§ 9-5.203 DEFINITIONS.

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ACCESSORY DWELLING UNIT (ADU). An attached or detached residential dwelling that provides complete independent living facilities for one or more persons and is either 1) located on a lot with a proposed or existing primary residence, or 2) located in the IH Overlay District. An accessory dwelling unit also includes the following:

      (1)   An efficiency unit, as defined by Cal. Health and Safety Code § 17958.1; and

      (2)   A manufactured home, as defined by Cal. Health and Safety Code § 18007.

   ACCESSORY STRUCTURE. See “building, accessory.”

   ACCESSORY USE. See “use, accessory.”

   ACRE, GROSS DEVELOPABLE. The total land area within the legal lines of a property, excluding all existing public and private rights-of-way. All new public or private rights-of-way created as part of a given development are not excluded in determining the gross developable acreage of that development, however.

   ACTIVE ADULT SENIOR HOUSING. Includes residential dwelling units whose occupancy is restricted to adults over a certain age (e.g., one or more residents must be 55 years of age or older). Such housing may be in the form of attached or detached dwelling units, each with full kitchen and bathroom facilities. Active adult senior housing does not provide any medical or assisted living facilities, but may have common recreational facilities.

   ADULT BOUTIQUE. An establishment having a substantial or significant part of its stock-in-trade of novelties, games, cards, appliances and other items, which by themselves or by their packaging, are distinguished by or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in this code, or which items are used as a part of sexual activities, or an establishment with a segment or section devoted to the sale or display of such materials. An adult boutique does not have as a part of its stock-in-trade any books, magazines, periodicals, movies, videos, video discs, etc. for sale or rental distinguished by or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, nor does it have any video booths or other facility where patrons may view such videos or movies on-premises. An adult boutique may warehouse for distribution such items if the items or their packaging or descriptions are not displayed in any manner or offered for sale or rental to walk-in customers.

   ADULT ENTERTAINMENT BUSINESSES. This term shall be defined as follows:

      (1)    ADULT BOOK STORE. An establishment having as a substantial or significant portion of its stock-in-trade (i.e. at least 25%) books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, or an establishment with a segment or section devoted to the sale or display of such materials.

      (2)    ADULT CABARET. A nightclub, theater, or other establishment which features live performances by dancers, “go-go” dancers, exotic dancers, strippers, or similar entertainers where such performances are distinguished by an emphasis on specified sexual activities or specified anatomical areas, whether covered or not.

      (3)    ADULT HOTEL OR MOTEL. A hotel or motel wherein adult material is presented which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.

      (4)    ADULT MINI-MOTION PICTURE THEATER. An enclosed building meeting the definition of “adult motion picture theater,” except that it has a capacity of less than 50 persons.

      (5)    ADULT MOTION PICTURE ARCADE. Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

      (6)    ADULT MOTION PICTURE THEATER. An enclosed building, with a capacity of 50 or more persons, used for presenting material distinguished or characterized by its emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by the patrons therein. For the purposes of this definition, a theater may be considered to be an adult motion picture theater if 25% or more of the movies shown in a six month period are distinguished or characterized by sexual emphases as described in this section.

      (7)    SPECIFIED ANATOMICAL AREAS. This term shall be defined as follows:

         (a)   Less than completely and opaquely covered:

            1.   Human genitals or the pubic region;

            2.   Buttocks; and

            3.   Female breasts below a point immediately above the top of the areola; and

         (b)   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

      (8)    SPECIFIED SEXUAL ACTIVITIES. This term shall be defined as follows:

         (a)   Actual or simulated sexual intercourse, oral copulation and intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, the use of excretory functions in the context of a sexual relationship, and depictions of any of the following sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerastia;

         (b)   Clearly depicted human genitals in a state of sexual stimulation, arousal, or tumescence;

         (c)   The use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation;

         (d)   Fondling or touching nude human genitals, the pubic region, buttocks, or female breasts;

         (e)   Masochism, erotic or sexually oriented torture, beating, or the infliction of pain;

         (f)   Erotic or lewd touching, fondling, or other contact with an animal by a human being; or

         (g)   Human excretion, urination, menstruation, or vaginal or anal irrigation.

      (9)    OTHER. Any other business or establishment which offers its patrons services or entertainment or sales of materials characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.

      (10)    SEXUAL ENCOUNTER CENTER. Any business, agency, or person who, for any form of consideration or gratuity, provides a place where three or more persons, not all members of the same family, may congregate, assemble, or associate for the purpose of engaging in specified sexual activities or exposing specified anatomical areas.

   AFFORDABLE HOUSING. Ownership or rental housing that is restricted by recorded document to provide the housing at an affordable housing cost, as defined in Cal. Health and Safety Code § 50052.5, or an affordable rent, as defined in Cal. Health and Safety Code § 50053, as applicable.

   ALCOHOLISM OR DRUG ABUSE RECOVERY OR TREATMENT FACILITY. A facility approved and licensed by the state that provides 24-hour residential nonmedical services including alcohol, drug, or alcohol and drug recovery treatment or detoxification services to individuals who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse as defined by Cal. Health and Safety Code § 1502.

   ALLEY. Any public thoroughfare which affords only a secondary means of access to abutting property.

   AMUSEMENT CENTER. A commercial establishment containing three or more mechanical or electronic games, and/or miniature golf, race tracks, golf or batting cages or nets, or other amusements singularly or in combination.

   AREA MEDIAN INCOME or AMI. The midpoint of a region’s income distribution, meaning that half of the households in a region earn more than the median and half earn less than the median. As used in this code, AMI refers to the median income for Contra Costa County, which is part of the Oakland Metropolitan Statistical Area.

   ASSEMBLY USE. See “use, assembly.”

   ASSUMED HOUSEHOLD SIZE. Generally, a household of one person in a studio apartment, two persons in a one-bedroom unit, three persons in a two bedroom unit, and one additional person for each additional bedroom thereafter. However, the assumed household size is subject to the requirements of different funding sources and may differ accordingly.

   AUTOMOBILE SERVICE STATION. See “service station.”

   AUTOMOBILE REPAIR, MAJOR. The general repair, rebuilding or reconditioning of engines, motor vehicles or trailers, including collision service, body, frame, or fender straightening or repair; and auto body.

   AUTOMOBILE REPAIR, MINOR. The replacement of automobile parts and the provision of motor service to passenger cars, trucks, and other motor vehicles and trailers not exceeding one and one-half tons capacity, including upholstering but not including any operation named under “automobile repair, major.”

   AWNING. A rigid or movable shelter supported entirely from the exterior wall of a building and of a type which may be retracted or folded against the face of the supporting building.

   BAR. A structure or tenant space in a structure used primarily for the sale or dispensing of liquor by the drink (includes tavern, cocktail lounge, and pub).

   BASE DENSITY. The number of dwelling units permitted before any density bonus credit is applied.

   BED AND BREAKFAST INN. A dwelling, including on-site accessory structures, containing a single-family dwelling unit in which the inn owner or manager resides and in which, for compensation, temporary night-to-night lodging not to exceed 14 consecutive days with or without meals is being provided.

   BLOCK. A unit of land bounded by streets or by a combination of streets, rivers, or railroads, or other rights-of-way.

   BOARDING AND ROOMING HOUSE. A building other than a hotel or a bed and breakfast establishment, including on-site accessory structures, with no more than five guest rooms where lodging for two or more persons who are not living as a single household is provided with or without meals for monetary or non-monetary consideration under two or more written or oral agreements or leases for periods of at least 30 days. This does not include licensed alcoholism or drug abuse recovery treatment facilities, licensed residential care facilities, or licensed family foster care homes.

   BUFFER. A physical device (e.g. a masonry wall or setback) which provides adequate separation between land uses in order to mitigate potential negative impacts caused by one or more of those land uses.

   BUFFER ZONE. An area of land which surrounds a designated hazardous material facility and on which certain land uses and activities are restricted to protect public health and safety and the environ-ment from existing or potential hazards caused by the migration of hazardous waste.

   BUILDING. Any structure having a roof supported by columns or by walls and designed for the shelter or housing of any person or animal, or the storage of vehicles or materials. Manufactured homes not on foundations, and recreational vehicles with or without wheels, shall not be considered as buildings.

