When not consistent with the context, words used in the present tense include the future; words in the singular form include the plural; those in the plural form include the singular. The word "shall" is mandatory; the word "may" is permissive. The following words and phrases, when used in this chapter shall, for the purpose of this chapter, have the meanings respectively ascribed to them in this section:
ABUT: To adjoin at or along a common lot line or corner, except where such common lot line or corner is located in the right-of-way of a public street.
ACCESSORY BUILDING: Any building, the use of which is subordinate to that of the main building which includes, but is not limited to, garages, second units, recreation buildings, workshops, greenhouses, offices and storage sheds.
ACCESSORY DWELLING UNIT: Accessory Dwelling Unit (also "ADU", "second unit," or "granny unit") shall mean an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include a kitchen as defined in this Chapter, a full bath, and permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel where the primary single-family residence is situated. An accessory dwelling unit also includes an "Efficiency Unit" as defined in Health and Safety Code Section 17958.1 and a "Manufactured Home" as defined in Health and Safety Code Section 18007.
1. "ATTACHED ADU" shall mean a new ADU is constructed as a physical expansion (i.e. addition) to the primary dwelling and is attached to the single family dwelling unit by one (1) or more common walls.
2. "CONVERTED ADU" shall mean an ADU created within the interior of an existing structure that occupies part of the floor area of the existing structure, as defined in this chapter. A converted ADU does not include an ADU that would: (a) increase the height of an existing structure; (b) require removal of more than fifty (50) cubic yards as part of the excavation of an existing structure; or (c) increase the livable area of the existing structure by more than one hundred fifty (150) square feet beyond its existing physical dimensions for the purpose of accommodating ingress and egress.
3. "DETACHED ADU" shall mean a new ADU that is located on the property such that the unit does not share any walls with the single family dwelling unit or multiple family dwelling unit, and the distance between nearest point of any portion of the unit and the single family dwelling unit or multiple family dwelling unit is six feet (6') or more.
ADULT ENRICHMENT CENTER: An establishment which provides instructional, and personal improvement classes, related and secondary to its permitted primary use. An adult enrichment center shall provide such services only for persons over the age of seventeen (17) and may be held only between the hours of six o'clock (6:00) P.M. and ten o'clock (10:00) P.M.
ALLEY: Any public roadway without curbs or sidewalks having a width that does not exceed twenty feet (20') that is primarily used for access to the rear or side yards of abutting residential properties.
ARCHITECTURAL FEATURE: A decorative feature that is supported from an exterior wall of a building, has no foundation to the ground, adds no additional floor space.
ASSISTANT: A person who is subordinate to the owner of a business, including a home occupation.
AUTO GROOMING/DETAILING SERVICES: An establishment which only provides hand washing, waxing, and interior cleaning services for automobiles.
BASEMENT: The portion of a building that is below the adjacent natural grade and the ceiling of which is no more than five feet (5') above the average level of the highest and lowest points of the natural grade immediately adjacent to the exterior walls of the building.
BEDROOM: Any room which is not a kitchen, dining room, living room, family room or bathroom and which is designated as a bedroom or is capable of being used for sleeping quarters, which contains a closet, or to which a closet could be added, which has a nearby or adjacent bathroom, and which meets the requirements contained in section 23.02.10 of this chapter.
BLOCK: The property abutting on one side of a street and lying between the two (2) nearest intersecting or intercepting streets or between the termination of such street and the nearest intersecting or intercepting street. Where the boundary line of the City or where the boundary line of any zone established by this chapter intersects or intercepts a street in a block, the block shall be considered to end at the City boundary line or at such zone line.
BOARDER: An individual who regularly or temporarily gets the use of a room at another's home for pay.
BUILDING/STRUCTURE: The terms "building" and "structure" shall be synonymous and shall mean that which is framed, erected, constructed or placed to stand temporarily or permanently on a lot. Driveways, patios, decks or walks not more than six inches (6") higher than the ground on which they rest shall not be considered buildings.
