A. Whenever used in this title, the following words, terms and phrases shall have the meaning as indicated below.
B. Additional definitions of words, terms and phrases may be provided within each chapter of this title.
C. Italicized words, terms and phrases are a type of use identified in one or more chapters of this title.
ABATED and ABATEMENT mean the complete discontinuance of any non-conforming use where no building or structure is involved, or the complete discontinuance and removal of a non-conforming building or structure, or the structural alteration of a building or structure to make it conform to the uses permitted in the zone in which the property is located.
ACCESSORY BUILDING OR STRUCTURE means a detached building or structure, part of a building or structure that is incidental or subordinate to the main structure or building or use on the same lot or parcel of land, without cooking facilities and is used exclusively by the occupant of the main building. Examples include, but are not limited to garages, carports, patio covers, storage sheds, outdoor fireplaces or barbeques, or greenhouses.
ACTIVE USE TURF means natural or synthetic turf that is installed for sports parks and fields, golf courses, or other playing surfaces and passive recreation areas.
AFFORDABLE HOUSING means rental or for-sale housing which consumes no more than 30% of a household’s gross income. Households meeting income restrictions as defined by Health and Safety Code Sections 50106, 50105, 50079.5 and 50093 (corresponding to income categories termed “extremely low”, “very low”, “lower” and “moderate” respectively) qualify for affordable housing.
AGRICULTURE means the use of land for farming, dairying, pasturing and grazing, horticulture, floriculture, viticulture, apiaries, animal and poultry husbandry, and including accessory activities but not limited to storage, harvesting, feeding, or maintenance of equipment, but excluding stockyards, slaughtering or commercial food processing.
AIRPORT, HELIPORT or AIRCRAFT LANDING FIELD means any runway landing area or other facility, either privately or publicly owned and operated, and which is designed, used or intended to be used either by a public carrier or private aircraft for the landing and taking off of aircraft, including all necessary taxiways, aircraft storage and tie-downs area, hangars and other necessary buildings and open spaces.
ALLEY means a public or private thoroughfare or way having a width of not more than thirty feet that affords only a secondary means of access to an abutting property.
ALTERATION means any change, addition, or modification in construction or occupancy of an existing building.
AMBIENT MUSIC shall mean low-volume, background music, whether amplified or not amplified, not audible to a reasonably hearing person at twenty-five (25) feet from any portion of the exterior of the building (including outdoor patios/dining areas), and which is intended to provide ambience and not to entertain.
AMENDMENT means a change in the wording, context or substance of this title bearing upon land use, or a change in the zone boundaries upon the zoning map, which map is a part of this title when adopted by ordinance passed by the City Council in the manner prescribed by law.
ANIMAL, NONTRADITIONAL DOMESTIC means poultry, miniature pigs, pygmy goats, and miniature horses.
ANIMAL, TRADITIONAL DOMESTIC means dogs, cats, hamsters, guinea pigs, white rats and/or mice, nonpoisonous snakes not exceeding six feet in length, turtles, nonpoisonous toads, lizards, salamanders, newts, chameleons, kangaroo rats, rabbits, fish, and birds.
ANIMAL, EXOTIC means any animal not explicitly permitted in this code.
ANIMAL FOSTERING means the temporary keeping of one or more animals, with a signed agreement with an accredited animal shelter or sanctuary.
ANIMAL KEEPING means the care and maintenance of one or more animals for any length of time, including on a residential property.
ANTENNA means a device used in communications that transmits or receives radio signals.
ANTENNA, DISH (also MICROWAVE ANTENNA and SATELLITE DISH) means a disk-like antenna used to link communication facilities together by wireless trans-mission of voice or data.
ANTENNA, GROUND-MOUNTED means an antenna mounted to a pole, monopole or other freestanding structure specifically constructed for the purpose of supporting such antenna.
ANTIQUES AND COLLECTIBLES DEALER means a business that primarily offers for sale furniture, decorative items, clothing, memorabilia and other items that were in style or fashion, or that represent objects, from a former time, which are of good quality, and which are not being held as collateral for a loan.
APARTMENT means a room, or a suite of two or more rooms, in a multiple dwelling, occupied or suitable for occupancy as a dwelling unit for one family.
APPEALS BOARD means a public body that reviews cases of abatement of dangerous buildings, substandard housing and determinations of the Public Nuisance Hearing Officer. The Planning Commission is designated to act as the Appeals Board.
AUTOMOBILE AND TRAILER SALES AREA means an open area, other than a public street, used for the display, sale or rental of new or used automobiles or trailers, and where no repair work is done.
AUTOMOBILE SERVICE STATION means an occupancy that provides for the servicing and repair of motor vehicles as well as the sale of gasoline and may include the retail sale of petroleum products, automotive accessories, food and beverages. All servicing and repair of motor vehicles and the display and sale of products are performed inside a building.
AUTOMOBILE WRECKING means any dismantling, disassembling or demolition of motor vehicles, trailers or other automotive equipment, or storage, sale or dumping of dismantled, partially dismantled, obsolete, or wrecked vehicles or their parts, whether or not for the purpose of salvaging and dealing in usable parts or materials.
AUTOMOTIVE (INCLUDING MOTORCYCLE, BOAT, AND TRAILER EQUIPMENT) SALES, RENTAL, STORAGE, SERVICE AND/OR REPAIR means any establishment that is involved with the sale, rental, storage, service and/or repair of automotive vehicles, including but not limited to cars, trucks, motorcycles, boats, and trailers. Business activities may include the sale and leasing of new or used automotives or trucks, vehicle storage, auto-body work, auto painting, mechanical repairs, oil changes, tune-ups, upholstery and the installation of tire, batteries and accessories, provided that the service and repair of vehicles, including the installation of parts, shall be conducted inside a building.
AUTOMOTIVE PARTS STORE means any business primarily selling equipment and/or products for the care, repair and enhancement of motor vehicles. The business may include the installation and service of those items being sold in the store, provided that there is a specified area on the premises for this type of work.
AUTOMOTIVE SALES, “SINGLE-DISPLAY” DEALER means an establishment where only one motor vehicle at a time may be displayed and sold on the premises.
BANQUET FACILITY (see RECEPTION HALL)
BAR (also TAVERN or COCKTAIL LOUNGE) means a commercial establishment, the primary purpose of which is the sale of alcoholic beverages for consumption on the premises, with or without food service, from which minors are excluded by law and which requires a “public premises”-type license issued by the California Department of Alcoholic Beverage Control.
BASEMENT (also CELLAR) means that portion of a building between floor and ceiling that is partly below and partly above the average natural grade, but so located that no portion of the perimeter of the structure is more than four feet above the average natural grade established for the building. A basement, when designed for, or occupied for business or manufacturing, or for dwelling purposes shall be considered a story.
BED AND BREAKFAST INN means a single-family residence converted to a commercial, transient occupancy use, whereby limited numbers of visitors may obtain accommodations and the breakfast meal upon the premises for a fee.
BEDROOM means any separate room normally used for sleeping purposes, whether designated as a bedroom or as a den, study, library or other similar term excluding dining room, living room, kitchen, hallway and bathroom.
BEE means any stage of the common domestic honey bee (Apis Mellifera species).
BEE COLONY means one hive and its contents, including bees, comb, and appliances.
BEE HIVE means a structure for the housing of a bee colony.
BEEKEEPING (RESIDENTIAL) means the keeping or maintenance of an apiary in a hive and production of honey, wax, and related products as an accessory use.
BEST MANAGEMENT PRACTICES (BMPs) FOR RESIDENTIAL BEEKEEPING means a Community Development Department document, containing expected industry standards and guidelines which are norms that shall be followed by residential beekeepers to minimize impacts on neighbors and others in proximity to the beekeeping property.
BLOCK means all property fronting upon one side of a street, between intersecting and intercepting streets, or between a street and a railroad right-of-way, water way, terminus or dead end street, or city boundary. Any intercepting street shall determine only the boundary of the block on the side of the street that it intercepts.
BOARDING HOUSE means a dwelling with not more than five guest rooms where lodging (with or without meals) is provided for compensation for not more than ten persons other than members of the family but shall not include a large group home or a residential care facility for the elderly. A dwelling with six or more guest rooms shall be considered a hotel.