   BUILDING, ACCESSORY. A detached subordinate building, the use of which is incidental to that of the main building on the same lot and/or building site.

   BUILDING COVERAGE. The ratio of the building footprint to the size of the parcel or building site, expressed as a percentage. BUILDING COVERAGE is also commonly referred to as “lot coverage” or “site coverage.”

   BUILDING HEIGHT. The vertical dimension measured from the average level of the highest and lowest point of that portion of the lot covered by the building to the topmost point of the roof.

   BUILDING, MAIN. A building in which is conducted the principal use of the lot and/or building site on which it is situated.

   BUILDING, NONCONFORMING. See “non-conforming building.”

   BUILDING, PRIMARY. See “main building.”

   BUILDING, RESIDENTIAL. A building designed or used exclusively for residential purposes.

   BUILDING SITE. A lot or parcel of land in single or joint ownership and occupied, or to be occupied, by a main building and accessory buildings or by a dwelling group and its accessory buildings, together with such open spaces as are required by the provisions of this chapter and having its principal frontage along a street, road, or highway.

   BUILDING SITE, INFILL. Any building site of five acres or less that was previously developed for a residential, commercial, retail, institutional or other urban use or is immediately adjacent to parcels that are developed with any previous urban uses.

   BUSINESS, RETAIL. Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.

   BUSINESS, WHOLESALE. The wholesale handling of any article, substance, or commodity for profit or livelihood but not including the processing or manufacture of any product or substance.

   CANNABIS. All parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or be discovered, or development, that has psychoactive or medical properties, whether growing or not, including but not limited to the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. CANNABIS also means the separated resin, whether crude or purified, obtained from cannabis. CANNABIS also means marijuana as defined by Cal. Health and Safety Code § 11018 and Cal. Bus. and Prof. Code § 26001(f), as both may be amended from time to time. Any reference to cannabis or cannabis products shall include medical and nonmedical cannabis and medical and nonmedical cannabis products, unless otherwise specified. Cannabis or cannabis product does not mean industrial hemp as defined by Cal. Health and Safety Code § 11018.5, or the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product. Cannabis does not include the mature stalks of the plant; fiber produced from the stalks; any compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom); fiber, or the sterilized seed of the plant which is incapable of germination.

   CANNABIS BUSINESS. A person, partnership, corporation, company, association, collective, or cooperative which engages in commercial cannabis use(s).

   CANNABIS DELIVERY. A cannabis business that offers delivery of cannabis or cannabis products for either medical or recreational use and is operated in accordance with state and local laws and regulations, pursuant to a Type 9 cannabis license, or a cannabis license subsequently established. Cannabis delivery includes, but is not limited to, delivering cannabis directly to retail or wholesale customers or to other recipients with or without compensation and specifically excludes any on-site retail use. If retail use exists on the same site, the entire land use shall be classified as cannabis retail and subject to the provisions thereof.

   CANNABIS PRODUCT. Cannabis that has undergone a process whereby the plant material has been transformed into concentrate, including, but not limited to concentrated cannabis, or an edible or topical product containing cannabis and other ingredients.

   CANNABIS RETAIL. A cannabis business that offers delivery of cannabis or cannabis products for either medical or recreational use and is operated in accordance with state and local laws and regulations, pursuant to a Type 9 cannabis license, or a cannabis license subsequently established. Cannabis delivery includes, but is not limited to, delivering cannabis directly to retail or wholesale customers or to other recipients with or without compensation and specifically excludes any on-site retail use. If retail use exists on the same site, the entire land use shall be classified as cannabis retail and subject to the provisions thereof.

   CARPORT. A roofed structure providing space for the parking or storage of motor vehicles and having at least one permanent open side.

   CHILD CARE CENTER. Child care centers consist of facilities defined in California Health and Safety Code § 1596.76, providing day care and supervision for more than 12 children less than 18 years of age for periods of less than 24 hours per day.

   CITY. The City of Antioch, California.

   CLOSE PROXIMITY. Within walking distance of a residential project.

   CLUSTER DEVELOPMENT. Two or more residential structures, attached or unattached, with large proportions of the remaining area generally left in the appearance of unbroken expanse.

   CNEL. Community Noise Equivalent Level.

   COLLECTION FACILITY. A center for the acceptance by donation, redemption, or purchase of recyclable materials or personal property from the public. Such facility does not use power-driven processing equipment, except as set forth in this chapter. COLLECTION FACILITY may include the following:

      (1)   Reverse vending machines;

      (2)   Small collection facilities which occupy an area of not more than 500 square feet and may include:

         (a)   A mobile unit;

         (b)   Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet;

         (c)   Kiosk type units which may include permanent structures; and

         (d)   Unattended containers placed for the donation of recyclable materials and/or personal property; and

      (3)   Large collection facilities which may occupy an area of more than 500 square feet and may include permanent structures.

   COMBINING DISTRICT. Any district in which the general district regulations are combined with an overlay zone for the purpose of adding additional special regulations.

   COMMERCIAL CANNABIS USE. Any commercial cannabis activity which is or may be licensed pursuant to state law including, but not limited to, cultivation, possession, distribution, laboratory testing, labeling, retail, delivery, sale, or manufacture of cannabis or cannabis products. COMMERCIAL CANNABIS USE shall not include legal cannabis activities carried out exclusively for one’s personal use that do not involve commercial activity or sales and that do not require a state license or permit.

   COMMERCIAL INFILL HOUSING. Strategic, streamlined development of high-quality medium- and high-density residential and mixed-use projects sited on vacant and/or underutilized infill sites in commercial areas of the city.

   COMMISSION. The Planning Commission of the city.

   COMMON AREA. The area within a project which is available for the common use of residents, excepting the individual yards or other private spaces within a condominium development.

   COMMUNITY CENTER. An area developed, or to be developed with any of the following public buildings or uses: offices, libraries, playgrounds, parks, assembly halls, police stations, swimming pools, and fire stations.

   COMMUNITY SUPERVISION PROGRAM. Any facility, building, structure or location, where an organization, whether private, public, institutions of education, not for-profit, or for-profit, provide re-entry services to previously incarcerated persons or persons who are attending programs in-lieu of incarceration including, but not limited to: employment support and placement services, short and long term housing access including residential facilities not licensed by the State of California, peer and mentoring services, and resource centers. Included in this definition are services provided to individuals on probation or parole.

   COMPUTER GAMING AND INTERNET ACCESS BUSINESS. An establishment that provides computers or other electronic devices for access to the world wide web, internet, e-mail, video games, or computer software programs which operate alone or are networked (via LAN, WAN or otherwise) or which function as a client/server program, and which seeks compensation, in any form, from users. COMPUTER GAMING AND INTERNET ACCESS BUSINESS is synonymous with a personal computer (“PC”) café, internet café, cyber café, sweepstakes gaming facilities, business center, internet sales business, and internet center, but does not include a public use or internet learning center as defined herein.

   CONDOMINIUM. An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property, together with a separate interest in space in a residential building, such as an apartment. A condominium may include, in addition, a separate interest in other portions of such project.

   CONDO CONVERSION. The change in a development's status from existing multiple-family rental housing units to condominiums, row houses, townhouses, or stock cooperatives. This term applies to commercial and industrial properties as well where ownership of ground or airspace rights are involved.

   CONTOUR INTERVAL. The difference in elevation between adjacent contour lines on a topographic or planimetric map.

   CONVALESCENT AND EXTENDED CARE FACILITIES. The generic name for facilities providing long-term nursing, dietary, and other medical services to convalescents or invalids in an institutional setting, with 24-hour medical supervision but not providing surgery or primary treatment such as are customarily provided in a hospital. These facilities include the following types:

      (1)   Nursing facility, nursing home. The generic name for an establishment licensed as a skilled nursing facility by the California State Department of Health Services providing 24-hour medical, convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves, including but not limited to, rest homes and convalescent hospitals, but not community care facilities, senior congregate housing or hospitals as defined in this chapter.

      (2)   Continuing care, life care home. Facility licensed by the state to provide skilled nursing as well as lesser levels of assistance and custodial care for residents who do not want to move as their need for increased care develops.