CARPORT: A roofed structure, other than a garage or a porte- cochere, whether or not attached to another structure, which could be used to protect a parked vehicle from rain, sun, wind, or other similar environmental elements. Structures that are temporary in nature or are constructed in such a way as to be collapsible, and are used to shelter a vehicle, shall be considered a carport.
CIRCULAR DRIVEWAY: A driveway which has one or more curb cuts which provides an area in the front yard for turning around or parking a vehicle, and which is not necessary to provide direct access from a street to a garage.
COMMERCIAL BUILDING: Any structure used for a commercial purpose.
COMMISSION: The City Planning Commission 1 .
COMMUNITY ENRICHMENT OF SAN MARINO HIGH SCHOOL GRADUATION CELEBRATION: The design, assembly, preparation, and storage of theatrical scenery, panels, sets, and props for the annual Parent Teacher Student Association sponsored theme party for the graduating high school senior class of San Marino High School.
COMPATIBLE: Having an architectural style, visual bulk, massiveness, height, width and length which is compatible with the neighborhood and which harmonizes with the existing residential or commercial structures in the neighborhood and, in the case of a building addition, with the existing building.
CONVENIENCE MARKETS: Retail stores selling food (for off site consumption), household items and other related retail items. Convenience markets shall contain no more than four thousand (4,000) square feet of gross floor area.
CORNER LOT: A lot situated at the junction of and abutting on two (2) intersecting streets.
COUNCIL: The City Council.
COURT SURFACE: The area of a lot designated and approved for recreational court purposes. The court surface may or may not be paved or marked by permanent boundaries.
DATUM PLANE 2 : In the R-1 Zone the datum plane for a building shall be a horizontal plane passing through the average of the highest and lowest points of the existing grade along that face of the structure which is nearest to the street. In Zone C-1 the datum plane for a building shall be a horizontal plane passing through the front property line grade, as shown on the plans and profiles in the Office of the City Engineer, at a point where such property line intersects the centerline of that part of the building facing upon or approximately parallel to such street. In case there are no such plans or profiles, the City Engineer shall establish such grade.
DRIVEWAY: A paved or impervious strip of land having the purpose of providing access from the street through a curb cut to a garage.
DWELLING: Any building or portion thereof which is occupied, in whole or in part, as a home or residence.
DWELLING UNIT: One or more rooms in a dwelling designed for occupancy by one family and having only one kitchen.
EMERGENCY SHELTER: A facility that provides immediate and short term housing with minimal support services for homeless persons.
FAMILY: An immediate family related by blood, marriage or adoption, or a group of individuals who are unrelated and live together as a single housekeeping unit in a dwelling unit. This shall not include an individual paying rent to a landlord for the purpose of temporarily residing in a dwelling unit.
FENCES: A wall or similar enclosing structure made of wood, iron, masonry or other material, partially or completely opaque in its surface area.
FINISHED GROUND SURFACE: The ground surface within a yard which has been surfaced with concrete, brick, stones, bituminous materials, crushed rock, gravel, sand or similar materials or on which grass, flowers, shrubbery or trees have been planted or which has been graded in preparation for surfacing or planting.
FOOTPRINT: The area of a lot covered by the first floor of the main residential building including an attached garage but excluding covered or uncovered porches or patios, chimneys, or other architectural features.
FRONT YARD: That portion of a lot in front of the main building footprint facing the street and which extends across the entire width of the lot; provided, however, that upon vacant property, the front yard shall be the yard between the front line of the lot and the front yard setback line ascribed to such lot, and which extends across the entire width of the lot.
FRONT YARD SETBACK LINE: A line parallel with the front lot line at a distance equal to the minimum required front yard dimensions for the appropriate area district as contained within this chapter.
GARAGE: A building or portion of a building, having a door and enclosed by walls on at least three (3) sides in which motor vehicles used by occupants of the building or buildings on the lot are stored or kept.
