclusive use of the occupants of that dwelling unit.

(Ord. 85-05 § 1 (part), 1985).

24.22.620 PRIVATE RECREATION.

Any recreational use limited to members and their invitees whether for profit or otherwise.

(Ord. 85-05 § 1 (part), 1985).

24.22.621 Repealed by Ord. 2006-17.

24.22.622 PUBLIC.

A land use or a building open to the public, whether free or on a fee basis.

(Ord. 85-05 § 1 (part), 1985).

24.22.623 PROPERTY PLANE.

The term means a vertical plane including the property line which determines the property boundaries in space.

(Ord. 85-34 § 1 (part), 1985: Ord. 85-05 § 1 (part), 1985).

24.22.624 PUBLIC HEARING.

A meeting noticed as required by this ordinance in which testimony and arguments are presented publicly before any of the hearing bodies established herein: zoning administrator, zoning board, city planning commission, city council, etc.

(Ord. 85-05 § 1 (part), 1985).

24.22.625 PUBLIC RECREATION.

Any recreational use that is not private.

(Ord. 85-05 § 1 (part), 1985).

24.22.626 PUBLICLY OWNED.

Land or buildings owned or operated by a governmental or other public agency.

(Ord. 85-05 § 1 (part), 1985).

24.22.630 QUASI-PUBLIC.

Used as, or seemingly, public.

(Ord. 85-05 § 1 (part), 1985).

24.22.634 RECREATION FACILITY, COMMERCIAL.

Recreation facilities operated as a business and open to the public for a fee.

(Ord. 85-05 § 1 (part), 1985).

24.22.638 RECREATION FACILITY, PRIVATE.

Clubs or noncommercial recreation facilities which are operated by a not-for-profit organization and open only to bona fide members and guests of such not-for-profit organizations.

(Ord. 85-05 § 1 (part), 1985).

24.22.640 RECREATION FACILITY, PUBLIC.

Publicly owned or operated recreation facilities.

(Ord. 85-05 § 1 (part), 1985).

24.22.641 RECYCLING COLLECTION FACILITY.

A facility designed to accept recyclable materials such as aluminum, glass, plastic or paper intended for remanufacture or clothing and household goods intended for redistribution or resale. Such facilities may take the form of mobile or stationary units or reverse vending machines. Such facilities may also be accessory uses when they are in connection with other principal uses.

(Ord. 87-22 § 11, 1987: Ord. 85-05 § 1 (part), 1985).

24.22.642 REHABILITATE.

To improve a structure in order to correct a health and/or safety problem.

(Ord. 85-05 § 1 (part), 1985).

24.22.643 REMODEL.

To renovate or add-on to a structure for purposes other than health and safety.

(Ord. 85-05 § 1 (part), 1985).

24.22.644 Repealed by Ord. 2006-17.

24.22.645 RESIDENTIAL DEVELOPMENT.

Any project requiring any discretionary permit from the city, or a building permit, for which an application has been submitted to the city, and which would create two or more new or additional dwelling units or single-room occupancy units by construction or alteration of structures.

(Ord. 2006-17 § 1 (part), 2006).

24.22.646 RESIDENCE HALL.

An establishment providing living quarters including dormitories for five or more persons, with or without meals, by the week or by the month, for rent paid in money, goods, labor, or otherwise; and providing communal kitchen and dining facilities.

(Ord. 85-05 § 1 (part), 1985).

24.22.650 RESIDENTIAL DENSITY.

A computation expressing the number of dwelling units per acre, based on the net lot area, where acreage excludes land with greater than thirty-percent slopes, within a riparian corridor as defined in Section 24.08.2110(g), and land dedicated to streets and alleys.

(Ord. 2006-02 § 6 (part), 2006: Ord. 85-05 § 1 (part), 1985).

24.22.654 RESIDENTIAL OR R-DISTRICT.

Any district classification the symbol for which has an “R” prefix. The term shall include the E-A and the OF-R Districts.

(Ord. 85-05 § 1 (part), 1985).

24.22.658 REST HOME.

(See: §24.22.130, Boarding home for the aged.)

(Ord. 85-05 § 1 (part), 1985).

24.22.660 RESERVED.*

*    Editor’s Note: Section 24.22.660, Restaurant, as originally adopted by Ord. 85-05, and amended by Ord. 86-12, has been repealed in its entirety by Ord. 88-26 § 17, 5-10-88.

