Resolution Number 77-5-4-1204
RESOLUTION NO. 77-5-4-1
LAND USE MANAGEMENT CODE AMENDMENT 77-1
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ADOPTING DEFINITIONS OF TERMS USED IN THE
LAND USE MANAGEMENT CODE
WHEREAS, on February 16, 1977, the City Council initiated
Amendment 77-1 to refine and update Ordinance No. 293, the Land Use
Management Code; and,
WHEREAS, Section 1.1.7 of the Land Use Management Code
requires that definitions of terms used in said Code be adopted
by Resolution of the City Council; and,
WHEREAS, the Planning Commission has forwarded a set of
draft definitions to the City Council recommending that they be
adopted as Appendix A to the Code; and,
WHEREAS, the City Council has held a duly advertised
Public Hearing and reviewed the draft definitions.
NOW, THEREFORE, BE IT RESOLVED, that the City Council does
hereby adopt the set of draft definitions, as set forth in Exhibit
A hereof, as Appendix A of the Land Use Management Code.
PASSED, APPROVED AND ADOPTED this 4th day of May ,
1977, by the following vote, to wit:
ATTEST:
AYES: Councilmen Sweeney, McDowell, Friess, Nash,
and Mayor Heckscher
NOES: None
ABSENT: None
J
l
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of Resolution No. 77-5-4-1 adopted by the
City Council of the City of San Juan Capistrano, California, at a
regular meeting thereof held on the 4th day of May ,
1977.
(SEAL)
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205
ATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
MARY ANN HANOVER, being first duly sworn, deposes
and says:
That she is the duly appointed and qualified City
Clerk of the City of San Juan Capistrano;
That in compliance with State laws of the State of
California and in further compliance with City Resolution
No. 76-12-15-10 and on the 6th day of May, 1977, she caused
to be posted:
RESOLUTION NO. 77-5-4-1
being: LAND USE MANAGEMENT CODE AMENDMENT 77-1
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ADOPTING DEFINITIONS OF TERMS USED IN THE
LAND USE MANAGEMENT CODE
in three (3) public places in the City of San Juan Capistrano,
to wit:
The Administration Building;
The Post Office;
The Orange County Public Library.
MARY AHANG ER, City Clerk
San Ju n Capistrano, California
CHECK LIST
ORD. NO-.......... RES. NO. ...-....
...._ �.- Mayor has signed
...__"'. Clerk has signed
........ City Seal stamped
..... All All blanks typed in
.Absent"........ L2U)-e.<..._. .......... _.__...........
"Noes" .......... ------..-----------
.......✓.. Typed in Official Record Book
_............ Posted to Classified aids
............ Copies sen[ to. ----- - 3� .....
--- ._.........
�.`..........
._--------------..... _............. _---------
.............. Legal Publication ordered to be published
(date) ------- ------------------ ..------- ----------- ----._....
No. Affidavits ........................._.........---. .......
No. Printed copies required ..... ....... _- --------
Remarks .. <....'.::. = -......
4- ...... �.......................5......-....."------------------------------------------
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APPENDIX A: DEFINITIONS
A
ABUT OR ABUTTING: The same as adjacent.
ACCESS: The place or way by which pedestrians and/or vehicles shall have
safe, adequate and suitable ingress and egress to a property or use as
required by this Code.
ACCESSORY STRUCTURE: A detached subordinate structure or building, the
use of which is customarily incidental to that of the main structure or
building, or to the primary use of the land, and which is located on the
same building site with the main structure, building, or use.
ACCESSORY USE: A use customarily incidental and accessory to the primary
use on a building site.
ADJACENT: Two or more lots or parcels of land sharing a common boundary
line, or two or more objects in contact with each other. Synonyms are
Contiguous, Abutting, or Adjoining.
ADJOINING: The same as adjacent.
ARTERIAL HIGHWAY: A highway primarily for through traffic and which usually
connects to other arterial highways. Arterial highways are classified
as primary and secondary.
AVERAGE DAILY TRAFFIC (ADT): The average number of vehicles using a traveled
way for a twenty-four hour period determined by dividing the total number
of vehicles for a stated period by the number of days in that time period.
ALLOWED: Permitted.
ALLEY: A public or private way permanently reserved as a side or rear
entrance to abutting property. Generally, the secondary access to a property.
ANIMAL, DOMESTIC: Any domesticated animal or household pet commonly maintained
in residence with man.
APARTMENT: A room or suite of rooms, within an apartment house, which
is designed for occupancy by one family for living and sleeping purposes
and which contains no more than one kitchen.
APARTMENT HOUSE: Any building, or portion thereof, which is designed,
built, rented, leased, let, or hired out to be occupied, or which is occupied
as the home or residence of three or more families living independently
of each other and doing their own cooking in the said building, and shall
include flats and apartments.
APPEAL: 1. A request by a project applicant or other qualified individual
or agency for a City body to modify or reverse a decision rendered
by a subordinate City body or by City staff.
2. A decision by the City Council, Planning Commission or
other City body to review a decision by a subordinate body or by
City staff in order to consider modification or reversal of said
decision by the subordinate body or staff.
APPELLANT: Those persons or agencies filing appeals, paying fees, where
required and complying with procedural requirements stated in this Code.
ARCADE: A contiguous area with access to a street or other public way
and which affords pedestrian access to business establishments or other
land uses fronting said area.