HEDGE: A row of planted trees, shrubs or other vegetation that forms a physical boundary or barrier, or otherwise obscures visibility into or onto the property upon which it is located.
HEIGHT: The vertical distance from the datum plane to the highest part of a building, including penthouses, water tanks and their enclosures, elevator enclosures and all other roof structures, excluding chimneys and architectural features.
HEIGHT OF FENCE OR YARD WALL: The height of any fence or yard wall at any point shall be the difference in elevation between the top of the fence or yard wall and the finished ground surface at a point within one foot (1') from the fence or yard wall, measured at right angles from the lowest grade elevation.
HEIGHT OF RETAINING WALL: The height of any retaining wall shall be the height of its exposed vertical surface.
HOME OCCUPATION: The conduct of a business within a dwelling unit or residential site, employing occupants of the dwelling, with the business activity being subordinate to the residential use of the property. Examples include, but are not limited to, in-home tutoring, accountants and financial advisors, architects, artists, attorneys, offices for construction businesses (no equipment or material storage), and real estate sales. This category includes cottage food uses, consistent with State law.
IMMEDIATE FAMILY: Parents and their children, legal guardianships, mother, father, mother-in-law, father-in-law, brother, sister, brother-in-law, sister-in-law, grandparents or grandchildren.
IMPERVIOUS COVERAGE: Shall include, but not be limited to, driveways, walkways, circular driveways and sidewalks that do not allow rainwater to be directly absorbed by the ground. Compacted soil or decomposed granite that prevents percolation of runoff shall be considered impervious coverage. Surfaces such as brick pavers, laid stones, or slate adjoined to constitute one solid surface, shall be impervious coverage.
INTERIOR LOT: A lot having only one street frontage.
JUNIOR ACCESSORY DWELLING UNIT: Also known as “junior ADU” or “JADU” shall have the same meaning as defined in the California Government Code section 65852.22, as amended from time to time.
KEY LOT: A lot, the side line of which abuts the rear line of one or more adjoining lots.
KITCHEN: Kitchen shall mean a room or portion thereof containing permanent facilities designed and used for food preparation, cooking, eating and dish washing. A kitchen shall include all of the following: a sink with hot and cold running water; a built-in range, or stove-top and an oven; at a minimum, an apartment-sized refrigerator (minimum 10 cubic feet). In addition to the aforementioned improvements, a kitchen may also include any of the following: microwave, convection oven, hot plate or automatic dish washer.
LICENSED RESIDENTIAL CARE FACILITIES: State licensed facilities maintained and operated to provide nonmedical residential care, day treatment, or foster agency services for six (6) or fewer adults, children, or adults and children and which are required by State law to be treated as a single housekeeping unit for zoning purposes.
LIGHT FIXTURE(S): An assembly, including housing, reflectors and lenses, which accommodates a lamp. A supporting pole and arm are not parts of a light fixture.
LIVABLE AREA: The square footage of all floor areas of a building, including basements, measured from the exterior faces of walls, excluding the following:
A. Open porches,
B. Open patios,
C. Pergolas,
D. Garages,
E. Attics that are not provided with heating or cooling appliances or systems,
F. Basements that do not exceed the maximum allowable size under subsection 23.02.19A of this chapter,
G. Subterranean parking spaces and related turnaround areas.
Accessory buildings that are provided with heating or cooling appliances or systems shall constitute livable area. Accessory buildings that are not provided with heating or cooling appliances or systems shall constitute livable area if they provide the minimum amount of natural light and ventilation required to be considered habitable under the Building Code and are enclosed on all sides with any combination of walls, doors and windows and have a ceiling height of at least seven feet (7').
LOT: Any parcel shown on a recorded tract map or on a record of survey recorded pursuant to an approved division of land or a parcel map or otherwise approved by the Council as a building site for the construction of one main building.