BUILDABLE AREA means:
1. In "R" zones, any portion of a lot or building site not contained in required yards and open spaces and not exceeding the maximum percentage of the total area of the lot or building site permitted to be covered by buildings as prescribed for the zone in which the lot or building site is located.
2. In "C" and "M" zones, all of the area of a lot or site not devoted to required parking, loading facilities, setbacks or open spaces.
3. For an area contained within a site plan, the permissible buildable area shall be governed by the applicable provisions of this title concerning yards and open spaces, off-street parking, loading and unloading facilities and facilities for ingress and egress, all as correlated and shown on the map of the site plan. The buildable area as to location shall be limited to that area shown on the approved site plan.
BUILDING HEIGHT means the vertical distance measured from the ground to the highest point of the building or structure.
BUILDING, MAIN means the principal building or structure on a lot or building site designed or used to accommodate the primary use to which the premises are devoted. Where a permissible use involves more than one building or structure designed or used for the primary purpose, as in the case of group houses, each such permissible building or structure on a lot or building site as defined by this title shall be construed as comprising a main building or structure.
BUSINESS or COMMERCE means the purchase, sale, offering for sale, or other transaction involving the handling or disposition of any article, service substance or commodity for livelihood or profit; or the management or occupancy of office buildings, offices, recreational or amusement enterprises or the establishing, maintenance and use of offices, structures or premises by professions and trades.
CANNABIS CULTIVATION shall mean the planting, growing, harvesting, drying or process of marijuana (cannabis) plants or any part thereof for any purpose, excluding cultivation permitted pursuant to the Compassionate Use Act of 1996, and shall include both indoor and outdoor cultivation. For purposes of this title, the term cannabis and marijuana shall have the same meaning.
CAR RENTAL AGENCY means a business that offers to the general public the use of an approved number of automobiles that are for rent or lease. The business may include the display and storage on the premises of a fleet of vehicles for rent or lease, but the use does not include the general sales, serving or repair of these vehicles.
CARETAKER'S UNIT means a one-bedroom residential unit of not more than 640 square feet on a specified commercial or industrial property that provides housing for persons who are responsible for on-site security and maintenance during those hours when the commercial or industrial use is not operating. The caretaker unit shall be designed so that the inhabitant(s) have a direct view of the secured area. No more than one such unit shall be established on any property.
CARPORT means an accessory residential structure consisting of a roof, but not fully enclosed, providing space for the parking or storage of motor vehicles.
CARWASH means a facility where the exterior cleaning of motor vehicles is the primary activity. As part of its operation, a carwash may include ancillary retail and service business such as the sale and dispensing of gasoline and vehicle detailing work.
CELLAR (see BASEMENT).
CEMETERY means land used or intended to be used for the burial of the dead and dedicated for such purposes, including a columbarium, crematorium, mausoleum and mortuary when operated in conjunction with and within the boundaries of such premises.
CEQA means the California Environmental Quality Act, Public Resources Code Section 21000 et sec.
CENTRAL BUSINESS DISTRICT means the zoning applied to a defined area specifically described in the Fullerton CBD design guidelines, adopted by City Council.
CHILD-CARE CENTER means any type of group of child care programs housing fifteen or more children (including those living at the premises), including church and college-related nurseries, nurseries for children under minimum age for education in public schools, parent cooperative nursery schools, play groups for pre-school children, and programs covering after-school care for school children, provided such establishment is licensed by the State or County and conducted in accordance with State and local requirements.
CHILD-CARE HOME, LARGE FAMILY means a detached single-family dwelling, comprising the only dwelling on a residentially zoned lot, which provides licensed family day care to between nine to fourteen children, inclusive, including children who reside at the home.
CHILD-CARE HOME, SMALL FAMILY means a detached single-family dwelling, comprising the only dwelling on a residentially zoned lot, which provides licensed family day care to eight or fewer children, including children who reside at the home.
CHURCH (see RELIGIOUS INSTITUTION)
CLASSIFICATION means a use category in the broad list of land use in which category certain uses, either individually or as to type, are identified as possessing similar characteristics or performance standards and are permitted as compatible uses in the same zone or classification. A classification, as the term is employed in this title, includes provisions, conditions and requirements related to the permissible location of permitted uses.
CLERESTORY WINDOW means a window of no more than two and one-half feet in height and located at least six feet above floor level that is designed for light and/or air while still providing privacy.
CLINIC shall mean a place for group medical services not involving overnight housing of patients, including people and animals.
CLUB means an association of persons for some common nonprofit purpose but not including groups organized primarily to render a service that is customarily carried on as a business.
COLLECTION FACILITY means a facility that accepts (donation, redemption or sale) recyclable materials from the public. Such a facility does not use power-driven processing equipment except for bulk reverse vending machines. A collection facility may include the following:
1. Reverse vending machine(s).
2. A small collection facility that occupies an area of not more than 500 square feet, and may include:
a. A mobile recycling center as defined herein.
b. Kiosk type units and bulk vending machines.
c. Unattended containers placed for the donation of recyclable materials.
3. A large collection facility that occupies an area of more than 500 square feet and includes permanent structures.
COMMISSION means the Planning Commission of the City of Fullerton.
COMMUNICATION FACILITY (also TELE- COMMUNICATION FACILITY), COMMERCIAL means the equipment and structures, including but not limited to antennae, monopoles, panels, and satellite dishes, that are used for the reception or transmission of radio, television, microwave or other signals through space as part of a telecommunication network for commercial or business purposes.
COMMUNICATION FACILITY, NON- COMMERCIAL means the equipment and structures, including antenna, which are used for the private reception or transmission of radio, television, microwave or other signals through space. A HAM radio antenna and a satellite dish antenna for private use are examples of a noncommercial communication facility.
COMMUNITY/SOCIAL SERVICE FACILITY means a property having a residential zone classification where the existing structure is to be utilized as a gathering area for purposes including, but not limited to:
1. Social uses (teas, wedding receptions, private parties, school functions and catered luncheon or dinner parties).
2. Community agency workshops and seminars.
3. Corporate meetings and retreats.
COMMUNITY NOISE EQUIVALENT LEVEL (CNEL) means the scale for measuring noise activities which takes into account the sounds received at a point from all noise events causing noise levels above a prescribed value. Weighing factors are included which accord greater significance to noise events occurring during evening hours (7 p.m. to 10 p.m.) and even greater significance to noise events occurring at night (10 p.m. to 7 a.m.), than to noise events occurring during daytime hours (7 a.m. to 7 p.m.).
COMPOST means the safe and stable product of controlled biologic decomposition of organic materials that is beneficial to plant growth.
CONDITIONAL USE means a use permitted in one or more classifications as defined by this title, but which use because of characteristics peculiar to it, or because of size, technological processes or type of equipment, or because of the exact location with reference to surroundings, streets and existing improvements or demands upon public facilities, requires a special degree of control to make such uses consistent with and compatible to other existing or permissible uses in the same zone or zones, and to assure that such use shall not be detrimental to the public interest
CONDITIONAL USE PERMIT means a limiting authority to locate a particular use at a particular location, and which limiting authority is required to modify and establish the controls stipulated by this title in such degree as to assure that the particular use, by reason of peculiar characteristics, size, technological processes or equipment, or because of location with reference to surroundings, streets and existing improvements or demands upon public facilities, shall not unreasonably prove detrimental to surrounding properties or be inimical to the public interest.
CONFORMING BUILDING means:
1. In the residential zone classifications, a conforming building is one that fully meets the requirements of the State Housing Act and the Uniform Building Code as they pertain to residential buildings and one that also conforms to the requirements of this title in the matter of development standards and is limited to the number of dwelling units prescribed for the zone in which it is located.
2. In the commercial and industrial zone classifications, a conforming building is one that fully conforms to the location, structural design, building materials and their assembly as prescribed for commercial or industrial buildings by the Uniform Building Code, and one that also conforms to the requirements of this title with respect to the zone in which it is located.
COUNCIL means the Fullerton City Council.
COUNTY means the County of Orange.
COURT means any portion of the interior of a lot or building site which is fully or partially surrounded by buildings, and which is not a required yard or open space.