"EXHIBIT A"
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20"7
ARCHITECTURAL PROJECTION: Anything attached to and extended outside the
outer face of the exterior wall of a structure and not intended for shelter
or occupancy.
ARTICLE: An Article of this Code unless some other ordinance, code, or
statute is indicated.
AVERAGE FINISH GRADE: The average of the finish grades in a five-foot
strip surrounding a building.
B
BASE DISTRICT OR BASE ZONING DISTRICT: A portion of the City within which
only certain land uses and structures are permitted and certain standards
are established for development of land.
BIKE LANE: A designated area within a street roadway reserved for bicycle
travel and separated from the rest of the roadway by painted lines or
other pavement markings.
BIKE TRAIL: A right-of-way reserved exclusively for bicycle travel and
separated from public or private travelways.
BIKE ROUTE: A bicycle pathway within a street roadway identified only
by bikeway signs without any special pavement markings.
BIKEWAY: A bicycle pathway: either a bike lane, bike trail, or bike route.
BILLBOARD: See SIGNS
BOARDING OR ROOMING HOUSE: A residential building, other than a rest
home, containing a single dwelling unit and not more than five guest rooms
or suites of rooms where lodging is provided with or without meals, for
compensation.
BOUNDARY CLOSURE: The complete closing of a property's boundaries. The
maximum permissable error of closure shall be no greater than 0.017 feet
for Final Maps or Parcel Maps.
BUILDING: Any structure, other than a vehicle, having a roof supported
by columns or walls, for the housing, shelter, or enclosure of persons,
animals, chattels, or property of any kind.
BUILDING, ACCESSORY: The same as ACCESSORY STRUCTURE.
BUILDING OR STRUCTURE HEIGHT: The vertical distance from average finish
grade to the topmost point of the roof of a building or to the highest
point of a structure other than a building.
BUILDING LINE: The exterior wall surface of a building, exclusive of _
architectural projections or eaves.
BUILDING, MAIN: A building in which is conducted the primary use of the
building site on which it is situated.
BUILDING, MAIN RESIDENTIAL: A residential building which is the main
building on a lot.
BUILDING, RESIDENTIAL: A building or portion thereof designed and used
for human habitation.
BUILDING SITE: 1. The ground area of one (1) lot; or
2. The ground area of two (2) or more lots when used
in ombination for a building or permitted group of
buildings, together with all open spaces as required
by this Code.
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C
CAPITAL IMPROVEMENT PROGRAM: A budgeted multi-year schedule of physical
improvements to streets and other public facilities planned and carried
out by the City.
CARETAKER'S RESIDENCE: An accessory structure, either permanently or
temporary in nature, containing living quarters and kitchen facilities
for housing persons responsible for administering, overseeing, or main-
taining security for the main use on the site.
CAT: A feline of either sex, altered or unaltered.
CEMETARY: Land used or intended to be used for the burial of the dead
and dedicated for cemetary purposes, including columbariums, crematories,
mausoleums and mortuaries when operated in conjunction with and within
the boundary of such cemetary.
CERTIFICATE OF USE AND OCCUPANCY: A required document issued by the
Department of Building and Safety prior to the occupation or use of vacant
land, except for agricultural uses, or prior to occupation or use of
building erected or structurally altered.
CHILD DAY CARE CENTER OR CHILD CARE NURSERY: Any building or other premises
or portion thereof appropriated to the day care, apart from their parents
or guardian, of more than 6 ambulatory children between the ages of 2
and S years inclusive and between the hours of 6 a.m. and 7 p.m. The
establishment shall be licensed by the State and conducted in accordance
with State requirements. Similar terms are day nursery, nursery school
and child day care nursery. Rooms accessory to a church and used for
religious education on not more than two days a week are not considered
child day care centers.
CHILDREN'S HOME: One or more buildings used for the semi-permanent,
24-hour care of orphans or other children deprived of parental care, operated
by a public agency or a philanthropic or charitable organization, but
shall not include commercial enterprises operated by such organization
or a correctional institution.
CITY: The City of San Juan Capistrano, California.
CITY COUNCIL: The City Council of the City of San Juan Capistrano.
CITY ENGINEER: That person, or his designated representative assigned
to the position of City Engineer by the City Council.
CLINIC: Any facility used for the care, diagnosis and treatment of sick,
active, infirm or injured persons and those who are in need of medical,
dental or surgical attention, but who are not provided with board or room
or kept overnight on the premises. "Clinic" includes dental clinic, health
clinic, medical clinic and doctors' offices and may include laboratory
facilities in conjunction with normal clinic services.
CODE: The Land Use Management Code (Ordinance No. 293) of the City of
San Juan Capistrano, unless some other code, ordinance, or statutue is
indicated.
CODES, COVENANTS, AND RESTRICTIONS: A set of private agreements written
and agreed to by a group of property owners, usually included in each
property deed, and which sets down certain rules and regulations governing
the development and use of said properties.
COMMERCIAL: A land use or other activity involving the sale of goods
or services for financial gain.
COMMERCIAL DISTRICT: A zoning district whose designation begins with
the letter "C".
—5—
COMMISSION: The Planning Commission of the City of San Juan Capistrano
unless some other commission, board or committee is indicated.
COMMUTER (STREET): A street which distributes residential or local traffic
from its point of origin to higher capacity facilities. The commuter
street does not serve lots directly, but fulfills the collection function
for a group of local streets. Trips will be short and conducted at low
speeds (25-35 MPH) with relatively moderate (7,000 ADT) traffic volumes.