24.22.661 RESTAURANT, FAST-FOOD.

An establishment whose principal business is the sale of food for consumption either on or off premises; where orders are served at a counter and where food is frequently served in disposable packaging.

(Ord. 86-12 § 4, 1986: Ord. 85-05 § 1 (part), 1985).

24.22.662 RETIREMENT HOME OR CENTER.

Multiple dwelling units containing not less than four dwelling units which are designated and intended to provide suitable living quarters and specialized services to elderly, or retired, ambulatory persons. These units are designed to serve elderly persons, and may include such special facilities and services as, but not limited to, communal cooking and eating areas, special dietary programs, wheelchair ramps, hallway handrails and other special features and programs intended to serve the needs of elderly, retired persons.

(Ord. 85-05 § 1 (part), 1985).

24.22.666 REZONING OR RECLASSIFICATION.

(See: §24.22.042, Amendment.)

(Ord. 85-05 § 1 (part), 1985).

24.22.670 RIGHT-OF-WAY.

The whole or any part of the width of a road, street or highway whether or not such entire area is actually used for road, street or highway purposes.

(Ord. 85-05 § 1 (part), 1985).

24.22.674 ROOMING HOUSE.

A private residence providing living quarters, with or without meals, by the week or by the month, for rent paid in money, goods, labor, etc., for at least six but not more than fifteen guests.

(Ord. 85-05 § 1 (part), 1985).

24.22.675 SALVAGE YARD.

(See: §24.22.474, Junkyard.)

(Ord. 85-05 § 1 (part), 1985).

24.22.676 SCIENTIFIC USE.

An industrial use devoted to research and development.

(Ord. 85-05 § 1 (part), 1985).

24.22.677 SECTION 8 (OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1965).

A federal rent subsidy program (or its successors) in which eligible, very-low-income and low-income households receive financial assistance to rent housing units.

(Ord. 85-05 § 1 (part), 1985).

24.22.678 SERVICE STATIONS.

A parcel of land, or any portion of a parcel of land, developed for the purpose of, and with facilities for, the sale of motor vehicle fuels; and which may also provide lubricants, tires, batteries accessory items, and other customary services for motor vehicles.

The servicing of vehicles shall be limited to lubrication, nonmechanical washing, the replacement of spark plugs, lamps, fanbelts and batteries, the repair or replacement of tires and tubes; and minor engine and body repair. Major engine, differential and transmission repair shall not be permitted.

Service stations may be full-service, self-service or include a sizable nongasoline retail component (multipurpose service station).

1.    Service Station, Full-Service. A service station where one or more gasoline pumps are staffed by a station attendant during all business hours, and which may include not more then two hundred twenty-five square feet of retail use.

2.    Service Station, Self-Service. Service stations which provide gas, oil, water and air, delivered by the consumer, and public restrooms and which may include not more than two hundred twenty-five square feet of retail use.

3.    Service Station, Multipurpose. A service station which is either full- or self-service or a combination and includes over two hundred twenty-five square feet of retail activities.

(Ord. 87-02 § 1, 1987; Ord. 85-32 § 2, 1985: Ord. 85-05 § 1 (part), 1985).

24.22.682 RESERVED.

(Repealed by Ord. 85-32 § 3, 1985).

24.22.686 SERVICE STATION, PUMP ISLAND.

A facility, generally a raised concrete apron, designed primarily to hold motor vehicle fuel dispensing devices, and separated from other pump islands by sufficient space for the maneuvering of an automobile. No pump island shall be designed to contain more than three dual-outlet dispensing units, or a total of six hose outlets.

(Ord. 85-05 § 1 (part), 1985).

24.22.690 SETBACK.

The distance between any use or structure and a property line, street or alley, right-of-way line, building, mean high tide line, or the like. Required setbacks are included in the district standards.

(Ord. 2016-12 § 23, 2016: Ord. 85-05 § 1 (part), 1985).

24.22.694 SHOPPING CENTER.

A combination of five or more retail businesses on a single or commonly owned parcel of land.

(Ord. 85-05 § 1 (part), 1985).

24.22.698 SHORELINE.

The boundary between land above and land below “mean higher high water,” as defined by the latest United States Coast and Geodetic Survey.

(Ord. 85-05 § 1 (part), 1985).