DANCE OR DANCING means movement of the human body accompanied by music or rhythm.
DANCE FLOOR means an area greater than approximately 100 square feet used for dancing, whether as a primary or accessory use.
DANCE HALL means a reception hall that is primarily devoted to dancing.
DAY CARE FACILITY, 24-HOUR (see GROUP HOME, SMALL)
dBA means the number, in decibels, which is read from a sound level meter with the meter switched to its weighting scaled labeled 'A'. The number is an approximate measurement of the relative noisiness or annoyance level of common sounds.
DENSITY means the number of dwelling units per net acre for residential uses.
DENSITY BONUS means a density increase over the otherwise maximum allowable residential density as established by the City’s General Plan.
DEVELOPMENT INCENTIVES OR CONCESSIONS means any one of the following:
1. A reduction in site development standards or a modification of zoning code requirements or architectural design requirements such as a reduction in setback, open space, parking standards, and similar requirements that result in identifiable, financially sufficient, and actual cost reductions.
2. Incorporation of commercial, office, industrial or other land uses in accordance with General Plan policies in conjunction with a housing project if such other land uses will reduce the cost of the housing development and are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located.
3. Other regulatory incentives or concessions proposed by the developer or the City that result in identifiable and actual cost reductions.
DORMITORY means a building intended or used principally for sleeping accommodations, where such building is related to an educational or public institution, including religious institutions but excluding fraternities and sororities.
DRY CLEANER means a business primarily serving the general public in which the cleaning of clothing and other fabric items is done by nonvolatile materials and chemicals on the premises.
DUMP (see LANDFILL)
DWELLING, MULTIPLE means a building, or portion thereof, designed for occupancy by three or more families living independently of each other, and containing three or more dwelling units.
DWELLING, SINGLE-FAMILY means a detached building designed exclusively for occupancy by one family and containing one dwelling unit.
DWELLING, TWO-FAMILY means a building designed exclusively for occupancy by two families living independently of each other, and containing two dwelling units.
DWELLING UNIT means one or more rooms designed for residential occupancy by one family for non-transient living and sleeping purposes and containing kitchen facilities or an area designed for the preparation of food for use solely by one family. All rooms comprising a dwelling unit shall have access through an interior door to other parts of the dwelling unit. Any living area which is designed for occupancy of more than thirty days and which has a separate food preparation area, bathroom and one or more habitable rooms with independent outside access shall be deemed a separate dwelling unit regardless of whether it is in the same building as, or immediately adjacent to, another dwelling unit.
EASEMENT means a grant of one or more property rights by the property owner for use by the public, a corporation, or another person or entity.
EASEMENT, PUBLIC SERVICE means a surfaced drive improved to city standards providing access for public service vehicles, city emergency vehicles, and the trash contractor, but not for use by the general public. A public service easement also includes reservation for all utilities, sewers and drainage purposes. Surface maintenance is by the property owner, similar to a private street.
EDGE CONDITION SITE – An infill development site that is bordered on one or more sides by a Major Arterial, Primary Arterial, Secondary Arterial or Local Collector and where there are multiple land use types and development patterns within the surrounding area.
EDUCATIONAL INSTITUTION means colleges or universities supported wholly or in part by public funds, and other colleges, universities or other schools giving general academic instruction, as determined by the Education Code of the State of California and whether operated for profit or not.
EFFICIENCY UNIT means a living unit for occupancy by no more than two persons, having a minimum floor area of 220 square feet, a separate closet, a kitchen sink, cooking appliance and refrigeration facility, and a bathroom.
ELECTRIC DISTRIBUTION SUBSTATION means an assemblage of equipment for the purpose of transforming electric energy in bulk to levels of power or voltage that can be distributed within a network to service individual properties.
EMBEDDED SITE – An infill development site that is bordered on one or more sides by a Neighborhood Street and where one land use type and development pattern constitutes a majority of the surrounding properties.
EMERGENCY SHELTER FOR HOMELESS means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less, and where shelter is provided on a first-come-first- served basis. No individual or household may be denied emergency shelter because of an inability to pay. Temporary shelters established in response to an emergency or disaster (such as flood, fire or cold-weather occurrences), or temporary shelters ancillary to a church use do not fall within this definition.
ENTERTAINMENT, shall mean any of the following: 1) dancing (by customers or by performers), 2) live musical performances (instrumental or vocal) when carried on by three or more persons, 3) music provided by a disc jockey, whether indoors or outdoors other than Ambient Music, or karaoke 4) any professional comedian or comic who tells jokes, acts out comical situations, or engages in repartee, or 5) any other similar entertainment activity involving amplified or reproduced music.
ENTERTAINMENT (MINOR ACOUSTICAL), shall mean musical performers consisting of two (2) or less café musicians, as defined in California Government Code Section 37101.5, playing acoustical instruments without the use of amplification systems. Such performers may be strolling or stationary within the establishment.
ENTIRELY ENCLOSED BUILDING OR STRUCTURE means a building or structure so designed and constructed that all exterior walls of the building shall be solid from the ground to the roof line and containing no openings except for windows and doors which are designed so that they may be closed for the purpose of controlling sound, or for other purposes.
EQUIPMENT, HEAVY means high-capacity mechanical devices for moving earth or other materials, mobile power units including, but not limited to, carryalls, graders, loading and unloading devices, cranes, drag lines, trench diggers, tractors, augers, caterpillars, concrete mixers and conveyors, and similar devices operated by mechanical power as distinguished from manpower.
EXPLOSIVE means any mixture, substance or compound having properties of such a character that alone, or in combination or contiguity with other substances or compounds, it may decompose suddenly and generate sufficient heat, gas or pressure to produce rapid flaming combustion or administer a destructive blow to surrounding objects.
FAMILY means an individual or two or more persons living together in compliance with Section 15.17.030.A of this title as a relatively permanent bona fide housekeeping unit in a domestic relationship based upon birth, marriage or other domestic bond of social, economic and psychological commitments to each other as distinguished from a group occupying a boarding house, lodging house, club, dormitory, fraternity, sorority, hotel, motel, retirement complex or rehabilitation facility.
FEE OWNER means that person or entity holding a fee simple absolute interest in a given property and appearing as the legal owner of a real property on a deed recorded in the Orange County Recorder's office on the day an application is filed.
FINANCIAL INSTITUTION means a business engaged in monetary transactions such as a bank, savings and loan, credit union, or similar entity regulated by the State of California Revenue and Taxation Code.
FITNESS FACILITY means a facility providing instruction and/or equipment designed to promote or improve the health of its users through exercise.
FITNESS FACILITY, SMALL means a facility which is less than 4,000 square feet in size and which provides instruction and/or equipment designed to promote or improve the health of its users through exercise. Examples of fitness activities include, but are not limited to dance, yoga, martial arts, spin, personal training and functional fitness workouts.
FLOOR AREA means the floor space contained within the exterior walls of all buildings on a lot, except for the space therein devoted to stairwells, elevator shafts, and light courts and except for the area on the ground floor in the main building devoted exclusively to parking of motor vehicles, or the portion of the area in an accessory building used for parking of motor vehicles.
FLOOR/AREA RATIO (FAR) means the ratio of all enclosed and usable floor area of the building(s) (including the space therein devoted to stairwells, elevator shafts, light courts, hallways, restrooms, storage areas, etc.) to the total area of the parcel or parcels upon which the buildings(s) is/are located. A basement, carport, or garage having an interior height or less than ten feet from floor plate to top plate is not included in a floor/area ratio calculation.
FOOD PREPARATION AREA means a space where food is typically stored, cleaned, prepared and/or cooked. The area includes a sink, counter and an appliance that can be used to warm or cook food.
FORTUNETELLER (also PALMREADER) means a commercial enterprise engaged in the telling of fortunes, forecasting of futures or furnishing any information not otherwise obtainable by the ordinary processes of knowledge, for or without pay, by means of any occult or psychic power, facility or force, clairvoyance, clairaudience, cartomancy, psychometry, phrenology, spirits, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mindreading, telepathy, or other craft, art, science, cards, talisman, charm, potion, magnetism, magnetized article or substance, foresight, crystal gazing, oriental mysteries or magic of any kind or nature.