This category of street requires 60' of right-of-way.
CONDITIONAL USE: A use which requires a special degree of control because
of characteristics peculiar to it, or because of size, technological processes
or type of equipment, or because of the exact location with reference
to surroundings, streets and existing improvements or demands upon public
facilities. Such control is imposed to ensure that the particular use
at the particular site on which such use is proposed to be located is
compatible with other existing or permitted uses surrounding the site.
CONDITIONAL USE PERMIT: A permit issued by the City authorizing establishment
and operation of a conditional use.
CONDOMINIUMS: An estate in real property consisting of an undivided interest,
in common, in a portion of a parcel of real property together with a separate
interest in a building on such property. Such separate interest may also
include outdoor areas for patios, atriums, or courtyards.
CONSISTENCY OR GENERAL PLAN CONSISTENCY: Conformity of: (1) the Official
Zoning Map or other elements of this Code; or (2) a proposed land use
or development project to the provisions of the City's adopted General
Plan.
CnNTTGIIOHS: The same as ADJACENT.
COUNTY: The County of Orange, California.
D
DAILY TRIP:
DEDICATE: To convey to a public agency an interest in land for a public
purpose.
DIRECTOR OF PLANNING OR PLANNING DIRECTOR: The Director of Planning for
the City of San Juan Capistrano, or his or her duly authorized agent.
DESIGN: The physical aspects of a development, road improvement, or other
construction project. Design includes, but is not limited to, such items
as street alignment, grading, landscaping, site layout, building elevations,
and signing.
DEVELOPMENT OR DEVELOPMENT PROJECT: A physical improvement of a building
site involving one or more of the following: (1) structural construction
with or without associated improvements such as paving and landscaping;
(2) street improvements; (3) grading.
DEVELOPMENT PLAN: A plan created to describe a proposed development on
a specific building site.
DEVELOPMENT STANDARD: A numerical maximum or minimum requirement set
for each zoning district and regulating the development of building sites.
Such standards include, but are not limited to, building setbacks, street
frontage, and lot sizes.
DISTRICT OR ZONING DISTRICT: A Base District or Environmental Management
District.
DISTRICT. BASE: See Base District
ff:M
DISTRICT, ENVIRONMENTAL MANAGEMENT.
210
See Environmental Management District
DOG: A canine of either sex, altered or unaltered, that has reached the
age of four months.
DOMESTIC WATER USE: The use of water for direct human consumption, human
contact, or in the preparation of foods for human consumption.
DRIVEWAY: A traveled way providing vehicular access to a property in
single ownership or a non-residential joint land use of more than one
property from an alley (public or private), a private street, or a public
street.
DWELLING: A building or portion thereof used exclusively for residential
purposes, including one -family, two-family and multiple dwellings, but
not including hotels, motels, boarding houses, nursing homes, rest homes,
childrens homes, or hospitals.
DWELLING, MULTIPLE FAMILY: The same as APARTMENT HOUSE.
DWELLING, SINGLE-FAMILY OR SINGLE FAMILY DETACHED: A detached building
designed or used exclusively for occupancy by one family and containing
one dwelling unit.
DWELLING, TWO-FAMILY: A building designed or used exclusively for occupancy
by two families and containing two dwelling units.
DWELLING UNIT: A group of two or more rooms, one of which is a kitchen,
designed for occupancy by one family for living and sleeping purposes.
E
E OR ESTATE DISTRICT: A zoning district whose designation begins with
the letter "E".
EARLY CALIFORNIA STYLE: An architectural style characterized by the use
of light-colored stucco or masonry walls, exposed wooden beams, tile or
shake roofs and wrought iron details.
EARTHTONE OR MISSION COLORS: Muted colors such as browns, tans, beige,
pale yellows, and similar shades, but excluding bright or obtrusive colors.
EASEMENT: A recorded right or interest in the land of another, which
entitles the holder thereof to some use, privilege, or benefit out of
or over said land.
ELECTROLIER: A total street light assembly.
ENVIRONMENTAL IMPACT REPORT: A report which describes and analyzes the
environmental effects of a proposed project pursuant to the California
Environmental Quality Act of 1970.
ENVIRONMENTAL MANAGEMENT AGENCY: The Environmental Management Agency
of the County of Orange.
ENVIRONMENTAL MANAGEMENT DISTRICT: A certain portion of the City wherein
regulations relating to a specific environmental characteristic (such
as vulnerability to flooding) are imposed in addition to those of the
Base District covering the land in question.
EQUESTRIAN TRAIL: A right-of-way or easement, public or private, designated
for the riding of horses. Such trails may also include pedestrian use
(hiking trails).
EQUESTRIAN TRAIL ACCESS: Access to an equestrian trail from a given lot
or other property either directly or by means of private streets or easements.
—7—
21.1.
EQUINE: A category of domestic animal which includes horses, ponies,
donkeys, or mules.
EXCEPTION: Those specific provisions within the Code which provide for
minor modifications to restrictions or requirements set forth in the Code,
and which have no potential for negative impact on neighboring properties.
Exceptions, unlike variances, may be granted by the Planning Commission
without the requirement of a public hearing.
F
FAMILY: An individual living alone; or two or more persons related by
blood or marriage, including domestic employees, or a group of not more
than five persons, other than domestic employees, who need not be related
by blood or marriage, living together as a single housekeeping unit in
a dwelling.
