Unless the context otherwise requires, the definitions set forth in this article shall govern the construction of this chapter.
ACCESSORY DWELLING UNIT (ADU): An attached or detached residential dwelling unit which provides complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation, and is located on the same site area as the primary dwelling. An accessory dwelling unit shall not include an accessory structure lawfully constructed prior to September 26, 2003, which provides independent living facilities, provided the use of the accessory structure is restricted by a covenant as described in Section 10-3-403
or 10-3-604
of this chapter or was otherwise lawfully constructed in conformance with the applicable codes in effect at the time of construction.
ACCESSORY STRUCTURE AREA: That portion of a site area included within a front yard, side yard, street side yard or rear yard.
ACCESSORY STRUCTURE OR ACCESSORY BUILDING: A subordinate structure or building, including a private garage, a private stable, a pool house, or a detached guest suite, the use of which is incidental to that of the main building, and which is located on the same site area. Except as otherwise provided in this chapter, accessory structure or accessory building shall not include kitchen facilities.
ALLEY: A public way intersecting a block or portion of a block and designated on the master plan of streets.
ALTERNATIVE PARKING FACILITY: An off street parking facility in which vehicular storage is accomplished with mechanical parking lifts and/or automobile elevators that are operated by a valet or other driver. An alternative parking facility may also be a fully automated parking facility that uses mechanical and/or robotic systems to hoist individual vehicles from receiving areas to separate automobile storage areas without a driver.
AMBULATORY SURGICAL CARE: One or more surgical procedures performed by a licensed medical professional that do not require an overnight stay, and may be performed on an outpatient basis.
ARCHITECTURAL PROJECTIONS: Architectural features which extend beyond a setback line and do not contribute to the floor area of a residential building. Architectural projections include, but are not limited to, balconies, bay windows that do not add to the floor area of a building, columns, and beams. Architectural projections do not include stair shafts, elevator shafts, chimneys, space used for parking, or space used for housing equipment or machinery.
AUTOMOBILE ELEVATOR: An elevator used to move vehicles vertically into and between levels of a parking garage in lieu of the use of ramps.
AVERAGE ROOF HEIGHT: The average height of each noncontiguous segment of a roof.
AVERAGE SLOPE: The average slope of the site as calculated using the following formula:
I x L
S =
[Total square footage of site]
S =
[Total square footage of site]
For the purposes of this formula:
S shall mean the average slope of the site;
I shall mean the contour interval in feet as shown on a contour map of the site;
L shall mean the combined length of contour lines in scale feet on the contour map being used to calculate the contour interval.
BEDROOM: Any room, including a den or similar room, capable of being used as sleeping quarters in a customary manner.
BLOCK: That property abutting on one side of a street and lying between the two (2) nearest intersecting or intercepting streets or between the nearest intersecting or intercepting street and its own termination.
BLOCK FACE: One side of a street between two (2) consecutive intersections.
BONA FIDE HOUSEKEEPING UNIT: See definition of single housekeeping unit.
BUILDING: A structure for the support, shelter or enclosure of persons, animals, or property.
BUSINESS OR COMMERCE: A purchase, sale, or other transaction involving the handling or disposition of any article, substance, service, or commodity for profit or livelihood, or the ownership or management of office buildings, offices, recreations, or amusement enterprises.
CABARET: Any establishment that permits live dancing by performers at any time of day. The term "cabaret" shall not include a restaurant that limits dancing by performers to a single dance floor that is contiguous to the dining or bar area and that does not exceed one hundred seventy five (175) square feet or ten percent (10%) of the restaurant's total dining and bar area, whichever is less. Furthermore, in order to maintain this exemption the restaurant must also limit performers and musicians, including those musicians who accompany dancing, to the dance floor.
CENTRAL AREA OF THE CITY OF BEVERLY HILLS: That area of the City of Beverly Hills other than the Hillside Area and Trousdale Estates.
COMMON PROPERTY LINE: Any lot line that separates two (2) parcels of private property.
COMMUNITY CARE FACILITY, LARGE: Any State licensed facility, place, or structure that is maintained and operated to provide nonmedical residential care, day treatment, adult daycare, or foster agency services for seven (7) or more adults, children, or adults and children, as defined in California Health and Safety Code section 1502.
COMMUNITY CARE FACILITY, SMALL: Any State licensed facility, place, or structure that is maintained and operated to provide nonmedical residential care, day treatment, adult daycare, or foster agency services for six (6) or fewer adults, children, or adults and children, as defined in California Health and Safety Code section 1502.
CONVENIENCE STORE: Any retail business selling general food and drink products not intended for home preparation and consumption with more than half the square footage of the retail sales floor area dedicated to the sale of such foods and drinks, tobacco, magazines, toiletries, or any combination thereof. "Convenience store" does not include a retail business occupying a tenant space whose primary entrance opens into the interior of a commercial building. "Convenience store" does not include newsstands, tobacconists, specialty food stores, or retail stores containing a licensed pharmacy.
CORNER LOT: A site area located at the intersection of two (2) or more streets that intersect at an angle of not more than one hundred thirty five degrees (135°).
COSMETIC SPA: A use that is permitted pursuant to section 10-3-1620.2 of this chapter and that carries on as its principal business the service of providing exclusively on an outpatient basis, elective, cosmetic services, including beauty consultations, cosmetic and vitamin injectables, laser treatments, micro-needling, oxygen treatments, make-up applications, retail sales of skin care and cosmetic products, and similar services, that are minimally invasive, non-surgical, and non-therapeutic in nature.
Cosmetic spas shall not include beauty shops, nail salons, or spas.
DISABLED; DISABLED PERSON: A person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment, or anyone who has a record of such impairment, as those terms are defined in the fair housing laws.
DISTRICT: An entire City block, any part thereof, or two (2) or more contiguous blocks.
DRIPLINE: The area located directly under the circumference of a tree's canopy.
DRIVE-UP, DRIVE-IN OR DRIVE-THROUGH FACILITIES: Any commercial facilities in which a service is provided, or goods, food or beverages are sold, to an operator or passengers of a vehicle without the necessity of the operator or passengers disembarking from the vehicle.
DWELLING UNIT: One or more rooms designed, occupied or intended for occupancy as living quarters for one bona fide housekeeping unit.
EFFICIENCY UNIT: A dwelling unit with zero bedrooms.
EMERGENCY SHELTER: A facility that provides immediate and short term housing with minimal support services for homeless persons or families on a first come, first served basis, and that is limited to occupancy of no more than six (6) months.
EXERCISE CLUB: A membership facility, or other facility for which usage fees are charged, that includes any one of the following, alone or in combination: a) an exercise, aerobic, gymnasium, martial arts, and/or dance studio area, including, but not limited to, an exercise area designed for young children; b) weight training equipment; or c) game courts. Exercise club does not include private training centers, or any facility that is accessory to a public educational institution or accessory to a private educational institution that is included on the list of private schools prepared pursuant to California Education Code section 33190.
FAIR HOUSING LAWS: The "fair housing act" (42 USC § 3601 et seq.), the "Americans with disabilities act" (42 USC § 12101 et seq.), and the "California fair employment and housing act" 1 , as these statutes now exist or may be amended from time to time, and the implementing regulations for each of these statutes.