FRATERNITY means a group of men organized as a chapter of a national or local "Greek" society that is recognized and endorsed by a college or university.
FREEWAY means any section of a state highway that has been declared to be a freeway by resolution of the California Highway Commission pursuant to the Streets and Highways Code.
FRIABLE means a soil condition that is easily crumbled or loosely compacted to a minimum depth per planting material requirements, where the root structure of new planted material will be allowed to spread unimpeded.
FRONTAGE means the side of a lot abutting a street.
FURNITURE REFINISHING SHOP means a business serving the general public where the treatment of furniture with solvents, stains, polish, paint or similar application having toxic and/or flammable characteristics is done on the premises.
FURNITURE UPHOLSTERY SHOP means a business serving the general public where the repair, refurbishing and/or upholstery (but not refinishing) of used furniture is done on the premises.
GARAGE, PRIVATE means an accessory building or an accessory portion of the main building designed and used primarily for the shelter or storage of vehicles owned or operated only by the occupants of the main building or buildings.
GARAGE, PUBLIC means a building enclosed on all sides, used for the care, repair or equipping of automobiles or where such vehicles are stored or are kept for hire or sale.
GOLF COURSE means a parcel of land used for playing golf, improved with tees, greens, fairways, hazards, and which may include support facilities (e.g. clubhouse, restaurant, gift shop, driving range).
GRADE, AVERAGE NATURAL means the average grade elevation prior to grading of the existing surface of the ground, paving or sidewalk within the area between a proposed building and the property line or, when the property line is more than five feet from the proposed building between the proposed building and a line five feet from the proposed building.
GRADE, EXISTING means the surface of the ground, paving or sidewalk at a stated location, as it exists prior to disturbance in preparation for a project regulated by this title.
GRADE, FINISHED means the lowest point of elevation of the graded 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 from the building, between the building and a line five feet from the building.
GRADE, NATURAL means the unaltered natural surface of the ground at a stated location.
GRAYWATER means untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing or operating wastes. “Graywater” includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers. (Health & Safety Code 17922.12). Graywater systems promote the efficient use of water and are encouraged to assist in on-site landscape irrigation. All graywater systems shall conform to the California Plumbing Code (Title 24, Part 5, Chapter 16) and applicable local ordinance standards.
GROUP HOME, LARGE means any family home, group housing arrangement or similar residential care facility as determined by the Director of the State Department of Social Services that is licensed to shelter and care for more than six persons, providing 24-hour non-medical services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual. Such facilities require state licensing.
GROUP HOME, SMALL (also 24-HOUR DAY CARE FACILITY) means any family home, group care facility or similar facility as determined by the Director of the State Department of Social Services that is licensed to shelter and care for six or fewer persons in a dwelling, providing 24-hour non-medical services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual. Such facilities require state licensing.
GUEST HOUSE or ACCESSORY LIVING QUARTERS means living quarters within an accessory building for the use of persons employed on the premises, or for temporary use of guests of the occupants of premises. Such quarters shall have no kitchen facilities and shall not be rented or otherwise used as a separate dwelling.
HABITABLE SPACE (also LIVING SPACE) means any enclosed space that meets the requirements of the Fullerton Building Code for human occupancy.
HARDSCAPE means any durable material (pervious and non-pervious).
HEALTH FACILITY means any facility, place or building licensed by the State Department of Health Services and identified by Section 1250 of the California Health and Safety Code which is organized, maintained and operated for the diagnosis, care, prevention and treatment of human illness, physical or mental, including convalescence and rehabilitation and including care during and after pregnancy, or for any one or more of these purposes, for one or more persons, to which the persons are admitted for a twenty-four hour stay or longer. Health facility includes the following types of licensed facilities identified by Health and Safety Code Section 1250 as well as any subsequent State amendments to said section: General acute care hospital, acute psychiatric hospital, skilled nursing facility, intermediate care facility, intermediate care facility/ developmentally disabled rehabilitative, special hospital, intermediate care facility/developmentally disabled and intermediate care facility/developmentally disabled nursing.
HELIPORT means an area, either at ground level or located on a structure, licensed or approved for the arrival, loading and departure of helicopters.
HIGHWAY means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. A highway includes streets and alleys.
HOME IMPROVEMENT CENTER (also HARDWARE STORE or BUILDING AND GARDEN SUPPLIES) means a business which stocks and primarily sells to the general public a wide range of materials, products and durable goods usually needed for the improvement, construction, maintenance or repair of property. Such items for sale include, but are not limited to, electrical, mechanical and plumbing supplies and fixtures, tools, paint, lumber, garden equipment and plants, outdoor furniture and general goods or appliances for household use.
HOME OCCUPATION means a business activity/occupation conducted on a property with a residential unit. The inhabitants thereof carry on the activity, which is secondary to the use for dwelling purposes. The activity does not change the character or adversely affect the residential nature of the zone of which it is a part. Home occupations may be engaged in, provided the home occupation conforms to the provisions of Section 15.17.030(M) of this title.
HOSPITAL, ACUTE CARE means an institution specializing in giving clinical, emergency, temporary, or long-term services of a medical or surgical nature to human patients and injured persons, and licensed by State law to provide facilities and services in surgery, obstetrics and general medical practice as distinguished from treatment of mental and nervous disorders, but not excluding surgical and post-surgical treatment of mental cases.
HOSPITAL, ANIMAL (also ANIMAL CLINIC) means an establishment in which veterinary services, clipping, bathing and other services are rendered to dogs, cats and other small animals and domestic pets. Use as a kennel shall be limited to short-time boarding and shall be incidental to the principal use as above described.
HOTEL means a building in which there are six or more guest rooms where transient occupancy with or without meals is provided to overnight guests for periods of thirty or fewer consecutive calendar days for compensation, and where no provision is made for cooking in any individual room or suite. A hotel may include a building in which there is one apartment for use by the resident manager, but it shall not include jails, hospitals, asylums, sanitariums, orphanages, prisons, detention homes, single-room occupancies, and similar buildings where human beings are housed or detained under legal restraint or for care or treatment. A hotel may include ancillary retail and service businesses which provide a convenience to the traveling public; such businesses include, but are not limited to, gift shops, tour and/or travel agencies and car rental services.
HOUSE TRAILER means a vehicle without motor power designed to be drawn by a motor vehicle and to be used for human habitation, including a trailer coach, camper, mobile home, or any self-propelled vehicle having a body designed for or converted to the same use as a house trailer.
HUMAN SERVICE AGENCY means any office or facility on privately held property operated and/or funded by a governmental, quasi-government or nonprofit entity other than the City which provides human services such as counseling, training, rehabilitation, shelter, medication and/or food assistance.
HYDROZONE means a portion of the LANDSCAPED AREA having plants with similar water needs and if irrigated, it is by one valve/controller station.
INVASIVE PLANTS means species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources.
IRRIGATION AUDIT means an in- depth evaluation of the performance of an irrigation system conducted by a Certified Landscape Irrigation Auditor. An Irrigation Audit must be conducted in a manner consistent with the Irrigation Association’s Landscape Irrigation Auditor Certification program.
IRRIGATION SURVEY means an evaluation of an irrigation system that is less detailed than an irrigation audit. An irrigation survey includes, but is not limited to inspection, system test, and written recommendations to improve performance of an irrigation system.
JUNK DEALER means and includes any person or enterprise having a fixed place of business in the city and engaged in, conducting, managing or carrying on the business, either wholesale or retail, of buying, selling, or otherwise dealing in any old rags, sacks, bottles, cans, papers, metal, rubber or other articles commonly known as junk.
KENNEL, COMMERCIAL means any kennel maintained for the purpose of boarding, breeding, raising or training dogs or cats for a fee or for sale.
KENNEL, NONCOMMERCIAL means any property where four or more dogs and cats, over the age of four months, are kept or maintained for the use and enjoyment of the occupant for noncommercial purposes.
KITCHEN (see FOOD PREPARATION AREA)
LANDFILL (also DUMP) means an open area devoted to the disposal of refuse, including incineration, reduction, or dumping of ashes, garbage, combustible or noncombustible refuse, but not including transfer stations or material recovery facilities.