FARM LABOR CAMP: Any living quarters, dwelling, boarding house, bunkhouse,
or other housing accommodations, maintained exclusively for the occupancy
of farm employees and their families in connection with any farm work
or place where farm work is being performed, and the premises upon which
they are situated.
FEEDER TRAIL: An equestrian trail or bikeway not indicated on the City's
General Plan, but which connects to, directly or indirectly, such a General
Plan equestrian trail or bikeway.
FENCE: A free-standing device, structural or natural, forming a physical
barrier by means of hedge, wood, mesh, metal, chain, masonry, brick, slate,
plastic or other similar material.
FILE: To formally submit plans, applications, appeals, complaints, requests
or other documents with a governmental agency, private firm, or individual.
FINAL MAP: A subdivision map prepared by or under the direction of a
licensed land surveyor or registered civil engineer in accordance with
the California Subdivision Map Act and this Code, and which is intended
to be placed on record in the office of the County Recorder.
FIRE FLOW: The flow of water required to extinguish a largest -probable
fire served by a water facility.
FLOOD HAZARD: A hazard to land or improvements due to overflow water
having sufficient depth or velocity to transport or deposit debris, scour
the surface soil, dislodge or damage buildings, or erode the banks of
water courses.
FLOOD, STANDARD PROJECT: The largest flood that can be expected from
the most severe combination of meteorological and hydrological conditions
considered reasonably characteristic of the geographical region involved.
FLOOD, 100 YEAR: The highest level of flooding that has an average
frequency of occurrence in the order of once in 100 years at a designated
location, considering regional meteorological and hydrological conditions
characteristic of the geographical region involved. This also means that
level of flooding having a one percent probability of occurrence in any
one year.
FLOOD, 25 YEAR: Flooding from that storm that has a probability of occurring
once in twenty-five years. This storm shall be used for the design of
local flood control facilities.
FLOOR AREA: The total horizontal area within the interior walls of all
floors of a structure.
212
FOLLOWING: A reference to a subsequent sentence or Paragraph within the
same Section of the Code. For example: "....as set forth in Paragraph
D4, following."
FRONTAGE: See Street Frontage.
E
GARAGE: A building or a portion of a building used primarily for the
parking of vehicles belonging to the occupants of the property.
GENERAL PLAN: The General Plan of the City of San Juan Capistrano adopted
by the City Council.
GRADE, FINISH: The elevation of a given point on a building site after
the site has been built upon, or the elevation of a given point on a street
after improvement.
GRADING: An excavation, filling in, spreading, or moving of earth, sand,
gravel, rock, or other material on a lot, building site, street right-
of-way or other land area.
GROUND WATER QUALITY: The quality of subterranean waters in terms of
their chemical, physical, biological, and radiological characteristics
as related to possible domestic water use.
GUEST HOUSE OR EMPLOYEE QUARTERS: An accessory structure, subordinate
to the main building on a lot, which contains living quarters of a
permanent type, with kitchen or cooking facilities.
H
HELIPORT: An area of land or a structural surface which is used or intended
for use for the landing and take -off of helicopters; including any appur-
tenant areas which are used or intended for use for heliport buildings
and other heliport facilities.
HOME OCCUPATION: An occupation conducted as a secondary use incidental
to and entirely within a dwelling, by the occupant of the dwelling in
connection with which there is no display, no stock in trade or commodity
sold on the premises, and no person employed; and which is conducted
in such a manner that the outward appearance of the premises gives no
indication of other than residential use, and which is not detrimental
to the residential character of the neighborhood by virture of traffic
flow, noise, odor or other adverse characteristics.
HOSPITAL: An establishment, licensed by the State Department of Public
Health, which provides accommodations, facilities and services over a
continuous period of 24 hours or more, for observation, diagnosis, treatment,
or care of human patients who are suffering from illness, injury, deformity,
or abnormality, or from any condition requiring obstetrical, medical,
or surgical services.
HOTEL: A residential building designed or used to be rented for occupancy
by guests for dwelling, lodging, or sleeping purposes containing six or
more guest rooms or suites of rooms, but not including any building in
which human beings are housed or detained under legal restraint or which
is used as a drug or other rehabilitation center.
IMPROVEMENT: The construction of streets, bridges, utilities, pedestrianways,
bikeways, or equestrian trails, or landscaping in connection with an approved
development or public works project, whether involving the subdivision
of land or not.
213
IMPROVEMENT PLANS: Engineering drawings intended to be used in the construc-
tion of street, trail, water, sewer, and/or drainage facilities.
INDUSTRIAL DISTRICT: A zoning district whose designation begins will
the letter "M".
IRREVOCABLE OFFER OF DEDICATION: An offer made to the City of San Juan
Capistrano for the dedication of land or facilities which, at any time,
may be accepted by resolution of the City Council. A rejection of the
offer, at any time, shall not cancel the offer of dedication.
J
JUNK: Used machinery, scrap iron, steel, other ferrous and nonferrous
metals, tools, implements or portions thereof, glass, plastic, cordage,
building materials or other waste which has been abandoned from its original
use and may be used again in its present or in a new form.
JUNK OR SALVAGE YARD: Any property used for the breaking -up, dismantling,
sorting, storage, distribution, or sale of any scrap, waste material or
junk.
K
KENNEL: Any place where four or more dogs, four months of age or older,
are kept or maintained.
KENNEL, COMMERCIAL: Any kennel maintained for the purpose of boarding,
breeding, raising, or training dogs for a fee or for sale.