LOT AREA: The gross square footage of the lot as measured along the perimeter of the lot as defined in "yard map" herein. Actual lot area is used in section 23.02.10 of this chapter.
LOT COVERAGE: The area of a lot covered by a roofed building(s) constructed on a foundation or slab, whether at ground level, above ground level or below ground level. Excluded from the definition of lot coverage are open porches and balconies in the front of the building(s) visible from the street, with an area not to exceed the lesser of one hundred fifty (150) square feet or one and one-half percent (1.5%) of the lesser of the actual lot area or statutory lot area. "Roofed" for purposes of this definition, shall mean a coverage of greater than fifty percent (50%), viewed from overhead. Such "lot coverage" is also defined to include the areas of eaves extending more than twenty four inches (24") from the structure. The first twenty four inches (24") of any eaves area shall not be counted as lot coverage. Lot coverage shall not include horizontal projections from buildings on a lot such as cornices, buttresses or chimneys.
LOT LINE: The legal boundary that separates one lot from another or a public right-of-way.
MANAGER: The City Manager of the City of San Marino or any City employee authorized by the City Manager to enforce the provisions of this Code.
MARKETS/GROCERY STORES: Retail stores selling an assortment of food (for off site consumption) and food preparation materials, household items, and other related retail items. Ancillary to the retail use, markets/grocery stores can include pharmacies, delicatessens and eating establishments allowing for on site consumption of food. The areas designated for on site consumption of food shall not exceed ten percent (10%) of the gross floor area of the market/grocery store. Markets/grocery stores must be greater than four thousand (4,000) square feet of gross floor area.
MASSAGE THERAPIST: A certified massage therapist or certified massage practitioner, as those terms are defined in chapter XI, article 11 of this Code.
MASSAGE THERAPY: "Massage or bodywork", as defined in chapter XI, article 11 of this Code.
MASSAGE THERAPY ESTABLISHMENT: Massage establishment, as defined in chapter XI, article 11 of this Code.
MINOR FIELD CHANGE: Changes to the approved plans or specifications including revisions, deletions, and additions, to the work prescribed on the approved set of plans that minimally deviates from the finishes, materials, and/or architectural features of the existing or approved structure and will not result in added lot coverage or livable area.
NEIGHBORHOOD:
A. The two (2) properties on each side of the lot;
B. All properties adjoining the rear of the lot and each property on either side of the adjoining property(ies);
C. Extending the lot's property line across the street, all property(ies) across the street within the parameters of the extension and the property on either side of those properties;
D. For houses at the end of a cul-de-sac street, all property(ies) adjoining the rear of the lot, each property on either side of those adjoining property(ies) and the three (3) properties extending from each side of the lot.
OCCUPIED: Arranged, designed or intended to be occupied.
OPAQUE FENCE COVERING: A canvas, plastic, wood or equivalent material applied to or constituting a portion of a fence which is opaque to the passage of light.
OWNER: Presumed to be the person(s) shown as the owner(s) of the real property on the last equalized assessment roll of the Los Angeles County Tax Assessor.
PARK OR PARKING: The standing or leaving of a vehicle, whether occupied or not.
PARKING SPACE: A paved or impervious area, not including a driveway or circular driveway, which is designed for parking a vehicle. A parking space may be covered, enclosed or open.
PAROLEE-PROBATIONER HOME: Any residential structure or unit, whether owned and/or operated by an individual or a for profit or nonprofit entity that houses two (2) or more parolees- probationers in exchange for monetary or nonmonetary consideration given and/or paid by the parolee-probationer and/or any public or private entity or person on behalf of the parolee- probationer. A parolee-probationer includes: a) any individual who has been convicted of a Federal crime, sentenced to a United States prison, and received conditional and revocable release in the community under the supervision of a Federal parole officer; b) any individual who has served a term of imprisonment in a State prison and who is serving a period of supervised community custody, as defined in Penal Code section 3000, and is under the jurisdiction of the California Department of Corrections, Parole and Community Services Division; and c) an adult or juvenile sentenced to a term in the California Youth Authority and who has received conditional and revocable release in the community under the supervision of a youth authority parole officer.