FAMILY: Two (2) or more persons living together as a single housekeeping unit in a single dwelling unit. Family also means the persons living together in a licensed residential facility, as that term is defined in California Health And Safety Code section 1502(a)(1) serving six (6) or fewer persons, excluding the licensee, the members of the licensee's family, and persons employed as facility staff who reside at the facility.
FAMILY DAYCARE HOME: A facility that regularly provides care, protection, and supervision for fourteen (14) or fewer children, in the provider's own home, for periods of less than twenty four (24) hours per day, while the parents or guardians are away, and is either a large family daycare home or a small family daycare home, as defined in California Health and Safety Code Section 1596.78.
FENCE: A structure with length measured horizontally in excess of twenty four inches (24") and with height and thickness designed or constructed of nongrowing materials in such a manner as to enclose property or to inhibit passage through or to obscure view.
FILL: Earth material placed by artificial means over natural grade.
FLAG LOT: A site area that is characterized by a strip of land, less than thirty six feet (36') in width, which provides access to the main portion of the site area from a street. Such strip of land shall be referred to as the "pole" of the flag lot.
FLOOR AREA:
A. Nonresidential And Multi-Family Residential Zones: "Floor area" shall mean the area of all floors or levels included within the surrounding walls of a building or structure. Space devoted only to the following shall not be considered in determining the total floor area within a building or structure:
1. Stair shafts;
2. Elevator and escalator shafts and elevator lobbies located in parking areas or on rooftops. The area of each elevator lobby at each floor not located in parking areas or on rooftops shall not exceed one hundred (100) square feet per elevator cab; provided, however, that any elevator lobby area in excess of one hundred (100) square feet per elevator cab shall be considered in determining the total floor area within a building or structure;
3. Courts;
4. Parking spaces below the first floor and access thereto, including void spaces in parking areas below the first floor used exclusively for storage related to operation of the building, including for use by tenants of the building, however, such storage areas that are available for separate rental or use by a third party that is not an occupant of the building shall be included in determining the total floor area within a building or structure. Such void spaces may be enclosed, and shall be exempted for the first two thousand (2,000) square feet on each parking floor or the first five percent (5%) of the floor area of the entire building, whichever is less. After the lesser of either the first two thousand (2,000) square feet on each parking floor or the first five percent (5%) of the floor area of the entire building is exempted, any remaining storage floor area shall be considered in determining the total floor area within a building or structure;
5. Rooms exclusively housing building operating equipment or machinery;
6. Parking spaces at or above the first story and access thereto provided that in commercial zones:
a. Not less than the front forty feet (40') of the ground floor shall be devoted to retail sales, offices, or financial uses; notwithstanding such restriction, the Director of Planning and Community Development may reduce the amount of floor area required under this provision by up to ten percent (10%) pursuant to the provisions of article 36 of this chapter regarding minor accommodations if the Director finds that the dimensions of the site do not provide adequate space for internal circulation for parking and such accommodation would not substantially compromise pedestrian activity in the area; and
b. At least one full level of parking below grade is provided; or
c. Parking is provided in an enclosed alternative parking facility as permitted by section 10-3-2730.4;
7. Mall areas; and
8. Space used or provided within a building or structure for publicly owned off street parking facilities.
B. Single-family residential zone: "Floor area" shall mean the area of all portions of floors and levels which have a roof or floor level above and are enclosed by exterior walls by more than fifty percent (50%). Further, "floor area" shall include the area of that portion of an upper level not separated from a lower level by a floor/ceiling assembly, but shall not include basements, crawl spaces, up to four hundred (400) square feet of garage area, and the space created below a deck located at the finished first floor level of a residence that extends over a driveway that leads to subterranean parking.
For the purposes of determining floor area in a single-family residential zone, "basement" shall mean any floor level directly below a story or portion thereof, which has a finished floor level that is a maximum of three feet (3') above finished grade at any cross-section cut through the building. Furthermore, a level shall be either entirely basement or entirely floor area, and partial basements shall not be permitted.
Exceptions:
1. Driveways: If a driveway not exceeding sixteen feet (16') in width is located within five feet (5') of a perimeter wall of a building, and the driveway leads to a subterranean garage, then the finished grade, for that portion of the building located adjacent to the driveway, shall be assumed to be at an elevation that is equal to the grade on the opposite side of the retaining wall required to construct such driveway.
2. Light Court: For light courts not exceeding a dimension of fifteen feet (15') measured perpendicular to the adjacent perimeter wall of a building, the finished grade, for that portion of the perimeter wall of the building located within five feet (5') of the light court, shall be assumed to be at an elevation that is equal to the grade on the opposite side of the retaining wall required to construct such light court. The fifteen feet (15') dimensional limitation shall not apply to portions of light courts that are surrounded by three (3) or more structural walls, as long as the total area of the light court does not exceed twenty percent (20%) of the ground floor of the building.
3. Lightwell: For lightwells not exceeding a dimension of four feet (4') as measured perpendicular from the perimeter wall of a building, the finished grade, for that portion of the perimeter wall of the building located within five feet (5') of the lightwell, shall be assumed to be at an elevation that is equal to the grade on the opposite side of the retaining wall required to construct such lightwell.
4. Pools And Water Features: If an in-ground pool or other in-ground water feature is located adjacent to a perimeter wall of a building, then the finished grade, for that portion of the building located adjacent to the in-ground pool or in-ground water feature, shall be assumed to be at an elevation that is equal to the waterline of such in-ground pool or in-ground water feature.
5. Stairs Or Access Ways: If stairs or access ways not exceeding four feet (4') in width are located adjacent to a perimeter wall of a building, and the stairs or access ways lead to a basement, the finished grade, for that portion of the perimeter wall of the building located adjacent to the stairs or access ways, shall be assumed to be at an elevation that is equal to the grade on the opposite side of the retaining wall required to construct such stairs or access ways. Furthermore, stairs or access ways that lead to a basement shall be deemed to be basement even if the stairs or access ways are greater than three feet (3') above finished grade, and shall not preclude the rest of the floor level from qualifying as a basement.
A basement may extend beyond the perimeter of the building provided that such portion of the basement is below the natural or finished grade, whichever is lower. A basement shall be considered to have extended beyond the perimeter of the building when the area, including any structure or story, above the basement no longer qualifies as "floor area" as defined herein.
FLOOR AREA RATIO (FAR): The ratio of floor area to site area.
FRACTIONAL OWNERSHIP: The shared ownership of real property, entitlement to ownership rights of real property, entitlement to use of real property, or possession of real property through any of the following means:
A. Direct ownership of the property;
B. Indirect ownership of the property through a membership, stake, interest, share, association, or similar device in the owner of the property or a subsidiary or parent of the owner of the property; or
C. A membership, stake, interest, share, association, or similar device in an entity, group, association or similar device which by virtue of such membership, stake, interest, share, association or similar device grants entitlement to ownership rights or the use or possession of the property.
GAME COURT: A structure having a playing surface, paved or unpaved, with or without enclosing fences, designed to be used for playing or practicing tennis, badminton, volleyball, paddle tennis, handball, racquetball, squash, basketball, or similar games.
GARAGE: A building or portion of a building designed or used for the parking or storage of motor vehicles.
GRADE: For the purpose of measuring the height of walls and fences, the elevation of the natural or finished surface of the ground, whichever is lower.