   CONVENIENCE STORE. An establishment with a sales area of 5,000 square feet or less which sells primarily food, household, and personal convenience items.

   CORRECTIONAL FACILITY. A facility owned and/or operated by an individual, a for-profit, or not-for-profit entity used for housing or provision of services for persons who are either: (1) serving a sentence from a federal, state or county court and are under restraint, supervision, or security; or (2) have served a sentence of have been released from a federal, state or county prison or jail and are living under government supervision by a government funded program. This definition shall include, but not be limited to prisons, jails, reformatories, detention centers, correction centers, re-entry centers, halfway houses, and prerelease centers.

   CC&R's. Covenants, conditions, and restrictions as recorded as a deed restriction running with the land and binding upon subsequent owners of the property.

   COVERAGE. See “building coverage.”

   COVERED PATIO. See “patio, covered.”

   CROP AND TREE FARMING. The raising of, but not the sale of, any form of vegetation for profit.

   DAY CARE CENTER. See also “family day care home.” Includes child care centers and facilities for the care and supervision of seniors for periods of less than 24 hours per day.

   DEVELOPER. The owner or subdivider of real property with a controlling proprietary interest in the proposed project.

   DEVELOPED PROPERTY. Any parcel on which exists a legally built structure and/or structures.

   DISABILITY, PERSON WITH. An individual who has a physical or mental impairment that substantially limits one or more of the major life activities of individuals, and there is a record of such an impairment or the individual is regarded as having such an impairment. It is the intent of this definition to substantially comply with the term DISABILITY as defined by the Federal Americans with Disabilities Act of 1990, as may be amended from time to time.

   DISPOSAL. The discarding of waste as a final action after use has been achieved or a use is no longer intended.

   DISTRICT. A portion of the city within which certain uses of land and buildings are permitted or prohibited and within which certain yards and other open spaces are required and certain height limits are established for buildings, all as set forth and specified in this zoning code.

   D.U. Dwelling unit.

   DWELLING. A building or portion thereof designed and used exclusively for residential occupancy, with exception of permitted home occupations, including one-family, two-family, and multiple dwellings, but not including hotels, boarding or rooming houses.

   DWELLING, MULTIPLE-FAMILY. Three or more dwelling units contained within a single building or within two or more buildings on a site or lot. Types of multiple-unit dwellings include garden apartments, senior housing developments, multi-story apartment buildings, and condominiums. They may include side-by-side units separated by common vertical walls that are configured as townhouses or row houses.

   DWELLING, SINGLE-FAMILY ATTACHED. A dwelling unit that is designed for occupancy by one household located on a separate lot from any other unit (except an accessory dwelling unit, where permitted), and attached through common vertical walls to one or more dwellings on abutting lots. Two attached single-unit dwellings may be configured as TOWNHOUSES or ROW HOUSES.

   DWELLING, SINGLE-FAMILY DETACHED. A dwelling unit that is designed for occupancy by one household, located on a separate lot from any other dwelling unit (except an accessory dwelling unit, where permitted), and not attached to another dwelling unit on an abutting lot. This classification includes individual manufactured housing units installed on a foundation system pursuant to Cal. Health and Safety Code § 18551.

   DWELLING, TWO-FAMILY OR DUPLEX. A single building on a separate lot that contains two dwelling units or two single-unit dwellings located on a single lot. This use is distinguished from an accessory dwelling unit, which is an accessory residential unit as defined by state law and this section.

   DWELLING UNIT. A room or a suite of interconnecting rooms used for sleeping, eating, cooking, and sanitation, designed or occupied for use as a separate quarters on a permanent basis for no more than one family. Each unit shall have no more than one kitchen.

   EFFICIENCY KITCHEN. A kitchen that includes each of the following:

      (1)   A cooking facility with appliances.

      (2)   A food preparation counter or counters that total at least 15 square feet in area.

      (3)   Food storage cabinets that total at least 30 square feet of shelf space.

   ELDERLY HOUSING. See “senior housing.”

   ELECTRONIC GAME. See “mechanical or electronic game.”

   EMERGENCY RESPONSE PLAN. An outline of the equipment to be used and the steps to be taken in response to an actual or suspected migration of hazardous waste and the responsibilities entrusted to the individuals responding to such an event. If applicable, a Hazardous Materials Management Plan's emergency response section may fulfill this requirement.

   EMERGENCY SHELTER. A temporary, short-term residence providing housing with minimal support service for homeless families or individual persons where occupancy is limited to six months or less, as defined in Cal. Health and Safety Code § 50801. Medical assistance, counseling, and meals may be provided.

   FAMILY. One or more persons occupying a premises and living as a single housekeeping unit, as distinguished from a group occupying a hotel, club, fraternity, or sorority house. Also referred to as a “household.”

   FAMILY DAY CARE HOME (LARGE). A dwelling which provides licensed care, protection and supervision for 9 to 14 children, including children under the age of 10 who reside at the home, for periods of less than 24 hours per day.

   FAMILY DAY CARE HOME (SMALL). A dwelling which provides licensed care, protection and supervision for eight or fewer children, including children under the age of 10 who reside at the home, for periods of less than 24 hours per day.

   FAMILY FOSTER CARE HOME. The occupancy of a single-unit by six or fewer foster children living with foster parents, whose care they have been placed, and other family members.

   FOCUSED PLANNING AREA; FOCUS AREA. Any one of the areas designated by the Antioch General Plan for focused policy analysis, providing policy direction that is specific to each area, including appropriate land use types and development intensity, based upon the particular opportunities and constraints affecting each area.

   FOMENTATION. A hot moist substance applied to the body to ease pain.

   FRONTAGE. See “street frontage.”

   FULL BLOCK. A minimum 200' X 300' (138 acres) city block separated on all four sides by public rights-of-way.

   GARAGE, PRIVATE RESIDENTIAL. A completely enclosed space for the parking of two vehicles.

   GARAGE, PARKING. See “parking structure.”

   GARAGE SALE. The sale of predominantly used personal property from a residence occurring as an accessory use of a residential property for a period of no more than three consecutive days and no more than three times in a calendar year. The sale of unused property, or occurrences lasting longer than three consecutive days or occurring more than three times in a calendar year constitutes RETAIL, GENERAL AND SPECIALTY.

   GROCERY STORE. A full service food sales operation other than a convenience store.

   GROSS DEVELOPABLE ACRE. See “acre, gross developable.”

   GROUP HOUSING. A facility that provides shared living quarters with or without separate kitchen or bathroom facilities for each room or unit, which are used or rented to the public as sleeping rooms for occupancy for a period of more than 30 days including rooming and boarding houses, dormitories, private residential clubs, residential hotels intended for long-term occupancy, halfway houses, board and care homes, clean and sober homes, residential care facilities and similar accommodations. Group housing includes both unlicenced facilities and those licensed or supervised by a federal or state agency. It does not include bed and breakfasts, hotel and motels, and other facilities that provide overnight accommodation for payment for periods of 30 consecutive calendar days or less, or small residential care facilities.

   GYMNASIUM. Facilities designed for indoor basketball, gymnastics, volleyball, and other indoor sports use, with or without provisions for spectators seating.

   HAZARDOUS MATERIAL. A substance or combination of substances which, because of quantity, concentration, or physical, chemical or infectious characteristics, may:

      (1)   Cause, or significantly contribute to an increase in mortality or in a serious irreversible, or incapacitating reversible, illness; or

      (2)   Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

   HAZARDOUS MATERIAL CARRIER ROUTE. A street within the city designated for use by the Police, Planning, and Public Works Departments and shown on the hazardous materials carrier route map. Routes shall ideally connect hazardous material facilities with the highway in as short a distance as possible while avoiding passage through residential areas.

   HAZARDOUS MATERIAL FACILITY. Any operation which stores, generates, treats, disposes of, or otherwise uses and/or processes hazardous materials. Large facilities shall be identified as those which generate at least 1,000 kilograms of hazardous waste per month (i.e. approximately 2,200 pounds of solid or 275 gallons of liquid waste per month). Small facilities shall be those which generate less than these amounts in waste (e.g. service stations).