KENNEL, NON-COMMERCIAL: Any kennel maintained for the use and enjoyment
of the occupant of the property for non-commercial purposes.
L
LANDSCAPING: The planting and maintenance of some combination of trees,
groundcover, shrubs, vines, flowers or lawn. In addition, the combination
or design may include natural features such as rock and stone, and structural
features including but not limited to fountains, reflecting pools, art
work, screens, walls, fences and benches.
LOCAL (STREET): A street which provides direct access to single-family
residential lots and is restricted to this function. The local street
best serves its function when it is discontinuous, so that traffic having
no destination along the street is discouraged from its use. This is
accomplished by implementation of cul-de-sacs and loop streets. This
category of street requires 56' of right-of-way.
LOT: Any numbered or otherwise designated parcel of land shown on:
(1) a recorded tract map, (2) a record of survey map recorded pursuant
to an approved division of land, or (3) a parcel map.
LOT AREA: The total area, measured in a horizontal plane, included within
the boundary lines of a lot.
LOT CLUSTER: Any single lot, or a group of adjacent lots having a single
uninterrupted perimeter boundary enclosing all of the lots.
LOT, CORNER: A lot situated at the intersection of two or more streets
having an angle of intersection of not more than 135 degrees.
LOT COVERAGE: That percentage of a lot which, when viewed directly from
above would be covered by a structure or structures, or any part thereof,
excluding projecting roof eaves.
—10—
214
LOT DEPTH: The distance between the mid -point of the front lot line and
the mid -point of the rear lot line.
LOT, INTERIOR: A lot other than a corner lot.
LOT LINE: A line separating one lot from another or from a public right-
of-way.
LOT LINE, FRONT: (1) A line separating an interior lot from a street
or highway; (2) A line separating the narrower street frontage of a corner
lot from a street or highway, unless otherwise specified by deed restriction;
(3) In the case of lots set back from the street, with long narrow portions
for access, the line, or series of lines, delimiting the front of the
buildable portion of the lot shall be established as the front lot line.
LOT LINE, REAR: A lot line which is opposite and most distant from the
front lot line; and, in the case of an irregular, triangular, or other
non -rectangular lot, a line 10 feet in length within the lot, parallel
to and at the maximum distance, within the lot, from the front lot line.
LOT LINE, SIDE: Any lot boundary line, not a front lot line or a rear
lot line. On a corner lot, the street right-of-way line with the greatest
amount of street frontage shall be the side lot line, unless otherwise
specified by deed restriction.
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 line.
LOWER SLOPE: In relation to terraces on manufactured slopes, the lower
slope shall be that portion of the slope below the terrace.
M
MAIN RESIDENTIAL BUILDING: See Building, Main Residential.
MAXIMUM DAILY DEMAND: The maximum demand for water from a water distribution
system for a twenty -four-hour period.
MAXIMUM HOURLY DEMAND: The maximum demand for water from a water distribution
system for any hourly period during a twenty -four-hour period.
MISSION COLORS: The same as Earthtone Colors.
MOBILE NOISE SOURCE: A fixed transportation route or facility which generates
noise impinging on nearby areas due to vehicle travel on said route or
facility.
MOBILEHOME: A structure or vehicle, without its own motive power, used
or designed for living or sleeping purposes. It is equipped with wheels
for the purpose of transporting such from place to place but is generally
located on a fixed or semi-permanent base. A travel trailer or boat trailer
is not to be considered as a mobile home.
MOBILEHOME PARK: Any area or tract of land where one or more sites, designated
or used for the occupancy of mobilehomes, are rented or leased, or offered
for rent or lease.
MODEL HOME: A dwelling unit temporarily used for display purposes as
anexample of dwelling units available or to be available for sale or
rental in a particular subdivision or other residential development approved
by the City. Model homes may also incorporate sales or rental offices
for dwellings within the development.
MOTEL: A group of attached or detached buildings containing individual
sleeping units for the temporary occupancy of tourists or other transients
traveling by automobile -- with a garage attached or parking space conveniently
located to each unit. Also referred to as auto courts, motor hotels,
motor lodges, and similar designations.
—11—
215
MOTOR VEHICLE: A self-propelled device used or intended to be used for
the transportation of freight or passengers upon a street or highway,
excepting a device moved by human power or a device used exclusively upon
stationary rails or tracks.
W
OUTDOOR STORAGE, PERMANENT: The use of a premises or part of a premises
not enclosed by a building, for the permanent storage of materials or
equipment.
OUTDOOR STORAGE, TEMPORARY: The use of a premises or part of a premises,
not enclosed by a building, for the storage of materials or equipment _
for a period of not greater than thirty days.
11
PARAGRAPH: A reference to a portion of a Section of this Code having
a separate letter or number heading. For example, "Paragraph Al of Section
3.6.5" refers to all material within the heading Al in Section 3.6.5.
PARCEL: A contiguous quantity of land in the possession of, owned by,
or recorded as the property of the same person.
PARCEL MAP: A map, prepared by a registered civil engineer or licensed
land surveyor showing the subdivision of land into four or less lots in
accordance with the provisions of the California Subdivision Map Act and
this Code, and which shows detailed information sufficient for recordation
by the County Recorder.
PARCEL MAP, TENTATIVE: A preliminary parcel map prepared for the purpose
of showing the design of a proposed subdivision of four or less lots and
the existing conditions in and around it and which need not be based upon
an accurate or detailed final survey of the property.