GRADE, FINISHED: The lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line or, when the property line is more than five feet (5') from the building, between the building and a line five feet (5') from the building.
GRADE, NATURAL: Grade as it existed five (5) years prior to the date on which an application is submitted to the City for redevelopment or grading activities on a given site.
HEDGE: A growth of vegetation, cultivated in such a manner as to produce a barrier to inhibit passage or to obscure view, which is more than twelve inches (12") in height. Where there are interruptions of growth by vertical space having a horizontal distance of more than twenty four inches (24") in every four feet (4'), such growth shall not be considered a hedge. This definition is not intended to include individual shrubs, plants, or trees.
HEIGHT OF BUILDING:
A. Nonresidential Zones: Except as otherwise provided for walls and fences, in nonresidential zones, "height" shall mean the distance from the highest point of the natural ground level at the perimeter of a building or structure or from the highest point of the public sidewalk adjoining the lot or parcel upon which the building or structure is to be erected, whichever is higher, to the highest element of the building or structure. The following elements of a building or structure shall not be considered when determining its height pursuant to this subsection A:
1. Vent pipes that are not higher than required by law.
2. On buildings with a sloped roof, chimneys extending a maximum of three feet (3') higher than any portion of the building within a horizontal distance of ten feet (10') from the chimney. On buildings with a flat roof, chimneys extending a maximum of three feet (3') above the roof deck. The maximum horizontal dimension of a chimney shall not exceed four feet (4') on any side.
3. Structures enclosing elevator equipment and/or elevator lobbies if such structures are not higher than twenty feet (20') above the adjacent roof deck and are not larger than the shaft of the elevator or elevators and their respective lobby areas, provided such lobby areas comply with the provisions of subsection A.2. of the definition of Floor Area, and if such structure is used for no purpose other than providing the minimum space required for the elevators and their equipment and such lobby areas.
4. Structures enclosing stairs required by law to be carried to the roof if such enclosing structure is used for no other purpose than enclosing the stairs and is no larger than the stair shaft below and if such enclosure is not more than fifteen feet (15') in height as measured from the adjacent roof deck.
5. Penthouse structures used exclusively for mechanical equipment for the building or structure if such penthouse structure is not more than fifteen feet (15') in height as measured from the adjacent roof deck.
6. Structures enclosing alternative parking facilities if such structure is not more than fifteen feet (15') in height above the adjacent roof deck and approved in accordance with 10-3-2730.4 of this chapter.
7. Parapets or handrails not more than forty five inches (45") in height as measured from the roof or floor which they surround.
8. Unoccupied architectural features, such as skylights and clerestories, not more than fifteen feet (15') in height as measured from the adjacent roof deck if such features do not exceed thirty three percent (33%) of the roof area upon which they are located, and no such feature exceeds or intersects a line projecting from the perimeter of the roof upward at an angle of forty five degrees (45°) from the horizontal.
9. Antennas, other than satellite dish antennas, that do not exceed fifteen feet (15') in height as measured from the surface on which the antennas are mounted and do not exceed fifteen feet (15') above the applicable zoning height limit unless a minor accommodation permit and a building permit are obtained in accordance with the provisions of section 10-3-4506 of this chapter. If an antenna is mounted on a legally nonconforming structure that exceeds the applicable zoning height limit, then the antenna may also exceed the applicable zoning height limit, to a maximum of fifteen feet (15') above the height of that nonconforming structure.
10. Satellite dish antennas that do not exceed fifteen feet (15') in height as measured from the surface on which the antennas are mounted and do not exceed fifteen feet (15') above the applicable zoning height limit unless a minor accommodation permit and a building permit are obtained in accordance with the provisions of sections 10-3-4506 and 10-3-4504, respectively, of this chapter. If an antenna is mounted on a legally nonconforming structure that exceeds the applicable zoning height limit, then the antenna may also exceed the applicable zoning height limit, to a maximum of fifteen feet (15') above the height of that nonconforming structure.
B. Multiple-Family Residential Zones: Except as otherwise provided for walls and fences, in multiple-family residential zones, "height" shall mean the distance from the highest point of the natural ground level at the perimeter of a building or structure or from the highest point of the public sidewalk adjoining the lot or parcel upon which the building or structure is to be erected, whichever is higher, to the highest element of the building or structure. The following elements of a building or structure shall not be considered when determining its height pursuant to this subsection:
1. Vent pipes that are not higher than required by law.
2. On buildings with a sloped roof, chimneys extending a maximum of three feet (3') higher than any portion of the building within a horizontal distance of ten feet (10') from the chimney. On buildings with a flat roof, chimneys extending a maximum of three feet (3') above the roof deck. The maximum horizontal dimension of a chimney shall not exceed four feet (4') on any side.
3. Structures enclosing elevator equipment and/or elevator lobbies if such structures are not higher than fifteen feet (15') above the adjacent roof deck and are not larger than the shaft of the elevator or elevators and their respective lobby areas, provided such lobby areas comply with the provisions of subsection A2 of the definition of Floor Area, and if such structure is used for no purpose other than providing the minimum space required for the elevators and their equipment and such lobby areas.
4. Structures enclosing stairs required by law to be carried to the roof if such enclosing structure is used for no other purpose than enclosing the stairs and is no larger than the stair shaft below and if such enclosure is not more than twelve feet (12') in height as measured from the adjacent roof deck.
5. Penthouse structures used exclusively for mechanical equipment for the building or structure if such penthouse structure is not more than ten feet (10') in height as measured from the adjacent roof deck.
6. Parapets or handrails not more than forty five inches (45") in height as measured from the roof or floor which they surround.
7. Unoccupied architectural features, such as skylights and clerestories, and rooftop structures such as shade structures and trellises, not more than ten feet (10') in height as measured from the adjacent roof deck if such features do not exceed thirty three percent (33%) of the roof area upon which they are located, and no such feature exceeds or intersects a line projecting from the perimeter of the roof upward at an angle of forty five degrees (45°) from the horizontal.
8. Antennas, other than satellite dish antennas, that do not exceed fifteen feet (15') in height as measured from the surface on which the antennas are mounted and do not exceed fifteen feet (15') above the applicable zoning height limit unless a minor accommodation permit and a building permit are obtained in accordance with the provisions of section 10-3-4506 of this chapter. If an antenna is mounted on a legally nonconforming structure that exceeds the applicable zoning height limit, then the antenna may also exceed the applicable zoning height limit, to a maximum of fifteen feet (15') above the height of that nonconforming structure.
9. Satellite dish antennas that do not exceed twelve feet (12') in height as measured from the surface on which the antennas are mounted and do not exceed twelve feet (12') above the applicable zoning height limit unless a minor accommodation permit and a building permit are obtained in accordance with the provisions of sections 10-3-4506 and 10-3-4504, respectively, of this chapter. If an antenna is mounted on a legally nonconforming structure that exceeds the applicable zoning height limit, then the antenna may also exceed the applicable zoning height limit, to a maximum of twelve feet (12') above the height of that nonconforming structure.
10. The addition of rooftop decking materials up to a height of twelve inches (12"), as measured from the adjacent roof deck, and an equivalent increase in the height of the parapet wall, on the rooftop of an existing multiple-family residential building.