24.22.699 SHORT TERM/VACATION RENTAL.

“Short term/vacation rental” is a residential unit in which overnight accommodations are offered for hire, or in which living accommodations for periods of less than thirty days are customarily offered for hire, or otherwise used in a manner or purpose that would require the owner to comply with the requirements of Chapter 3.28, Transient Occupancy Tax.

(Ord. 2015-15 § 3, 2015).

24.22.700 SIDEWALK.

“Sidewalk” means that portion of the street between the curblines or the lateral lines of roadway and the adjacent property lines intended for use by pedestrians.

(Ord. 91-29 § 3, 1992).

24.22.702 SIGN.

Any structure, device, or design and appurtenant light structures used principally to advertise or attract attention of the public. The term shall not include the United States Flag, or any governmental flag, properly displayed in an approved manner, patriotic bunting, and donor’s memorial plaques.

(Ord. 85-05 § 1 (part), 1985).

24.22.706 SIGN, ANIMATED.

A sign, or any device designed to attract attention by visual means through the movement or semblance of movement of the whole or any part of the sign.

(Ord. 85-05 § 1 (part), 1985).

24.22.710 SIGN AREA.

The area which is framed either physically or visually by the construction, design, or layout of the sign itself; but not including supporting structures.

(Ord. 85-05 § 1 (part), 1985).

24.22.715 SIGN, COMMERCIAL.

A “commercial sign” is one whose message concerns goods or services offered for profit by a person engaged in a profit-oriented business. Commercial signs do not include:

1.    Advertising displays erected by not-for-profit organizations for fund-raising and related purposes, or

2.    Signs containing political, civic, public service, or religious messages.

3.    All signs that are not commercial are noncommercial.

(Ord. 85-05 § 1 (part), 1985).

24.22.718 SIGN, FREE STANDING.

Any sign standing on the ground or the support for which stands or rests on the ground. Such signs are usually, but not necessarily, supported from the ground by one or more poles or posts, or similar uprights, with or without braces.

(Ord. 85-05 § 1 (part), 1985).

24.22.722 SIGN, PROJECTING.

A sign, other than a wall sign, which is suspended from or supported by a building or wall, and which projects outward therefrom.

(Ord. 85-05 § 1 (part), 1985).

24.22.726 SIGN, ROOF.

A sign erected upon or over the roof or parapet of any building.

(Ord. 85-05 § 1 (part), 1985).

24.22.730 SIGN, SHORT-TERM.

A sign to be displayed for less than thirty days, including portable shielded arc-type searchlights.

(Ord. 88-20 § 2, 1988: Ord. 85-05 § 1 (part), 1985).

24.22.734 SIGN, TIME AND TEMPERATURE DEVICE.

Any mechanism that displays the time and/or temperature, but does not display any advertising or establishment identification.

(Ord. 85-05 § 1 (part), 1985).

24.22.738 SIGN, WALL.

Any sign posted or painted on, suspended from or otherwise affixed to the wall of any building or structure in an essentially flat position, or with the exposed face of the sign in a plane approximately parallel to the plane of such wall.

(Ord. 85-05 § 1 (part), 1985).

24.22.742 SIGN, WIND.

A flag, pennant, whirligig, or any device which is designed to wave, flutter, rotate, or display other movement under the influence of wind.

(Ord. 85-05 § 1 (part), 1985).

24.22.746 SIGN VALUATION.

The valuation of a sign shall prima facie be the total cost or contract price of the sign. In the event such a cost or price is not available or does not fairly represent the true value of the sign, the valuation shall be based on a reasonable value estimate established by the building official.

(Ord. 85-05 § 1 (part), 1985).

24.22.747 SINGLE-ROOM OCCUPANCY UNITS (SRO).

A cluster of residential units of a smaller size than normally found in multiple dwellings within a residential hotel, motel, or facility providing sleeping or living facilities in which sanitary facilities may be provided within the unit and/or shared, and kitchen or cooking facilities may be provided within the unit or shared within the housing project.

(Ord. 2002-02 § 3, 2002: Ord. 93-21 § 12, 1993; Ord. 89-47 § 1, 1989; Ord. 89-38 § 3, 1989).

24.22.748 SLOPE.

An inclined ground surface, the inclination of which is expressed as a ratio of vertical distance to horizontal distance.