LANDMARK DISTRICT means a designated area that contains a number of structures or natural or manmade features, which individually or collectively have historic character or historic, cultural, architectural, or aesthetic value relating to the heritage of the city, which are shown to merit preservation, restoration, and/or protection.
LANDSCAPED AREA means all the planting areas, non-active use natural turf areas, and water features on a property, including that which is provided in setbacks, parking lots, usable open space areas (private and common), and as visual open space. The LANDSCAPED AREA does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, synthetic turf (without an irrigation system), or other non-irrigated areas designated for non-development (e.g. native vegetation). The LANDSCAPED AREA also does not include that which qualifies as a SPECIAL LANDSCAPE AREA.
LAUNDRY or LAUNDROMAT means a business serving the general public in which the washing and drying of clothing and other fabric items are done on the premises.
LIMITED CONGREGATE CARE CENTER (see GROUP HOME, LARGE)
LIVE ENTERTAINMENT includes, but is not limited to, musical performances (non-ambient, live or recorded), any act, play, revue, pantomime scene, dance act, DJ, karaoke, strolling musician or any combination thereof, performed by one (1) or more persons whether or not they are compensated for their performance.
LIVESTOCK means bovine, swine (except miniature pigs), equine (except miniature horses) animals and goats (except pygmy goats), sheep, and llamas.
LOADING SPACE means an on site space or berth on the same lot or site as the building or use served thereby for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.
LOCAL LANDMARK or HISTORICAL LANDMARK means a designated building, structure, or natural or manmade feature having a historic character or historic, cultural, architectural, or aesthetic value relating to the heritage of the city that is shown to merit preservation, restoration and/or protection. A list of historical landmarks is contained in the General Plan.
LOT means:
1. A parcel of real property when shown as a delineated parcel of land with a number or designation on a subdivision map or parcel map recorded in the office of the County Recorder, and created in conformance with the Subdivision Map Act.
2. A parcel of real property when shown on a record of survey map filed in the office of the County Recorder, when such map was filed as the result of and was made a condition of a lot division, approved by the city under the authority of prior or existing ordinances.
LOT AREA, NET means the total horizontal area within the boundary lines of a lot, but not including any portion of a public street or alley.
LOT, CORNER means a lot at the intersection of two or more streets, the street frontages of which lot form an angle not greater than 128 degrees, and not less than 45 degrees.
LOT COVERAGE means the percentage of a site covered by a building footprint, including accessory buildings, plus any areas used for parking or to provide vehicular access to parking. Accessory structures (except those used for parking, e.g. carports) shall not be considered in the lot coverage calculation.
LOT DEPTH means the horizontal length of a straight line drawn from the midpoint of the lot front line and at right angles to such front line to its intersection with a line parallel to the lot front line, and passing through the midpoint of the lot rear line. In the case of a lot having a curved front line the lot front line, for purposes of this section, shall be deemed to be a line tangent to the curve and parallel to a straight line connecting the points of intersection of the lot side lines of the lot with the lot front line.
LOT, FLAG means a lot having access to a street by means of a private driveway access easement, or parcel of land not meeting the lot width requirements as identified in Title 16 of the Fullerton Municipal Code.
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S T R E E T | Reverse Corner Lot | Interior Lot | Interior Lot | Reverse Corner Lot | S T R E E T |
Key Lot | Key Lot | ||||
Interior Lot | Interior Lot | ||||
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LOT, INTERIOR means a lot other than a corner lot or reversed corner lot.
LOT, KEY means the first lot to the rear of a reversed corner lot whether or not separated by an alley.
LOT, REVERSE CORNER means a corner lot the side street line of which is substantially a continuation of the lot front line of the lot upon which the rear of said corner lot abuts.
LOT, THROUGH means a lot having frontage on two streets, including a lot at the intersection of two streets when the street sides of such lot from an internal angle of less than forty-five degrees. Corner lots and reverse corner lots as defined in this title are not through lots.
LOT WIDTH means the horizontal distance between the lot side lines measured on a line parallel with and 25 feet from the street right-of-way line. Minimum lot widths shall be as provided in Title 16 of the Fullerton Municipal Code.
MARIJUANA shall have the same definition as that set forth in California Health & Safety Code Section 11018. For purposes of this Title, the term marijuana shall include "cannabis" "cannabis concentrate", "edible cannabis product", "manufactured cannabis" and "topical cannabis".
MARIJUANA RELATED USE AND/OR ACTIVITY shall include the dispensing, cultivation, manufacture, processing, storing, testing, labeling, relabeling, packaging, repackaging, transporting, delivery, distribution, provision, or sale, or any combination thereof, of marijuana, either medicinal or recreational, except as set forth in California Business and Professions Code Section 19319, related to qualifying patients. "Marijuana-related use and activity" also has the same meaning as "commercial cannabis activity" set forth in California Business and Professions Section 19300.5(j).
MEDICAL MARIJUANA DISPENSARIES means a facility or location where medical marijuana is cultivated or by any other means made available to and/or distributed by or to two or more of the following: a primary caregiver, qualified patient, or a person with an identification card in strict accordance with State Health and Safety Code sections 11362.5 et seq and 11362.7, et seq.
MINOR EXCEPTION means a minor deviation in certain specified development standards which are consistent with the intent and purpose of Title 15.
MIXED-USE DEVELOPMENT means a property developed with at least two of the following uses: residential units, leaseable area for commercial businesses and public parking for other facilities. In a mixed-use development, commercial uses should constitute the primary activity of ground floor space in the project.
MOBILE HOME PARK (also TRAILER COURT, TRAILER PARK, or PUBLIC TRAILER CAMP) means any area or tract of land used or designed to accommodate two or more house trailers and including trailer camp as defined by law, but does not include any areas used to store unoccupied trailers.
MOBILE RECYCLING CENTER means an automobile, truck or van licensed by the Department of Motor Vehicles, which is used for the collection of recyclable material. A mobile recycling center also means the bins, boxes or containers transported by trucks, vans, or trailers and used for the collection of recyclable materials.
MONOPOLE means a structure composed of a single spire used to support communications equipment.
MORTUARY (also FUNERAL HOME) means an establishment engaged in services for the care and management of the deceased prior to burial or cremation. As part of its operation, a mortuary use may include related business activities (florist and gift shop; casket sales) on the premises.
MOTEL means a group of attached or detached buildings in which there are individual sleeping units which provide transient occupancy for periods of thirty or fewer consecutive calendar days to overnight guests for compensation where a majority of such units open individually and directly to the outside, where not to exceed twenty percent of the units have kitchens, and where a garage is attached or a parking space is conveniently located to each unit. Such word includes auto courts, motor lodges, motor courts, tourist courts, automobile courts, and automobile camps.
MULTISERVICE CENTER FOR HOMELESS means a site which is operated under the auspices of a governmental or non- profit agency, pursuant to a County or regional plan to end homelessness, for the purpose of bringing together essential services to meet the needs and development of homeless clients. Multiservice Center operations shall include intake, assessment, and individualized case management services for homeless clients. Services provided shall address basic and immediate necessities, such as overnight shelter, showers, food, medical attention and mental health services, as well as higher level needs including, but not limited to, computer access, job training and placement, life skills coaching and legal assistance. Housing would be available for up to six months, until a transitional or permanent housing option would be available.
MUNICIPAL CODE means the Fullerton Municipal Code, as amended.
NEW CONSTRUCTION means a new building with a landscape or other new landscape, such as a park, playground, or greenbelt without an associated building.
NIGHTCLUB, shall mean any bar, cocktail lounge, karaoke bar or similar establishment with Entertainment and alcoholic beverage sales operating under a Type 42 or Type 48 Department of Alcoholic Beverage Control license (on-sale general-public premises) or similar license.
NON-ACTIVE USE TURF means natural or synthetic turf that is installed for aesthetic purposes and does not serve a permanent recreational purpose.
NON-PERVIOUS means any surface or material that does not allow for the passage of water through the material and into the underlying soil.
NON-RESIDENTIAL LANDSCAPE means landscapes in commercial, institutional, industrial and public settings that may have areas designated for recreation or public assembly. It also includes portions of common interest developments with designated recreational areas.
NUISANCE, PUBLIC means any nuisance affecting at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.
NURSERY, RETAIL means property where plants are grown and/or displayed for sale to the general public.