   HAZARDOUS MATERIAL GENERATOR. A facility that creates hazardous materials and/or wastes. A large generator shall be identified as one which produces at least 1,000 kilograms of hazardous waste per month (i.e. approximately 2,200 pounds of solid or 275 gallons of liquid waste per month). Small generators shall be those which produce less that these amounts (e.g., service stations).

   HAZARDOUS MATERIALS MANAGEMENT PLAN. A written overview of any operations and processes involving hazardous materials in an applicable facility as specified by Article 80, Subsections 80.103 (d) and (e) of the Uniform Fire Code. Such plans shall contain site-specific information to include handling activities, chemical compatibility and separation controls, monitoring, security, emergency procedures, and employee training.

   HAZARDOUS MATERIAL PROCESSING. The recycling, stabilization, or other treatment of a hazardous waste to produce a material that can be reused or disposed or the collection of waste for future reuse or disposal.

   HAZARDOUS MATERIAL PROCESSOR. A facility established to treat for reuse or disposal, hazardous wastes produced by one or more off-site generators.

   HEALTH CLUB. Establishments featuring exercise and other active physical fitness conditioning and training, whether on a membership basis or not.

   HEALTH RISK ASSESSMENT. An analysis of the increased risks that people, living or working near a proposed project, may experience related to the operation of the proposed project. The assessment shall include characterization of the toxic substances emitted, the transport and fate of those substances in the environment, the population exposed to those substances and their potential health effects, and the increased risk to health resulting from that exposure.

   HEIGHT. See “building height.”

   HOME FOR AGED. See "family care home."

   HOME OCCUPATION. Occupation engaged in solely by the occupant of a dwelling unit which is conducted entirely within a portion of the principal dwelling unit in a residential district and is incidental to the principal residential use of a lot or site consistent with the provisions of this chapter.

   HOSPICE. A facility that provides 24-hour non-medical care for terminally ill persons.

   HOSPITAL. An institution providing physical or mental health services, in-patient or overnight accommodations, and medical or surgical care of the sick or injured including full-time medical supervision which is approved by the American Hospital Association and licensed by the state.

   HOTEL. Any building, or portion thereof, containing six or more guest rooms which are occupied or are intended to be occupied by six or more individuals for compensation, whether the compensation shall be paid directly or indirectly. HOTEL may also be referred to as a “motel” when such operation chiefly caters to guests arriving in their own motorized transport.

   HOUSEHOLD HAZARDOUS WASTE. Those hazardous materials typically generated in small quantities at home, such as paints, motor oil, pesticides, and cleaning materials.

   HOUSEHOLD. See “family.” One or more persons, whether or not related by blood, marriage or adoption, living together in a single dwelling unit in a living arrangement usually characterized by sharing living expenses, such as rent or mortgage payments, food costs and utilities with common access to and common use of all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit and share responsibilities such as meals, chores, expenses, and maintenance of the premises according to a household plan or similar agreement. If all or part of the dwelling unit is rented, lessees jointly occupy the unit under a single written or oral agreement, whether for monetary or non-monetary consideration. Excludes larger institutional group living situations such as dormitories, fraternities, sororities, monasteries, convents, and commercial group living arrangements such as congregate housing, boarding and rooming houses.

   HOUSEHOLD, EXTREMELY LOW INCOME. Persons and households whose income does not exceed 30% of the area median income, adjusted for household size and revised annually.

   HOUSEHOLD, LOW INCOME. Persons and households whose income does not exceed 80% of the area median income, adjusted for household size and revised annually.

   HOUSEHOLD, MODERATE INCOME. Persons and households whose income does not exceed 120% of the area median income, adjusted for household size and revised annually.

   HOUSEHOLD, VERY LOW INCOME. Persons and households whose income does not exceed 50% of the area median income, adjusted for household size and revised annually.

   HOUSING, MEDICAL-RELATED. A residential project designed to provide short and/or long-term care to persons requiring medical assistance.

   INFILL SITE. See BUILDING SITE, INFILL .

   I.T.E. Institute of Transportation Engineers.

   JUNIOR ACCESSORY DWELLING UNIT (JADU). A residential unit that satisfies all of the following:

      (1)   Is no more than 500 square feet in size.

      (2)   Is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.

      (3)   Includes its own separate sanitation facilities, or shares sanitation facilities with the existing or proposed single-family structure.

      (4)   If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.

      (5)   Includes an efficiency kitchen.

   JUNK YARD. An outdoor space used exclusively for the storage or sale of secondhand and used machinery and scrap iron, including auto-mobiles, tools, implements or parts or portions thereof, and any and all secondhand used furniture or other personal property, other than livestock, or part or portions thereof.

   KITCHEN. Any room or space within a building designed to be used or maintained for the cooking and/or preparation of food. KITCHENS shall contain at least 15 square feet of food preparation counter space, 30 square feet of food storage space, a sink, a refrigerator, and either a cooktop and oven or a range.

   LIQUOR, ON-SALE. The sale of alcoholic beverages for consumption at the point of sale. This category shall include any facility, inclusive or a portion thereof, which is utilized for special event functions wherein alcoholic beverages are sold or given away on the premises for consumption on the premises.

   LIQUOR, OFF-SALE. The sale of alcoholic beverages in original, unopened packages for consumption off the premises.

   LOADING SPACE. An accessible and usable space for the loading or unloading of goods.

   LOT. A site or parcel of land under single or joint ownership that has been legally subdivided, resubdivided, or combined or as otherwise permitted by law to be used, developed or built upon as a unit (see Figure 1).

   LOT, CORNER. A site bounded by two or more adjacent right-of-way lines that have an angle of intersection of not more than 135°. The front yard of a corner lot shall adjoin the shortest street property line. In cases where street property lines are sub-stantially the same length, the Zoning Administrator shall determine the location of the front yard.

   LOT DEPTH. The minimum horizontal distance from the front lot line to the rear lot line.

   FIGURE OF LOT TYPES

   LOT, DOUBLE-FRONTAGE. An interior lot having frontage on more than one street. Each frontage from which access is permitted shall be deemed a front lot line. Also referred to as a “through lot.”

   LOT, KEY. A lot to the rear of a corner lot having a side line collinear with the rear line of the corner lot. Also referred to as a “reversed frontage lot.”

   LOT OR PROPERTY LINE, FRONT. A lot line opposite and most distant from the rear lot line, which is parallel or approximately parallel to the rear lot line.

   LOT OR PROPERTY LINE, REAR. A lot line opposite and most distant from the front lot line, which is parallel or approximately parallel to the front lot line. Where no lot line is within 45° of being parallel to the front lot line, a line 10 feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, shall be deemed the rear lot line for the purpose of measuring rear yard depth.

   LOT OR PROPERTY LINE, SIDE. Any lot line that is not a front lot line or a rear lot line.

   LOT OR PROPERTY LINE, STREET. A lot line abutting a street.

   LOT, REVERSED FRONTAGE. See “lot, key.”

   LOT, THROUGH. See “lot, double-frontage.”

   LOT WIDTH. The minimum horizontal distance between the side lot lines when measured at right angles to the lot depth. In the case of cul-de-sac lots, lot width shall be measured at the front yard building setback.

   LOW BARRIER NAVIGATION CENTER. As defined by Government Code Section 65660, which may be updated from time to time: a housing first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. See § 9-5.904 Low Barrier Navigation Center.

   MAJOR TRANSIT STOP. Consistent with Cal. Public Resources Code § 21064.3, a site containing any of the following:

      (1)   An existing rail or bus rapid transit station.

      (2)   A ferry terminal served by either a bus or rail transit service.

      (3)   The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.

   MANUFACTURED HOME. A prefabricated or factory-built structure certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 that is attached to a permanent foundation and is used as a dwelling unit. A MANUFACTURED HOME is also commonly referred to as a “mobile home” or “modular home.”

   MANUFACTURED, MODULAR HOME. Residential dwelling units where individual components or the entire dwelling unit are manufactured and assembled offsite from the location where the dwelling unit is to be placed. Manufactured and modular homes are distinguished from "mobile homes" in that they are not provided with axles and wheels for transport, and are attached to a permanent foundation.