C. Single-Family Residential Zones In The Central Area Of The City: Except as otherwise provided for walls and fences, in single-family residential zones located in the Central Area of the city, "height" shall mean the distance between the highest element of a building or structure and the highest point of ground level at the perimeter of the building or structure. Such ground level shall be established by survey or grading plan prior to any demolition, grading, or other alteration of the lot or parcel to accommodate the building or structure to be erected. However, if more than fifty percent (50%) of the perimeter of the building or structure is below the highest point of such ground level, then the height shall be measured from the average of such ground level at the perimeter of the building or structure. The following structures shall not be subject to the height limits set forth in this subsection:
1. The extension of vent pipes to the extent permitted by title 9 of this Code. On buildings with a sloped roof or sloped roof with ridgeline, chimneys extending a maximum of three feet (3') higher than any portion of the building within a horizontal distance of ten feet (10') from the chimney. On buildings with a flat roof, chimneys extending a maximum of three feet (3') above the roof deck. The maximum horizontal dimension of a chimney shall not exceed four feet (4') on any side.
2. Antennas, other than satellite dish antennas, that do not exceed fifteen feet (15') in height as measured from the surface on which the antennas are mounted and do not exceed fifteen feet (15') above the applicable zoning height limit unless a minor accommodation permit and a building permit are obtained in accordance with the provisions of section 10-3-4506 of this chapter. If an antenna is mounted on a legally nonconforming structure that exceeds the applicable zoning height limit, then the antenna may also exceed the applicable zoning height limit, to a maximum of fifteen feet (15') above the height of that nonconforming structure.
3. Satellite dish antennas that do not exceed twelve feet (12') in height as measured from the surface on which they are mounted unless a minor accommodation permit and a building permit are obtained in accordance with the provisions of sections 10-3-4506 and 10-3-4504, respectively, of this chapter.
D. Single-Family Residential Zones In The Hillside Area Of The City: Except as otherwise provided for walls and fences, in single-family residential zones located in the Hillside Area of the City, "height" of a building or structure at any point shall mean the vertical distance between that point and the point below it on a plane defined by the finished grade at all points along the building or structure perimeter.
However, the following exceptions to this definition shall apply:
1. Driveways: If a driveway not exceeding sixteen feet (16') in width is located within five feet (5') of a perimeter wall of a building, and the driveway leads to a subterranean garage, then the finished grade, for that portion of the building located adjacent to the driveway, shall be assumed to be at an elevation that is equal to the grade on the opposite side of the retaining wall required to construct such driveway.
2. Light Court: For light courts not exceeding a dimension of fifteen feet (15') measured perpendicular to the adjacent perimeter wall of a building, the finished grade, for that portion of the perimeter wall of the building located within five feet (5') of the light court, shall be assumed to be at an elevation that is equal to the grade on the opposite side of the retaining wall required to construct such light court. The fifteen foot (15') dimensional limitation shall not apply to portions of light courts that are surrounded by three (3) or more structural walls, as long as the total area of the light court does not exceed twenty percent (20%) of the ground floor of the building.
3. Lightwell: For lightwells not exceeding a dimension of four feet (4') as measured perpendicular from the perimeter wall of a building, the finished grade, for that portion of the perimeter wall of the building located within five feet (5') of the lightwell, shall be assumed to be at an elevation that is equal to the grade on the opposite side of the retaining wall required to construct such lightwell.
4. Pools And Water Features: If an in-ground pool or other in-ground water feature is located adjacent to a perimeter wall of a building, then the finished grade, for that portion of the building located adjacent to the in-ground pool or in-ground water feature, shall be assumed to be at an elevation that is equal to the waterline of such in-ground pool or in-ground water feature.
5. Stairs Or Access Ways: If stairs or access ways not exceeding four feet (4') in width are located adjacent to a perimeter wall of a building, and the stairs or access ways lead to a basement, the finished grade, for that portion of the perimeter wall of the building located adjacent to the stairs or access ways, shall be assumed to be at an elevation that is equal to the grade on the opposite side of the retaining wall required to construct such stairs or access ways. Furthermore, stairs or access ways that lead to a basement shall be deemed to be basement even if the stairs or access ways are greater than three feet (3') above finished grade, and shall not preclude the rest of the floor level from qualifying as a basement.
Those elements of a building excluded from the measurement of height as set forth in subsection C of this definition shall also be excluded from the measurement of height as set forth in this subsection D.
E. Single-Family Residential Zones In The Trousdale Estates Area Of The City: Except as otherwise provided for walls and fences, in single- family residential zones located in Trousdale Estates, "height" shall mean the distance between the highest point of grade at the perimeter of a building or structure and the highest element of the building or structure. However, if more than fifty percent (50%) of the perimeter of the building or structure at grade is below such highest grade point, then the height shall be measured from the average grade level at the perimeter of the building or structure. The following structures shall not be subject to the height limits set forth in this subsection:
1. The extension of vent pipes to the extent permitted by title 9 of this Code. On buildings with a sloped roof, chimneys extending a maximum of three feet (3') higher than any portion of the building within a horizontal distance of ten feet (10') from the chimney. On buildings with a flat roof, chimneys extending a maximum of three feet (3') above the roof deck. The maximum horizontal dimension of a chimney shall not exceed four feet (4') on any side.
2. Antennas, other than satellite dish antennas, which do not exceed fifteen feet (15') in height as measured from the surface on which they are mounted and which do not exceed the zoning height limit by more than fifteen feet (15'). If an antenna is mounted on a legally nonconforming building that exceeds the applicable height limits set forth in this definition, then the antenna may exceed the height limits otherwise set forth in this chapter to a maximum height of fifteen feet (15') above the height of the nonconforming building.
3. Satellite dish antennas that do not exceed twelve feet (12') in height as measured from the surface on which they are mounted.
HEIGHT OF WALL, FENCE OR HEDGE: The vertical distance above grade to the highest element of the wall, fence, or hedge, including, but not limited to, columns, pillars, pilasters, and gates, measured on the side of the wall, fence, or hedge located closest to the property line. Grades shall not be adjusted for the purpose of circumventing the maximum height allowances set forth in this chapter.
HIGHEST ELEMENT OF A BUILDING: The highest element of a building other than those elements excluded from the measurement of height as set forth in this article.
HILLSIDE AREA: That area of the City of Beverly Hills generally located north of Sunset Boulevard other than Trousdale Estates. The boundaries of the Hillside Area are the boundaries of the "Hillside District" as shown on diagram 13-1, adopted by the City Council, and on file in the Department of Building and Safety, excluding those areas south of Sunset Boulevard and Trousdale Estates.
HOME OCCUPATION: Any occupation, activity, enterprise, profession, trade, or undertaking of any nature conducted or engaged in, or ordinarily conducted or engaged in, with the object of gain, benefit or advantage to any person or entity, whether direct or indirect, and which is conducted in a residential zone in the City. The term shall include the operation of a subsidiary, independent entity or any other activity conducted for the benefit of others and at no profit to those engaged in the operation or activity, including nonprofit businesses and trade associations. However, "home occupation" shall not include the delivery of goods or services to a residential site by an entity or individual with a principal place of business outside of any residential zone in the City and which conducts no administrative or processing function within a residential zone in the City, such as a plumber, gardener, or caterer based in a nonresidential zone. A "home occupation" shall also not include the operation of a family daycare home licensed pursuant to state law and as defined in this section 10-3-100 (Words Defined). A person shall not be deemed to be engaged in a home occupation solely by reason of receipt of dividend or interest income from passive investments or solely by reason of receipt of royalties or residuals for work that does not constitute a home occupation.