(Ord. 85-05 § 1 (part), 1985).

24.22.748.1 SMALL OWNERSHIP UNIT (SOU).

A dwelling unit containing no more than one bedroom and a floor area ranging from four hundred to six hundred fifty square feet, located on a separate subdivided parcel and included in a residential development where all dwelling units are SOU units and are offered for sale to the general public.

(Ord. 2006-17 § 1 (part), 2006).

24.22.748.2 SMOKING LOUNGE.

A smoking lounge is a business establishment that is dedicated, in whole or in part, to the smoking of tobacco and/or other substances on the premises, including but not limited to establishments known variously as cigar lounges, hookah parlors (as regulated per Chapter 5.54), tobacco clubs or tobacco bars.

(Ord. 2009-20 § 4, 2009).

24.22.749 SOUND LEVEL.

Sound level, as expressed in decibels (dB), is a logarithmic indication of the ratio between the acoustic energy present at a given location and the lowest amount of acoustic energy audible to sensitive human ears, weighted by frequency to account for characteristics of human hearing, as given in American National Standards Institute’s Standard S1.1, Acoustic Terminology, paragraph 2.9, or successor reference. All references to “dB” in this title utilize the ‘A’-level weighting scale, dBA.

(Ord. 85-34 § 1 (part), 1985: Ord. 85-05 § 1 (part), 1985).

24.22.750 SPECIFIC PLAN.

Consistent with Government Code Section 65451 of state law, a compilation of all ordinances, maps, regulations, documents, or other descriptive materials, based on the General Plan, setting forth in detail a plan or program for the effectuation of a particular element, or portion of an element, of the General Plan.

(Ord. 85-05 § 1 (part), 1985).

24.22.754 SPECIFIC PLAN LINE MAP (FOR STREETS).

An illustration accurately indicating the precise location of a right-of-way, including any proposed street and the future right-of-way of an existing street as it is proposed to be widened, and including all lands necessary for the building, widening, or maintenance of any road, street, highway, including collector streets, local streets, or other types of public way, which planned right-of-way is based upon the intent of the General Plan of the city of Santa Cruz.

(Ord. 85-05 § 1 (part), 1985).

24.22.766 STABLE, PRIVATE.

Any building, barn, corral, or paddock used or designed to shelter or keep livestock, as regulated herein.

(Ord. 85-05 § 1 (part), 1985).

24.22.770 STABLE, PUBLIC OR RIDING.

An establishment where livestock is kept, boarded, groomed, or trained, rented for riding, or bred for profit, etc.

(Ord. 85-05 § 1 (part), 1985).

24.22.772 STOCK COOPERATIVE.

The term means a stock cooperative as defined in Section 11003.2 of the Business and Professions Code of the state of California, containing two or more rights of exclusive occupancy.

(Ord. 85-05 § 1 (part), 1985).

24.22.774 STORY.

That portion of a building included between the upper surface of any floor and the upper surface of the floor next above; except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above unless that portion of a building is a half story. If the finished floor level directly above a basement is more than six feet above grade, as defined herein, for more than fifty percent of the total perimeter or is more than twelve feet above grade, as defined herein, at any point, such basement shall be considered a story.

    If Distance A is more than six feet above grade for more than fifty percent of perimeter of building or more than twelve feet above grade at any point then = story.

    If Distance A does not qualify as a story then = basement.

(Ord. 85-05 § 1 (part), 1985).

24.22.782 STORY, FIRST.

The lowest story in a building which qualifies as a story, as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than four feet below grade, as defined herein, for more than fifty percent of the total perimeter, or more than eight feet below grade, as defined herein, at any point. (See Figure B.)

(Ord. 85-05 § 1 (part), 1985).

24.22.783 STORY, HALF.

A partial story under a gable, hip or gambrel roof, of which the wall plates of two opposite exterior walls are not more than four feet above the floor.

    If Distance B is not more than four feet, then A equals a half story.

    If Distance B is more than four feet, then A equals a story.

(Ord. 85-05 § 1 (part), 1985).

24.22.790 STREET.

A way, the entire width of which is within a publicly or privately owned right-of-way and which contains pedestrian, vehicular, and utility improvements, facilities, and appurtenances. The term shall include avenue, drive, road, circle, parkway, boulevard, highway, thoroughfare, or any other similar term.

