Article 7
Glossary

Chapter 17.98    DEFINITIONS

17.98.010    Purpose

17.98.020    Definitions of Specialized Terms and Phrases

Chapter 17.98
DEFINITIONS

Sections:

17.98.010    Purpose of Chapter

17.98.020    Definitions of Specialized Terms and Phrases

17.98.010 Purpose

This chapter provides definitions of terms and phrases used in this Zoning Ordinance that are technical or specialized, or that may not reflect common usage. If any of the definitions in this chapter conflict with definitions in other provisions of the Municipal Code, these definitions shall control for the purposes of this Zoning Ordinance. If a word is not defined in this chapter, or in other provisions of the City of Seaside Municipal Code, the Director shall determine the correct definition.

17.98.020 Definitions of Specialized Terms and Phrases

As used in this Zoning Ordinance, the following terms and phrases shall have the meaning ascribed to them in this section, unless the context in which they are used clearly requires otherwise:

A.    Definitions, “A.”

Abut. Having property lines, street lines, or zoning district lines in common.

Abutting property. A lot or parcel of land that shares all or part of a common lot line with another lot or parcel of land.

Accessory Retail or Services. The limited retail sale of various products, or the provision of certain personal services within an automotive repair facility, health care, hotel, office, or industrial complex, to employees or customers. Examples of these uses include auto parts and auto accessories within an automotive repair facility/automotive car dealership; pharmacies, gift shops, and food service establishments within hospitals; convenience stores and food service establishments within hotel, office and industrial complexes; and barber and beauty shops within residential care facilities.

Accessory Structure. A structure attached to or detached from a primary structure located on the same premises that is customarily incidental and subordinate to the primary structure or use. See also “Agricultural Accessory Structure,” and “Residential Accessory Use or Structure.”

Accessory Use. A use customarily incidental to, related and clearly subordinate to a primary use on the same parcel, which does not alter the primary use nor serve property other than the parcel where the primary use is located.

Active Recreation. Public park facilities that require major land development for installation, require a high level of maintenance, and can accommodate large assemblages of people.

Adult Day Care. See “Day Care Facility, Adult.”

Adult-Oriented Business. See Municipal Code Chapter 5.08.

Affordable and Inclusionary Housing Requirements. For each residential development, including condominium conversions, at least 20 percent of the total units shall be restricted for occupancy by moderate, low and very low-income households. The income limits for moderate, low, and very-low households shall be in accordance with the income limits that are established by the state of California.

Agent. A person authorized in writing by the property owner to represent and act for a property owner in contacts with City employees, committees, Commissions, and the Council, regarding matters regulated by this Zoning Ordinance.

Agricultural Accessory Structure. A building used for the shelter of livestock stored/raised on the premises, the storage of agricultural products produced or consumed on the premises, or the storage and maintenance of farm equipment and agricultural supplies used for the agricultural operations on the premises.

Alcoholic Beverage Sales. The retail sale of beer, wine, and/or spirits for off-premises consumption, in conjunction with a convenience store, grocery store, drug store, and/or other primary retail use. Where Article 2 (Zones, Permitted Uses, and Zoning Standards) provides that the primary retail use is otherwise permitted (a “P” use in the Article 2 land use tables), the inclusion or addition of alcoholic beverage sales will require the approval of the development permit required by Article 2 (i.e., Use Permit or Minor Use Permit) for the entire combination of land uses.

Alley. A public or private roadway that provides vehicle access to the rear or side of parcels having other public street frontage, that is not intended for general traffic circulation.

Allowed Use. A use of land identified by Article 2 (Zones, Permitted Land Uses, and Zoning Standards) as a permitted or conditional use that may be established with planning permit (e.g., Minor Use Permit, Use Permit, Zoning Clearance) and, where applicable, Design Review and/or Building Permit approval, subject to compliance with all applicable provisions of this Zoning Ordinance.

Alteration. Any construction or physical change in the internal arrangement of rooms or the supporting members of a structure, or a change in the external appearance of any structure, not including painting.

Ancillary Public Dance Facility. A commercial business is subject to the permitting requirements for an ancillary public dance facility when a dance event that is not the primary permitted business activity is open to the general public whether or not a fee is charged, including dancing permitted in connection with any commercial activity that is open to the general public. See also Chapter 5.52 (Public Dances and Entertainment) of the Seaside Municipal Code.

Animal Keeping. See Section 17.52.020.

Apartment. See “Multi-Family Housing.”

Applicant. Any person who is filing an application requesting an action who is:

1.    The owner or lessee of property;

2.    A party who has contracted to purchase property contingent upon that party’s ability to acquire the necessary approvals required for that action in compliance with this Zoning Ordinance, and who presents written authorization from the property owner to file an application with the City; or

3.    The agent of either of the above who presents written authorization from the property owner to file an application with the City.

Approval. Includes both approval and approval with conditions.

Architectural Feature. An exterior building feature including roof, windows, doors, porches, etc.

Architectural Projection. Any attached building feature that extends beyond the structural envelope or above the roof or parapet line into a required setback area or maximum building height. Projecting features are defined as:

1.    Awning;

2.    Balcony;

3.    Bay window;

4.    Chimney;

5.    Cornice;

6.    Deck;

7.    Eave;

8.    Fire escape;

9.    Greenhouse window;

10.    Landing;

11.    Roof overhang;

12.    Patio;

13.    Porch.

Art, Antique, and Collectible Store. A retail store which sells or consigns to sell items which are by their style, design or use commonly considered to be of another era or age, a collectible, or of heirloom quality. These items shall be in proper working order or restorable to working condition. Second hand or thrift items are not considered antiques. (See “Second Hand Store.”)

Art Gallery. A commercial establishment engaged in the sale, loan, and exhibition of paintings, sculpture, photography, video art, or other works of art. An art gallery does not include a cultural facility, such as a library, museum, or noncommercial gallery that may also display paintings, sculpture, photography, video art, or other works of art. This includes a permanent outdoor art market on private property where artists display and sell hand-crafted or personally produced art directly to retail customers at stalls, booths, tables, platforms, or similar display areas, under the supervision of a proprietor that rents or otherwise arranges for assigned spaces for each vendor.

Arterial Street. An arterial street as identified by the Circulation Element of the General Plan.

Artisan/Craft Product Manufacturing. Establishments manufacturing and/or assembling small products primarily by hand, including jewelry, pottery and other ceramics, as well as small glass and metal art and craft products.

Artisan Shop. A retail store selling art glass, ceramics, jewelry, paintings, sculpture, and other handcrafted items small enough to transport by hand, where the store includes an area for the crafting of the items being sold.

Assessed Value. The value of a structure as shown in the records of the county assessor.

Attic. The area located between the uppermost plate and the roof or ridge of a structure.

Auto and Vehicle Sales/Rental. A retail or wholesale establishment selling and/or renting automobiles, trucks and vans, trailers, motorcycles, and bicycles (bicycle sales are also included under “General Retail”). Vehicles for sale may be displayed outdoors or indoors, as authorized by the required Use Permit.

May also include repair shops and the sales of parts and accessories, incidental to vehicle dealerships. Does not include: the sale of auto parts/accessories separate from a vehicle dealership (see “Auto Parts Sales”); mobile home, recreational vehicle, or watercraft sales (see “Mobile Home, Boat, or RV Sales”); tire recapping establishments (see “Vehicle Services”); businesses dealing exclusively in used parts (see “Recycling Facility – Scrap and Dismantling Yards”; or “Service Station,” which are separately defined).

Automated Teller Machine (ATM). Computerized, self-service machines used by banking customers for financial transactions, including deposits, withdrawals, and fund transfers, without face-to-face contact with financial institution personnel. The machines may be located at or within banks, or in other locations, as allowed by Article 2. Does not include drive-up ATMs; see “Drive-Through Retail or Service.”

Auto Parts Sales. Stores that sell new automobile parts, tires, and accessories. Establishments that provide installation services are instead included under “Vehicle Services – Minor Maintenance/Repair.” Does not include tire recapping establishments, which are found under “Vehicle Services” or businesses dealing exclusively in used parts, which are included under “Recycling Facility – Scrap and Dismantling Yards.”

Auto Repair. See “Vehicle Services.”

Auto Restoration and Sale of Collectible Cars. The repair, servicing, alteration, and restoration of classic collectible automobiles that are completely restored on the premises. All classic collectible automobiles may be made available for sale on the premises. To be classified as a classic collectible automobile, the vehicle must be at least 20 years old and recognized by at least one periodical or car industry publication as a collectible car.

B.    Definitions, “B.”

Bakery, Retail. An establishment primarily engaged in preparing, baking, or cooking baked products for on-site retail sales and/or on-site or off-site consumption. Said use may include an incidental wholesale component for distribution to local businesses (e.g., grocery stores, restaurants, schools, hospitals) subject to the business providing a retail floor area of at least 25 percent of the total floor area of the building.

Bank, Financial Services. Financial institutions including:

•    

banks and trust companies

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other investment companies

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credit agencies

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securities/commodity contract brokers and dealers

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holding (but not primarily operating) companies

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security and commodity exchanges

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lending and thrift institutions

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vehicle finance (equity) leasing agencies

See also “Automated Teller Machine (ATM).” Does not include check cashing stores, which are instead defined under “Personal Services – Restricted.”

Bar/Tavern. A business where alcoholic beverages are sold for on-site consumption, which are not part of a larger restaurant. Includes bars, taverns, pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. May include dancing as an incidental use, if authorized by the Use Permit approval for the facility. Does not include adult entertainment businesses, which are separately defined.

Bed and Breakfast Inn (B&B). See “Lodging – Bed and Breakfast Inn (B&B).”

Bedroom. An enclosed space within a dwelling unit that is designed or could be used for sleeping and has a permanent door permitting complete closure and separation from all kitchen, living room, and hallway areas. A room or other enclosed space is not considered a bedroom if it is the sole access to another bedroom.

Big Box Retail. A large formula retail establishment that is generally located on an arterial or collector roadway, requires a site of one acre or larger, and generally contains one or several businesses or structures totaling 30,000 or more square feet. They may operate as a stand-alone facility, but also in a type of shopping center called a “power center” or “value mall” having common characteristics including large warehouse-sized buildings and a reliance on auto-borne traffic. Includes warehouse retail stores that emphasize the packaging and sale of products in large quantities or volumes, some at discounted prices, where products are typically displayed in their original shipping containers. Patrons may be required to pay membership fees.

Boarder. An individual resident who is furnished sleeping accommodations and meals in a rooming or boarding house.

Boating and Related Facilities. Structures which now exist or may be built at the edge of a body of water or waterway or over a body of water which are intended to house a boat or its components for service work, including the service facilities, or to secure and protect boats from the weather. Such facilities may include piers and docks.

Broadcasting Studio. Commercial and public communications use including radio and television broadcasting and receiving stations and studios, with facilities entirely within buildings. Does not include transmission and receiving apparatus, including antennas and towers, which are instead defined under “Telecommunications Facility.”

Building and Landscape Materials Sales. A retail establishment selling hardware, lumber and other large building materials, plant materials, and other landscaping materials including paint, wallpaper, glass, and fixtures. Includes all these stores selling to the general public, even if contractor sales account for a major proportion of total sales. Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are classified in “Wholesaling and Distribution.”

Figure 7-1 – Building Frontage

Building Frontage. A building wall adjacent to a parcel boundary that abuts a public right-of-way. A primary building frontage provides the main pedestrian entrance to the building. A secondary building frontage abuts a side street, rear entrance, or has an entrance from other than a public right-of-way (see Figure 7-1).

Building Height. See Section 17.30.030 (Height Limits and Exceptions).

Building Official. The Building Official of the City of Seaside, or designee of the Building Official.

Business Park. A commercial development area specially designated and landscaped to accommodate business offices, warehouses, light industry, etc., containing at least four commercial tenants.