OFFICE, GENERAL means a place where the affairs of a business or profession of a non-medical nature are conducted.
OFFICE, MEDICAL (also MEDICAL CLINIC) means a place where the affairs of a business or profession involving medical services, care or treatment are conducted. As part of its operation, a medical office use may include a pharmacy on the premises. Practitioners covered under Dentistry and Medicine within the meaning of "Healing Arts" by the Business and Professions Code of the State of California are considered medical office uses.
OPEN PARKING AREA means that portion of a property delineated for surface parking and includes the area attributable to the driveways and drive aisles to provide access and circulation to and through the parking area.
OPEN SPACE, COMMON means space within a residential development reserved for the exclusive use of residents of the development and their guests.
OPEN SPACE, PRIVATE means usable open space adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests.
OPEN SPACE, USABLE, means an outdoor area on the ground, or on a roof, balcony, deck, porch, patio or terrace designed and accessible for outdoor living, recreation, pedestrian access or landscaping, but excluding parking facilities, driveways, utility or service areas. An outdoor area that is less than 10 feet in any direction is considered visual open space and the area may be given 1/3 credit for meeting the usable open space requirements.
PARCEL means any separate piece of land.
PARKING AREA, PRIVATE means an open area other than a street, alley or other public property, which area is provided for the parking needs of occupants of a dwelling, hotel, motel, apartment hotel, apartment house, boarding house or lodging house or any other permitted or conditionally permitted use in the residential zones, to which these facilities are appurtenant.
PARKING AREA, PUBLIC means an area other than a street, alley, or private parking area as defined herein, whether in the open or enclosed in buildings, and available for use by the transient public for the parking of motor vehicles whether such parking area is established and operated privately or publicly and with or without charge.
PARKING DEVICE, AUTOMATED means an automated system that provides for vehicle storage and retrieval within an enclosed, multi-level parking structure in a space conserving configuration, utilizing an automated system to transport vehicles to and from parking spaces. This type of device may require an attendant to operate.
PARKING DEVICE, MECHANICAL means a device used for storing two vehicles, one above the other in a stacked configuration, such that the lower vehicle must be removed before the upper vehicle can be removed. This type of device is also referred to as a parking lift and is typically operated by the vehicle owners.
PARKING SPACE means an unobstructed space or area other than a street or alley that is permanently reserved, maintained, and accessible for the parking of one motor vehicle.
PARKING SPACE, COVERED means a building or portion of a building, open or enclosed by walls or doors on not more than two sides, which is designed or used to shelter a parking space.
PARKING SPACE, ENCLOSED means a building or portion of a building, completely enclosed by walls or doors on three or more sides that is designed or used to shelter a parking space.
PARKING SPACE, TANDEM means a parking space within a group of two parking spaces arranged one behind the other.
PARKING STRUCTURE means a building in which the primary function is the provision and allocation of spaces for the parking of motorized vehicles. A parking structure may be above or below grade in its design.
PARKING, SUBTERRANEAN, as it applies to Subsection 15.17.040.K, means 80 percent of the required parking is constructed completely below the natural grade.
PATIO (also COURTYARD or DECK) means an outdoor area, adjacent to a structure or building and accessible from the interior of the structure or building, which is not completely enclosed, and is open to the outside air or sky, even if covered or partially covered or wholly or partially bounded by a wall or fence, but which is paved, concreted, or otherwise adapted to outdoor recreation, dining or seating.
PATIO COVER means a structure with either a solid or open roof not exceeding 12 feet in height and covering a patio, platform, or deck area. Patio covers may be detached or attached to another building or structure. A patio cover shall not be used as a structure for a carport, garage, storage room, or a habitable room.
PEDESTRIAN AND VEHICULAR ACCESS WAYS means any improved pervious or non-pervious hardscape surface for pedestrian and/or vehicular movement including walkways, driveways, fire access drives, and private streets.
PERSON means and includes an individual, firm, co-partnership, association or corporation.
PERSONAL SERVICE FACILITY means an establishment primarily engaged in providing a direct service for individuals. Such a facility includes, but is not limited to acupuncture, permanent cosmetics, a barber and beauty salon, photography studio, tailor, tanning salon, travel and tour agency, and weight control center, but it does not include a massage establishment.
PERVIOUS means any surface or material that allows the passage of water through the material into the underlying soil.
PET SHOP means an establishment dealing in buying and selling small animals, reptiles, and birds such as are customarily or occasionally harbored in domestic establishments as pets, such as dogs, cats, parrots, canaries and other song and decorative birds, monkeys, hamsters and similar animals, but specifically excluding dangerous animals or dangerous or poisonous or constricting reptiles, providing no boarding or veterinarian services are rendered excepting bathing and clipping of dogs and cats.
PHARMACY means a business that dispenses and/or sells drugs, medicine or medication under prescription from a physician.
POOLROOM (also POOL HALL or BILLIARD PARLOR) means an establishment where the predominant activity is the playing of pool or other billiard games. Chapter 3.54 of the Fullerton Municipal Code governs a poolroom use.
PORCH means a covered platform, usually having a separate roof, at an entrance to a dwelling, or an open or enclosed gallery or room which is not heated or cooled, that is attached to the outside of a building.
PORTE COCHERE means an accessory residential structure that is open on two or more sides and attached to the side of a residence for the convenient loading and unloading of passengers and for the temporary accommodation of a passenger car when not in use.
PRINCIPAL USE means the primary or predominant use to which the property is devoted, and to which all other uses on the premises are accessory.
PRINT SHOP, INDUSTRIAL means an establishment where the primary function is to provide printing and duplicating services to businesses instead of the general public.
PRINT SHOP, RETAIL means an establishment where the primary function is to provide printing and duplicating services to the general public.
PRIVATE ENTERTAINMENT means entertainment which is limited to those persons individually invited, to which no admission charge is made, or entertainment conducted by a bona fide club, society or association, or organization incorporated for benevolent, charitable, dramatic, literary, recreational or entertainment purposes having an established membership, and which holds meetings other than such entertainment at regular stated intervals, and when the proceeds, if any, of such entertainment are used only for the purposes or such club, society, association or organization.
PROPERTY LINE means the line bounding a parcel of land.
RECEPTION HALL (also BANQUET FACILITY) means an establishment that has been designed to accommodate an assembly of people for an organized event such as a reception, banquet, dance, concert, conference, seminar or other similar type activity.
RECORDED means to be contained in the public file, or registered with the County Recorder of the County of Orange, State of California, unless otherwise stated in this title.
RECORDING STUDIO means a place where improvements or special treatment to the interior space allows the practice and recording of music and/or speech without the transmission of sound outside that space.
RECREATION, COMMERCIAL means any privately operated business or facility, either indoor or outdoor, providing a recreational or sporting type activity for the general public. Such facilities include, but are not limited to, skating rinks, miniature golf courses, racquetball and tennis courts, bowling alleys, shooting galleries and archery ranges, and swimming pools.
RECYCLABLE MATERIAL means reusable material, including, but not limited to glass, plastic and paper, which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse and hazardous materials.
RECYCLED WATER means treated or recycled wastewater of a quality suitable for nonpotable uses such as landscape irrigation and water features. This water is not intended for human consumption.
RECYCLING CENTER means a facility for the collection and/or processing of recyclable materials.
1. CERTIFIED RECYCLING CENTER or CERTIFIED PROCESSOR means a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986.
2. RECYCLING CENTER does not include storage containers or processing activity located on the premises of a commercial or manufacturing use and solely for the recycling of material generated by that business or manufacturer.
RECYCLING PROCESSING FACILITY means a building or enclosed space used for the collection and processing of recyclable materials. Processing means the separation of material for efficient shipment or to an end-user's specifications, by such means as baling, compacting, flatting, grinding, mechanical sorting, shredding, cleaning, and remanufacturing. A recycling processing facility includes the following:
1. A light recycling processing facility occupies an area of under 45,000 square feet of gross collection, processing and storage area and has up to two outbound truck shipments per day. It is limited to light processing, including can flattening or briquetting, plastic or glass grinding, sorting and baling, sufficient to qualify as a certified processing facility.