(Ord. 85-05 § 1 (part), 1985).

24.22.794 STREET, CENTERLINE OF.

The line drawn at points midway between the face of curbs of an improved street; or as determined by the city engineer, in the case of unimproved or partially improved streets.

(Ord. 85-05 § 1 (part), 1985).

24.22.798 STREET, INDUSTRIAL.

A street which serves an area primarily developed or intended to be developed in industrial uses.

(Ord. 85-05 § 1 (part), 1985).

24.22.802 STREET, LOCAL.

A street which provides direct access to abutting properties, primarily in residential districts.

(Ord. 85-05 § 1 (part), 1985).

24.22.806 STREET, MAJOR.

A street designed to serve high-volume inter- and intra-city traffic and to act as a distributor between freeways, other thoroughfares, and major traffic generators.

(Ord. 85-05 § 1 (part), 1985).

24.22.810 STREET, MAJOR DIVIDED.

A major street developed in such a way that opposing lanes of traffic are separated from each other by a median barrier or strip.

(Ord. 85-05 § 1 (part), 1985).

24.22.814 STREET, PRIVATE.

A right-of-way or easement in private ownership, not dedicated or maintained as a public street, and not an alley, and which affords the principal means of access to two or more sites.

(Ord. 85-05 § 1 (part), 1985).

24.22.818 STREET, PUBLIC.

Any dedicated street accepted by the city for maintenance.

(Ord. 85-05 § 1 (part), 1985).

24.22.820 STRUCTURAL ALTERATION.

Changes to the essential part of any structure.

(Ord. 85-05 § 1 (part), 1985).

24.22.822 STRUCTURE.

Anything which is built or constructed, or any piece of work artificially built up or composed of parts jointed in some definite manner. (See Section 24.22.154, Building.)

(Ord. 85-05 § 1 (part), 1985).

24.22.826 STRUCTURE, TEMPORARY.

A structure designed and intended to be located on a site for a period not to exceed one year; not affixed to a permanent foundation, and capable of being easily and readily moved from location to location. The term does not include a mobile home as defined herein.

(Ord. 85-05 § 1 (part), 1985).

24.22.827 SUPPORTIVE HOUSING.

Housing with no limit on length of stay, that is occupied by the target population as defined by State Housing Element Law, 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. 2016-12 § 24, 2016: Ord. 2012-01 § 4 (part), 2012).

24.22.830 SWIMMING POOL.

Every outdoor pool, lake, or other natural or artificial body of water designed, constructed or used for swimming, dipping, or immersion purposes, and having a depth in excess of twenty-four inches, or with a surface area exceeding one hundred square feet.

(Ord. 85-05 § 1 (part), 1985).

24.22.834 SWIMMING POOL, OUTDOOR.

Any swimming pool which is open on any one side or at the top.

(Ord. 85-05 § 1 (part), 1985).

24.22.835 TARGET POPULATION.

Persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.

(Ord. 2016-12 § 25, 2016).

24.22.836 THRIFT STORE.

Any continuous commercial activity whose retail or rental sales activity generated from the premises consists of more than fifty percent donated second-hand goods, other than second-hand jewelry, art objects, coins, stamps, books, or furniture older than fifty years.

(Ord. 97-17 § 8, 1997).

24.22.838 TIDELAND.

Land between “mean higher high water” and “mean lower low water” as defined by the United States Coast and Geodetic Survey.

(Ord. 85-05 § 1 (part), 1985).

24.22.842 TITLE.

As used herein, the term “title” shall refer to Title 24, Zoning, of the Santa Cruz Municipal Code.

(Ord. 85-05 § 1 (part), 1985).

24.22.846 TOWNHOUSE.

(See Section 24.22.318, Dwelling, townhouse.)

(Ord. 85-05 § 1 (part), 1985).

24.22.850 TOWNHOUSE GROUP.

(See Section 24.22.322, Dwelling, townhouse group.)

(Ord. 85-05 § 1 (part), 1985).

24.22.854 TRAILER.

Any vehicle constructed in such a manner as to permit occupancy thereof as living or sleeping quarters, or the conduct of any business, trade or occupation, or the use as a selling or advertising device, or its use for storage or conveyance for tools, equipment, or machinery, and so designed that it is, or may be, mounted on wheels and may be used as conveyance on highways and streets, propelled or drawn by other than a self-contained source of motive power.