Business Support Service. An establishment within a building that provides services to other businesses. Examples of these services include:

•    

blueprinting

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outdoor advertising services

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computer-related services (rental, repair)

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mailing and mail box services

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copying and quick printing services

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protective services (other than office related)

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courier, messenger, and delivery services, small scale, without fleet vehicle storage (see also “Freight Terminals”)

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security systems services

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film processing and photofinishing (retail)

 

C.    Definitions, “C.”

Cabinet Shop. See “Manufacturing/Processing – Light; Furniture and Fixtures Manufacturing, Cabinet Shop.”

California Environmental Quality Act (CEQA). State law (California Public Resources Code Sections 21000 et seq.) requiring public agencies to document and consider the environmental effects of a proposed action, prior to allowing the action to occur.

California Public Utilities Commission (CPUC). The governmental agency which regulates the terms and conditions of public utilities in the state.

Caretaker Unit. A permanent residence, secondary and accessory to an existing commercial use that is designed to be occupied principally for persons employed on site for purposes of care and protection of persons, property, plants, animals, equipment or other circumstances on site or on contiguous lots under the same ownership.

Catering Service. A business that prepares food for consumption on the premises of a client.

Cemetery. An interment establishment engaged in subdividing property into cemetery lots and offering burial plots or air space for sale. Includes animal cemeteries, cemetery, mausoleum, crematorium and columbarium operations, and full-service mortuaries and funeral homes when accessory to a cemetery.

Change of Use. The replacement of an existing use on a lot or parcel, or any portion thereof, by a new use, or a change in the nature of an existing use, but does not include a change of ownership, tenancy, or management associated with a use for which the previous nature of the use will remain substantially unchanged.

Child Day Care Center. See “Day Care Facility, Child.”

City. The City of Seaside, state of California, referred to in this Zoning Ordinance as the “City.” For the purposes of this Zoning Ordinance, “City” includes the Seaside City Council, Planning Commission, advisory agencies, appeals boards, agents, employees, and officers of the City of Seaside.

City Council. The Seaside City Council, referred to in this Zoning Ordinance as the “Council.”

Commercial Recreation Facility – Indoor. Establishments providing indoor amusement and entertainment services for a fee or admission charge, including:

•    

bowling alleys

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electronic game arcades (video games, pinball, etc.)

•    

card rooms

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ice skating and roller skating

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coin-operated amusement arcades

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pool and billiard rooms as primary uses

•    

dance halls, clubs and ballrooms

 

This use does not include adult oriented businesses, which are separately defined. Four or more electronic games or coin operated amusements in any establishment, or a premises where 50 percent or more of the floor area is occupied by amusement devices, are considered an electronic game arcade as described above; three or fewer machines are not considered a land use separate from the primary use of the site.

Commercial Recreation Facility – Outdoor. A facility for various outdoor recreational activities, where a fee is charged for use. Examples include:

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amusement and theme parks

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miniature golf courses

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go-cart tracks

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water slides

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golf driving ranges

 

May also include commercial facilities customarily associated with the above outdoor commercial recreational uses, including bars and restaurants, video game arcades, etc.

Community Center. A multi-purpose meeting and recreational facility typically consisting of one or more meeting or multi-purpose rooms, kitchen and/or outdoor barbecue facilities, that are available for use by various groups for such activities as meetings, parties, receptions, dances, etc.

Community Garden. A site for growing plants that is shared and maintained by community residents.

Condominium/Common Interest Residential Subdivision. As defined by Civil Code Section 1715, a development where undivided interest in common in a portion of real property is coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map or parcel map.

Conference/Convention Facility. One or more structures accommodating multiple assembly, meeting, and/or exhibit rooms, and related support facilities (e.g., kitchens, offices).

Construction and Heavy Equipment Sales and Rental. Retail establishments selling or renting construction, farm, or other heavy equipment. Examples include cranes, earth-moving equipment, tractors, combines, and heavy trucks.

Construction Contractor Base. Office, and indoor and/or outdoor storage facilities operated by or on behalf of a contractor licensed by the state of California for storage of large equipment, vehicles, and/or other materials commonly used in the individual contractor’s type of business; storage of scrap materials used for repair and maintenance of contractor’s own equipment; and buildings or structures for uses such as repair facilities. Includes building contractors, landscape contractors, sign contractors, etc.

Construction Permits. Include Building Permits, Electrical Permits, Plumbing/Mechanical Permits, Demolition/Removal Permits, Grading Permits, and Public Right-of-Way Permits.

Convenience or Liquor Store. A neighborhood serving retail store of 5,000 square feet or less in gross leasable floor area, which carries a limited line of high-convenience items and food basics, such as milk, bread, beverages, and snacks, and/or a retail store specializing in beer, wine, and/or other alcoholic beverages. Convenience stores are distinguished from a “Grocery or Specialty Food Store” in that they typically offer prepared foods for immediate consumption along with an assortment of nonfood items, such as magazines, automobile service products, or household items. Most are also open longer hours than a typical supermarket or grocery store. See also “Alcoholic Beverage Sales” and “Grocery or Specialty Food Store.”

Conveyance, or Convey. Any transfer, sale, lease, rent, or disposition of or act to transfer, sale, lease, rent, or dispose of any affordable unit and include, but are not limited to, transfer of title or any interest therein by nonjudicial or judicial foreclosure and sale; but does not include transfer by gift, devise, or inheritance to the unit owner’s spouse or issue, taking of title by surviving joint tenant, transfer of title to a spouse as part of divorce or dissolution proceedings, or acquisition of title or interest therein in conjunction with marriage.

County. The county of Monterey, state of California.

Crop/Greenhouse Production. Agricultural uses including production of grains, field crops, vegetables, melons, fruits, grapes, tree nuts, flower fields and seed production, ornamental crops, tree and sod farms, associated crop preparation services and harvesting activities including but not limited to mechanical soil preparation, irrigation system construction, spraying, crop processing and sales in the field not involving a permanent structure.

Crop Production, Horticulture, Orchard, Vineyard. Land used to grow horticultural and floricultural specialties (such as flowers, shrubs, or trees intended for ornamental or landscaping purposes) for wholesale or retail sale in order to be transplanted to a different location. This definition excludes crop and greenhouse production that have been identified elsewhere in this title.

D.    Definitions, “D.”

Day Care Facility, Adult. A state-licensed day care facility providing care and supervision for more than six adults for periods of less than 24 hours for any client.

Day Care Facility, Child. Facilities that provide non-medical care and supervision of minor children for periods of less than 24 hours. These facilities include the following, all of which are required to be licensed by the California State Department of Social Services.

1.    Day Care Center. Commercial or nonprofit child day care facilities designed and approved to accommodate 15 or more children. Includes infant centers, preschools, sick-child centers, and school-age day care facilities. These may be operated in conjunction with a school or church facility, or as an independent land use.

2.    Family Day Care Home. As defined by Health and Safety Code Section 1596.78, a home that regularly provides care, protection, and supervision for 14 or fewer children, in the provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away, and is either a large family day care home or a small family day care home.

a.    Large Family Day Care Home. As defined by Health and Safety Code Section 1596.78, a day care facility in a single-family residence where an occupant of the residence provides family day care for seven to 14 children, inclusive, including children under the age of 10 years who reside in the home.

b.    Small Family Day Care Home. As defined by Health and Safety Code Section 1596.78, a day care facility in a single-family residence where an occupant of the residence provides family day care for eight or fewer children, including children under the age of 10 years who reside in the home.

Deck, Above Ground Level. A raised flat floored area, open to the sky, greater than 18 inches in height at any point above the ground.

Deck, Unenclosed Ground Level. A raised flat floor area, open to the sky, less than 18 inches in height at any point above grade (less than 18 inches above grade).

Deemed Complete. City staff has determined that an application includes all of the information, materials, fees, and deposits required.

Density. The relationship between the number of residential dwelling units existing or permitted on a site and the total area of the site. Typically expressed as the number of housing units per acre, unless otherwise stated.

Density Bonus. The allowance of additional residential units beyond the maximum for which the parcel is otherwise permitted usually in exchange for the provision or preservation of affordable housing units at the same site or at another location.

Department. The City of Seaside Resource Management Services Department, referred to in this Zoning Ordinance as the “Department.”

Development. 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 or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Government Code Section 66410), and any other division of land 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 of 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 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).

Development Agreement. A contract between the City and an applicant for a development project, in compliance with the Municipal Code and Government Code Sections 65864 et seq. A development agreement is intended to provide assurance to the applicant that an approved project may proceed subject to the policies, rules, regulations, and conditions of approval applicable to the project at the time of approval, regardless of any changes to City policies, rules, and regulations after project approval. In return, the City may be assured that the applicant will provide infrastructure and/or pay fees required by a new project.

Diameter of a Tree. Trunk diameter measured at four and one-half feet above the ground (also known as “Diameter at Breast Height,” or “DBH”).

Director. The City of Seaside Resource Management Services Director, or designee of the Director.

Discretionary Land Use Approval. A decision of the City to approve the request of an applicant for a General Plan amendment, Zoning Map amendment, Tentative Map, Vesting Tentative Map, Final Map, Final Map modification or amendment, boundary line adjustment, Certificate of Compliance, Conditional Certificate of Compliance, development agreement, Minor Use Permit, Use Permit, permit extension of time or modification, Variance, or Minor Variance, time extension, Architectural Review, administrative permit pertaining to a land use approval or any accompanying California Environmental Quality Act (CEQA) determination pertaining to any type of approval referred to in this definition.

Discretionary Permit. A permit or license issued by the City for a project that requires the exercise of judgment or deliberation wherein the City decides to either approve or disapprove a particular activity in compliance with applicable laws, including Minor Use Permits, Use Permits, Minor Variances, Variances, Architectural Review, and Subdivision Maps.

District. See “Zoning District.”

Drive-Through Retail or Service. A facility where food or other products may be purchased, or where services may be obtained by motorists without leaving their vehicles. Examples of drive-through sales facilities include fast-food restaurants, drive-through coffee, dairy product, photo stores, pharmacies. Examples of drive-through service facilities include drive-through bank teller windows and dry cleaners, but do not include automated teller machines (ATMs), gas stations or other vehicle services, which are separately defined.

Drugstore. A retail store primarily engaged in the sale of prescription drugs and patent medicines, carrying related items such as cosmetics and toiletries and such unrelated items as tobacco and novelty merchandise. Such use may also include a soda fountain or lunch counter.

Duplex. See “Multi-Family Housing.”

Dwelling, Dwelling Unit, or Housing Unit. A room or group of internally connected rooms that have sleeping, cooking, eating, and sanitation facilities, but not more than one kitchen, which constitutes an independent housekeeping unit, occupied by or intended for one household on a long-term basis.

E.    Definitions, “E.”

Easement. A grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation or another person or entity.

Ecological Restoration Activities. Ecological restoration activities include the following projects and activities resulting in habitat enhancement: invasive exotic species removal, barrier removal or modification, creek/draining day-lighting, culvert replacement or modification, native habitat (e.g., wetland) expansion, enhancement, creation or restoration, re-vegetation with ecologically appropriate native species, water quality improvements, or other similar habitat restoration projects where habitat restoration is the primary purpose of the project; and where there are no significant, unmitigated adverse impacts on biological resources.

Electronic Cigarette. An electronic or battery operated device, the use of which may resemble smoking, that can be used to deliver an inhaled dose of nicotine or other substances. The term includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, e-cigarette, electronic cigar, electronic cigarillo, pipe, hookah, or any other device or product name or descriptor. The term does not include any medical inhaler prescribed by a licensed doctor.

Emergency. A sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services.

Emergency/Transitional Shelter. A facility for the temporary shelter and feeding of indigents or disaster victims, operated by a public or nonprofit agency.

Encroachment. An intrusion of development into the public right-of-way or into required yards.

Engineering Geologist. A registered geologist certified as an engineering geologist by the state of California.

Engineering Geology. The application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works.

Environmental Impact Report (EIR). An informational document used to assess the physical characteristics of an area and to determine what effects will result if the area is altered by a proposed action, prepared in compliance with the California Environmental Quality Act (CEQA).