PARKING FACILITY: An area either open or enclosed within a structure
or portion thereof, designed or used for the parking of motor vehicles.
PARKING LOT, PUBLIC: An open parking facility which is not accessory
to a structure or use on the same or another lot.
PARKING MANAGEMENT PLAN: A plan developed by a government agency, the
principle aim of which is to reduce the total number of vehicle miles
traveled within a region.
PARKING SPACE OR STALL: A designated area within a parking facility designed
and used for the temporary parking of one motor vehicle.
PEAK FLOW, SEWAGE: The maximum design flow to be carried by a sanitary
sewer.
PERSON: Any individual, firm, copartnership, company, joint venture,
association, social club, fraternal organization, corporation, estate,
trust, receiver, syndicate, county, city, municipality, district or other
political subdivision, foreign country, or the managers, lessees, agents,
servants, officers, or employees of any of the above, or any other group
or combination acting as a unit.
PET OR DOMESTIC PET: A domestic animal which is not maintained as a work
animal, and which is of a species that is commonly kept within or given
access to an owner's house or dwelling unit.
PRECEDING: A reference to a previous sentence or Paragraph within the
same Section of this Code. For example: ".....as set forth in Paragraph
A, preceding."
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PRECISE PLAN: A plan, adopted by City ordinance, which shows the future
physical development to be implemented within a specifically defined and
circumscribed area of the City. The Precise Plan will show the types
of land uses to be developed on each parcel; a plan for circulation in
and adjacent to the precise plan area; and written standards, regulations
and policies for such items as architectural design, open spaces, preser-
vation of existing structures, and other relevant factors.
PREMISES: A lot or building site, or a specified portion of a lot or
building site, that contains the structures and the outside area necessary
for the location, maintenance, and operation of the use on the property.
PRIMARY USE: The main purpose for which a structure or lot is designed,
arranged, or intended, or for which either may be used, occupied, or maintained
under this Code.
PRIMARY ARTERIAL HIGHWAY: A highway which provides for through traffic
circulation for capacity beyond 20,000 ADT. This category requires 104'
of right-of-way.
PRINCIPAL USE: A primary use which is permitted in a district without
the requirement for approval of a Conditional Use Permit.
PRIVATE SANITARY SEWER: A sanitary sewer maintained and owned by a non-
public agency or persons joining a City (public) sanitary sewer.
PRIVATE SANITARY SYSTEM: A sewage disposal system that collects, treats,
and disposes of sewage independent of any City (public) sewerage facilities.
PROPERTY LINE: A line separating parcels of real property having separate
legal descriptions, or which separates a parcel from a public right-of-
way.
01
RATIONAL METHOD: A standard, accepted engineering procedure for determining
the amount of storm water runoff generated by a given storm over given
types of land use.
R DISTRICT: A zoning district whose designation begins with the letter
"Rn
RECREATIONAL VEHICLES: Recreational vehicles include the following:
Travel Trailer: A vehicular portable structure built on a chassis
designed to be used as a temporary dwelling for travel, recreational
and vacation uses permanently identified as a travel trailer by the
manufacturer;
Camper: A structure designed primarily to be mounted upon a motor
vehicle and with sufficient facilities to render as suitable for
use as a temporary dwelling for camping travel, recreational and
vacation purposes;
Motor Home: A portable dwelling designed and constructed as an integral
part of a self-propelled vehicle;
Full Tent Trailer: A canvas folding structure mounted on wheels
and designed for travel and vacation use;
Boats and Boat Trailers: Including boats, floats, and rafts plus
the normal equipment to transport the same on a street or highway.
REIMBURSEMENT AGREEMENT: A legal agreement between a person and a government
agency whereby the person will be repaid a certain portion of the fees
paid in connection with a development or subdivision when further develop-
ment occurs in the area or other specified events take place.
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RESIDENTIAL DISTRICT: A zoning district whose designation begins with
the letters "R" or "E", or the PRD District, or any residential portion
of a PC District as designated on an approved Comprehensive Development
Plan.
RESOLUTION OF INTENTION: A formal resolution adopted by a public agency
which expresses an intention to take some future action. For instance,
the adoption of a Resolution of Intention to annex a certain parcel of
land to the City at some future date.
REST HOME: An institution or premises licensed by the State and used
for the housing and care of the ambulatory, aged, or infirm and offering
or providing lodging, meals, nursing, dietary or other personal services,
but not including the care and treatment of persons with contagious or
communicable disease, mental illness, or persons addicted to narcotics
or alcohol. The term does not include places where there is surgery,
physical therapy, or other similar activities such as are customarily
provided in hospitals. Rest homes also include nursing homes, convalescent
homes, homes for the aged, veteran's homes, institutions for the feeble-
minded, cerebral palsied and the like, plus other similar names signifying
long-term care, which is personal and at most nursing help, rather than
medical or surgical care.
RETAIL, OR RETAIL SALES: The sale of goods, merchandise, or commodities
for consumption or use by the purchaser.
RIGHT-OF-WAY: An area or strip of land, either public or private, on
which a right of passage has been recorded.
ROADWAY: That portion of a street, highway, or alley right-of-way designed
or used for accommodating the movement of vehicles. The roadway may or
may not accommodate vehicle parking.
RURAL (STREET): A designation placed upon public roads and arterials
which requires street improvements that are commensurate with low density
residential development. The rural designation may be used in combination
with local, commuter, secondary, and primary street classifications.