PLURAL NUMBER: Includes the singular.
PORTE-COCHERE: A roofed structure that provides shelter for passengers entering or exiting a vehicle.
PRESENT TENSE: Includes the future.
PRIVACY: The prevention of the visual observation of any rear or side property area from any adjoining property.
PUBLIC PARKING AREA: An open area, other than a street, used for the temporary parking of automobiles, whether available for use by the owner or his/her guests or customers or for public use, whether free, for compensation or as an accommodation for clients and customers in Zone C-1.
REAR YARD: A yard between the rear line of the lot and the rear line of the main building which extends across the entire width of the lot. Where a public alley exists at the rear lot line, one-half (1/2) but not to exceed ten feet (10') of such alley may be considered to be a portion of such rear yard; provided, however, that upon vacant property, the rear yard shall be the yard between the rear line of the lot and the rear yard setback line ascribed to such lot and which extends across the entire width of the lot.
REAR YARD SETBACK LINE: A line parallel with the rear lot line at a distance equal to the minimum required rear yard dimensions for the appropriate area district as contained within subsection 23.02.09A of this chapter.
RECREATIONAL COURT: A generally rectangular space, with dimensions of at least thirty feet by sixty feet (30'x60'), marked off or capable of being used for the purpose of playing paddle tennis or tennis. Swimming pools, badminton, basketball (half courts) and volleyball courts are not recreational courts.
REQUIRED YARD: That portion of a lot or building site upon which no portion of a main building is permitted to be constructed by the provisions of this Code.
RESIDENTIAL BUILDING: Any structure designed for use as a habitation.
RESTAURANT: Any establishment which provides facilities for the consumption of food on the premises.
RETAINING WALL: A structure made of wood, metal, masonry or other materials designed to withstand pressure exerted by earth or by water or by both.
SATELLITE DISH ANTENNAS: Antennas used for "receive only" operations from stationary synchronous earth satellites and having a reflective dish shaped element, generally circular in shape, with a diameter of greater than two feet (2'), shall be considered structures in the context of the Building and Zoning Codes.
SCHOOLS:
An educational institution organized for the teaching, research and study of a curriculum at least equivalent to that required in corresponding grades of a public school and associated sports and recreational activities; an institution empowered to confer degrees equivalent to those conferred by public schools in special departments, such as engineering, theology, law, medicine and the arts; or an accredited institution of higher learning, including related research.
SIDE STREET LINE OF A CORNER LOT: The side of a lot with the longest street frontage.
SIDE YARD: A yard between the side line of a lot and the side line of a main building and which extends from the front yard to the rear yard; provided, however, that upon vacant property, the side yard shall be the yard between the side line of the lot and the side yard setback line ascribed to such lot and which extends across the entire width of the lot.
SIDE YARD SETBACK LINE: A line parallel with the side property line at a distance equal to the minimum required side yard dimension for the appropriate area district as contained within this chapter.
SINGLE-FAMILY DWELLING: The main building on a lot designated and used exclusively for occupancy by one family.
SINGLE HOUSEKEEPING UNIT: The functional equivalent of a traditional family, whose members are an interactive group of persons jointly occupying a single dwelling unit, including the joint use of and responsibility for common areas, and sharing household activities and responsibilities such as meals, chores, household maintenance, and expenses, and where, if the unit is rented, all adult residents have chosen to jointly occupy the entire premises of the dwelling unit, under a single written lease with joint use and responsibility for the premises, and the makeup of the household occupying the unit is determined by the residents of the unit rather than the landlord or property manager.
SMOKE SHOP: An establishment where the primary use is wholesale or retail sale, distribution, delivery, display, or exchange of tobacco products, tobacco paraphernalia, or any combination of these items.