Environmentally Sensitive Habitat Area (ESHA). Any area in which plant or animal life or their habitats are rare or especially valuable because of their special nature or role in an ecosystem, and which could be easily disturbed or degraded by human activities and development. In Seaside, ESHAs include, but are not limited to: wetlands, riparian areas, habitats of rare and endangered species, rocky intertidal areas, anadromous fish streams, rookeries, and marine mammal haul-out areas.

Equestrian Facility. A commercial facility for horses, donkeys, and/or mules, examples of which include horse ranches, boarding stables, riding schools and academies, horse exhibition facilities (for shows or other competitive events), and barns, stables, corrals and paddocks accessory and incidental to these uses. Does not include the simple pasturing of horses, donkeys, and/or mules, which is instead included in “Animal Keeping” as regulated by Section 17.52.020.

Equipment Rental. A service establishment that may offer a wide variety of household and business equipment, furniture, and materials for rental. Does not include construction equipment rental, which is separately defined.

F.    Definitions, “F.”

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

Fence. A constructed, unroofed barrier of wood, metal, masonry, or other material as allowed by this Zoning Ordinance, that is intended to enclose, separate, define, secure, protect, and/or screen one or more areas of a site and supports no load other than its own weight. Includes freestanding masonry walls.

1.    Open Wire Fence. A fence through which fenced areas remain visible because of the wire mesh used for the fence. Includes chain-link fencing, deer fencing, etc.

2.    Safety Fence. A fence constructed to prevent access to a hazard or hazardous area.

3.    Razor or Concertina Wire. Sharp fencing materials that are designed to lacerate animals or unauthorized persons attempting to climb or cross the fence through other than a gate.

Findings. Determinations based upon a statement or set of statements of factual evidence that are used as the criteria for making a decision on a discretionary action.

Finished Grade. The ground surface after the completion of grading and building construction.

Floor Area Ratio (FAR). The Floor Area Ratio (FAR) is the ratio of floor area to total lot area. FAR restrictions are used to limit the maximum floor area allowed on a site (including all structures on the site). The maximum floor area of all structures (measured from exterior wall to exterior wall) permitted on a site (excluding carports) shall be determined by multiplying the Floor Area Ratio (FAR) by the total net area of the site (FAR x Net Site Area = Maximum Allowable Floor Area) (see Figure 7-2).

Freight Terminals. A building and adjacent loading area where cargo is stored and where commercial vehicles load and unload cargo on a regular basis, which may or may not include facilities for maintenance, fueling, storage or dispatching or the vehicles.

Fuel Dealer. A retail trade establishment that sells fuel oil, butane, propane and liquefied petroleum gas (LPG), bottled or in bulk, to consumers.

Furniture, Furnishings and Appliance Store. A store that primarily sells the following products and related services, that may also provide incidental repair services:

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computers and computer equipment

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other household electrical and gas appliances

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draperies

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outdoor furniture

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floor coverings

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pool tables

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furniture

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refrigerators

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glass and chinaware

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spas, hot tubs, swimming pools

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home appliances

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stoves

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home furnishings

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televisions

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home sound systems

 

•    

interior decorating materials and services

 

•    

large musical instruments

 

•    

lawn furniture

 

•    

office furniture

 

G.    Definitions, “G.”

Garage, or Carport. Parking space and shelter for automobiles or other vehicles, where the size of the parking space complies with the provisions of Chapter 17.34 (Parking and Loading).

1.    A garage is an attached or detached accessory structure with a door, enclosed on at least three sides.

2.    A carport is an attached or detached accessory structure enclosed on no more than two sides.

A garage or carport complies with the requirements of this Zoning Ordinance for “covered” parking spaces.

General Plan. The City of Seaside General Plan, including all its elements and all amendments thereto, as adopted by the City Council in compliance with Government Code Section 65300 et seq., and referred to in this Zoning Ordinance as the “General Plan.”

General Retail. Stores and shops selling many lines of merchandise. Examples of these stores and lines of merchandise include:

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antique stores

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hobby materials

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art galleries, retail

•    

jewelry

•    

art supplies, including picture framing services

•    

luggage and leather goods

•    

bicycles

•    

musical instruments, parts and accessories

•    

books, magazines, and newspapers

•    

orthopedic supplies

•    

cameras and photographic supplies

•    

records, CDs

•    

clothing, shoes, and accessories

•    

religious goods

•    

collectibles (cards, coins, comics, stamps, etc.)

•    

small wares

•    

department stores

•    

specialty shops

•    

dry goods

•    

sporting goods and equipment

•    

fabrics and sewing supplies

•    

stationery

•    

florists and houseplant stores (indoor sales only) – outdoor sales are “Building and Landscape Materials Sales”

•    

toys and games

•    

hardware (not including building or landscape materials)

•    

variety stores

 

•    

videos, DVDs, including rental

Does not include adult-oriented businesses or big box retail, which are separately defined.

Golf Course. Reserved.

Grade. The ground surface immediately adjacent to the exterior base of a structure, typically used as the basis for measurement of the height of the structure.

Grocery or Specialty Food Store. A retail business where the majority of the floor area open to the public is occupied by food products packaged for preparation and consumption away from the store. Includes retail bakeries, where any on-site baking is only for on-site sales. See also “Convenience or Liquor Store,” and “Alcoholic Beverage Sales.”

Gross Leasable Floor Area. The floor area in a building, as defined herein, excluding corridors, stairs, common janitorial and mechanical facilities, elevator shafts, flues, and restrooms.

Guest House. A detached structure accessory to a single dwelling, accommodating living/sleeping quarters, but without kitchen or cooking facilities. See also “Residential Second Unit.”

H.    Definitions, “H.”

Habitable Space. Space within a dwelling unit for living, sleeping, eating, or cooking.

Habitat Management. An activity proposed by a public agency or private entity designed to preserve, protect or enhance the fish and wildlife habitat of a designated open space/conservation area.

Health/Fitness Facility. A fitness center, gymnasium, health and athletic club, which may include any of the following: sauna, spa or hot tub facilities; indoor tennis, handball, racquetball, archery and shooting ranges; and other indoor sports activities. Does not include adult entertainment businesses.

Height. See Section 17.30.030 (Height Limits and Exceptions).

Hiking/Riding Trail. A pervious and/or impervious path/walkway designed to facilitate pedestrian, bicycle and equestrian activities.

Home Occupation. The conduct of a business within a dwelling unit or residential site, employing only the occupants of the dwelling, with the business activity being subordinate to the residential use of the property.

Hotel or Motel. See “Lodging.”

I.    Definitions, “I.”

Intensification of Use. A change in the use of a structure or site, where the new use is required by this Zoning Ordinance to have more off-street parking spaces than the former use; or a change in the operating characteristics of a use (for example, hours of operation), which generates more activity on the site.

Interpretive Center or Environmental Education Center. A public, quasi-public or nonprofit institution that procures, cares for, studies, and displays objects of lasting interest or value. Examples of museums include art and historical museums, aquariums, planetariums, botanical gardens, arboretums, and historical sites.

J.    Definitions, “J.”

No specialized terms beginning with the letter “J” are defined at this time.

K.    Definitions, “K.”

Kennel, Animal Boarding. A commercial facility for the grooming, keeping, boarding or maintaining of five or more dogs (four months of age or older), or five or more cats except for dogs or cats for sale in pet shops, or patients in animal hospitals. A business that provides grooming services with no boarding facilities is classified under “Personal Services.” See also “Veterinary Clinic, Animal Hospital.”

Kitchen. A room or space within a building used or intended to be used for the cooking or preparation of food, which includes any of the following: refrigerator, stove, oven, range top, dishwasher, kitchen sink.

L.    Definitions, “L.”

Laboratory – Analysis, Research and Development, Testing. A facility for testing and analysis, and/or research. Examples of this use include soils and materials testing labs, and forensic labs. See also “Industrial Research and Development.” Does not include diagnostic medical laboratories, which are classified under “Medical Services – Diagnostic Laboratory.”

Land Use. The purpose for which land or a structure is designed, arranged, intended, occupied, or maintained.

Landscaping Standards. The following terms are defined for the purposes of Section 17.30.040 (Landscaping Standards):

1.    Drought resistant cool season grass. Cool season grasses which can tolerate drought stress. These grasses usually require high water use irrigation scheduling to stay green and vital, but will survive under limited water (e.g., turf-type tall fescues, Medallion, and Rebel).

2.    Functional need (for turf). Turf planting which serves a functional or practical need rather than purely aesthetic purpose. Examples include: athletic fields and pedestrian circulation areas.

3.    High water use plantings. Annuals, container plantings, and plants recognized as high water use (e.g., rhododendrons or birch) or plants documented as having a plant factor greater than 0.6.

4.    Hydrozone. A landscape area having plants with similar water needs. Typically, a hydrozone is served by a valve or set of valves with the same type of irrigation hardware and schedule.

5.    Irrigation circuit. A section of an irrigation system, including the piping and sprinkler heads or emitters, that is operated by a single remote control valve.

6.    Landscaped area. All planting areas, turf areas, water features and other pervious areas of a parcel that does not include the building footprint, driveways, nonirrigated portions of parking lots, hardscapes – such as decks and patios, and other nonpervious areas. Examples of landscaping include, but are not limited to, “landscaping” shall mean the placement use of the following materials: (e.g., earth berms, plants incorporated into the design of decorative fences and walls, flowers, ornamental grasses, lawns, ground covers, hedges, shrubs, and trees, and permeable pavers) within a designated area.

7.    Low water use plants. Plants which are recognized as drought resistant or low water use when established, or plants documented as having a plant factor less than or equal to 0.6.

8.    Microclimate. A section of a landscaped site with unique climatic conditions that affect the amount of water plants within the area use (e.g., courtyards, tree understory areas, and median islands).

9.    Non-mechanically compacted soil. Soil which has not undergone engineered compaction procedures.

10.    Organic amendment. Any fully organic material added to the soil to improve soil structure, and other physical properties of the soil (e.g., compost, composted sawdust, peat moss, and redwood soil conditioner).

11.    Overspray. Water which is discharged from an overhead irrigation system outside the desired planting area, especially water which wets adjacent hard surfaces (e.g., patios, sidewalks, and streets).

12.    Plant factor. A number which represents the portion of reference evapotranspiration used by a particular plant. For example, a shrub with a plant factor of 0.5 uses 50 percent of reference evapotranspiration; a tree with a plant factor of 1.2 uses 120 percent of reference evapotranspiration.

13.    Porous mulch. A loose material which is applied to the soil surface to reduce evaporation and retard weed growth (e.g., compost, decomposed granite, straw, wood chips).

14.    Rain shut-off device. A device which automatically shuts the irrigation system off when a measurable amount of rain occurs.

15.    Reference evapotranspiration. A standard calculation of the quantity of water transpired by a reference crop and evaporated from adjacent soil surfaces as measured by the California Irrigation Management Information System (CIMIS) of weather stations.

16.    Registered historical site. A site that is registered as historically significant through either national, state, City or county registries.

17.    Runoff. Water which is not absorbed by the soil to which it is applied and runs off onto other areas. Runoff usually occurs when water is applied at a rate greater than the infiltration rate of the soil, and is especially problematic on slopes and on heavy clay soils.

18.    Water feature. Ornamental or functional body of water (e.g., a fountain, pool, or pond).

19.    Water saving techniques (to mitigate runoff from slopes). Landscape design techniques which either allow irrigation to be applied at a rate close to the infiltration rate of the soil or which capture and recycle runoff.

Large Family Day Care Home. See “Day Care Facility, Child.”

Laundry, Dry Cleaning Plant. A service establishment engaged primarily in high volume laundry and garment services, including: carpet and upholstery cleaners; diaper services; dry cleaning and garment pressing; commercial laundries; linen supply. These facilities may include accessory customer pick-up facilities. These facilities do not include coin-operated laundries or dry cleaning pick-up stores without dry cleaning equipment; see “Personal Services.”