(Ord. 85-05 § 1 (part), 1985).

24.22.858 TRAILER CAMP, TRAILER PARK.

Any parcel of land or portion thereof which is used or offered for use as a location for one or more trailers, used for any of the residential purposes set forth in this title.

(Ord. 85-05 § 1 (part), 1985).

24.22.859 TRANSITIONAL HOUSING.

Buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time that shall be no less than six months from the beginning of the assistance.

(Ord. 2016-12 § 26, 2016: Ord. 2012-01 § 4 (part), 2012).

24.22.860 TRIP ENDS.

The total of all trips entering plus all trips leaving a designated land use or building.

(Ord. 88-23 § 2, 1988).

24.22.862 TRIPLEX.

(See Section 24.22.314, Dwelling, three-family.)

(Ord. 85-05 § 1 (part), 1985).

24.22.866 UNDERWATER LAND.

Land below “mean lower low water” as defined by the United States Coast and Geodetic Survey.

(Ord. 85-05 § 1 (part), 1985).

24.22.868 UNENCLOSED.

Open on at least one side.

(Ord. 85-05 § 1 (part), 1985).

24.22.870 USE, ACCESSORY.

(See Section 24.22.013, Accessory use or structure.)

(Ord. 85-05 § 1 (part), 1985).

24.22.871 USE, INCREASE IN INTENSITY.

Any expansion of floor area, addition of dwelling unit(s), or addition of bedrooms which results in an increased parking requirement.

(Ord. 90-15 § 5, 1990).

24.22.872 USE PERMIT – ADMINISTRATIVE.

Conditional use permits which may be issued under the terms of this title by the zoning administrator.

(Ord. 85-05 § 1 (part), 1985).

24.22.874 USE PERMIT – SPECIAL.

Conditional use permits which may be issued under the terms of this title by the zoning board.

(Ord. 85-05 § 1 (part), 1985).

24.22.878 USE, PERMITTED.

(See Section 24.22.614, Permitted use.)

(Ord. 85-05 § 1 (part), 1985).

24.22.879 USE, TEMPORARY.

Generally, any use with a life of one year or less.

(Ord. 85-05 § 1 (part), 1985).

24.22.880 VACANT PARCEL.

Parcel of land undeveloped with buildings or structures.

(Ord. 85-05 § 1 (part), 1985).

24.22.882 VARIANCE.

The term applied to the procedure whereby the strict application of the provisions of this title relating to height, area, yard requirements, or other requirements of this title may be modified in a particular instance. The term “variance” does not apply to a use or density modification.

(Ord. 85-05 § 1 (part), 1985).

24.22.883 VEHICLE REPAIR.

(1)    Major. General repair, rebuilding or reconditioning of engines, motor vehicles, or trailers, collision service, including body, frame, or fender repair; overall painting.

(2)    Minor. Upholstering, replacement or adjustment of accessories and parts and motor service to passenger cars, boats, motorcycles, and trucks not exceeding one and one-half tons capacity, but not including other operations named under subsection (1) of this section, or those similar thereto, as determined by the zoning administrator.

(Ord. 96-03 § 3, 1996).

24.22.884 VERANDA.

A columnated porch or promenade.

(Ord. 85-05 § 1 (part), 1985).

24.22.886 VETERINARY CLINIC.

An infirmary for the treatment of animals not including overnight care.

(Ord. 85-05 § 1 (part), 1985).

24.22.890 VETERINARY HOSPITAL.

An establishment for the care and treatment of the diseases and injuries of animals, and where animals may be boarded during their convalescence.

(Ord. 85-05 § 1 (part), 1985).

24.22.894 WATERFRONT LAND.

Any lot above “mean higher high water” as defined by the United States Coast and Geodetic Survey, and having frontage directly upon the shoreline as defined herein.

(Ord. 85-05 § 1 (part), 1985).

24.22.896 WITHOUT PREJUDICE.

When an application is denied without prejudice, it is meant as a declaration that no rights or privileges of the applicant are considered waived or lost with respect to the submittal of his/her application. Under these conditions, an application may be resubmitted at any time.

(Ord. 85-05 § 1 (part), 1985).

24.22.898 WRECKING YARD.

(See Section 24.22.474, Junkyard.)

(Ord. 85-05 § 1 (part), 1985).