   MANUFACTURING, HEAVY. Industrial uses, such as the manufacturing or processing or chemicals, cement or rubber products, stockyards, steel mills, or distilleries that generally create nuisances that make them incompatible with most other land uses. These nuisances may be in the form of air pollutants, excessive noise, traffic, glare or vibrations, noxious odors, danger of explosion, or unsightly appearance.

   MANUFACTURING, LIGHT. Industrial uses that generally do not have offensive characteristics and can typically be conducted entirely within enclosed buildings. These may include industrial processes such as printing, the manufacturing of products from component parts, food packaging, or warehousing.

   MASSAGE PARLOR. A licensed establishment where, for any form of consideration or gratuity, massages, alcohol rubs, administration of fomentations, electric or magnetic treatment, or any other treatments or manipulations of the human body may occur.

   MECHANICAL OR ELECTRONIC GAME. Any machine, apparatus, contrivance, appliance, or device which may be operated or played upon the placing or depositing therein of any coin, check, slug, ball, or any other article or device, or by paying therefor either in advance of or after use, involving in its use either skill or chance, including, but not limited to, a tape machine, pinball machine, bowling game machine, shuffleboard machine, marble game machine, horse racing machine, basketball game machine, baseball game machine, football game machine, electronic video game, or any other similar machine or device.

   MIXED USE DEVELOPMENT. A mixed-use development shall consist of two or more primary land use components such as residential-retail business, residential-offices, and the like, and which are harmoniously grouped into a visually compatible and functional land use arrangement not otherwise permitted under a single residential, business, or office zoning district; and where the arrangement of buildings and uses are appropriately related to the internal and external circulation system including both vehicular and pedestrian ways, transit rail stations, and a system of common open spaces including recreational facilities. Mixed uses may occur in either the same building (vertical mixed use) or on adjoining buildings on the same site (horizontal mixed use).

   MOBILE HOME. See also “manufactured modular home.” A detached dwelling unit transportable in one or more sections via attached axles and wheels to be used with or without a permanent foundation system, and does not include recreational vehicles. Mobile home, as used herein, is further defined in § 18211 of the Health and Safety Code.

   MOBILE RECYCLING UNIT. An automobile, truck, trailer, or van, licensed by the State Department of Motor Vehicles, which is used for the collection of recyclable materials and the bins, boxes, or containers transported by trucks, vans, or trailers which are used for the collection of recyclable materials.

   MOBILE HOME SALES OFFICE. A temporary use of a single-family dwelling for the display and sales of dwellings in a subdivision.

   MODEL STUDIO. Any business where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity.

   MODULAR HOME. See “manufactured home.”

   MOTEL. See “hotel.”

   MOTOR VEHICLE. Any automobile, truck, trailer, recreational vehicle, or other vehicle or equipment that is required to be registered with the California Department of Motor Vehicles.

   N.A. Not applicable.

   NATURAL STATE. All land and water that remains undeveloped and undisturbed. The grading, excavating or filling of land, and/or the construction of roadways, driveways, parking areas, and structures shall be prohibited in areas so designated. Incidental minor grading for equestrian, bicycling, or pedestrian trails, picnic areas, and planting and landscaping which is in addition to and enhances the natural environment may be permitted.

   NON-ATTAINMENT AREA. An area where ambient air levels of pollutants exceed federal or state standards.

   NONCONFORMING USE OF LAND. A use which does not conform to the regulations for the district in which such use is situated.

   NONCONFORMING BUILDING. A building which does not meet the development standards contained within this chapter.

   OFFICE. An interior space used by a tenant such as an accountant, architect, attorney, chiro-practor, civil engineer, surveyor, draftsman, collection agency, dentist, doctor, insurance agent, private detective, real estate agent, social worker, or similar individual or group.

   OPEN SPACE. See USABLE OPEN SPACE .

   OPERATIONAL BUS TRANSFER STATION. A station where passengers regularly disembark from a bus in order to transfer to another bus on the same or different route, or to commuter rail serving the same station.

   OPERATIONAL TRANSIT RAIL STATION. A station where heavy or light rail trains stop for the loading or unloading of passengers, including transfers from rail to bus transit.

   OPERATOR. One who conducts a given business or activity. Also may refer to any owner or lessee of mechanical or electronic games, who installs or maintains such games in any place of business which is neither his own nor under his direct control.

   PARAPHERNALIA. Shall have the definition set forth in Cal. Health and Safety Code § 11014.5, as that section may be amended from time to time.

   PARCEL ASSEMBLY. The combining of a minimum three lots into one project at the time project plans are prepared.

   PARCEL, LARGE. A minimum three acre lot.

   PARKING LOT. An off-street, ground floor area, surfaced and improved, for the temporary storage of motor vehicles.

   PARKING SPACE. A space for the parking of a motor vehicle within a public or private parking area.

   PARKING STRUCTURE. A building, or portion thereof, used for the temporary parking and storage of vehicles, generally for the general public's use.

   PATIO, COVERED. A covered area without walls, screens, or windows on two or more sides.

   PERSON. Any corporation, association, syndicate, joint stock company, partnership, club, society, or individual.

   PRESCHOOL. A facility for three- and four-year olds wherein developmentally appropriate instructional activities prior to kindergarten are conducted.

   PROCESSING RECYCLING FACILITY. A building or enclosed space used for the collection and processing of recyclable materials. Processing shall mean the preparation of material for efficient shipment, or to an end-user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing. PROCESSING FACILITY includes the following:

      (1)   A light processing facility occupies an area of under 45,000 square feet of gross collection, processing, and storage area and has up to an average of two outbound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding, and sorting of source-separated recyclable materials and repairing of reusable 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.

      (2)   A heavy processing facility is any processing facility other than a light processing facility.

   PROJECT. Any entitlement required by the zoning code. For condominium conversion purposes, a project shall encompass the entire parcel of real property divided or to be divided into condominiums, including all structures thereon.

   PROPRIETOR. The owner of a given business or activity. Also, may refer to any person in whose place of business a mechanical or electronic game is placed for the use, amusement, patronage, or recreation of the public or of persons in or about such place.

   PUBLIC USE OR INTERNET LEARNING BUSINESS. An establishment that provides computer access which is operated by the city, a school district, a library, a college district, or a private institution of learning which provides classes in computer instruction and does not receive compensation in any form other than school tuition or a non-profit organization that provides computer access as part of a free or low cost bona-fide training or educational program.

   RECREATIONAL VEHICLE. A personal vehicle, including but not limited to, a camping trailer, motorhome, tent trailer, fifth-wheel trailer, unmounted camper shell, boat, personal watercraft, utility trailer, or other mobile recreational equipment or watercraft, or any empty trailer intended for or capable of carrying any of the above.

   RECREATIONAL VEHICLE PARK. Land or premises used or intended to be used, let, or rented for occupancy by one or more trailers or movable dwellings, rooms, or sleeping quarters.

   RECYCLABLE MATERIALS. Reusable materials, including, but not limited to, metal, glass, plastic, and paper, which are intended for reuse, remanufacture, or reconstitution for the use of the altered form. RECYCLABLE MATERIALS shall not include refuse or hazardous materials and may include used motor oil collected and transported for its recycling.

   RECYCLING FACILITY. A center for the collection and/or processing of recyclable materials. A certified recycling facility or certified processor shall mean a recycling facility certified by the State Department of Conservation as meeting the require-ments of the California Beverage Container Recycling and Litter Reduction Act of 1986. RECYCLING FACILITY shall not include storage containers or processing activities located on the premises of a residential, commercial, or manufacturing use and used solely for the recycling of material generated by such residential property, business, or manufacturer. RECYCLING FACILITY may include collection facilities, processing facilities, reverse vending machines, and mobile recycling units.

   REGULAR DEVELOPMENT APPLICATION. Any development application (such as for a planned development, use permit, subdivision and/or design review) requiring discretionary approvals of any of the following decision-making bodies: Zoning Administrator, Design Review Board, Planning Commission and/or City Council.

   RELIGIOUS INSTITUTION. An organization owned, controlled, and operated and maintained by a bona fide church, religious denomination, or religious organization composed of multi-denominational members of the same well-recognized religion, lawfully operating as a nonprofit religious corporation pursuant to Part 5 (commencing with Section 9110), or as a corporation sole pursuant to Part 6 (commencing with Section 10000), of Division 2 of Title 1 of the California Corporations Code.