Library, Museum, Art Gallery. Public or quasi-public facilities, examples of which include: aquariums, arboretums, art galleries and exhibitions, botanical gardens, historic sites and exhibits, libraries, museums, planetariums, and zoos. May also include accessory retail uses such as a gift/book shop, restaurant, etc.

Live/Work Units. A building or spaces within a building that is used jointly for commercial and residential purposes where the residential use of the space is secondary or accessory to the primary commercial use and is occupied by the business owner or employee(s) of the primary commercial use.

Lodging.

1.    Bed and Breakfast Inn (B&B). A residential structure with one or more bedrooms rented for overnight lodging, where meals may be provided subject to applicable Environmental Health Department regulations.

2.    Hotel or Motel. A facility with guest rooms or suites, with or without kitchen facilities, rented to the general public for transient lodging. Hotels typically include a variety of services in addition to lodging; for example, restaurants, meeting facilities, personal services, etc. Also includes accessory guest facilities such as swimming pools, tennis courts, indoor athletic facilities, accessory retail uses, etc.

Lot Area. Gross lot area is the total area included within the lot lines of a lot, exclusive of adjacent dedicated street rights-of-way. Net lot area is the gross area of the lot, exclusive of easements for streets or driveways that are not for the exclusive use of the lot on which the easement is located.

Lot, or Parcel. A recorded lot or parcel of real property under single ownership, lawfully created as required by applicable Subdivision Map Act and City ordinance requirements, including this Zoning Ordinance. Types of lots include the following (see Figure 7-3 – Lot Types).

1.    Corner Lot. A lot located at the intersection of two or more streets, where they intersect at an interior angle of not more than 175 degrees. If the intersection angle is more than 175 degrees, the lot is considered an interior lot.

2.    Flag Lot. A lot having access from the building site to a public street by means of private right-of-way strip that is owned in fee.

3.    Interior Lot. A lot abutting only one street.

4.    Key Lot. An interior lot, the front of which adjoins the side property line of a corner lot.

5.    Reverse Corner Lot. A corner lot, the rear of which abuts a key lot.

6.    Through Lot. A lot with frontage on two generally parallel streets.

Lot Coverage. See “Site Coverage.”

Lot Depth. The average linear distance between the front and the rear lot lines or the intersection of the two side lot lines if there is no rear line (see Figure 7-4 – Lot Features). The Director shall determine lot depth for parcels of irregular configuration.

Lot Frontage. The boundary of a lot adjacent to a public street right-of-way.

Figure 7-4 – Lot Features

Lot Line or Property Line. Any recorded boundary of a lot. Types of lot lines are as follows (see Figure 7-4 – Lot Features):

1.    Front Lot Line. On an interior lot, the property line separating the parcel from the street. The front lot line on a corner lot is the line with the shortest frontage. (If the street-fronting lot lines of a corner lot are equal in length, the front lot line shall be determined by the Director.) On a through lot, both lot lines are front lot lines and the lot is considered to have no rear lot line.

2.    Interior Lot Line. Any lot line not abutting a street.

3.    Rear Lot Line. A property line that does not intersect the front lot line, which is most distant from and most closely parallel to the front lot line.

4.    Side Lot Line. Any lot line that is not a front or rear lot line.

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 rear lot lines (see Figure 7-4 – Lot Features). The Director shall determine lot width for parcels of irregular shape.

M.    Definitions, “M.”

Maintenance Facility. A facility providing maintenance and repair services for vehicles and storage areas for a commercial business. This use includes corporation yards, equipment service centers, and similar facilities.

Maintenance Service, Client Site Services. Base facilities for various businesses that provide services on the premises of their clients. Includes gardening, janitorial, pest control, water and smoke damage recovery, and similar services; and appliance, computer, electronics, elevator, equipment, HVAC, instrument, plumbing, and other maintenance and repair services not operating from a retail establishment that sells the products being maintained or repaired. When these services operate from a retail establishment that sells the products being maintained or repaired, they are instead considered part of the retail use. When the base facilities for these services include service or storage yards, or fleet vehicle storage, they are instead classified under “Construction Contractor Base.”

Manufacturing – Heavy. The manufacture, processing, and assembling of products by mechanical or chemical processes. Typically includes the manufacturing of commercial products (including concrete/asphalt plants); metal products; wood products (including saw mills and pulp factories), plastic components and the commercial processing of animal products (meat, dairy, eggs, etc.).

Manufacturing – Heavy Pulp and Pulp Manufacturing. The manufacture, processing, and assembling of products primarily consisting of wood products (including saw mills and pulp factories).

Manufacturing – Heavy Textile and Leather Products. Manufacturing of products consisting primarily of leather, textiles and clothing products.

Manufacturing/Processing – Light. A facility accommodating manufacturing processes involving and/or producing: apparel; food and beverage products; electronic, optical, and instrumentation products; ice; jewelry; and musical instruments. Light manufacturing also includes other establishments engaged in the assembly, fabrication, and conversion of already processed raw materials into products, where the operational characteristics of the manufacturing processes and the materials used are unlikely to cause significant impacts on surrounding land uses or the community. Examples of light manufacturing uses include the following:

1.    Clothing and Fabric Product Manufacturing. An establishment that assembles clothing, draperies, and/or other products by cutting and sewing purchased textile fabrics, and related materials including leather, rubberized fabrics, plastics and furs. Does not include custom tailors and dressmakers not operating as a factory and not located on the site of a clothing store (see “Personal Services”). See also, “Manufacturing – Heavy – Textile and Leather Product Manufacturing.”

2.    Electronics, Equipment, and Appliance Manufacturing. An establishment that manufactures equipment, apparatus, and/or supplies for the generation, storage, transmission, transformation and use of electrical energy, including:

•    

appliances including stoves/ovens, refrigerators, freezers, laundry equipment, fans, vacuum cleaners, sewing machines

•    

motors and generators

•    

aviation instruments

•    

optical instruments and lenses

•    

computers, computer components, peripherals

•    

photographic equipment and supplies

•    

electrical transmission and distribution equipment

•    

radio and television receiving equipment

•    

electrical welding apparatus

•    

storage media, blank and pre-recorded, including magnetic, magneto-optical, and optical products such as compact disks (CDs), computer diskettes and hard drives, digital versatile disks (DVDs), magnetic tape products, phonograph records, etc.

•    

electronic components and accessories, semiconductors, integrated circuits, related devices

•    

surgical, medical and dental instruments, equipment, and supplies

•    

industrial controls

•    

surveying and drafting instruments

•    

instruments for measurement, testing, analysis and control, associated sensors and accessories

•    

telephone and telegraph apparatus

•    

lighting and wiring equipment such as lamps and fixtures, wiring devices, vehicle lighting

•    

transformers, switch gear and switchboards

•    

miscellaneous electrical machinery, equipment and supplies such as batteries, X-ray apparatus and tubes, electromedical and electrotherapeutic apparatus, electrical equipment for internal combustion engines

•    

watches and clocks

•    

industrial controls

•    

 

Does not include testing laboratories (soils, materials testing, etc.) (see “Business Support Service”), or research and development facilities separate from manufacturing (see “Research and Development (R&D)”).

3.    Food and Beverage Product Manufacturing. Manufacturing establishments producing or processing foods and beverages for human consumption, and certain related products. Examples of these uses include:

•    

bottling plants

•    

fat and oil product manufacturing

•    

breweries

•    

fruit and vegetable canning, preserving, related processing

•    

candy, sugar, confectionery products manufacturing

•    

grain mill products and byproducts

•    

catering services separate from stores or restaurants

•    

meat, poultry, and seafood canning, curing, byproduct processing

•    

coffee roasting

•    

soft drink production

•    

dairy products manufacturing

•    

miscellaneous food item preparation from raw products

Does not include: bakeries, which are separately defined; or beer brewing as part of a brew pub, bar or restaurant (see “Bar/Tavern” and “Night Club”).

4.    Furniture and Fixtures Manufacturing, Cabinet Shop. Manufacturers producing: wood and metal household furniture and appliances; bedsprings and mattresses; all types of office furniture and public building furniture and partitions, shelving, lockers and store furniture; and miscellaneous drapery hardware, window blinds and shades. Includes furniture re-upholstering businesses, wood and cabinet shops, but not sawmills or planing mills, which are instead included under “Manufacturing – Heavy.”

5.    Handcraft Industries, Small-Scale Manufacturing. Manufacturing establishments producing small products not classified in another major manufacturing group, including: taxidermy, brooms and brushes; buttons, costume novelties; jewelry; musical instruments; pens, pencils, and other office and artists’ materials; sporting and athletic goods; toys; etc. For smaller scale, handmade artisan businesses, see “Artisan/Craft Product Manufacturing.”

6.    Metal Products Fabrication, Machine and Welding Shops. An establishment engaged in the production and/or assembly of metal parts, including the production of metal cabinets and enclosures, cans and shipping containers, doors and gates, duct work, forgings and stampings, hardware and tools, plumbing fixtures and products, tanks, towers, and similar products. Examples of these uses include:

•    

blacksmith and welding shops

•    

sheet metal shops

•    

plating, stripping, and coating shops

•    

machine shops and boiler shops

7.    Paper Product Manufacturing. An establishment that converts pre-manufactured paper or paperboard into boxes, envelopes, paper bags, wallpaper, etc., and/or that coats or glazes pre-manufactured paper. Does not include the manufacturing of pulp, paper, or paperboard (see “Manufacturing – Heavy – Pulp and Pulp Product Manufacturing”).

8.    Photo/Film Processing Lab. A facility that provides high volume and/or custom processing services for photographic negative film, transparencies, and/or prints, where the processed products are delivered to off-site retail outlets for customer pick-up. Does not include small-scale photo processing machines accessory to other retail businesses.

Map Act. See “Subdivision Map Act, or Map Act.”

Massage. Any therapeutic, non-sexual method of pressure on, or friction against, or stroking, rubbing, kneading, tapping, pounding, vibrating or stimulating, the external parts of the human body with the hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliance, or with or without the aid of such supplementary materials as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations commonly used in the practice of massage.

Media Production. Facilities for motion picture, television, video, sound, computer, and other communications media production. These facilities include the following types:

1.    Backlots/Outdoor Facilities. Outdoor sets, backlots, and other outdoor facilities, including supporting indoor workshops and craft shops.

2.    Indoor Support Facilities. Administrative and technical production support facilities, including administrative and production offices, post-production facilities (editing and sound recording studios, foley stages, etc.), optical and special effects units, film processing laboratories, etc.

3.    Soundstages. Warehouse-type facilities providing space for the construction and use of indoor sets, including supporting workshops and craft shops.

Medical Services – Clinic, Urgent Care. A facility other than a hospital where medical, mental health, surgical and other personal health services are provided on an outpatient basis. Examples of these uses include:

•    

medical offices with four or more licensed practitioners and/or medical specialties

•    

urgent care facilities

•    

out-patient care facilities

•    

other allied health services

These facilities may also include accessory medical laboratories. Counseling services by other than medical doctors or psychiatrists are included under “Office – Professional and Administrative.”

Medical Services – Diagnostic Laboratory. Non-research facilities for the testing of blood and tissue samples for medical diagnoses, and for the fabrication of dental prosthetics and eyeglasses. Does not include laboratories for medical research, which are classified under “Laboratory – Analysis, Research and Development, Testing.”

Medical Services – Doctor Office. A facility other than a hospital where medical, dental, mental health, surgical, and/or other personal health care services are provided on an outpatient basis, and that accommodates no more than four licensed primary practitioners (for example, chiropractors, medical doctors, psychiatrists, etc., other than nursing staff) within an individual office suite. A facility with five or more licensed practitioners is instead classified under “Medical Services – Clinic, Urgent Care.” Counseling services by other than medical doctors or psychiatrists are included under “Office – Professional and Administrative.”