24.22.902 YARD.

An open space, other than a court, on the same lot with a building, which open space is occupied and unobstructed from the ground to the sky, except for such encroachments as are specifically permitted by this title.

(Ord. 85-05 § 1 (part), 1985).

24.22.906 YARD, FRONT.

An open space extending the full width of the lot, except: in the case of exterior lots, and measured between the building closest to the front lot line and said front lot line. (See Figure D, Section 24.22.918.)

1.    Front Yard, Least Depth. The shortest horizontal distance between any part of a building and the front lot line, or any official setback line, or any adopted plan line, whichever is applicable.

(Ord. 88-21 § 1, 1988: Ord. 85-05 § 1 (part), 1985).

24.22.910 YARD, REAR.

An open space extending the full width of the lot, except in the case of exterior lots, and measured between the main building and the rear lot line, or the centerline of an abutting street or alley. (See Figure D, Section 24.22.918.)

1.    Rear Yard, Least Depth. The shortest horizontal distance between any part of the main building and the rear lot line.

(Ord. 88-21 § 2, 1988: Ord. 85-05 § 1 (part), 1985).

24.22.914 YARD, SIDE.

An open space extending from the front yard to the rear yard, between a building and the adjacent side lot line.

1.    Side Yard, Least Width. The shortest horizontal distance between any part of a building and the adjacent side lot line. (See Figure D, Section 24.22.918.)

(Ord. 85-05 § 1 (part), 1985).

24.22.918 YARD, EXTERIOR SIDE.

A side yard adjacent to a street, alley, court, or other required open space. (See Figure D)

1.    Exterior Side Yard, Least Width. The shortest horizontal distance between any part of a building and the adjacent street, alley, court, or other required open space, or any official setback line, or any adopted plan line, whichever is applicable.

    Note: sidewalk edges are not necessarily related to property line.

(Ord. 88-21 § 3, 1988: Ord. 85-05 § 1 (part), 1985).

24.22.920 YOUNG FARMER PROJECTS.

An agricultural education endeavor undertaken by a child up to the age of eighteen (18), for a limited period of time, and as part of the activities of an organized group dedicated to furthering agriculture and agricultural interests of children.

(Ord. 85-05 § 1 (part), 1985).

24.22.922 ZONE OF INTEREST.

All of the area within a distance of three hundred feet of the exterior boundaries of the parcel to which a structure is proposed to be moved.

(Ord. 85-05 § 1 (part), 1985).

24.22.924 ZONING BOARD.

The zoning board of the city of Santa Cruz.

(Ord. 85-05 § 1 (part), 1985).

24.22.926 ZONING MAP.

The officially adopted zoning map or maps of the city of Santa Cruz, California, together with all amendments subsequently adopted.

(Ord. 85-05 § 1 (part), 1985).

24.22.930 ZONING ORDINANCE.

Title 24 of the Santa Cruz Municipal Code consisting of the officially adopted zoning map and text.

(Ord. 85-05 § 1 (part), 1985).

24.22.934 ZONING CLASSIFICATION, MORE RESTRICTIVE.

A zoning district in which the regulations allow uses of lesser intensity or fewer types, under more restrictive regulations relating to yards, height of buildings, lot coverage, etc., than those of another district.

(Ord. 85-05 § 1 (part), 1985).

24.22.936 ZONING PERMIT.

An administrative use permit, a special use permit, a variance, a design permit, a coastal permit, an exception to the conservation regulations, or any other official approval required by this title.

(Ord. 85-05 § 1 (part), 1985).


1

General Rule of Interpretation. In determining the number of units in a particular building or group of buildings, the city shall consider and weigh any or all of the following factors: the design of any building, including the internal floor plan and the availability of access between various parts of the building; the fixtures and furnishings installed or capable of being installed; the number and types of different rooms (including their actual or potential uses); the size of any building; the number of families or housekeeping units actually or capable of occupying the building; the location of the building; the number and location of primary entrances to the building; and any other factor that may be relevant. In making this determination with respect to proposed new uses, the city shall give primary consideration to design-related factors. In making this determination with respect to existing uses, the city may give primary consideration to the number of families actually using the premises, or to design-related factors, or to both, as may be appropriate under the circumstances. No building shall be deemed to be a dwelling with a fewer number of units based on its actual use if the design-related factors indicate that it has a greater number of units.