S
SANITARIUM: An institution where patients, other than mental or drug
addict patients are housed and where medical or post-surgical treatment
is provided.
SANITARIUM, MENTAL: An institution for the recuperation and treatment
of victims of mental disorders or drug addiction.
SANITARY SEWER: A conduit designed to carry sewage.
SANITARY SEWER LATERAL: A conduit joining a sewage generating facility
and a sanitary sewer.
SCENIC HIGHWAY: Any highway designated a scenic highway by an agency
of the City, County, State or Federal Government.
SCHOOL, ELEMENTARY AND HIGH: Institutions of learning which offer instruction
in the several branches of learning and study required to be taught in
the public schools by the Education Code of the State of California.
Private institutions meeting this criterion shall also be included within
this definition. High schools include Junior and Senior.
SCREENING: Solid walls, solid fences or dense living hedges for the purpose
of concealing from view the area behind such structure or hedges.
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SECONDARY HIGHWAY: A highway which provides for through traffic circulation
within the City. This category requires 84' of right-of-way. Traffic
volumes are limited to 20,000 ADT.
SECOND HAND MERCHANDISE / GOODS: Used common household items including
clothing, personal effects, household furnishings, appliances, and office
equipment and furnishings.
SECTION: A section of this Code unless some other ordinance, code or
statute is indicated.
SERVICE STATION: A structure or premises where gasoline, oil, grease,
batteries, tires, automobile accessories and incidental items such as
soft drinks or tobacco products are supplied and dispensed at retail.
Service station activities do not include body work, straightening of
frames or body parts, steam cleaning, painting, welding, storage of automobiles
not in operating condition, nor the operation of a commercial garage as
an accessory use.
SETBACK AREA: That area between a property line and a line parallel thereto
at a distance equal to the appropriate setback distance.
SETBACK LINE: That line parallel to a property line and at a distance
equal to the appropriate setback distance.
SETBACK: A minimum horizontal distance between the building line and
the lot line; or when abutting a street, the minimum horizontal distance
between the building line and the ultimate right-of-way line.
SHOPPING CENTER: A group of two or more commercial establishments planned
and developed, owned and managed as a unit, with off-street parking and
loading provided on the property.
SIDEWALK: That portion of a vehicular thoroughfare not within the roadway
and set apart by curbs, barriers, markings or other delineations for pedestrian
travel.
SIGN: Any device used for visual communication or attraction including
any announcement, declaration, identification, demonstration, display,
illustration, insignia, or symbol that is visible outside the property
where it is located; together with all sign supports, parts, materials,
trim, and background.
SIGN ADVERTISING STATUARY: An imitation, representation, or similitude
of a person or thing which is sculptured, molded, modeled or cast in any
solid or plastic substance, material or fabric which for advertising or
identifying purposes is erected on or attached to the ground.
SIGN AREA: The entire surface area of a sign including non-structural
trim, but excluding the supports, uprights, or structures upon which the
sign is supported. Sign area of cutout letters or displays include the
total area within the periphery of the cutout letters or display. The
sign area of advertising statuary is the entire surface area of the statuary.
SIGN, BILLBOARD: An off-site sign used for advertising purposes and whose
copy or message is changed from time to time.
SIGN, BUILDING -MOUNTED: A sign attached directly to and supported by
a building.
SIGN, CONSTRUCTION: A temporary on-site sign, identifying a construction
or development project on the site and those individuals or firms directly
connected with the project.
SIGN COPY OR TEXT: Any words, letters, numbers, figures, designs, or
other symbolic representations incorporated into a sign with the purpose
of attracting attention to the subject matter.
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SIGN FACE: The surface, or that portion of a sign that is visible from
a single point as a flat surface or a plane and considered as such, together
with the background and any non-structural trim.
SIGN, FREE-STANDING: A sign supported by a base, uprights, or braces
placed upon or into the ground and detached from any building.
SIGN, MARQUEE: A building -mounted sign which is attached flush to or
painted on the front of a marquee or similar architectural projection.
SIGN, MONUMENT: A free-standing sign, not over six feet in overall height,
which is supported by an earth berm or a base of masonry, brick, block,
or wood.
SIGN, MULTI -FACED: A single sign having two or more faces.
SIGN, MULTIPLE: A sign structure to which is attached two or more separate
signs.
SIGN, OFF-SITE: A sign which identifies or advertises a product, service,
or event that is not produced or rendered or which does not occur on the
premises where the sign is located.
SIGN, ON-SITE: A sign indicating the name, occupation, or nature of the
activities conducted, services offered or the products sold or manufactured
on the premises where the sign is located.
SIGN, POLE: A free-standing sign, other than a monument sign, which is
supported by one or more poles or posts.
SIGN, PROJECTING: A building -mounted sign other than a wall, marquee,
or under -canopy sign, whose face is not parallel to the building, but
projects out at an angle.
SIGN, REAL ESTATE: A temporary on-site sign indicating that the premises
on which it is placed is available for sale, lease, or rent.
SIGN, ROOF: A sign erected upon or above the roof of a building or other
structure.
SIGN, SEPARATED PANEL: A single sign composed of individual panels separated
by air space between the panels.
SIGN, TEMPORARY: A sign permitted for a limited length of time and which
is in no way constructed as a permanent feature of the premises or structure
where it is located.
SIGN, UNDER CANOPY: Any sign attached to the underside of a canopy, portico,
or other structure used to cover a pedestrian walkway.