2. A heavy recycling processing facility is any processing facility other than a light processing facility.
REHABILITATION OF EXISTING LANDSCAPED AREAS means the replacement of landscape equal to or greater than 2,500 square feet.
RELIGIOUS INSTITUTION means an establishment the principal purpose of which is religious worship and for which the primary space is a sanctuary. Religious activities and services held in the sanctuary are conducted at scheduled times and in an organized fashion. The establishment may also include accessory facilities in the same or separate building including classrooms, assembly rooms, restrooms, kitchen, library or reading room, emergency shelter, subject to approval of an Application for Emergency Shelter for Homeless (Religious Institution) Permit and a single-family dwelling unit for use by the institution. Facilities for uses that have been defined separately in the Code, such as a day nursery, private school, community/social service or a human service agency, are not considered an inherent part of this establishment.
RENTED ROOM means a room or rooms within, and part of, a single-family residence that may be rented to individuals as living accommodations. A rented room is not a separate dwelling unit having its own kitchen facilities; it may or may not have separate access from the exterior.
REPAIR SHOP means any business that primarily repairs and services used appliances, office equipment, apparel and other portable items, but not motorized vehicles.
RESIDENCE means a building or structure or portion thereof, which is designed for or used to provide a place of abode for human beings, but not including hotels. The term "residence" includes the term "residential" as referring to the type of or intended use of a building or structure.
RESIDENTIAL CARE FACILITY FOR THE ELDERLY means a group housing arrangement licensed under Section 1569.2 of the Health and Safety Code, and chosen voluntarily by residents over 60 years of age, but also including persons under 60 years with compatible needs, who are provided varying levels and intensities of care and supervision or personal care, based upon their varying needs, as determined in order to be admitted and to remain in the facility.
RESIDENTIAL PRESERVATION ZONE means a type of zone classification that is applied to a mature residential neighborhood where the existing housing and environment has been determined to be a valuable asset to the city and should be preserved. This type of zone allows new development and additions to existing housing, but construction must be in keeping with the traditional character of the area. Residential preservation zones are subject to design guidelines that have been adopted by the City Council.
RESTAURANT shall mean a commercial establishment, the primary purpose of which is the sale and service of meals on-site to guests, which has suitable kitchen facilities containing the necessary appliances required for cooking unpackaged foods, and which complies with all of the applicable requirements of the Orange County Health Department related to retail food facilities.
RESTAURANT (EATING ESTABLISHMENT) means a commercial establishment whose primary use is the sale and service of meals on-site to guests and which has suitable kitchen facilities containing the necessary appliances required for cooking unpackaged foods, and which complies with all of the requirements of the local department of health and the California Department of Alcoholic Beverage Control for a bona fide public eating place pursuant to the Section 23038 of the California Business and Professions Code.
RESTAURANT (EATING ESTABLISHMENT), TAKE-OUT means any restaurant serving specialty food items such as ice cream, yogurt, pizza, donuts, or deli sandwiches, where only a limited number of seats (twelve or less) are available.
RESTAURANT WITH ENTERTAINMENT, shall mean a Restaurant (as defined in this chapter), with or without on-premise sale and consumption of alcoholic beverages, that offers Entertainment (as defined in this chapter) as a regular and consistent part of its operation and is typically open past traditional dinner hours. Typical uses include restaurants that convert to a bar or nightclub-style operation during a portion of their operating hours.
RESTAURANT WITH ON-SITE ALCOHOL SALES, shall mean a Restaurant (as defined in this chapter) where alcoholic beverages are sold to and consumed by patrons on the premises, in conjunction with the serving and consumption of a meal. Said establishment shall have and maintain all requisite permits and approvals required by the California Department of Alcoholic Beverage Control, and shall meet the requirements of a bona fide eating place as defined by Section 23038 of the California Business and Professions Code, and any successor provision thereto.
RETAIL BUSINESS means any establishment in which the primary activity is the sale of merchandise to the general public.
RETAINING WALL means any wall used to resist the lateral displacement of any material.
RETIREMENT COMPLEX means any building, place or facility housing seven or more persons developed pursuant to and in accordance with Section 15.55.030.G of this title.
REVERSE VENDING MACHINE means an automated mechanical device which accepts one or more types of empty beverage containers, including, but not limited to aluminum cans, 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 may sort and process containers mechanically provided that the entire process is enclosed within the machine.
ROOF means a structural covering over any portion of a building or structure, including the projections beyond the walls or supports of the building or structure. An open work covering shall not be considered a roof if the upper horizontal surface area of the component solid portions thereof do not exceed twenty percent of the area of the covering.
ROOM means an un-subdivided portion of the interior of a building, excluding bathrooms, closets, hallways and service porches.
SATELLITE DISH (see ANTENNA, DISH).
SCHOOL, PRIVATE means any building or facility the use of which meets state requirements for primary, secondary or higher education and which is not under the administration or regulation of a State agency. School, Private also includes educational institutions that include, without limitation, adult level, business, vocational and trade schools; boarding schools; colleges and universities; private preschools, elementary schools, middle or junior high schools and high schools; military academies; professional schools (law, medicine, etc.), seminaries/religious ministry training facilities.
SCHOOL, PUBLIC means any building or facility the use of which meets state requirements for primary, secondary or higher education and which is under the administration or regulation of a State agency.
SCHOOL, TRADE / VOCATIONAL SCHOOL means any business which offers special instruction, tutorial, or training to a group of people for the purposes of learning a specific trade or vocation. Trade/Vocational schools include, but are not limited to: medical assistant, computer programming, carpentry, equipment operation or repair, plumbing, accounting, dental hygienist, veterinary technician and welding.
SECONDHAND DEALER means any business as defined by Section 3.52.030 of the Fullerton Municipal Code.
SELF-SERVICE STORAGE FACILITY means any real property designed and used for the purpose of renting and leasing individual storage spaces to tenants who are to have access to such space for the purposed of storing and removing personal property.
SETBACK AREA (see YARD, FRONT / REAR / SIDE)
SHARED PARKING ANALYSIS means the preparation of a study utilizing methodology established by the Urban Land Institute (ULI) and Institute of Transportation Engineers (ITE) to justify a reduction in the overall number of parking spaces required in a mixed-use development where peak parking requirements are varied.
SIGNIFICANT PROPERTY means an individual building, structure or feature considered as a historical or cultural resource in the city and which is eligible for “Historical Landmark” designation. A list of Significant Properties is contained in the General Plan.
SHORT-TERM RENTAL UNIT shall mean a permanent dwelling or part of a permanent dwelling unit (single or multi-family) where lodging is provided for compensation for fewer than thirty consecutive days and can therefore be subject to applicable city land use regulations, permit/licensing requirements, fees and taxes.
SINGLE ROOM OCCUPANCY (SRO) RESIDENTIAL HOTEL means a building or structure containing six or more SRO units and developed in accordance with Section 15.30.080 of this title. Notwithstanding the above, an SRO hotel does not include a building or structure in which persons are housed or detained under legal restraint, hospitalized or otherwise under medical, nursing or psychiatric care.
SINGLE ROOM OCCUPANCY (SRO) UNIT means a living unit within an SRO residential hotel consistent with Section 17958.1 of the California Health and Safety Code which is rented to the same person for a period of more than 30 consecutive days at a rate at or below 30 percent of 50 percent of the monthly median income adjusted for a household size of one as defined by the U.S. Department of Housing and Urban Development for the Standard Metropolitan Statistical Area of Anaheim - Santa Ana - Garden Grove. SRO units shall be developed in accordance with Section 15.30.080 of this title.
SORORITY means a group of women organized as a chapter of a national or local "Greek" society that is recognized and endorsed by a college or university.
SLOPE means an inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance.
SLOPE HEIGHT means the difference between the top of the slope and the bottom of the slope, representing the vertical elevation change.
SLOPE PERCENTAGE means the SLOPE HEIGHT divided by the linear (horizontal) distance in which the vertical elevation change occurs, multiplied by 100.
SOCIAL SERVICE FACILITY (see COMMUNITY/SOCIAL SERVICE FACILITY).
SPECIAL LANDSCAPED AREA means the portion of a property dedicated solely to edible plants, recreational areas dedicated to active play such as parks, sports fields, golf courses, and where turf provides a playing surface, and water features using recycled water, and turf areas (including synthetic turf for which an irrigation system is installed) dedicated to active use.