Medical Services – Extended Care. Residential facilities providing nursing and health-related care as a primary use with in-patient beds. Examples of these uses include: board and care homes; convalescent and rest homes; extended care facilities; and skilled nursing facilities. Long-term personal care facilities that do not emphasize medical treatment are included under “Residential Care Facility.”

Medical Services – Hospital. Hospitals and similar facilities engaged primarily in providing diagnostic services, and extensive medical treatment, including surgical and other hospital services. These establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care. May include on-site accessory clinics and laboratories, accessory retail uses and emergency heliports (see the separate definition of “Accessory Retail or Services”), and on-site ambulance dispatch facilities.

Meeting Facility, Public or Private. A facility for public or private meetings, including community centers, religious assembly facilities (e.g., churches, mosques, synagogues, etc.), civic and private auditoriums, grange halls, union halls, meeting halls for clubs and other membership organizations, etc. Also includes functionally related internal facilities such as kitchens, multi-purpose rooms, and storage. Does not include conference and meeting rooms accessory and incidental to another primary use that are typically used only by on-site employees and clients, and occupy less floor area on the site than the offices they support (see “Office”). Does not include: sports or other commercial entertainment facilities (see “Theater, Cinema or Performing Arts” and “Sports and Entertainment Assembly”); or convention centers (see “Conference/Convention Facility”). Related on-site facilities such as day care centers and schools are separately defined, and separately regulated by Section 17.10.030 (Permitted Land Uses and Planning Permit Requirements).

Military Housing. Housing units constructed by the U.S. Armed Forces/Federal Government for the use and occupancy by designated military personnel or civilians as authorized by the U.S. Armed Forces/Federal Government.

Minor Driveway. A privately owned and maintained hard-surfaced roadway of at least 10 feet in width which is intended to serve not more than two dwelling units.

Mixed-Use Project with a Residential Component. A project that combines both commercial and residential uses, where the residential component is typically located above the commercial.

Mobile Home. A trailer, transportable in one or more sections, that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, which is over eight feet in width and 40 feet in length, with or without a permanent foundation and not including recreational vehicle, commercial coach or factory-built housing. A mobile home on a permanent foundation is included under the definition of “Single-Family Dwellings.”

Mobile Home, Boat, or RV Sales. Retail establishments selling both mobile home dwelling units, and/or various vehicles and watercraft for recreational uses. Includes the sales of boats, campers and camper shells, jet skis, mobile homes, motor homes, and travel trailers.

Mobile Home Park. Any site that is planned and improved to accommodate two or more mobile homes used for residential purposes, or on which two or more mobile home lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobile homes used for residential purposes. May include a common storage area for recreational vehicles owned by residents only.

Mortuary, Funeral Home. Funeral homes and parlors, where deceased are prepared for burial or cremation, funeral services may be conducted, and cremation may occur.

Motel. See “Lodging.”

Motorcycle Sales, New with Accessory Used Sales. A retail establishment selling new and used motorcycles with accessory used sales. Motorcycles for sale may be displayed outdoors or indoors in accordance with the automotive regional commercial (CA) zoning standards.

Multi-Family Housing. Multi-family dwellings include: duplexes, triplexes, fourplexes (buildings under one ownership with two, three or four dwelling units, respectively, in the same structure); apartments (five or more units under one ownership in a single building); and townhouse development (three or more attached dwellings where no unit is located over another unit), and other building types containing multiple dwelling units (for example, courtyard housing, rowhouses, stacked flats, etc.).

N.    Definitions, “N.”

Natural, or Existing Grade. The contour of the ground surface before grading.

Natural Resources Preservation. Undeveloped land left in a natural state for specific use as visual open space or environmental mitigation.

Nature Preserve. An open space/park area consisting of natural vegetation that is generally undisturbed, unmaintained, and is self-perpetuating. It includes not only trees, but also native shrubs, ground covers, wildflowers, vines, and grasses.

Negative Declaration. A statement describing the reasoning that a proposed action will not have a significant adverse effect on the environment, in compliance with the California Environmental Quality Act (CEQA).

Night Club. A facility with the primary function of providing entertainment, examples of which include live music and/or dancing, comedy, etc., which may serve alcoholic beverages for on-site consumption. Does not include adult entertainment businesses, or ancillary public dance facilities, which are separately defined.

Nonconforming Parcel. A parcel that was legally created prior to the adoption of this Zoning Ordinance or amendment, but does not comply with the current area, width, depth, or other applicable requirements of this Zoning Ordinance.

Nonconforming Sign. A sign that lawfully existed prior to the effective date of this Zoning Ordinance or amendment, but does not comply with the current sign regulations of this Zoning Ordinance.

Nonconforming Structure. A structure that was legally constructed prior to the adoption or amendment of this Zoning Ordinance, but does not comply with the current setback, height limit, and/or other applicable requirements of this Zoning Ordinance.

Nonconforming Use. A use of land and/or a structure (either conforming or nonconforming) that was legally established and maintained prior to the adoption of this Zoning Ordinance or amendment, but does not conform to the current Zoning Ordinance requirements for allowable land uses within the applicable zoning district.

O.    Definitions, “O.”

Occupancy. All or a portion of a structure occupied by one tenant.

Off-Sale Liquor Establishment. Any establishment at which alcohol is sold, served, or given to patrons, to be consumed off-site, except food markets, supermarkets, drugstores, and other retail establishments in which the sale of alcohol for off-site use constitutes less than 20 percent of the total sales.

Off-Site. An activity or accessory use that is related to a specific primary use, but is not located on the same site as the primary use.

Office. This Zoning Ordinance distinguishes between the following types of offices. These do not include medical offices (see “Medical Services – Clinic, Urgent Care,” “Medical Services – Diagnostic Laboratory,” and “Medical Services – Doctor Office”).

1.    Accessory. Office facilities for administration, and/or on-site business and operations management, that are incidental and accessory to another business, sales, and/or service activity that is the primary use.

2.    Business/Service. Establishments providing direct services to customers. Examples of these uses include bail bond services, elected official satellite offices, employment agencies, insurance agent offices, realtor offices, travel agencies, utility company offices, vehicle sales offices with no vehicles for sale on-site, etc. This use does not include “Bank, Financial Services,” which is separately defined.

3.    Government. Administrative, clerical, or public contact and/or service offices of a local, state, or federal government agency or service facilities. Includes post offices, but not bulk mailing distribution centers, which are under “Freight Terminal.”

4.    Processing. Office-type facilities characterized by high employee densities, and occupied by businesses engaged in information processing, and other computer-dependent and/or telecommunications-based activities. Examples of these uses include the following, but do not include small-scale telephone answering services, which are instead classified under “Office – Professional and Administrative”:

•    

airline, lodging chain, and rental car company reservation centers

•    

insurance claim processing

•    

computer software and hardware design and development

•    

mail order and electronic commerce transaction processing

•    

consumer credit reporting

•    

telecommunications facility design and management

•    

data processing services

•    

telemarketing

•    

health management organization (HMO) offices where no medical services are provided

 

5.    Professional and Administrative. Office-type facilities occupied by businesses that provide professional services and/or are engaged in the production of intellectual property. Examples of these uses include:

•    

accounting, auditing and bookkeeping services

•    

educational, scientific and research organizations

•    

advertising agencies

•    

financial management and investment counseling

•    

answering services

•    

literary and talent agencies

•    

attorneys

•    

management and public relations services

•    

business associations, chambers of commerce

•    

media postproduction services

•    

commercial art and design services

•    

news services

•    

construction contractors (office facilities only)

•    

photographers and photography studios

•    

counseling services

•    

political campaign headquarters

•    

court reporting services

•    

psychologists

•    

design services including architecture, engineering, landscape architecture, urban planning

•    

secretarial, stenographic, word processing, and temporary clerical employee services

•    

detective agencies and similar services

•    

security and commodity brokers

•    

writers and artists office

 

6.    Temporary. A mobile home, recreational vehicle or modular unit used as a temporary office facility. Temporary Offices may include: construction supervision offices on a construction site or off-site construction yard; a temporary on-site real estate office for a development project; or a temporary business office in advance of permanent facility construction.

7.    Temporary Real Estate. The temporary use of a dwelling unit within a residential development project as a sales office for the units on the same site, which is converted to residential use at the conclusion of its office use.

Office-Supporting Retail. A retail store that carries one or more types of merchandise that will typically be of frequent interest to and/or needed by the various businesses listed under the definition of “Office,” and/or the employees of those businesses. Examples of these types of merchandise include:

•    

books

•    

newsstands, newspapers and magazine stores

•    

computer equipment

•    

office supplies, stationery

•    

florists, flower stands

•    

photographic supplies and cameras

On-Sale Liquor Establishment. Any establishment at which alcohol is sold, served, or given to patrons, to be consumed on site.

On-Site. An activity or accessory use that is related to a specific primary use, which is located on the same site as the primary use.

Open Fencing. A barrier constructed of material which is transparent, such as glass, plastic panels or wrought iron, used in conjunction with recreation and seating areas.

Ordinary Maintenance and Repair. Work for which a Building Permit is not required, the purpose and effect of which is to correct deterioration of or damage to a structure or any part thereof and to restore the structure to its condition before the deterioration or damage.

Organizational House. A residential lodging facility operated by a membership organization for its members and not open to the general public. Includes fraternity and sorority houses, student dormitories, convents, monasteries, and religious residential retreats.

Outdoor Retail Sales and Activities. Permanent outdoor sales and rental establishments including auction yards, flea markets, lumber and other material sales yards, newsstands, outdoor facilities for the sale or rental of vehicles/equipments, and other uses where the business is not conducted entirely within a structure. Does not include the sale of automobiles and recreational vehicles (“Auto and Vehicle Sales and Rental”) or mobile homes (“Mobile Home, Boat, or RV Sales”). Outdoor retail sales and activities shall comply with the standards for “Outdoor Displays and Sales” in Section 17.52.190.

P.    Definitions, “P.”

Parcel. See “Lot, or Parcel.”

Parking Facility, Public or Commercial. Reserved.

Park/Playground. A public outdoor recreation facility that may provide a variety of recreational opportunities including playground equipment, open space areas for passive recreation and picnicking, and sport and active recreation facilities.

Passive Recreation. Recreational facilities associated with pastimes that are incidental to natural open space. These facilities require minor land development for installation, require minimum maintenance, do not attract large assemblages of people, and have little impact on natural open space.

Patio Cover. As defined by the California State Building Code, a one-story structure not exceeding 12 feet in height with enclosed walls consistent with state Building Code restrictions. Patio covers may be detached or attached to the primary structure and used only for recreational, outdoor living purposes, and not as carports, garages, storage rooms or habitable rooms.

Pedestrian Orientation. Any physical structure or place with design qualities and elements that contribute to an active, inviting and pleasant place for pedestrians including:

1.    Building facades that are highly articulated at the street level, with interesting uses of material, color, and architectural detailing, located directly behind the sidewalk;

2.    Design amenities related to the street level such as awnings, paseos, arcades;

3.    Visibility into buildings at the street level;

4.    A continuous sidewalk, with a minimum of intrusions into pedestrian right-of-way;

5.    Continuity of building facades along the street with few interruptions in the progression of buildings and stores;

6.    Signs oriented and scaled to the pedestrian rather than the motorist;

7.    Landscaping; and

8.    Street furniture.

Pedestrian Oriented Use. A land use that is intended to encourage walk-in customers and that generally does not limit the number of customers by requiring appointments or otherwise excluding the general public. A pedestrian oriented use provides spontaneous draw from sidewalk and street due to visual interest, high customer turnover, and social interaction.

Person. Any individual, firm, partnership, corporation, company, association, joint stock association; city, county, state, or district; and includes any trustee, receiver, assignee, or other similar representative thereof.

Personal Services. Establishments providing nonmedical services to individuals as a primary use. Examples of these uses include:

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barber and beauty shops

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locksmiths

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clothing rental

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pet grooming with no boarding

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home electronics and small appliance repair

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shoe repair shops

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dry cleaning pick-up stores with limited equipment

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tailors

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laundromat (self-service laundries)

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tanning salons

These uses may also include accessory retail sales of products related to the services provided.