STATUTORY LOT SIZE: Shall refer to the minimum permitted size of a lot in each area district as established in this chapter.
STORAGE: The placement of a vehicle or equipment in a given location for a continuous period of more than forty eight (48) consecutive hours.
STORY: That portion of a building included between the upper surface of any floor and the upper surface of the floor next above; except, that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling above. A basement or cellar shall not be considered a story unless the ceiling thereof is more than five feet (5') above the average level of the highest and lowest points of the natural grade immediately adjacent to the exterior walls of the building.
SUPPORT POLE: A structure other than a building which is utilized to support one or more light fixtures.
TENANT: A person(s) who pays rent to a specific property owner to occupy or use their land or building for a specific period of time.
TOBACCO PARAPHERNALIA: Any item designed or marketed for consumption, use, or preparation of tobacco products.
TOBACCO PRODUCT: Includes, but is not limited to: a) any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, including but limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, and smokeless tobacco; b) any electronic smoking device; and c) any component, part, or accessory of a tobacco product, whether or not it is sold separately. "Tobacco product" does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for that approved purpose.
TRANSITORY RESIDENTIAL USE: Any residential use where the average tenancy or stay is usually less than ninety (90) days, including, without limitation, new parolee-probationer homes, safe houses, residential care facilities not licensed by the State, and other residential uses similarly transitory in nature. Transitory residential uses do not include "licensed residential care facilities" as defined by this chapter.
TUTORIAL SERVICES: A type of business designed to provide individualized instruction to persons generally in fields of general education or the arts with no more than two (2) students per one instructor on the premises at the same time in the C-1 Zone; and no more than two (2) students per one instructor on the premises at the same time in the R-1 Zone.
USED: Includes arranged, designed or intended to be used.
VEHICLE: Any mode of transportation that can be driven or towed, including, but not limited to, cars, trucks, motor homes, trailers, campers, motorcycles or boats.
WALKWAY: A paved or impervious strip of land which is not a driveway and which connects the entry of a building or buildings with a driveway, circular driveway, sidewalk, public street, alley or thoroughfare.
YARD: That portion of a lot upon which a building is situated, which remains open and unoccupied except as provided in this Code.
YARD MAP: The official "yard requirement map" which is a part of this chapter.
YARD WALL: An enclosing structure made of wood, iron, masonry or other material, generally opaque in its surface area.
ZONE MAP:
The official "zone and district map" which is a part of this chapter.
(Ord. 096-1093, 7-10-1996; amd. Ord. 098-1128, 1-13-1999; Ord. 099-1133, 7-14-1999; Ord. 0-02-1159, 2-22-2002; Ord. 0-03-1175, 12-10-2003; Ord. 0-06-1183, 5-10-2006; Ord. 0-06-1184, 5-10-2006; Ord. 0-09-1215, 7-8-2009; Ord. 0-09-1223, 12-9-2009; Ord. 0-10-1231, 5-28-2010; Ord. 0-10-1234, 7-30-2010; Ord. 0-11-1257, 7-29-2011; Ord. 0-12-1264, 5-25-2012; Ord. 0-14-1279, 6-27-2014; Ord. 0-14-1284, 12-10-2014; Ord. 0-15-1303, 1-13-2016; Ord. 0-17-1330, 11-8-2017; Ord. 0-17-1331, 11-8-2017; Ord. 0-18-1338, 7-27-2018; Ord. 0-18-1340, 10-10-2018; Ord. 0-18-1347, 1-9-2019; Ord. 0-19-1354, 10-9-2019; Ord. 0-19-1356, 11-13-2019; Ord. 0-19-1359-U, 12-11-2019; Ord. 0-20-1360-U,
1-8-2020; Ord. O-20-1368, 11-18-2020; Ord. O-21-1384, 11-17-2021)
Notes
| 1 | 1. See chapter II, article 08 of this Code. |
| 2 | 2. See section 01.03.03 of this Code. |