HOTEL: Any building, or portion thereof designed or used for lodging persons for a period of less than thirty (30) consecutive days. Hotels shall include, without limitation, any establishment held out to the public as a hostel, inn, time share project, tourist court, or motel, but shall not include hospitals or governmental buildings where persons are detained under legal restraint, such as jails or prisons.
INTERIOR SIDE LOT LINE: A side lot line that abuts another site area.
INTERIOR SIDE SETBACK: A side setback that is measured from an interior side lot line.
JUNIOR ACCESSORY DWELLING UNIT (JADU): A residential unit that is no more than 500 square feet in size and is contained entirely within an existing or proposed single-family dwelling. An enclosed use within the dwelling, such as an attached garage, is considered to be a part of and contained within the single-family dwelling:
LEVEL PAD: That portion of a site containing level finished grade. No portion of a site with a slope that is greater than five percent (5%) shall be considered to be part of a level pad. Furthermore, for the purposes of calculating floor area ratio, no portion of a level finished surface which is the longest pole of a flag lot shall be considered to be part of a level pad.
LIGHT COURT: An excavated area adjacent to a building that extends more than four feet (4') from the building perimeter, as measured perpendicular from the building perimeter, that is enclosed on four (4) sides, that is open at the top, and that allows light into a below grade level of a building.
LIGHTWELL: An excavated area adjacent to a building that extends no more than four feet (4') from the building perimeter, as measured perpendicular from the building perimeter, that is enclosed on four (4) sides, that is open at the top, and that allows light into a below grade level of a building.
LOT: A parcel of land abutting on at least one street or alley and refers to those subdivisions of lands designated as lots and numbered consecutively upon the recorded subdivision maps of the City.
LOT DEPTH: The average horizontal distance between the front and rear lot lines measured in the mean direction of the side lot line(s). However, for the purposes of measuring the depth of a flag lot, the calculation shall not include the pole of the flag lot.
LOT LINE: A line of record bounding a lot which divides one lot from another lot or from a public or private street or any other public space.
LOT LINE, FRONT: The lot line that separates a site area from a street. Provided, however, that in the case of a corner lot, the front lot line shall be the shortest lot line which separates a site area from a street.
LOT LINE, REAR: The lot line which is most opposite from the front lot line as determined by the Director of Building and Safety. Provided, however:
A. If a site area has only one lot line that does not separate the site area from a street, then that one line shall be considered a "rear lot line".
B. If a site area is triangular or otherwise tapered, and is not within the scope of subsection A of this definition, then the rear lot line shall be a ten foot (10') line located within the property that is approximately parallel to, and most distant from, the front lot line.
C. If a site area not within the scope of subsection A of this definition is triangular or otherwise tapered, and the front lot line is curved, then the rear lot line shall be a ten foot (10') line within the property which is approximately parallel to, and most distant from, a ten foot (10') chord through the front lot line which is most distant from the intersection of lot lines that are not front lot lines.
D. Through lots that do not fall within the scope of subsection A of this definition shall have no rear lot line.
LOT LINE, SIDE: Any lot line which is not a front lot line or a rear lot line.
LOT LINE, STREET SIDE: A side lot line of a corner lot that separates the corner lot from a street.
LOT WIDTH: The average horizontal distance between opposite side lot lines measured in the mean direction of the front lot line. Provided, however, that for lots with only one side lot line, the lot width shall mean the average distance between the front lot line and the side lot line. Also, for the purposes of measuring the width of a flag lot, the calculation shall not include the pole of the flag lot.
MAJOR LIFE ACTIVITY: Physical, mental, and social activities, such as the operation of major bodily functions, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others, and working.
MALL AREA: The main pedestrian area having common access to a number of tenants and occupancies which are predominantly for retail stores, drinking and dining establishments, and other similar uses of a retail and service nature within one site area. "Mall area" shall not be construed to include or mean a secondary required means of exit for an occupancy, nor to include or mean a street, alley, or other publicly owned space.
MAXIMUM POTENTIAL FACADE: A plane located at the front setback line which is bounded by the maximum height allowed for a building at the front setback line, and bounded by the side and/or rear setback lines intersecting the front setback line. For the purposes of calculating the maximum potential facade, the setback lines established by the applicable provisions of this title shall be used. No reduction in any setback line, whether or not authorized by any procedure set forth in this title, shall be considered in calculating the maximum potential facade, and the maximum potential facade shall not be increased as the result of a reduction in the required side or rear setback lines.
MAXIMUM POTENTIAL SIDE FACADE: A plane located at a side setback line which is bounded by the maximum height allowed for a building at that side setback line, and bounded by the front, rear and/or side setback lines intersecting the side setback line at which the facade is located.
MECHANICAL PARKING LIFT: An elevating device that enables the positioning of a vehicle above or below another parking space in a stacked (vertical tandem) fashion.
MEDICAL LABORATORY: Any facility providing medical or dental services for the purpose of diagnosing or treating medical or dental conditions that does not receive patrons on site.
MEDICAL OFFICE: Any facility providing health service and/or medical, surgical, or dental care. "Medical office" shall include, but not be limited to, a health center, health clinic, doctor's office, chiropractor's office, dentist's office, or any office offering therapeutic service or care. "Medical office" shall not include a "medical laboratory" as defined in this section or a "cosmetic spa" permitted pursuant to section 10-3-1620.2 of this chapter and as defined in this section.
MEDICAL USE(S): Uses including medical office, medical laboratory, or any combination thereof, or a "cosmetic spa" permitted pursuant to section 10-3-1620.2 of this chapter and as defined in this section.
MINI-SHOPPING CENTER: Any development which is developed for multiple uses of retail, personal services, or restaurants, or a combination thereof, with the structure or structures located in close proximity to the rear property line and/or a common property line and with surface parking situated between the structure or structures and the street.
MIXED USE OR MIXED USE DEVELOPMENT: The development of a site with two (2) or more different land uses, such as, but not limited to, a combination of residential, office or retail uses in a single or physically integrated group of structures or the development of a combination of different land use in a single zone.
MOTION PICTURE PLANT: A place where motion pictures are regularly made or where successions of photographs upon motion picture film are regularly taken, whether or not such film is there developed, printed, or reproduced, or a place equipped for making or taking such motion pictures or photographs, or which is equipped with the appliances and machinery necessary and proper for the developing and printing or manufacture of motion picture film.
MULTI-FAMILY TRANSIENT USE: Rental or lease of a multi-family dwelling unit for a period of less than thirty (30) days.
MULTIPLE-FAMILY DWELLING: A building which contains more than one dwelling unit.
MULTIPLE-FAMILY RESIDENTIAL ZONE: Any zone possessing any of the following zone designations: R-3, R-4, R-4X1, R-4X2, or R-4-P.
NEW CAR DEALER: Any business engaged principally in selling or dealing in new automobiles, which may include dealing in used automobiles only as an incident to the new car business providing such used automobiles are restricted to those acquired as trade- ins on new or used cars as part payment on new or used cars sold by such dealer at its place of business in the City.