   REPAIR SERVICE. A business which specializes in the installation or repair of a given product other than automobiles or appliances (e.g., plumber, electrician). These uses shall generally have little or no outside storage needs.

   RESEARCH AND DEVELOPMENT. Uses engaged in the research, analysis, design, develop-ment and/or testing of a product.

   RESIDENTIAL CARE FACILITY. A facility licensed by the state and providing permanent living accommodations and 24-hour primarily non-medical care and supervision for persons in need of personal services, supervision, protection, or assistance sustaining the activities of daily living. Living accommodations are shared living quarters with or without separate kitchen or bathroom facilities for each room or unit. This classification includes group homes for minors and for persons with disabilities and people in recovery from alcohol or drug addictions.

   RESIDENTIAL (CONGREGATE CARE FACILITY). A building, other than a hotel, boardinghouse, or rooming house, providing living quarters without kitchens for individuals not less than 55 years of age or couples, one spouse of which is not less that 55 years of age, where meals for residents and their guests are provided from a common kitchen and served in a common dining area, where a lobby, parlor, or other public room is provided, and with quarters or apartments for staff members, and recreation facilities, convalescent care facilities, and public rooms for the general use of residents and their guests, together with such yards or open spaces and other facilities as may be required by this chapter.

   RESIDENTIAL CONVALESCENT FACILITY. A state licensed institution providing room, board, and professional nursing care or other personal services to convalescents, invalids, or aged persons, but not including surgery or the care of persons with contagious or communicable diseases, and where at least one licensed professional nurse is on duty at all times.

   RESIDENTIAL HOTEL. A building that is residential hotel as defined in Cal. Health and Safety Code § 50519(b)(1) that provides six or more guestrooms or efficiency units that are intended or designed to be used, or which are used or rented to the public as sleeping rooms for occupancy for a period of more than 30 days as the primary residence of those occupants. Rooms may have partial kitchen or bathroom facilities. This classification does not include hotels and other transient accommodations that are occupied primarily by guests who maintain a primary residence elsewhere and does not include residential facilities licensed by the state.

   RESIDENTIAL-INDEPENDENT LIVING. A building providing individual living quarters with kitchens for individuals not less than 55 years of age.

   RESIDUALS REPOSITORY. A hazardous waste disposal facility.

   RESTAURANT, FAST FOOD. A relatively high-volume restaurant typically providing seating and drive-through facilities and serving take-out food such as hamburgers, tacos or chicken, generally in disposable containers.

   RESTAURANT. Any public eating place wherein the primary business is the preparation and consumption of food and beverages by its patrons within the designed facility or structure.

   RESTAURANT, TAKE-OUT. Primarily a low-volume restaurant serving specialty food items such as ice cream, pizza, donuts or deli sandwiches. The majority of business in this type of restaurant is take-out, and only secondary seating facilities are present.

   RETAIL, GENERAL AND SPECIALTY. The sale of general merchandise from a fixed location to the general public.

   REVERSE VENDING MACHINE. An automated mechanical device which accepts at least one or more types of empty beverage containers, including, but not limited to, aluminum cans and glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by the state. A REVERSE VENDING MACHINE is up to 50 square feet in size and may sort and process containers mechanically provided the entire process is enclosed within the machine. In order to accept and temporarily store all container types in a proportion commensurate with the relative redemption rates, and to meet the requirements of certification as a recycling facility, the multiple grouping of reverse vending machines may be necessary. A BULK REVERSE VENDING MACHINE is a reverse vending machine which is greater than 50 square feet in size, is designed to accept more than one container at a time, and will pay by weight instead of by container.

   RIDGE. A connected series of major and/or minor hills.

   RIDGELINE. A ground line located at the highest elevation of the ridge, running parallel to the long axis of the ridge.

   RIGHT-OF-WAY LINE. Any lot line which borders a public right-of-way.

   SATELLITE TELEVISION ANTENNA. An antenna which receives television or radio signals from orbiting satellites.

   SCHOOL. Any educational institution, public or private, secular or parochial, which offers instruction at the high school level or below.

   SEAT. An area featuring 18 lineal inches of seating space when seats are arranged in rows or pews.

   SECURED PARKING ON-SITE. A parking area enclosed by a wall, fence, or building face that allows access only by residents, tenants, or their assignees, preferably through a controlled gate mechanism.

   SENIOR CITIZEN. A person at least 62 years of age. A person 55 years of age may also be considered a SENIOR CITIZEN if, for the purposes of State Density Bonus Law, the senior housing project consists of at least 35 units.

   SENIOR GROUP HOUSING. The generic name for any living arrangement with groups of elders living together whereby a senior pays a fee to share common amenities, such as the grounds and dining and recreational facilities, and to have essential eldercare services available nearby. SENIOR GROUP HOUSING includes the following types, but does not include "care facilities."

      (1)   Alternate Care Facility. A licensed residence other than a skilled nursing facility where care services are delivered, such as hospice, assisted care or Alzheimer's facilities.

      (2)   Assisted Living Facilities. In general, a state-licensed program offered at a residential community with services that include meals, laundry, housekeeping, medication reminders, and assistance with activities of daily living. May also provide assistance to seniors in their daily personal routines such as bathing assistance, meals served in their rooms, medication monitoring, and help with walking and dressing.

      (3)   Board and Care Home. Group living arrangements designed to meet the needs of people who cannot live independently, but do not require nursing home services. Most provide help with some of the activities of daily living.

      (4)   Congregate Care. Multi-unit senior housing development that provides supportive services such as meals in a central dining area, housekeeping, social activities, and transportation.

      (5)   Continuing Care Retirement Community. Multi-unit senior housing development that may provide supportive services such as meals, housekeeping, social activities, and transportation, depending on level of need. Typically the housing development will consist of senior apartments, an assisted living facility, and sometimes a memory care unit or skilled nursing facility to allow the "resident" to remain in the community as their care needs change.

   SENIOR HOUSING. A residential project designed and/or reserved for use by senior citizens.

   SENSITIVE USE.

      (1)   Any school providing instruction in kindergarten or any grades 1 through 12;

      (2)   A day care center which is a child day care facility other than family day care home and includes infant centers, preschools, extended day care facilities, school age child care centers and child care centers licensed pursuant to Cal. Health & Safety Code § 1596.951;

      (3)   Youth center which is any public or private facility that is primarily used to host recreational or social activities for minors including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities;

      (4)   Any public park owned or operated by the city; or

      (5)   Any property located within the city's boundaries and occupied by a city residential land use or designated by the city as residential in the city's general plan or zoning ordinance.

   SERVICE STATION. A place of business where gasoline or any highly volatile fuels for motor vehicles or internal combustion engines are sold at retail and dispensed into the fuel tanks of such motor vehicles. SERVICE STATIONS shall only include the supply of goods, services, and driver conveniences generally required in the operation and maintenance of automotive vehicles, such as the sales and servicing of tires (except recapping), batteries, automotive accessories, and replacement items, washing and lubrication services, and the performance of minor automotive maintenance and repairs. SERVICE STATIONS may also include a food mart for the retail sales of food, drinks, or similar convenience items, provided that all the requirements set forth in this chapter are met.

   SETBACK. The horizontal distance from the outside edge of a yard to a structure. If measured from a public street from the lot or property line.

   SHOPPING CENTER. A row or rows of stores totalling at least 1,000 feet in length.

   SIGNS. This term shall be defined as follows:

      (1)    ACCESSORY SIGN. A sign which, separately from a business identification sign, announces or advertises a product, commodity, or service incidentally offered or provided on the premises. ACCESSORY SIGN shall also include a sign announcing or advertising a rating or special status of the business conducted upon the premises.

      (2)    ADVERTISING SIGN. A sign which directs attention to a business, profession, commodity, service, or entertainment which is conducted, sold, or offered at a location other than on the same lot or parcel upon which the sign is located.

      (3)    ADVERTISING SIGN. A structure of any kind erected or maintained for outdoor advertising.