Personal Services – Restricted. Personal services that may tend to have a blighting and/or deteriorating effect upon surrounding areas and which may need to be dispersed to minimize their adverse impacts. Examples of these uses include:

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check cashing stores

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psychics

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fortune tellers

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spas and hot tubs for hourly rental

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palm and card readers

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tattoo and body piercing services

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pawnshops

•    

 

Petroleum Product Storage and Distribution. Wholesale establishments engaged in the storage, and sale of gasoline, oil, butane, propane, and liquified petroleum gas (LPG) and similar products, to retailers. Does not include the sale of gasoline at a service station (“Service Station”), or the retail sale of fuel for space heating (“Fuel Dealer”).

Planning Commission. The City of Seaside Planning Commission, appointed by the Seaside City Council in compliance with Government Code Section 65101, referred to throughout this Zoning Ordinance as the “Commission.”

Planning Permit. Authority granted by the City to use a specified site for a particular purpose. “Planning Permit” includes Use Permit, Minor Use Permit, Limited Term Permit, Variance, Minor Variance, Architectural Review, and Zoning Clearance, as established by Article 5 (Planning Permit Procedures) of this Zoning Ordinance.

Plant Nursery. A commercial agricultural establishment engaged in the production of ornamental plants and other nursery products, grown under cover either in containers or in the soil on the site, or outdoors in containers. The outdoor production of ornamental plants in the soil on the site is instead included under “Crop Production, Horticulture, Orchard, Vineyard.” Also includes establishments engaged in the sale of these products (e.g., wholesale and retail nurseries) and commercial-scale greenhouses (home greenhouses are included under “Residential Accessory Use or Structure”). The sale of house plants or other nursery products entirely within a building is also included under “General Retail.”

Primary Structure. A structure that accommodates the primary use of the site.

Primary Use. The main purpose for which a site is developed and occupied, including the activities that are conducted on the site a majority of the hours during which activities occur.

Principal Driveway. A privately owned and maintained hard-surfaced roadway of at least 16 feet in width which is intended to serve three or more dwelling units.

Printing and Publishing. An establishment engaged in printing by letterpress, lithography, gravure, screen, offset, or electrostatic (xerographic) copying; and other establishments serving the printing trade such as bookbinding, typesetting, engraving, photoengraving and electrotyping. This use also includes establishments that publish newspapers, books and periodicals; establishments manufacturing business forms and binding devices. “Quick printing” services are included in the definition of “Business Support Service.”

Private Residential Recreation Facility. A privately owned, noncommercial outdoor recreation facility provided for residential project or neighborhood residents, including swimming pools, swim and tennis clubs, park and sport court facilities. Does not include golf courses and country clubs, which are separately defined.

Produce Stand. A temporary business established and operated for a specific time, selling raw, unprocessed fruits, vegetables, nuts, and other produce in its raw or natural state, and that is accessory to an on-site or adjacent agricultural operation.

Property Line. The recorded boundary of a parcel of land.

Proposed Project. A proposed new structure, new addition to an existing structure, or area of other new site development; these do not include the alteration of any portion of an existing structure other than an addition.

Public Amphitheater. Outdoor entertainment venue with fixed and non-fixed seating design to accommodate both musical and nonmusical entertainment activities within a designated public open space.

Public Facility. A site or structure owned and operated by the City of Seaside for the purpose of providing one or more services to residents of the City, and/or to support other City functions.

Public Parking Garage. A structure or part thereof used for the storage or parking of motor vehicles, but not for the repair or servicing thereof. The parking garage can be the primary structure for a commercial parking facility or can be accessory to a multifamily residential dwelling, common interest subdivision commercial, employment, industrial, institutional, or other structures.

Public Safety Facility. A facility operated by a public agency including fire stations, other fire prevention and fire fighting facilities, police and sheriff substations and headquarters, including interim incarceration facilities. May include ambulance dispatch facilities on the same site.

Q.    Definitions, “Q.”

Qualifying Resident. A senior citizen or other person eligible to reside in senior citizen housing.

R.    Definitions, “R.”

Recreational Vehicle (RV). A motor home, travel trailer, truck camper, or camping trailer, with or without motive power, originally designed for human habitation for recreational, emergency, or other occupancy, which:

1.    Contains less than 320 square feet of internal living room area, excluding built-in equipment, including wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms; and

2.    Contains 400 square feet or less of gross area measured at maximum horizontal projections; and

3.    Is built on a single chassis; and

4.    Is either self-propelled, truck-mounted, or permanently towable on the highways without a towing permit.

Recreational Vehicle Park. A site where one or more lots are used, or are intended to be used, by campers with recreational vehicles or tents. Recreational vehicle parks may include public restrooms, water, sewer, and electric hookups to each lot and are intended as a higher density, more intensively developed use than campgrounds. May include accessory retail uses where they are clearly incidental and intended to serve RV park patrons only.

Recycling Facility. This land use type includes a variety of facilities involved with the collection, sorting and processing of recyclable materials.

1.    Small Collection Facility. A center where the public may donate, redeem or sell recyclable materials, which may include the following, where allowed by the applicable zoning district:

a.    Reverse vending machines or a grouping of reverse vending machines which occupy an area of 350 square feet or less;

b.    Small collection facilities which occupy an area of 350 square feet or less and may include a mobile unit;

c.    A kiosk recycling unit.

2.    Large Collection Facility. Large collection facilities which occupy an area of more than 350 square feet and/or include permanent structures.

3.    Mobile Recycling Unit. An automobile, truck, trailer, or van used for the collection of recyclable materials, carrying bins, boxes, or other containers.

4.    Processing Facility. A structure or enclosed space used for the collection and processing of recyclable materials for shipment, or to an end-user’s specifications, by such means as baling, briquetting, cleaning, compacting, crushing, flattening, grinding, mechanical sorting, re-manufacturing and shredding. Processing facilities include the following types, both of which are included under the definition of “Recycling Facility – Scrap and Dismantling Yards”:

a.    Light processing facility occupies an area of under 45,000 square feet of collection, processing and storage area, and averages two outbound truck shipments each day. Light processing facilities are limited to baling, briquetting, compacting, crushing, grinding, shredding and sorting of source separated recyclable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers; and

b.    A heavy processing facility is any processing facility other than a light processing facility.

5.    Recycling Facility. A center for the collection and/or processing of recyclable materials. A “certified” recycling or processing facility is certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers located on a residentially, commercially or industrially designated site used solely for the recycling of material generated on the site. See “Recycling Facility – Small Collection Facility” or “Recycling Facility – Large Collection Facility.”

6.    Recycling or Recyclable Material. Reusable domestic containers and other materials which can be reconstituted, remanufactured, or reused in an altered form, including glass, metals, paper and plastic. Recyclable material does not include refuse or hazardous materials.

7.    Reverse Vending Machine. An automated mechanical device which accepts at least one or more types of empty beverage containers and issues a cash refund or a redeemable credit slip with a value not less than the container’s redemption value, as determined by state law. These vending machines may accept aluminum cans, glass and plastic bottles, and other containers.

A bulk reverse vending machine is a reverse vending machine that is larger than 50 square feet, is designed to accept more than one container at a time, and issues a cash refund based on total weight instead of by container.

8.    Scrap and Dismantling Yards. Outdoor establishments primarily engaged in assembling, breaking up, sorting, and the temporary storage and distribution of recyclable or reusable scrap and waste materials, including auto wreckers engaged in dismantling automobiles for scrap, and the incidental wholesale or retail sales of parts from those vehicles. Includes light and heavy processing facilities for recycling (see the definitions above). Does not include: places where these activities are conducted entirely within buildings; pawn shops, and other secondhand stores; the sale of operative used cars; or landfills or other waste disposal sites.

Repair Service – Equipment, Large Appliances, Etc. A service and facility where various types of electrical, electronic, and mechanical equipment, and home and business appliances are repaired and/or maintained away from the site of the equipment owner. Does not include vehicle repair or maintenance, which is included under “Vehicle Services,” the repair of small home appliances and electronic equipment, which is included under “Personal Services,” maintenance and repair activities that occur on the client’s site, which are included under “Maintenance Service, Client Site Services,” or repair services provided on the site of a retail use that sells the products for which repair services are offered, which are incidental to the on-site sales.

Research and Development (R&D). A facility for scientific research, and the design, development and testing of electrical, electronic, magnetic, optical and computer and telecommunications components in advance of product manufacturing, and the assembly of related products from parts produced off-site, where the manufacturing activity is secondary to the research and development activities, and where no more than 30 percent of the total floor area is office. Includes pharmaceutical, chemical and biotechnology research and development. Does not include soils and other materials testing laboratories (see “Laboratory”), or medical diagnostic laboratories (see “Medical Services – Diagnostic Laboratory”).

Residential Accessory Use or Structure. Any use and/or structure that is customarily a part of, and clearly incidental and secondary to, a residence, and does not change the character of the residential use. This definition includes the following detached accessory structures, and other similar structures normally associated with a residential use of property. See also “Agricultural Accessory Structure.”

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garages

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gazebos

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greenhouses (noncommercial)

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spas and hot tubs

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storage sheds

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studios

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swimming pools

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tennis and other on-site sport courts

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workshops

Also includes the indoor storage of automobiles (including their incidental restoration and repair), personal recreational vehicles and other personal property, accessory to a residential use. Does not include: second units, which are separately defined; guest houses, which are included under the definition of second units; or home satellite dish and other receiving antennas for earth-based TV and radio broadcasts (see “Telecommunications Facility”).

Residential Care Facility. A single- or multi-family residential facility licensed or supervised by a federal, state, or local health/welfare agency that provides 24-hour nonmedical care of unrelated persons who are handicapped and in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual in a family-like environment. Does not include day care facilities, which are separately defined.

Residential Second Unit. A second permanent dwelling that is accessory to a primary dwelling on the same site. A second unit or carriage house provides complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, sanitation, and parking, and if attached to the primary dwelling, is provided exterior access separate from the primary dwelling. Includes guest houses.

Restaurant, Cafe, Coffee Shop. A retail business selling ready-to-eat food and/or beverages for on- or off-premises consumption. These include eating establishments where customers are served from a walk-up ordering counter for either on- or off-premises consumption (“counter service”); and establishments where customers are served food at their tables for on-premises consumption (“table service”), that may also provide food for take-out.

Restaurant, Fast Food.

A.    A retail business that sells ready-to-consume food products for on- or off-premises consumption and whose design or operation includes three or more of the following characteristics:

1.    Foods are usually served in paper, plastic or disposable containers;

2.    Foods can be served directly to the consumer in a motor vehicle either by a carhop or by other means which eliminate the need for a customer to exit the motor vehicle;

3.    The consumption of food within a motor vehicle parked upon the premises or at other facilities on the premises outside the restaurant building is allowed or encouraged;

4.    The facilities for on-premises consumption of food are insufficient for the volume of food sold in the restaurant;

5.    Table service is not provided; and/or

6.    A restaurant that has as its principal business the sale of prepared and/or ready-to-eat food or beverage for consumption on or off the premises, and that is affiliated with three or more other restaurants with a similar name, trademark, trade name, trade style or type of food service, by commonality of ownership, control or contract arrangement, or which is advertised to give the appearance of affiliation.

B.    A coffee shop which serves limited foods to customers that are prepared/heated without the use of an oven or other commercial cooking facility for consumption on or off the premises and is less than 3,000 square feet in area shall be exempt from being classified as a fast food restaurant which may meet three or more of the restaurant fast food criteria listed above.

Review Authority. The individual or official City body (the Resource Management Services Director, Planning Commission, or City Council) identified by this Zoning Ordinance as having the responsibility and authority to review, and approve or disapprove the permit applications described in Article 5 (Planning Permit Procedures).

Rooming or Boarding House. A dwelling or part of a dwelling where lodging is furnished for compensation to three or more persons living independently from each other. Meals may also be included. Does not include fraternities, sororities, convents, or monasteries, which are separately defined under “Organizational House.”