NIGHTCLUB: Any establishment that permits dancing by patrons at any time of day. A nightclub may be restricted to members or may be open to the public. The term "nightclub" shall not include the following:
A. A restaurant that limits dancing by patrons to a single dance floor that is contiguous to the dining or bar area and that does not exceed one hundred seventy five (175) square feet or ten percent (10%) of the restaurant's total dining and bar area, whichever is less. Furthermore, in order to maintain this exemption, the restaurant must also limit musicians and performers, including those musicians who accompany dancing, to the dance floor;
B. An establishment that is located in a hotel;
C. A fixed seat theater that does not permit food or drink consumption in the seating area and that has no tables in the seating area.
NONCONFORMING BUILDINGS: A building that was lawfully constructed in compliance with the development standards of the City at the time of its construction, however, due to the adoption or amendment of a Zoning Ordinance or other land development regulation, the building no longer complies with the current requirements of this title.
NONCONFORMING USE: A use of property that was permitted at the time that it was lawfully established, but is presently prohibited or presently requires a conditional use permit, or other use permit, and no such permit has been issued for the use.
NONRESIDENTIAL ZONE: Any zone which is not a Residential Zone, including, but not limited to, any of the following zone designations: C-3, C-3A, C-3B, C-3T-1, C-3T-2, C-3T-3, C-5, C-R, C-R-PD, or T-1.
ONE-FAMILY OR SINGLE-FAMILY RESIDENCE OR DWELLING: "One-family residence or dwelling" shall mean a building, together with any accessory buildings, which is designed or used by only one bona fide housekeeping unit. "Single-family residence or dwelling" shall have the same meaning as "one-family residence or dwelling".
OPEN AIR DINING: The serving and/or consumption of food and/or drink outside of a residential zone if: a) such consumption takes place in an area that is not fully enclosed within a permanent building by walls and a roof, but is located immediately adjacent to a restaurant use that is so enclosed, or b) such consumption takes place in an area fully enclosed within a permanent building, such building has windows that can be opened, and such windows are located on a wall that is oriented, at an angle of ninety degrees (90°) or less, toward residentially zoned properties adjacent to the building or separated from the building by a public right of way.
OPEN TO PUBLIC VIEW: For any ten foot (10') length of wall, fence, or hedge, the total area of all opaque materials used shall be a maximum of thirty percent (30%) of the area of that ten foot (10') length of wall, fence, or hedge, and the width or position of each opaque element shall not block more than fifty percent (50%) of the open view of the appropriate setback area when viewed perpendicularly to the front plane of the wall, fence, or hedge or through a forty five degree (45°) sweep on any side of the perpendicular. Tree foliage which is located more than eight feet (8') above grade shall be considered open to public view.
OVERLAY ZONE: A zoning district which governs the same territory as an underlying zone, but provides alternative development standards for a specified type of development or use.
PARKING SPACE: An area that is designed and used for parking automobiles and meets the standards set forth in the city's "minimum parking standards" on file in the department of building and safety.
PARKLET: A structure or installation within which public street parking is converted into an outdoor dining area that serve an adjacent restaurant business. A parklet is typically located directly adjacent to vehicular traffic lanes on one side and the sidewalk or parkway areas on the other side.
PAVING: A ground covering of concrete, stone, brick, tile, or similar substance. Provided, however, that an area shall be not considered "paved" for the purposes of this chapter unless one- third (1/3) or more of that area contains paving and the paving is reasonably distributed throughout that area.
PET BOARDING FACILITY: A commercial or nonprofit facility that is fully enclosed within a building and provides day and/or night boarding for four (4) or more adult dogs, cats, or any combination thereof, for persons other than the occupant of the facility including the boarding or keeping of animals for the purposes of training, grooming, boarding, or socializing, and is ancillary to a principally permitted retail business for pet related merchandise. This does not include the keeping of animals for receiving or recovering from medical services.
PHYSICAL OR MENTAL IMPAIRMENT: Any physiological disorder or condition and any mental or psychological disorder, including, but not limited to, orthopedic, visual, speech and hearing impairments, cosmetic disfigurement, anatomical loss, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intellectual disabilities (formerly termed "mental retardation"), emotional or mental illness, learning disabilities, HIV disease (whether symptomatic or asymptomatic), tuberculosis, and alcoholism and drug addiction (but not including current use of illegal drugs). A temporary condition, such as a broken leg, pregnancy, use of crutches, etc., does not qualify as a physical or mental impairment.
PLATE HEIGHT: The height to the topmost element of the structural support of a building's roof framing members.
PORTE-COCHERE: A roofed structure covering a driveway which is located between the public street and at least one required parking space. A porte-cochere shall be no more than twenty feet (20') in length, no more than fourteen feet (14') in height, shall be attached to a residence or dwelling, shall be adjacent to an exterior building wall on one side, and shall be completely open on the remaining three (3) sides except for necessary structural column and other permitted side yard fences and walls.
PRINCIPAL BUILDING AREA: That portion of a site area not included within a front yard, side yard, street side yard or rear yard.
PRIVATE TRAINING CENTER: A facility used for individual or small group exercise or training activities, in which students and instructor(s) engage in exercise or training activities. Private training centers may include, but are not limited to: facilities that host group exercise classes for a limited number of attendees such as yoga, pilates, spinning, or personal training, and shall comply with the regulations of this chapter. "Private training center" does not include any facility that is accessory to a public educational institution or accessory to a private educational institution that is included on the list of private schools prepared pursuant to Education Code section 33190.
PUBLIC NOTICE GUIDELINES: Guidelines approved by the director of community development and on file in the department of community development describing implementation of the requirements for public noticing of planning applications set forth in article 2.5 of this chapter.
PUBLIC STREET: The land dedicated or condemned for use as a public highway or established as such by the use for public purposes.
PUBLIC UTILITY: Any private corporation or other person that owns, operates, controls, or manages a line, pipeline and appurtenances, plant, technological network or system for the transportation of people or property, the transmission of telephone or telegraph messages, or the production, generation, transmission, or furnishing of heat, light, natural gas, water, power, storage, or wharfage, directly or indirectly to or for the public, and common carriers. Public utilities shall also mean any additional class of private corporations or other persons that are designated by the California state legislature or the California Constitution as public utilities.
REASONABLE ACCOMMODATION: Any deviation requested and/or granted from the city's zoning and land use laws, rules, regulations, policies, procedures, practices, or any combination thereof, that may be reasonable and necessary for a disabled person to have an equal opportunity to use and enjoy a dwelling.
RELIGIOUS INSTITUTION: Any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities.
RESIDENTIAL ZONE: A single-family residential zone or multiple- family residential zone.
RETAIL BUSINESS: A business that carries on as its principal business the selling of tangible commodities, goods, merchandise or wares. Retail business also includes beauty shops, nail salons, and spas. A retail business may include an optometrist use that is ancillary to the retail business. A retail business may only include ancillary space for the purpose of consultation with an optometrist if that space does not exceed the lesser of five percent (5%) of the total floor area of the business or two hundred (200) square feet and that space is located at least thirty feet (30') behind the storefront of the retail business facing a street.
RETAINING WALL: A wall or terraced combination of walls used to retain more than eighteen inches (18") of material and not used to support, provide a foundation for, or provide a wall for a building or structure.
ROOF, FLAT: A roof shall be considered to be a flat roof if it is neither a sloped roof nor a sloped roof with ridgeline as defined in this section.