      (4)    AWNING SIGN. Any sign attached to or painted on an awning.

      (5)    BANNER or PENNANT SIGN. Any display of up to three signs which are painted or printed on a lightweight flexible material and hung from a staff or other device by ropes, wire, or similar means.

      (6)    BILLBOARD. Any sign or sign structure not advertising a use on the property upon which it is located.

      (7)    BUSINESS IDENTIFICATION SIGN. A sign which identifies, announces, endorses, or provides directions or other necessary information about the principal business, industry, profession, product, service, or entertainment conducted or offered upon the lot or parcel where the sign is located.

      (8)    CIVIC SIGN. A sign which identifies or states the location of, describes the services available or performed upon, describes the function of and the activities conducted upon, or states the conditions or uses of premises or facilities used, maintained, or owned by a governmental entity, educational institution, society or association, religious society or association, church, recreation society, or association, medical institution, group or society, or public utility.

      (9)    DEVELOPMENT SIGN. A sign of a temporary nature which announces the anticipated sale, lease, or rental or the character of facilities being constructed or altered or which identifies persons or firms engaged in the promotion, design, construction, or alteration thereof.

      (10)    DIRECTIONAL SIGN. A sign which directs, facilitates, or controls the movement of pedestrians or vehicles. DIRECTIONAL SIGN shall also include a sign which identifies by name or symbol the entrance to some form of development complex.

      (11)    DISPLAY AREA. For wall, marquee, and awning signs, the DISPLAY AREA is the area of the smallest geometric figure enclosing the outer limits of the writing, representation, emblem, or similar form of communication. For freestanding, roof, projecting, and banner or pennant signs, the DISPLAY AREA is the entire sign, exclusive of uprights or other structural members, except that where a freestanding, roof, or projecting sign has two faces back to back which are approximately in parallel planes not more than 30 inches apart, and exactly identical in size, the DISPLAY AREA is the area of one face only. Where such signs have multiple sides or faces, including signs in the form of byliners, spheres, or other types of three dimensional figures, the entire surface is the DISPLAY AREA.

      (12)    FIXED ILLUMINATION SIGN. Any sign illuminated by means of electricity, luminous tubes, gas flames, or similar sources when the illumination is maintained constant in the intensity, color, and pattern during all periods of illumination.

      (13)    FLASHING ILLUMINATION SIGN. Any sign illuminated by means of electricity, luminous tubes, gas flames, or similar sources when such illumination is not maintained constant in intensity, color pattern during all periods of illumination.

      (14)    FREESTANDING SIGN. Any sign standing directly on the ground or attached to any support other than a building, whether or not the principal purpose of such support is to display the sign, or any sign affixed to a freestanding canopy when such canopy has a roof area of less than 200 square feet.

      (15)    GROUND SIGN. Any freestanding sign with a maximum height of eight feet.

      (16)    MASTER SIGN PROGRAM. A coordinated plan which includes details of the size, type, placement, colors, and design of all signs which are or will be placed on the site. It is intended to ensure the compatibility of signs on a multi-tenant building or other building complex.

      (17)    MONUMENT SIGN. A monument sign is a sign which is erected with its base on the ground or on a support substantially equivalent in width and depth to the base of the sign, which incorporates into its design the design and building materials of the building and structures on the same premises that the sign serves, and which does not exceed eight feet in height.

      (18)    MOVING SIGN. Any sign in or on which any visible portion rotates or moves in any way.

      (19)    PERMANENT READER PANEL. A permanently installed, changeable copy bulletin board, whether lighted or unlighted, with detachable or replaceable precut letters and figures.

      (20)    POLITICAL SIGN. A sign which is designed to influence the action of the voters for the passage or defeat of a measure appearing on the ballot at any national, state, or local election or which is designed to influence the action of the voters for the election or defeat of a candidate for nomination or election to any public office at any national, state, or local election.

      (21)    PROJECTING SIGN. Any sign, other than a wall, roof, or marquee sign, which is supported by a building and projects outward therefrom or which is attached to the top, except for the edge, of a marquee.

      (22)    REALTY SIGN. A sign of a temporary nature which pertains to the sale, lease, rental, or display of an existing lot, building, or other property, not exceeding four square feet for residential and 12 square feet for commercial.

      (23)    RESIDENTIAL SIGN. A sign on a lot or parcel showing the name or address of the residential facility or structure located thereon and/or the name of the residents residing there.

      (24)    ROOF SIGN. A permanently installed sign totally supported by the roof structure.

      (25)    SIGN. Any writing, pictorial representation, symbol, registered trademark, flag, or any similar figure used to identify, announce, direct attention, advertise, or communicate, together with any material or color forming an integral part of the display or used to differentiate the sign from the background, which sign is located on or outside a building, is on the inside face of a display window, or is located within four feet of a display window and is visible from outside a building.

      (26)    SNIPE. An additional sign which is attached to and extends beyond the face of the parent sign.

      (27)    SUBDIVISION, OFF-SITE. A directional sign representing a subdivision located on a property other than that which the sign is located on as part of the city approved subdivision sign program.

      (28)    SUBDIVISION, ON-SITE. A sign identifying a subdivision located on the same property as the sign.

      (29)    TEMPORARY SALE SIGN. Any sign, other than a realty development sign, which announces a special sale or offering of a commodity or service produced or rendered on the premises where the sign is located and where such sale, commodity, or service is of a limited duration and the sign itself is removed at the end of such sale or offering.

      (30)    TEMPORARY SIGN. Any sign, handbill, or poster which is placed to advertise or announce a specific event, or which pertains to a particular event or occurrence, or which is not designed or intended to be placed permanently. Examples of TEMPORARY SIGNS include, but are not limited to, signs, handbills, or posters relating to garage sales, political candidates or ballot measures, concerts, “swap meets,” and the like.

      (31)    THEATER MARQUEE SIGN. An on-site sign attached to a canopy, porch, or similar covering structure, other than an awning, which projects more than 18 inches from the building to which it is attached and the purpose of which is to advertise or promote a theater use.

      (32)    UNRESTRICTED. An area with a slope not to exceed two and one-half feet difference in grade and free and clear of fireplaces, chimneys, roof overhangs, and any other obstructions which would interfere with vehicular egress and ingress.

      (33)    WALL SIGN. Any sign posted or painted on, suspended from or otherwise affixed in an essentially flat position to the wall of a building or the wall of a pylon, tower, or similar structure which may project above the roof of the building but which is structurally and architecturally a part of such building.

      (34)    WIND SIGN. A display of more than three streamers, pennants, whirligigs, or similar devices made of flexible lightweight material, strung together or attached in such a manner as to move by wind pressure.

      (35)    WINDOW SIGN. Any sign which is posted or painted on or otherwise affixed to a display window or any sign placed within four feet of a window and which is visible through a display window. Window signs of up to four square feet shall be allowed for store hours and identification purposes without deducting from the square footage allowed for the use by the provisions of this article. Any window sign or combination of window signs in excess of four square feet shall be considered in the calculation to derive the overall square footage of signs.

   SITE. See “building site.”

   STORAGE. The keeping or maintaining of goods at the same location for a period of time in excess of 72 hours.

   STORMWATER. Flow on the surface of the ground resulting from precipitation.

   STORMWATER CONTROL PLAN. A plan that meets those criteria contained in the most recent version of the Contra Costa Clean Water Program Stormwater C.3 Guidebook.

   STORMWATER MANAGEMENT FACILITY. Any device designated to detain, retain, filter, or infiltrate stormwater.

   STORMWATER SYSTEM. That system of facilities by which stormwater may be conveyed to any stream, watercourse, other body of water or wetlands, including flood control channels, any roads with drainage systems, city streets, catch basins, curbs, gutters, ditches, improved channels, storm drains or storm drain system, which are not part of Publicly Owned Treatment Works ("POTW") as that term is defined in 40 CFR Section 122.2.

   STORY. A portion of a building between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, the space between such floor and the ceiling next above it. A story also includes a basement, cellar, or unused under- floor space if the finished floor level directly above such space is more than six feet above the ground adjacent to the building for more than 50% of the total perimeter.