SIGN, WALL: A sign attached to, erected against, or painted onto a wall
of a building or other structure with the exposed face of the sign in
a plane parallel to the wall.
STABLE, COMMERCIAL: Any place where horses or other equine are kept,
housed, boarded, lodged, fed, hired, trained, sold, rented, or bred as
a commercial activity.
STABLE NON-COMMERCIAL: Any place where horses or other equine are kept
for the use and enjoyment of the occupants of the premises, or a non-commercial
facility for the use of a private homeowner's association.
STORM DRAIN: A conduit designed to carry storm water runoff.
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STREET: A right-of-way which provides a primary means of access for vehicular
and pedestrian traffic to abutting properties.
STREET FRONTAGE: The property line or lines between a street and a building
site.
STREET, PUBLIC: A street: (1) the right-of-way for which has been dedicated
to and accepted by the City for public use; or (2) an easement for which
has been granted to the City for public use.
STREET TREE MASTER PLAN: A plan adopted by the City Council for the planting
and maintenance of street trees in different parts of the City.
STRUCTURE: Anything constructed or erected requiring a fixed location
on the ground or attached to something having a fixed location on the
ground.
SUBDIVISION: The division of any improved or unimproved land, shown on
the latest equalized County assessment role as a unit or as 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 easements, or railroad rights-
of-way. "Subdivision" includes a condominium project as defined in Section
1350 of the Civil Code or a community apartment project as defined in
Section 11004 of the Business and Professions Code. Any conveyance of
land to a governmental agency, public entity or public utility shall not
be considered a subdivision for purposes of computing the number of parcels.
SUBDIVISION MAP ACT: The Subdivision Map Act of the State of California.
SUBSECTION: A portion of a Section of this Code designated by the Section
number followed by the applicable Paragraph within the Section. For example:
".....as set forth in Subsection 3.6.21-A1".
SWIbMIING POOL: A man-made body of water having a depth in excess of 18
inches, designed, constructed and used for swimming, dipping or immersion
purposes by humans.
T
TEMPORARY USE: A use which is associated with a holiday or special event,
or which is accessory to a permitted use and transitory in nature.
TEMPORARY USE PERMIT: A permit issued by the City authorizing a temporary
use.
TENTATIVE MAP: A map made for the purpose of showing the design of a
proposed subdivision and the existing conditions in and around it and
which need not be based upon an accurate or detailed final survey of the
property.
TENTATIVE PARCEL MAP: See PARCEL MAP, TENTATIVE.
TERRACE, SLOPE: That level portion of a manufactured slope.
THEATER: A premises used for giving dramatic performances or for showing
motion pictures, with all functions and facilities contained within a
building unless a drive-in theater is specified.
TOWNHOUSE: A dwelling unit occupying its own lot but which is physically
attached to at least one other dwelling unit.
TRAILER, HOUSE: The same as MOBILEHOME.
TRAILER, TRAVEL: See RECREATION VEHICLE.
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U
UPPER SLOPE: In relation to terraces on manufactured slopes, the upper
slope shall be that portion of the slope above the terrace.
USE: The purpose for which land or structures are arranged, designed
or intended, or for which either land or structures are, or may be, occupied
or maintained. Use includes construction, establishment, maintenance,
alteration, moving onto, enlargement, operation, or occupancy.
USE, ACCESSORY: See ACCESSORY USE.
USE, CONDITIONAL: See CONDITIONAL USE.
USE, NON -CONFORMING: See NONCONFORMING USE.
USE PERMIT, CONDITIONAL,
USE PERMIT, TEMPORARY:
See CONDITIONAL USE PERMIT.
See TEMPORARY USE PERMIT.
USE, PRIMARY: See PRIMARY USE.
USE, PRINCIPAL: See PRINCIPAL USE.
USE, TEMPORARY: See TEMPORARY USE.
V
VARIANCE: A modification of any specific provision of this Code, granted
by the City, after a public hearing, in accordance with applicable Sections
of this Code, for the purpose of assuring that no property, because of
special circumstances applicable to it, is deprived of privileges commonly
enjoyed by other properties in the same vicinity and district.
VEHICLE: A device with wheels capable of moving or being moved along
the ground, on pavement, or on rails.
W
WHOLESALE OR WHOLESALE BUSINESS: The sale of goods, merchandise, or commodities
to a retailer or jobber rather than to the consumer.
Y
YARD: An open space on a lot or parcel of land which is unoccupied and
unobstructed from the ground upward except as otherwise provided in this
Code.
YARD, FRONT: A yard extending across the full width of any building site
between the side lot lines, and measured between the front lot line and
the nearest line of any building. However, if any road easement or official
ultimate right-of-way line has been established for the street upon which
the site fronts, the front yard shall be measured instead from such easement
or ultimate right-of-way line to the nearest line of any building.
YARD, REAR: A yard extending across the full width of any building site
between the side lot lines, and measured between the rear lot line and
the nearest line of any building.
YARD, SIDE: A yard extending between the front yard and the rear yard
of any lot and measured between the side lot line and the nearest line
of any building opposite said lot line.
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Z
ZONING DISTRICT: See DISTRICT.
ZONING MAP, OFFICIAL: Designated official map or maps which show the
location and boundaries of the Districts established by this Code and
are referred to as the "Official Zoning Map" and incorporated as a part
of this Code. The said "Official Zoning Map" together with everything
shown thereon and all amendments thereto, are as much a part of this Code
as if fully set forth and described in context.
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