ROOF, SLOPED: A roof shall be considered to be a sloped roof if ninety five percent (95%) or more of the roof has a slope of ten percent (10%) or more and the roof is not a sloped roof with ridgeline as defined in this section.
ROOF, SLOPED WITH RIDGELINE: A roof shall be considered to be a sloped roof with ridgeline if ninety five percent (95%) or more of the roof has a slope of fifteen percent (15%) or more and the roof has one or more linear horizontal ridgelines formed by the juncture of two (2) roof planes where both planes extend upward from the exterior facade of a perimeter wall of the building to the horizontal ridgeline. The roof planes may be intersected by other roof planes that meet this definition, as well as architectural features such as dormers and chimneys that are otherwise allowed pursuant to this chapter.
ROOFTOP DINING USE: A use that is permitted pursuant to section 10-3-3107.5., and that includes rooftop open air dining, and/or enclosed indoor dining on the rooftop of a building. A rooftop dining use consists of the serving and consumption of food and drink, and shall be limited to bona fide restaurant establishments that primarily sell food and may provide accompanying drink service. Rooftop dining uses shall not include establishments that provide drink service without contemporaneous food service, but may include bars as an ancillary component of the rooftop dining use.
ROOFTOP OPEN AIR DINING: The serving and/or consumption of food and drink on a rooftop of a building in any rooftop area that is not fully enclosed within a permanent building by walls and a roof, but includes an enclosed component in which business transactions may be conducted.
SATELLITE DISH ANTENNA: Any device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, cornucopia, or flat plate. Such device receives or transmits radio or electromagnetic waves between terrestrially and/or orbitally based units. This definition is meant to include, but not be limited to, what is commonly referred to as satellite earth stations, satellite receivers, satellite disks, direct broadcast systems (DBSs), television reception only systems (TVROs), and satellite microwave antennas.
SERVICED RESIDENCE: A multi-family transient use where each dwelling unit includes a full kitchen, laundry facilities and bathroom, no dwelling unit is leased or occupied by any person for less than seven (7) consecutive days, all residents jointly occupy the dwelling unit under a single written lease, and each dwelling unit is maintained and offered services at a luxury standard. By way of illustration, at the time of adoption hereof, a "luxury standard" includes a twenty four (24) hour resident service team, high tech fitness center, full service business center with executive boardroom and complimentary high speed internet access, a lounge, en suite dining, same day valet dry cleaning and laundry service, and full time, on site management and maintenance. All dwelling units include fully accessorized kitchens, contemporary furnishings, well appointed bathrooms, premium cable television and Wi-Fi access.
SETBACK, FRONT: The required minimum distance measured between a front lot line and the closest element of a building or structure on that site area.
SETBACK LINE, FRONT: A line within a site area parallel to the front lot line and located at a distance from the front lot line equal to the front setback.
SETBACK LINE, REAR: A line within a site area parallel to the rear lot line and located at a distance from the rear lot line equal to the rear setback.
SETBACK LINE, SIDE: A line within a site area parallel to a side lot line and located at a distance from the side lot line equal to the side setback.
SETBACK LINE, STREET SIDE: A line within a site area parallel to a street side lot line and located at a distance from the street side lot line equal to the street side setback.
SETBACK, REAR: The required minimum distance between a rear lot line and the closest element of a building or structure on that site area.
SETBACK, SIDE: The required minimum distance between a side lot line and the closest element of a building or structure on that site area.
SETBACK, STREET SIDE: The required minimum distance between a street side lot line and the closest element of a building or structure on that site area.
SIDE STREET: That portion of a street abutting a side lot line of a corner lot.
SINGLE-FAMILY RESIDENCE: See definition of One-Family Or Single- Family Residence Or Dwelling.
SINGLE-FAMILY RESIDENTIAL ZONE: Any zone possessing any of the following zone designations: R-1, R-1.X, R-1.5, R-1.5X, R-1.5X2, R-1.6X, R-1.7X, or R-1.8X.
SINGLE-FAMILY TRANSIENT USE: Rental or lease of a single-family residence or accessory dwelling unit for a period of less than six (6) months.
SINGLE HOUSEKEEPING UNIT: A traditional family or the functional equivalent of a traditional family, whose members are a nontransient interactive group of one or more persons, where if consisting of more than one person, such persons jointly occupy a single dwelling unit, jointly use common areas, share household activities and responsibilities (e.g., meals, chores, and expenses), and where, if the unit is rented or leased, all adult members jointly agree to occupy and be responsible for the entire premises of the dwelling unit under a single written rental agreement or lease and the make up of the household occupying the unit is determined by the residents of the unit rather than the landlord or property manager.
SINGLE ROOM OCCUPANCY HOUSING (SRO): A residential facility where individual secure rooms are rented to a one or two (2) person household. Rooms are generally one hundred fifty (150) to three hundred seventy five (375) square feet in size and include a sink, closet and toilet, with shower and kitchen facilities typically shared. SRO units are rented on a weekly or monthly basis.
SITE OR SITE AREA: All of that area (whether 1 or more lots) legally assembled into one building site by means of covenant, subdivision, or otherwise. When such area consists of more than one lot or parcel of ground, such lots or parcels of ground shall be contiguous or separated only by an alley.
SLOPE: That portion of the site other than the level pad.
SPECIALTY FOOD STORE: Any retail business dedicated to the sale of specialized types or classes of food and drink products, including, but not limited to, import food stores, bakeries, and chocolatiers.
STORY: A. Nonresidential zones: "Story" shall mean that portion of a building included between the surface of any floor and the surface of the next floor above it or, if there is no floor above it, the space between the floor and the ceiling next above it. For the purposes of this chapter, "story" shall include mezzanines, excepting mezzanines that meet the requirements of subsection A5 of this definition, and penthouses, but shall not include:
1. Basements and cellars which are less than eight feet (8') above grade as defined in the building code;
2. Floors devoted exclusively to mechanical equipment for the building and for rooftop elevator lobbies. The area of each such elevator lobby shall not exceed one hundred (100) square feet per elevator cab;
3. Floors devoted exclusively to parking and access thereto; provided, however, when any parking spaces are located more than two (2) floors above grade, this exception shall not apply;
4. Floors devoted to a combination of uses described in subsections A2 and A3 of this definition.
5. Mezzanines in buildings, provided:
a. The floor area ratio (FAR) on the site area, inclusive of the mezzanine, does not exceed 2.0;
b. The height of the building in which the mezzanine is located does not exceed forty five feet (45') in height, measured as set forth in this chapter, or three (3) stories, whichever is less; and
c. The mezzanine complies with the construction standards set forth in the building code that a mezzanine is required to meet in order not to be counted as a story under the building code.
B. Residential zones: "Story" shall mean that portion of a building included between the surface of any floor and the surface of the next floor above it or, if there is no floor above it, then the space between the floor and the ceiling next above it. For the purposes of this chapter, "story" shall include mezzanines and penthouses, but shall not include penthouses that are used exclusively for mechanical equipment, rooftop bathrooms that meet the requirements of subsection 10-3-2804B of this chapter, or a floor devoted exclusively to parking and/or mechanical equipment where the finished floor level of the floor above it is no more than three feet (3') above the adjacent finished grade at any point.
STREET: As defined in title 1 of this code except that "street" shall not include alleys.
STREET LINE: The lot line between a street and abutting property.