STABLE, COMMERCIAL means any place that boards and grooms horses, where more than five adult horses are kept, or are offered or available to be kept, housed, boarded, lodged, fed, hired, trained, sold, rented or bred.
STABLE, PRIVATE means a building, or a portion of a building used to shelter or feed up to five equines.
STAND means a structure for the display or sale of products with no space for customers within the structure itself.
STORY means that portion of a building included between the surface of any floor and the surface of the floor next above it. If there is no floor above it, then the space between such floor and the ceiling next above it shall be considered a story. If the finished floor level directly above the basement or cellar is more than four feet above natural grade, such basement or cellar shall be considered a story.
STREET means a public thoroughfare that affords a primary means of access to abutting property, other than an alley but including avenue, boulevard, drive, highway, lane, place or road.
STREET LINE means the property line between a street right-of-way and the abutting property.
STREET, PRIVATE means any parcel of land not dedicated as a public street, but used or intended to be used for ingress to or egress from lots that may or may not have frontage on a public street.
STREET, SIDE means a street which is adjacent to a corner lot and a reverse corner lot and which extends in the general direction of the line determining the depth of the lot.
STRUCTURAL ALTERATIONS means any change in the supporting members of a building or structure such as foundations, bearing walls, columns, beams, floor or roof joists, girders or rafters, or changes in roof or exterior lines.
STRUCTURE means anything constructed on or in the ground, or anything erected which requires location on or in the ground, or is attached to something having location on or in the ground, but not including fences or walls used as fences less than three feet in height, or paved areas.
STUDIO means the workplace of one (1) or more individuals who are engaged in the production of works of art or handcrafts for a living, including, but not limited to, painting, sculpture, music, photography, ceramics and glass works. Such studios may also offer instruction in any of these activities.
SUNROOM means an accessory structure attached to a residence that is designed with a roof and walls that allows sunlight to warm the interior but is not constructed in a manner to be habitable space.
SUPPORTIVE HOUSING means housing with no limit on length of stay, that is occupied by the target population as defined below and that provides a significant level of onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive housing is a residential use subject only to those standards and procedures as they apply to other residential dwelling units of the same type in the same zone. Supportive housing operated as a group home shall be permitted subject to the restrictions identified in Table 15.17.020.A.
TARGET POPULATION means adults with low-income having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may, among other populations, include families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, or homeless people.
TATTOO PARLOR means any facility that engages in the activity of tattooing and body piercing, as defined and regulated by the State of California Health and Safety Code, and any business that conducts scarification and other similar forms of nonmedical body modification. Tattoo Parlors do not include a facility that only conducts ear piercing with a disposable, single-use stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear, nor shall it include a facility conducting medical procedures by any licensed physician or surgeon or the application of permanent cosmetics.
TELECOMMUNICATION FACILITY (see COMMUNICATION FACILITY).
THEATER means a facility used for the performing arts, for the showing of motion pictures, or for other kinds of public entertainment.
TOTAL LANDSCAPE AREA means the LANDSCAPED AREA and the SPECIAL LANDSCAPED AREA on a property.
TRANSIENT OCCUPANCY means occupancy for sleeping purposes in a guest room for a period of 30 or fewer consecutive calendar days
TRANSIT STATION means a facility that serves as a point of connection to a rail transit system.
TRANSITIONAL HOUSING means rental housing operated under program requirements that call for the termination of assistance and recirculation of assisted units to other eligible program recipients at some predetermined future point in time, which shall be no less than a six month period. Transitional housing operated as a group home shall be permitted subject to the restrictions identified in Table 15.17.020.A. Transitional housing is a residential use subject only to those standards and procedures as they apply to other residential dwelling units of the same type in the same zone.
TRANSMITTER, RADIO AND/OR TELEVISION means an antenna array and its associated support structure, such as a mast or tower, which is used for the purpose of transmitting and receiving radio and/or television signals in conjunction with a license approved by the Federal Communications Commission.
TUTORING CENTER means an educationally oriented facility that provides personalized academic assistance on a relatively low teacher to student ratio up to and including one-on-one tutoring. Examples of tutoring centers include, but are not limited to: math, reading, writing and language learning. These facilities are considered separate from public or private schools.
USE means the nature of the occupancy, the type of activity, or the character and form of improvements to which land is devoted or may be devoted.
USE, ACCESSORY means a use that is appropriate, subordinate, and customarily incidental to the main use of the site and which is located on the same site as the principal use.
USE, PRINCIPAL means the primary or predominant use of any lot, building or structure.
USE, UNLISTED means a use that is not specifically named as permitted in any use classification contained within this title
VARIANCE means a limited waiver of specified development standards allowed by the zoning ordinance when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. A variance shall not be granted for a use or activity which is not otherwise expressly permitted in that zone.
VEHICLE means a device by which any person or property may be propelled, moved or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks.
VEHICLE, RECREATIONAL means a vehicle towed or self-propelled and designed or used for recreational or sporting purposes. This term includes, but is not limited to travel trailers, pick-up campers, camping trailers, motor coach homes, converted trucks or buses, boats and boat trailers, and all terrain vehicles.
VENDING MACHINE means any unattended self-service device which, upon insertion of a coin, coins, or taken, or by similar means, dispenses anything of value including any food, beverage, goods, wears, merchandise or services.
VISIBLE means likely to be noticed by a person of average height walking on a public street or sidewalk.
WATER FEATURE means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscaped area. Constructed wetlands used for on-site wastewater treatment, habitat protection or stormwater best management practices that are not irrigated and used solely for water treatment or stormwater retention are not water features and, therefore, are not subject to the water budget calculation.
YARD means an open space other than a court on a lot, unoccupied and unobstructed from the ground upward, except as otherwise specifically set forth in this title.
YARD, FRONT means an area extending across the full width of the lot and lying between the lot front line and a line parallel thereto, and having a distance between them equal to the required front yard depth as prescribed in each zone. In the case of a corner lot and reverse corner lot, the lot front line shall be the line separating the narrowest street frontage of the lot from the street.
YARD, REAR means a yard extending across the full width of a site, the depth of which is the minimum horizontal distance between the rear property line and a line parallel thereto on the site, except that on a corner lot, the rear yard shall extend only to the side yard abutting the street.
YARD, SIDE means a yard between the main building and the lot side line extending from the rear line of the required front yard to the rear property line. The width of the side yard shall be measured horizontally from, and at right angles to, the nearest point of a lot side line toward the nearest wall of a main building.
ZONE means an area accurately defined as to boundaries and location, and classified by the zoning title as available for certain types of uses as defined in this title and within which other types of uses are excluded.
ZONE, OVERLAY means a special zoning district, placed over one or more previously established zones, which identifies special provisions in addition to those in the underlying zone.
ZONING ORDINANCE means Title 15 of the Fullerton Municipal Code, as amended.
D. Unless the context clearly indicates to the contrary, other words, terms and phrases shall be construed as set forth in this chapter.
(Ord. 3327 § 3, 2023; Ord. 3326 § 3 (part), 2023; Ord. 3290 § 1 (part), 2020; Ord. 3286, 2020; Ord. 3280 (part), 2020; Ord. 3270, § 1, 2019; Ord. 3269 § 1, 2018; Ord. 3267 § 3, 2018; Ord. 3255 § 2, 2018; Ord. 3254 § 1, 2018; Ord. 3252 § 1, 2017; Ord. 3248 (part), 2017; Ord. 3247 (part), 2017; Ord. 3232 (part), 2016; Ord. 3229 (part), 2016; Ord. 3227 § 1, 2016; Ord. 3226 (part), 2016; Ord. 3222 §§ 1, 2, 2015; Ord. 3197 §§ 1-3, 2013; Ord. 3195 § 1, 2013; Ord. 3190 § 1, 2013; Ord. 3189 § 1, 2013; Ord. 3144 (part), 2010; Ord. 3134 (part), 2009; Ord. 3131 (part), 2009; Ord. 3113 (part), 2008; Ord. 3111 (part), 2008; Ord. 3081, 2007; Ord. 2982, 2001; Ord. 3026, 2003)
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