   STREET. Any street, alley, way, boulevard, or road, either public or private, which is used or is to be used for the ingress or egress of vehicles.

   STREET, ARTERIAL. Any street or road passing adjacent to or through a subdivision which carries the major flow of traffic and for which the traffic entering from side roads and streets may be controlled. An ARTERIAL STREET is designed to handle traffic flow to and from a collector street.

   STREET, COLLECTOR. Any street within a subdivision, or adjacent thereto, which because of its location with reference to other streets or other sources of traffic, carries or will carry traffic from local streets to arterial streets, and includes the principal entrance streets of residence developments and streets for the circulation of traffic within such developments.

   STREET FRONTAGE. The portion of a property line separating a lot or parcel from a permanently reserved thoroughfare, other than an alley which frontage affords the principal means of egress and ingress.

   STREET, LOCAL. Any street which serves local neighborhood traffic only and which, because of its location with reference to other streets, and its actual and/or anticipated traffic flow will not become a collector street. LOCAL STREETS are designed to convey traffic to and from a collector street.

   STRUCTURAL ALTERATION. Any change in the supporting members of a building, such as bearing walls, columns, beans, or girders.

   SUPPORTIVE HOUSING. As defined in Health and Safety Code § 50675.14(b) and/or Health and Safety Code § 53260(d): dwelling units with no limit on length of stay and that are linked to onsite or offsite services that assist supportive housing residents in retaining the housing, improving their health status, and maximizing their ability to live and, where possible, work in the community. SUPPORTIVE HOUSING may be provided in a multiple-unit structure or group residential facility.

   TOBACCO PRODUCT.

      (1)   A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff.

      (2)   Any device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, vaporizer pen, or hookah.

      (3)   Any component, part, or accessory of a tobacco product, whether or not sold separately. TOBACCO PRODUCT does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose.

   TRANSITIONAL HOUSING. Dwelling units with a limited length of stay that are operated under a program requiring recirculation to another program recipient at some future point in time. Transitional housing may be designated for homeless or recently homeless individuals or families transitioning to permanent housing as defined in Cal. Health and Safety Code § 50675.2(h). Facilities may be linked to onsite or offsite supportive services designed to help residents gain skills needed to live independently. Transitional housing may be provided in a variety of residential housing types (e.g. multiple-unit dwelling, single-room occupancy, group residential, single-family dwelling). This classification includes domestic violence shelters. Transitional housing does not include community reentry center or half-way housing for federal or state inmates nearing release and does not include any facility licensed as a community care facility by the California State Department of Social Services (SDSS) or defined as such in this chapter.

   TRANSIT-ORIENTED DEVELOPMENT. A mixed-use neighborhood or project, generally located within a quarter mile of a heavy and/or light rail transit stop, and/or light rail or bus transfer stations, which provides a compact form of development, is readily accessible to transit facilities, and/or is readily accessible to pedestrian or bicycle facilities.

   TREATMENT. Any method, technique, or process designed to change the physical, chemical or biological character or composition of any hazardous waste so as to neutralize it, recover energy or material resources from it, or otherwise render the waste non- or less hazardous.

   TREE. A usually tall woody plant, distinguished from a shrub by having a comparatively greater height and, characteristically, a single trunk rather than several stems. To be considered a TREE, the subject species's height at maturity should be no less than 15 feet.

      (1)    ESTABLISHED TREE. This shall be any tree which is at least 10 inches in diameter, as measured four and one half feet above natural or finished grade. ESTABLISHED TREES include mature and landmark trees as defined by this chapter.

      (2)    INDIGENOUS TREE. This shall be a naturally growing tree of the following species:

         Blue Oak (Quercus douglasii)

         Valley Oak (Quercus lobata)

         Coast Live Oak (Quercus agerifolia)

         Canyon Live Oak (Quercus chrysolepis)

         Interior Live Oak (Quercus wislizennii)

         California Buckeye (Aesculus californica)

         California Bay (Umbellularia californica)

      (3)    LANDMARK TREE. This shall be any tree which is at least 48 inches in diameter and/or in excess of 40 feet in height.

      (4)    MATURE TREE. This shall be any tree which is at least 26 inches in diameter, as measured four and one-half feet above natural grade.

      (5)    PROTECTED TREE. This shall be defined as any of the following:

         (a)   Any tree required to be preserved as a condition of an approval from a “regular development application” as defined by this section, and/or any tree that is shown to be preserved on an approved development plan as submitted by the applicant and subsequently approved by the city.

         (b)   All established indigenous trees as defined by this section.

         (c)   All street trees as defined by this section.

         (d)   All mature and landmark trees as defined by this section.

      (6)    STREET TREE. This shall be any tree planted within either the public right-of-way and/or tree planting easement, where applicable.

   TREE COMMITTEE. A committee consisting of Director of Parks, Leisure and Community Services, City Engineer, Director of Community Development and one member of the general community with documented experience in horti-culture, to be selected by the City Council. This committee shall review matters related to tree preservation.

   UNDEVELOPED PROPERTY. Any parcel or portion of a parcel that is either vacant and/or unimproved.

   USABLE OPEN SPACE. Any space that is provided on a lot that is designed and used for active or passive recreational purposes, including but not limited to such uses as outdoor seating, outdoor dining, play lots, playgrounds, swimming pools, tennis courts, bicycle tails.

   USABLE SATELLITE SIGNAL. A satellite signal which, when viewed on a conventional tele-vision set is at least equal in picture quality to that otherwise received from local commercial television stations or by way of cable television.

   USE. The purpose for which land or premises, or a building thereon, is designed, arranged, intended, occupied or maintained.

   USE, ACCESSORY. A use incidental to the principal use of a lot or of a building located on the same lot.

   USE, ASSEMBLY. Land or premises used to facilitate people coming together for a common purpose. Examples of assembly uses include religious assembly (i.e., houses of worship) and public assembly (e.g., entertainment, education).

   VACANCY RATE. The number of vacant apartment units being offered for rent or lease in the city shown as a percentage of the total number of apartment units existing or occupiable or under rental or lease agreement in the city.

   YARD. An area other than a court on the same lot as a building, which is unoccupied and unobstructed from the ground upward, such as a front yard, side yard, corner side yard or rear yard.

   YARD, FRONT. A yard extending across the narrowest portion of the lot between the side yard lines and measured from the front line of the lot to the nearest line of the building, provided, however, if any widening is planned for the street upon which the lot faces, such measurement shall be taken from the ultimate right-of-way line to the nearest line of the building.

   YARD, REAR. A yard extending across the full width of the lot and measured between the rear line of the lot and the nearest line of the main building.

   YARD, SIDE. A yard between the side or street side line of the lot and the nearest line of the building and extending from the front line of the lot to the rear yard. In the case of a street side line, if any widening is planned for the adjacent street, such measurement shall be taken from the ultimate right-of-way line to the nearest line of the building.

(Ord. 897-C-S, passed 10-25-94; Am. Ord. 930-C-S, passed 7-29-97; Am. Ord. 1062-C-S, passed 11-8-05; Am. Ord. 1064-C-S, passed 12-13-05; Am. Ord.2066-C-S, passed 5-14-13; Am. Ord. 2075-C-S, passed 11-26-13; Am. Ord. 2089-C-S, passed 6-24-14; Am. Ord. 2096-C-S, passed 2-24-15; Am. Ord. 2121-C-S, passed 1-10-17; Am. Ord. 2125-C-S, passed 8-8-17; Am. Ord. 2140-C-S, passed 3-27-18; Am. Ord. 2143-C-S, passed 6-26-18; Am. Ord. 2165-C-S, passed 4-23-19; Am. Ord. 2178-C-S, passed 1-28-20; Am. Ord. 2190-C-S, passed 8-25-20; Am. Ord. 2191-C-S, passed 10-27-20; Am. Ord. 2196-C-S, passed 6-8-21; Am. Ord. 2199-C-S, passed 10-26-21; Am. Ord. 2211-C-S, passed 4-26-22; Am. Ord. 2218-C-S, passed 8-23-22; Am. Ord. 2224-C-S, passed 2-14-23; Am. Ord. 2235-C-S, passed 11-28-2023; Am. Ord. 2237-C-S, passed 11-28-2023)