SUPPORTIVE HOUSING: Permanent affordable housing with no limit on length of stay, that is occupied by the target population as identified in state law, and that is linked to on site or off site services that assist the supportive housing residents in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community 2 .
SYNTHETIC TURF: Synthetic manmade material that simulates the appearance of live sod, grass or lawn. Synthetic turf shall not mean painted natural grass or sod.
THROUGH LOT: A site area having frontage on two (2) streets, but not located at the intersection of those streets.
TOBACCONIST: Any retail business with at least ninety percent (90%) of its retail floor area dedicated to the sale of tobacco products such as cigarettes, tobacco, and pipes.
TRANSITIONAL HOUSING: Temporary rental housing intended for occupancy by homeless individuals or families transitioning to permanent housing that is operated under program requirements calling for the termination of assistance and recirculation of the dwelling unit to another eligible program recipient at a predetermined future time, which shall be no less than six (6) months. Transitional housing often includes a supportive services component, such as job skills training or rehabilitation counseling to allow individuals to gain the necessary life skills to support independent living.
TROUSDALE ESTATES: All property located north of Doheny Road and east of Schuyler Road, except that land zoned R-1.X, and that portion of lot A of the Doheny Ranch tract northwesterly of tract numbers 24485 and 24486, commonly referred to as the Greystone Mansion property.
UNDERLYING ZONE: The primary zone designation which would govern development of a particular site if such development were not otherwise governed by an overlay zone.
USE: The purpose for which a building is designed, arranged, or intended or for which it is or may be occupied or maintained.
USED CAR DEALER: Any business engaged in buying, selling, and dealing in used automobiles other than a new car dealer.
VEHICLE SALES, SERVICE OR FUEL STATIONS: Any business which involves sales, including long term leasing; rental; maintenance; repair; refueling; painting; servicing, including tire or alarm sales and installation; or emissions testing of automobiles or any other motorized vehicles. Vehicle sales, service or fuel stations shall not include a business limited to the sale of vehicle accessories, if such accessories are not installed as part of that business and the business does not otherwise qualify as a vehicle sales, service or fuel station.
WALL: A structure with length measured horizontally in excess of twenty four inches (24") and with height and thickness designed or constructed of nongrowing materials in such a manner as to enclose property or to inhibit passage through or to obscure view.
YARD, FRONT: That portion of a site area located between the front setback line and the front lot line.
YARD, REAR: That portion of a site area located between the rear setback line and the rear lot line.
YARD, SIDE: That portion of a site area located between a side setback line and a side lot line.
YARD, STREET SIDE: That portion of a site area located between a street side setback line and a street side lot line. (1962 Code § 10-101; amd. Ord. 1179, eff. 1-2-1964; Ord. 1197, eff. 3-18-1965; Ord. 1248, eff. 8-18-1966; Ord. 1260, eff. 1-19-1967; Ord. 67-O-1274, eff. 6-15-1967; Ord. 68-O-1311, eff. 6-20-1968; Ord. 69-O-1349, eff. 7-1-1969; Ord. 69-O-1357, eff. 10-16-1969, retroactive to 10-1-1969; Ord. 70-O-1375, eff. 2-19-1970; Ord. 72-O-1435, eff. 3-16-1972; Ord. 73-O-1475, eff. 7-19-1973; Ord. 73-O-1491, eff. 10-18-1973; Ord. 77-O-1652, eff. 6-2-1977; Ord. 79-O-1734, eff. 5-31-1979; Ord. 80-O-1771, eff. 10-16-1980; Ord. 82-O-1859, eff. 10-7-1982; Ord. 85-O-1953, eff. 7-4-1985; Ord. 87-O-2009, eff. 11-19-1987; Ord. 87-O-2013, eff. 1-14-1988; Ord. 89-O-2056, eff. 4-20-1989; Ord. 89-O-2063, eff. 7-6-1989; Ord. 89-O-2072, eff. 10-19-1989; Ord. 89-O-2081, eff. 12-7-1989; Ord. 90-O-2090, eff. 3-8-1990; Ord. 90-O-2107, eff. 12-21-1990; Ord. 90-O-2109, eff. 12-21-1990; Ord. 91-O-2114, eff. 4-19-1991; Ord. 91-O-2133, eff. 12-5-1991; Ord. 92-O-2147, eff. 9-4-1992; Ord. 94-O-2205, eff. 8-5-1994; Ord. 94-O-2220, eff. 12-23-1994; Ord. 95-O-2239, eff. 7-7-1995; Ord. 96-O-2256, eff. 4-5-1996; Ord. 96-O-2266, eff. 10-18-1996; Ord. 96-O-2270, eff. 11-27-1996; Ord. 96-O-2272, eff. 1-9-1997; Ord. 97-O-2285, eff. 12-5-1997; Ord. 98-O-2295, eff. 5-1-1998; Ord. 99-O-2333, eff. 10-15-1999; Ord. 99-O-2335, eff. 11-4-1999; Ord. 99-O-2338, eff. 12-17-1999; Ord. 00-O-2351, eff. 10-20-2000; Ord. 01-O-2383, eff. 11-2-2001; Ord. 01-O-2389, eff. 1-10-2002; Ord. 02-O-2399, eff. 6-20-2002; Ord. 02-O-2403, eff. 9-6-2002; Ord. 02-O-2409, eff. 11-8-2002; Ord. 02-O-2417, eff. 1-3-2003; Ord. 02-O-2422, eff. 3-7-2003; Ord. 03-O-2427, eff. 9-26-2003; Ord. 05-O-2461, eff. 3-18-2005; Ord. 10-O-2585, eff. 7-22-2010; Ord. 10-O-2586, eff. 8-31-2010; Ord. 11-O-2602, eff. 2-11-2011; Ord. 11-O-2606, eff. 4-1-2011; Ord. 12-O-2625, eff. 8-3-2012; Ord. 12-O-2633, eff. 11-23-2012; Ord. 12-O-2634, eff. 1-4-2013; Ord. 14-O-2654, eff. 3-21-2014; Ord. 14-O-2661, eff. 6-20-2014; Ord. 14-O-2669, eff. 12-5-2014; Ord. 15-O-2691, eff. 11-6-2015; Ord. 16-O-2712, eff. 12-22-2016; Ord. 16-O-2715, eff. 1-7-2017; Ord. 16-O-2718, eff. 1-20-2017; Ord. 16-O-2720, eff. 1-20-2017; Ord. 17-O-2724, eff. 2-10-2017; Ord. 17-O-2734, eff. 9-8-2017; Ord. 18-O-2751, eff. 4-6-2018; Ord. 19-O-2786, eff.
8-16-2019; Ord. 19-O-2795, 12-10-2019
; Ord. 21-O-2843, eff. 10-15-2021; Ord. 22-O-2858, eff. 3-18-2022; Ord. 22-O-2860, eff. 6-10-2022; Ord. 22-O-2864, eff.
10-21-2022; Ord. 23-O-2877, eff. 7-7-2023; Ord. 23-O-2882, eff. 11-17-2023; Ord. 24-O-2885, 2-11-2024; Ord. 24-O-2892, eff.
4-18-2024; Ord. 24-O-2894, eff. 6-7-2024)
Notes
1 | 1. GOV § 12900 et seq. |
2 | 1. HSC § 50675.14. |
3 | 2. HSC § 50675.14(b)(3). |