S.    Definitions, “S.”

School, Public or Private. A public or private academic educational institution, including:

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boarding school

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high school

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community college, college, or university

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military academy

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elementary, middle, and junior high schools

 

School, Specialized Education/Training. Includes schools providing specialized education/training. Examples include the following:

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art school

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establishments providing courses by mail

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ballet and other dance school

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language school

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business, secretarial, and vocational school

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martial arts

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computers and electronics school

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music school

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drama school

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professional school (law, medicine, etc.)

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driver education school

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seminaries/religious ministry training facility

Also includes facilities, institutions and conference centers that offer specialized programs in personal growth and development, such as fitness, environmental awareness, arts, communications, and management. Does not include pre-schools and child day care facilities (see “Day Care Facility, Child”). See also the definition of “Studio – Art, Dance, Martial Arts, Music, Etc.” for smaller-scale facilities offering specialized instruction.

Second Hand Store. A retail store that buys and sell used products, including clothing, furniture and household goods, jewelry, appliances, musical instruments, business machines and office equipment, tools, motors, machines, instruments, firearms, or any similar secondhand articles or objects. Does not include bookstores (“General Retail”); secondhand farm and construction equipment (“Construction and Heavy Equipment Sales and Rental”); junk dealers, or scrap/dismantling yards (“Recycling Facility – Scrap and Dismantling Yards”); the sale of antiques and collectibles (“General Retail”); the sale of cars and other used vehicles (“Auto and Vehicle Sales/Rental”); or pawnshops (“Personal Services – Restricted”).

Second Unit. See “Residential Second Unit.”

Service Station. A retail business selling gasoline and/or other motor vehicle fuels, and related products as its primary business. Where allowed by Article 2 (Zones, Permitted Land Uses, and Zoning Standards), a gas station may also include a “Convenience or Liquor Store,” “Vehicle Services,” and/or trailer rental (“Auto and Vehicle Sales/Rental”) as ancillary uses, which are separately defined.

Setback. The distance by which a structure, parking area or other development feature must be separated from a lot line, other structure or development feature, or street centerline. See also “Yard” and Section 17.30.100 (Setback Requirements and Exceptions).

Shopping Center. A primarily retail commercial site with three or more separate businesses sharing common pedestrian and parking areas.

Sign. A structure, device, figure, display, message placard, or other contrivance, or any part thereof, situated outdoors or indoors, which is designed, constructed, intended, or used to advertise, or to provide information in the nature of advertising, to direct or attract attention to an object, person, institution, business, product, service, event, or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images. Does not include murals, paintings and other works of art that are not intended to advertise or identify any business or product. Types of signs include the following:

1.    A-Board Sign. A portable “a-frame” or “sandwich board” sign.

2.    Abandoned Sign. A sign that no longer advertises a business, lessor, owner, product, service or activity on the premises where the sign is displayed.

3.    Animated or Moving Sign. A sign which uses movement, lighting, or special materials to depict action or create a special effect to imitate movement.

4.    Awning Sign. A sign copy or logo attached to or painted on an awning.

5.    Banner, Flag, or Pennant. Cloth, bunting, plastic, paper, or similar non-rigid material used for advertising purposes attached to a structure, staff, pole, line, framing, or vehicle, not including official flags of the United States, the state of California, and other states of the nation, counties, municipalities, official flags of foreign nations and nationally or internationally recognized organizations.

6.    Bench Sign. Copy painted on a portion of a bench.

7.    Cabinet Sign (Can Sign). A sign with its text and/or logo symbols and artwork on a translucent face panel that is mounted within a metal frame or cabinet that contains the lighting fixtures which illuminate the sign face from behind.

8.    Changeable Copy Sign. A sign designed to allow the changing of copy through manual, mechanical, or electrical means including time and temperature.

9.    Directional Sign. A sign that is designed and erected solely for the purposes of directing vehicular and/or pedestrian traffic within a project.

10.    Directory Sign. A sign for listing the tenants and their suite numbers of a multiple tenant structure or center.

11.    Double-Faced Sign. A sign constructed to display its message on the outer surfaces of two identical and/or opposite parallel planes.

12.    Electronic Reader Board Sign. A sign with a fixed or changing display composed of a series of lights, but not including time and temperature displays.

13.    Externally Illuminated Sign. A sign that reflects light from a source intentionally directed upon it, including silhouettes of letters or symbols placed before a background of reflected light.

14.    Flashing Sign. A sign that contains an intermittent or sequential flashing light source.

15.    Freestanding Sign. A sign fixed in an upright position on the ground not attached to a structure other than a framework, pole or device, erected primarily to support the sign. Includes monument signs and pole signs.

16.    Illegal Sign. A sign that includes any of the following:

a.    A sign erected without complying with all regulations in effect at the time of its construction or use;

b.    A sign that was legally erected, but whose use has ceased, the structure upon which the display is placed has been abandoned by its owner, or the sign is not being used to identify or advertise an ongoing business for a period of not less than 90 days;

c.    A sign that was legally erected which later became nonconforming as a result of the adoption of an ordinance, the amortization period for the display provided by the ordinance rendering the display conforming has expired, and conformance has not been accomplished;

d.    A sign that was legally erected which later became nonconforming and then was damaged to the extent of 50 percent or more of its current replacement value;

e.    A sign which is a danger to the public or is unsafe;

f.    A sign which is a traffic hazard not created by relocation of streets or highways or by acts of the City; or

g.    A sign that pertains to a specific event, and five days have elapsed since the occurrence of the event.

Figure 7-5 – Examples of Types of Signs

17.    Internally Illuminated Sign. A sign whose light source is located in the interior of the sign so that the rays go through the face of the sign, or light source which is attached to the face of the sign, and is perceived as a design element of the sign.

18.    Marquee (Canopy) Sign. A sign which is attached to or otherwise made a part of a permanent roof-like structure which projects beyond the building wall in the form of a large canopy to provide protection from the weather.

19.    Monument Sign. An independent, freestanding structure supported on the ground having a solid base as opposed to being supported by poles or open braces.

20.    Multi-Tenant Sign. An identification sign for a commercial site with multiple tenants, displaying the names of each tenant on the site.

21.    Nonconforming Sign. An advertising structure or sign which was lawfully erected and maintained prior to the adoption of this Zoning Ordinance, but does not now completely comply with current regulations.

22.    Off-Site Directional Sign. A sign identifying a publicly owned facility, emergency facility, or a temporary subdivision sign, but excluding real estate signs.

23.    Off-Site Sign. A sign identifying a use, facility, service, or product that is not located, sold, or manufactured on the same premises as the sign, or that identifies a use, service, or product by a brand name which, although sold or manufactured on the premises, is not a principal item for sale or manufactured on the premises.

24.    Permanent Sign. A sign constructed of durable materials and intended to exist for the duration of time that the use or occupant is located on the premises.

25.    Pennant. Reserved.

26.    Political or Social Issue Sign. A sign that addresses:

a.    The passage or defeat of a measure appearing on the ballot in any national, state, or local election;

b.    The election or defeat of any candidate for any public office in any national, state, or local election; or

c.    An international, national, state, or local political or social issue.

27.    Pole/Pylon Sign. An elevated freestanding sign, typically supported by one or two poles or columns.

28.    Portable Sign. A sign that is not permanently affixed to a structure or the ground.

29.    Projecting Sign. A sign other than a wall sign suspending from, or supported by, a structure and projecting outward.

30.    Real Estate Sign. A sign indicating that a property or any portion thereof is available for inspection, sale, lease, rent, or directing people to a property, but not including temporary subdivision signs.

31.    Roof Sign. A sign constructed upon or over a roof, or placed so as to extend above the edge of the roof.

32.    Temporary Sign. A sign intended to be displayed for a limited period of time and capable of being viewed from a public right-of-way, parking area or neighboring property.

33.    Three-Dimensional Sign Objects. The area of a sign consisting of one or more three-dimensional objects (e.g., balls, cubes, clusters of objects, sculpture, or statue-like trademarks); shall be measured on the perimeter of the three-dimensional object.

34.    Vehicle Sign. A sign which is attached to or painted on a vehicle which is parked on or adjacent to any property, the principal purpose of which is to attract attention to a product sold or business located on the property.

35.    Wall Sign. A sign which is attached to or painted on the exterior wall of a structure with the display surface of the sign approximately parallel to the building wall, which does not project more than 12 inches from the wall.

36.    Window Sign. A sign posted, painted, placed, or affixed in or on a window exposed to public view. An interior sign which faces a window exposed to public view and is located within three feet of the window.

Sign Area. See Subsection 17.40.060.A (General Requirements for All Signs – Sign area measurement).

Sign Copy. The sign text/logo/symbol contained within the perimeter of a sign board, cabinet or three-dimensional figure defined by a continuous line composed of either right angles which enclose the extreme limits of lettering, logo, trademark, or other graphic representation, together with any frame or structural trim forming an integral part of the display used to differentiate the sign from the background against which it is placed.

Sign Height. See Subsection 17.40.060.B (General Requirements for All Signs – Sign height measurement).

Sign Structure. Supporting bracing or framework which is used to attach a sign to a building, awning, or ground.

Single-Family Dwelling. A building designed for and/or occupied exclusively by one family. Includes factory built, modular housing units, constructed in compliance with the California Building Code (CBC), and mobile homes/manufactured housing units that comply with the National Manufactured Housing Construction and Safety Standards Act of 1974, when placed on a permanent foundation system. Attached single-family dwellings include condominiums, rowhouses.

Site. A parcel or adjoining parcels under single ownership or single control, considered a unit for the purposes of development or other use.

Site Coverage. The percentage of total site area occupied by structures, sidewalks, paved driveways, and other impervious surfaces.

Small Family Day Care Home. See “Day Care Facility, Child – Family Day Care Home.”

Social Service Organization. A public or quasi-public establishment providing social and/or rehabilitation services, serving persons with social or personal problems requiring special services, the handicapped, and the otherwise disadvantaged. Examples of this land use include: counseling centers, welfare offices, job counseling and training centers, or vocational rehabilitation agencies. Includes organizations soliciting funds to be used directly for these and related services, and establishments engaged in community improvement and neighborhood development. Does not include day care services, emergency shelters and transitional housing, or “Residential Care Facility,” which are separately defined.

Specialized Transportation Dispatch Facility. A base facility where ambulances, taxis, limousines, armored cars, tow trucks and similar vehicles for specialized transportation are stored, and from which they are dispatched, and/or where ambulance vehicles and crews not based at a hospital or fire department stand by for emergency calls. Does not include storage facilities for towed vehicles, which is classified under “Vehicle Storage.”

Speculative Retail Building. A building proposed within a commercial zone for which no tenants are identified at the time of planning permit application.

Sports and Active Recreation Facility. Public and private facilities for various outdoor sports and other types of recreation, where the facilities are oriented more toward participants than spectators. Examples include:

•    

athletic/sport fields (e.g., baseball, football, softball, soccer)

•    

swimming pools

•    

health and athletic club outdoor facilities

•    

tennis and other sport courts (e.g., handball, squash)

•    

skateboard parks

 

Sports and Entertainment Assembly. A large-scale indoor or outdoor facility accommodating spectator-oriented sports, concerts, and other entertainment activities. Examples of this land use include amphitheaters, race tracks, stadiums and coliseums. May also include commercial facilities customarily associated with the above uses, including bars and restaurants, gift shops, video game arcades, etc.

Storage – Accessory. The indoor storage of materials accessory and incidental to a primary use is not considered a land use separate from the primary use.

Storage – Outdoor. The storage of various materials outside of a structure other than fencing, either as an accessory or primary use.

Storage – Personal Storage Facility. Structures containing generally small, individual, compartmentalized stalls or lockers rented as individual storage spaces and characterized by low parking demand.

