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COMMON AREA: Every interior or exterior area of a multi- unit residence or common interest development that residents of more than one unit of the multi-unit residence or owners of more than one unit of the common interest development are entitled to enter or use, including, for example, halls, paths, lobbies, courtyards, elevators, stairs, community rooms, recreation areas or rooms, playgrounds, gym facilities, swimming pools, jacuzzis, parking garages, parking lots, restrooms, laundry rooms, cooking areas, and eating areas. Common area shall also mean "common area" as defined in California Civil Code section 4095, or any successor legislation.
COMMON INTEREST DEVELOPMENT: A. A community apartment project as defined in California Civil Code section 4105, or any successor legislation,
B. A condominium project as defined in California Civil Code section 4125, or any successor legislation,
C. A planned development as defined in California Civil Code section 4175, or any successor legislation, and
D. A stock cooperative as defined in California Civil Code section 4190, or any successor legislation.
ELECTRONIC CIGARETTE: An electronic and/or battery operated device, the use of which may resemble smoking, which can be used to deliver an inhaled dose of nicotine or other substances. The term includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an e-cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor. The term does not include any inhaler prescribed by a licensed doctor.
ENCLOSED: Closed in by a roof and walls with appropriate openings for ingress and egress.
EXISTING LEASE: Any lease or rental agreement that allows a person to occupy a unit that was entered into before January 1, 2018.
HOME OWNERS' ASSOCIATION OR HOA: An organization or entity established for the purpose of managing and/or maintaining a common interest development. A homeowners' association shall also mean "association" as defined in California Civil Code section 4080, or any successor legislation.
HOTEL: Shall have the same definition as that set forth in title 10, chapter 3 of this Code.
LANDLORD: Any person who owns property let for residential use.
MIXED HOTEL/COMMON INTEREST DEVELOPMENT PROJECT: A project that is comprised of both a hotel and a common interest development. The project can be in any configuration such as, but not limited to, the hotel and common interest development being located in separate buildings, or the hotel and common interest development being located on separate floors of the same building.
MULTI-UNIT RESIDENCE: A residential property containing two (2) or more units on the same lot, where one or more of the units is offered for rent. The following types of housing are specifically excluded from this definition:
A. A single-family home;
B. A detached or attached accessory dwelling unit on a single-family zoned property;
C. A hotel;
D. A common interest development; and
E. A mixed hotel/common interest development project.
NEW LEASE: Any lease or rental agreement that allows a person to occupy a unit that was entered into, amended, or renewed on or after January 1, 2018. This includes any month-to-month lease that is renewed after January 1, 2018.
NONENCLOSED: A predominantly outdoor area that does not meet the definition of "enclosed", including, but not limited to, open air dining areas.
OPEN AIR DINING AREA: Any nonenclosed area located on private or public property made available to or customarily used by the general public that is designed, established or regularly used for consuming food and/or beverages or where food and/or beverages are served whether or not for compensation. This includes, but is not limited to, restaurants, hotels, bar standing and seating areas, patios, and coffee shops. An open air dining area does not include open air dining areas that are immediately adjacent to and accessory to a private smokers' lounge, as that term is defined in Labor Code section 6404.5 or its successor statute.
OWNER: The owner of a "separate interest" as that term is defined in California Civil Code section 4185, or any successor legislation.
SMOKE, SMOKING, VAPE OR VAPING: The carrying, holding, or operating of a lighted pipe, cigar, cigarette, electronic cigarette, or other kind of smoking equipment. Smoke also means the lighting, operating, emitting, or exhaling of the smoke or vapor of a pipe, cigar, cigarette, electronic cigarette or other kind of smoking equipment. Smoke also means the gaseous or vaporous products and particles created by the use of a lighted or operated pipe, cigar, cigarette, electronic cigarette or other kind of smoking equipment.
UNIT: Any personal dwelling space in a multi-unit residence or common interest development. A unit shall include any associated exclusive-use area, such as, for example, a private balcony, porch, deck, or patio. A unit shall also have the same meaning as "separate interest" as that term is defined in California Civil Code section 4185, or any successor legislation. (Ord. 14-O-2657, eff. 6-1-2014; amd. Ord. 17-O-2737, eff. 11-3-2017)