Storage – Warehouse, Indoor Storage. Facilities for the storage of furniture, household goods, or other commercial goods of any nature. Includes cold storage. Does not include: warehouse, storage or mini-storage facilities offered for rent or lease to the general public (“Storage – Personal Storage Facility”); warehouse facilities primarily used for wholesaling and distribution (see “Wholesaling and Distribution”); or terminal facilities for handling freight (see “Freight Terminal”).

Story. The area between grade and finished floor, the area between finish-floor elevations or the area between the finish-floor elevation and the roof elevation.

Street. A public thoroughfare accepted by the City, which affords principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare except an alley as defined in this section.

Structure. Anything constructed or erected, the use of which requires attachment to the ground or attachment to something located on the ground. For the purposes of this Zoning Ordinance, the term “structure” includes “buildings,” but does not include swimming pools.

Studio – Art, Dance, Martial Arts, Music, Etc. Small scale facilities, typically accommodating one group of students at a time, in no more than one instructional space. Larger facilities are included under the definition of “School – Specialized Education/Training.” Examples of these facilities include: individual and group instruction and training in the arts; production rehearsal; photography, and the processing of photographs produced only by users of the studio facilities; martial arts training studios; gymnastics instruction, and aerobics and gymnastics studios with no other fitness facilities or equipment. Also includes production studios for individual musicians, painters, sculptors, photographers, and other artists.

Studio Unit. A residential unit where living and sleeping space is combined in a single room.

Subdivision. The division, by any subdivider, of any unit or portion of land shown on the latest equalized Monterey County assessment roll as a unit or contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. Subdivision includes the following, as defined in Civil Code Section 1715: a condominium project; a community apartment project; or the conversion of five or more existing dwelling units to a stock cooperative.

Subdivision Improvements. Subdivision improvements include but are not limited to streets, storm drainage facilities, sanitary sewers, water supply facilities, electric and gas lines.

Subdivision Map Act, or Map Act. Division 2, Title 7 of the California Government Code, commencing with Section 66410 as presently constituted, and any amendments to those provisions.

Substantial Rehabilitation or Renovation. Substantial rehabilitation or renovation occurs when 25 percent or more of the floor area of the existing structure is proposed to be added to the structure and/or a building permit for construction valued at 50 percent or more of the assessed value of the structure before rehabilitation or renovation is requested.

T.    Definitions, “T.”

Telecommunications Facility. Public, commercial and private electromagnetic and photoelectrical transmission, broadcast, repeater and receiving stations for radio, television, telegraph, telephone, data network, and wireless communications, including commercial earth stations for satellite-based communications. Includes antennas, commercial satellite dish antennas, and equipment buildings. Does not include telephone, telegraph and cable television transmission facilities utilizing hard-wired or direct cable connections. The following terms and phrases are defined for the purposes of Chapter 17.54 (Telecommunications Facilities).

1.    Antenna. Any system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of electromagnetic waves or radio frequency signals.

2.    Collocation. The location of two or more wireless, hard wire, or cable communication facilities on a single support structure or otherwise sharing a common location. Collocation shall also include the location of communication facilities with other facilities (e.g., water tanks, light standards, and other utility facilities and structures).

3.    Collocation Facility. The placement or installation of wireless facilities, including antennas, and related equipment, on, or immediately adjacent to, a wireless telecommunications collocation facility.

4.    Communication Facility. An unstaffed facility, generally consisting of antennas, and equipment cabinet or structure, and related equipment, which receives and/or transmits electromagnetic waves, light waves, radio frequencies or other types of signals.

5.    Equipment Cabinet. A cabinet or structure used to house equipment associated with a wireless, hard wire, or cable communication facility.

6.    Monopole. A single freestanding pole, post, or similar structure, used to support equipment associated with a single communication facility.

7.    Multipoint Distribution Service. A microwave communication service that delivers video programming, data and/or voice communication directly to subscribers, including multi-channel multipoint distribution series, instructional television fixed services, and local multipoint distribution services, or as defined by the Section 207 of the Telecommunications Act of 1996, Section 1.4000 of Title 47 of the Code of Federal Regulations and any interpretative decisions thereof issued by the Federal Communications Commission.

8.    Service Provider. Any authorized provider of communication services.

9.    Tower. Any ground or roof mounted pole, spire, structure, or combination thereof taller than 15 feet, including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna or similar apparatus above grade.

10.    Wireless Telecommunications Facility. Equipment and network components such as towers, utility poles, transmitters, base stations, and emergency power systems that are integral to providing wireless telecommunication services.

11.    Wireless Telecommunications Collocation Facility. A wireless telecommunications facility that includes collocation facilities.

Temporary Structure. A structure without any foundation or footings, and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.

Temporary Use. A use of land that is designed, operated and occupies a site for a limited time, typically less than 12 months.

Tenant. A person renting or leasing a housing unit or nonresidential space.

Theater, Cinema, or Performing Arts. A commercial indoor facility for group entertainment, other than sporting events. Examples of these facilities include:

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civic theaters, and facilities for “live” theater and concerts

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movie theaters

See also “Meeting Facility, Public or Private,” and “Sports and Entertainment Assembly.”

Therapeutic Massage. An establishment with a fixed place of business where any individual, firm, association, partnership, corporation, or combination of individuals engages in, conducts, carries on or permits to be engaged in, conducted or carried on, massage, baths, or health treatments involving massage or baths as the principal functions where the establishment adheres to the following criteria:

1.    All individuals performing massage on the premises of the establishment are engaged in legitimate, therapeutic, nonsexual massage, have received certification by the California Massage Therapy Council (CAMTC), and are able to demonstrate current certification at the time of business license issuance and annual business license renewal by the City; and

2.    All individuals performing massage on the premises of the establishment maintain reasonable attire and personal hygienic practices, and the establishment maintains safe, clean, and hygienic facilities; and

3.    The establishment shall be subject to reasonable inspections during regular business hours by duly authorized law enforcement officials, to ensure compliance with all applicable building, fire, and health and safety requirements.

Establishments whose principle function involves the methods of practice or the legitimate techniques of licensed physicians, chiropractors, physical health therapists, or athletic trainers are classified as “Medical Services – Doctor Office.” Massage establishments that are engaged in sexual massage, or do not satisfy all of the above criteria, are classified as an “Adult-Oriented Business.”

Transit Station or Terminal. A passenger station for vehicular and rail mass transit systems; also terminal facilities providing maintenance and service for the vehicles operated in the transit system. Includes buses, taxis, railway, etc.

U.    Definitions, “U.”

Unit Owner, or Owner. The holder of record fee title to an affordable unit. “Unit owner” includes a contract purchaser (“vendee”) under an installment land contract.

Usable Open Space. Areas open to the sky on the ground, roof, balcony, deck or porch which are used as landscaped areas, walkways, parks, recreation areas, but not including structures, driveway, parking areas, required front yards, utility areas or open areas with dimension of less than 10 feet in width and 10 feet in depth.

Use. See “Land Use.”

Use, Primary. See “Primary Use.”

Utility Facility. A fixed-base structure or facility serving as a junction point for transferring electric utility services from one transmission voltage to another or to local distribution and service voltages, and similar facilities for water supply and natural gas distribution. These uses include any of the following facilities that are not exempted from planning permit requirements by Government Code Section 530171:

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corporation and maintenance yards

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public water system wells, treatment plants and storage

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electrical substations and switching stations

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telephone switching facilities

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natural gas regulating and distribution facilities

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wastewater treatment plants, settling ponds and disposal fields

These uses do not include office or customer service centers (classified in “Office”).

Utility Infrastructure. Pipelines for water, natural gas, and sewage collection and disposal; and facilities for the transmission of electrical energy for sale, including transmission lines for a public utility company. Also includes telephone, telegraph, cable television and other communications transmission facilities utilizing direct physical conduits. Does not include offices or service centers (see “Office – Business/Service”), or distribution substations (see “Utility Facility”).

V.    Definitions, “V.”

Vapor Lounge. An establishment other than a tobacco or electronic cigarette retailer where electronic cigarettes are smoked on premises.

Vehicle Services. The repair, servicing, alteration, restoration, towing, painting, cleaning, or finishing of automobiles, trucks, recreational vehicles, boats and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. This use includes the following categories:

1.    Major Repair/Body Work. These establishments include towing, collision repair, other body work, and painting services; tire recapping.

2.    Minor Maintenance/Repair. Minor facilities providing limited repair and maintenance services. Examples include: attended and self-service car washes; detailing services; muffler and radiator shops; quick-lube services; tire and battery sales and installation (not including recapping).

Does not include automobile parking (see “Parking Facility”), repair shops that are part of a vehicle dealership on the same site (see “Auto and Vehicle Sales/Rental,” and “Mobile Home, Boat, or RV Sales”); gas stations, which are separately defined; or dismantling yards, which are included under “Recycling Facility – Scrap and Dismantling Yards.”

Vehicle Storage. A facility for the storage of operative cars and other fleet vehicles, trucks, buses, recreational vehicles, and other motor vehicles. Includes facilities for the storage and/or servicing of fleet vehicles. Does not include public or private parking lots; or dismantling yards (classified in “Recycling Facility – Scrap and Dismantling Yards”).

Veterinary Clinic, Animal Hospital – With Boarding. Office and indoor medical treatment facilities used by veterinarians, including large and small animal veterinary clinics, and animal hospitals. See also “Kennel, Animal Boarding” for additional regulations.

Veterinary Clinic, Animal Hospital – Without Boarding. Office and indoor medical treatment facilities used by veterinarians, including large and small animal veterinary clinics, and animal hospitals.

Video Rental. See “General Retail,” and “Adult-Oriented Business.”

W.    Definitions, “W.”

Walkways. Land which is intended primarily to provide pedestrian access.

Warehouse. See “Storage – Warehouse, Indoor Storage.”

Wholesaling and Distribution. An establishment engaged in selling merchandise to retailers; to contractors, industrial, commercial, institutional, farm, or professional business users; to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Examples of these establishments include:

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agents, merchandise or commodity brokers, and commission merchants

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assemblers, buyers and associations engaged in the cooperative marketing of farm products

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merchant wholesalers

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stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment

Also includes storage, processing, packaging, and shipping facilities for mail order and electronic-commerce retail establishments.

Winery/Wine Tasting. Facility allowing beer/wine tasting with on-site and off-site retail sales directly to the public (or shipped). The tasting room facility must be directly affiliated with a minimum of one brewery/winery (meeting the requirements of the Alcoholic Beverage Control (ABC) appropriate license type such as: Type 2 winegrower license or Type 23 microbrewery license). The tasting room may be operated within a brewery/winery facility or as a stand-alone retail use.

X.    Definitions, “X.”

No specialized terms beginning with the letter “X” are defined at this time.

Y.    Definitions, “Y.”

Yard. An area between a lot line and a structure, unobstructed and unoccupied from the ground upward, except for projections permitted by this Zoning Ordinance. See also “Setback” and Section 17.30.100 (Setback Requirements and Exceptions).

1.    Front Yard. An area extending across the full width of the lot between the front lot line and the primary structure.

2.    Rear Yard. An area extending the full width of the lot between a rear lot line and the primary structure.

3.    Side Yard. An area between a side lot line and the primary structure extending between the front and rear yards.

Youth Hostel. A dormitory style lodging facility, similar to “Organizational House,” operated by membership organization providing short-term lodging (no longer than 30 days) for members only; includes a self-serve kitchen for guests, meeting space and residential staff quarters.

Z.    Definitions, “Z.”

Zero Lot Line. The location of a building on a lot in such a manner that one or more building sides rests directly on a lot line.

Zoning District. Any district established by Chapter 17.06 (Zoning Map), within which certain land uses are allowed or prohibited, and certain site planning and development standards are established (e.g., setbacks, height limits, site coverage requirements, etc.).

Zoning Ordinance. The City of Seaside Zoning Ordinance, Title 17 of the Seaside Municipal Code, referred to herein as “this Zoning Ordinance.” (Ord. 1044 § 2, 2017; Ord. 1030 § 4 (Exh. A), 2016; Ord. 1025 § 23, 2015)