Chapter 17.04 DEFINITIONS AND STANDARDS

For the purpose of carrying out the intent of this title, words, phrases and terms shall be deemed to have the meaning ascribed to them and shall be interpreted to have the standards and include the parts, elements and the features set forth in this chapter. When not inconsistent with the context, words used in the present tense include the future; words in the singular number include the plural; words in the plural number include the singular. “Shall” is mandatory, “may” is permissive. (1964 Code Appx. A § 0.30.)

17.04.006 Abut.

“Abut” means contiguous to; for example, two adjoining lots with a common property line are considered to be abutting. (1964 Code Appx. A § 0.30.)

17.04.009 Access and/or accessway.

“Access” and/or “accessway” means the place, means or way by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a property and/or use as required by this title. (1964 Code Appx. A § 0.30.)

17.04.012 Accessory building.

“Accessory building” means a building, part of building, structure which is subordinate to and the use of which is incidental to that of the main building, structure or use on the same lot. (1964 Code Appx. A § 0.30.)

17.04.013 Accessory dwelling unit.

“Accessory dwelling unit” means an attached or detached secondary residential dwelling unit with complete independent living facilities for one or more persons subject to the provisions of Chapter 17.69 CMC. An “accessory dwelling unit” shall include permanent provisions for living, sleeping, eating, cooking, and sanitation. An “accessory dwelling unit” includes an efficiency unit, as defined in California Health and Safety Code Section 17958.1, and a manufactured home, as defined in California Health and Safety Code Section 18007. (Ord. 19-07 § 4, 2019.)

17.04.014 Accessory dwelling unit, junior.

“Junior accessory dwelling unit” or “JADU” has the meaning ascribed in Government Code Section 65852.22, as the same may be amended from time to time. (Ord. 20-10 § 5, 2020.)

17.04.015 Accessory living quarters.

“Accessory living quarters” means the same as “guest house,” CMC 17.04.291. (1964 Code Appx. A § 0.30.)

17.04.016 Accessory use.

“Accessory use” means a use incidental, appropriate, subordinate, and devoted exclusively to the main use of the lot or building. (1964 Code Appx. A § 0.30.)

17.04.021 Adjacent.

“Adjacent” means near, close, contiguous or abutting; for example, an industrial zone across a street or highway from a residential zone shall be considered as “adjacent.” (1964 Code Appx. A § 0.30.)

17.04.024 Adjoining.

“Adjoining” means across from street, highway, alley, railroad, drainage channel or directly abutting. (1964 Code Appx. A § 0.30.)

17.04.024.5

ADU, attached.

“Attached ADU” means an ADU that is constructed as a physical expansion (i.e., addition) of the primary dwelling, or the remodeling of the primary dwelling, and shares a common wall with the primary dwelling. (Ord. 20-10 § 5, 2020.)

17.04.024.6

ADU, detached.

“Detached ADU” means an ADU that is constructed as a separate structure from the primary dwelling, which does not share any walls with the primary dwelling. (Ord. 20-10 § 5, 2020.)

17.04.025 Adult-oriented businesses.

“Adult-oriented businesses” means any one of the following:

A. “Adult arcade,” as used in this title, is an establishment where, for any form of consideration, one or more still or motion picture projectors, or similar machines, for viewing by five or fewer persons each, are used to show films, computer generated images, motion pictures, videocassettes, slides or other photographic reproductions 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

B. “Adult bookstore,” as used in this title, is an establishment that has 30 percent or more of its stock in books, magazines, periodicals or other printed matter, or of photographs, films, motion pictures, videocassettes, slides, tapes, records or other form of visual or audio representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas.

C. “Adult cabaret,” as used in this title, means a nightclub, restaurant, or similar business establishment which: (1) regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or (2) which regularly features persons who appear seminude; and/or (3) shows films, computer generated images, motion pictures, videocassettes, slides, or other photographic reproductions 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

D. “Adult hotel/motel,” as used in this title, means a hotel or motel or similar business establishment offering public accommodations for any form of consideration which: (1) provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, videocassettes, slides, or other photographic reproductions 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and (2) rents, leases, or lets any room for less than a six-hour period, or rents, leases, or lets any single room more than twice in a 24-hour period.

E. “Adult motion picture theater,” as used in this title, is a business establishment where, for any form of consideration, films, computer generated images, motion pictures, videocassettes, slides or similar photographic reproductions are shown, and 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

F. “Adult theater,” as used in this title, means a theater, concert hall, auditorium, or similar establishment which, for any form of consideration, regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities.

G. “Modeling studio,” as used in this title, means a business which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display specified anatomical areas to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. “Modeling studio” does not include schools maintained pursuant to standards set by the State Board of Education. “Modeling studio” further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group of artists, and which does not provide, permit, or make available specified sexual activities. (Ord. 97-1813 § 5, 1997.)

17.04.027 Advertising structure.

“Advertising structure” means a sign soliciting public support or directing public attention to the sale, lease, hiring or use of any objects, products or services which are not produced, sold, or otherwise available on the premises where such sign is erected and maintained. “Advertising structure” also means a sign upon which a visual message is delivered to members of the general public concerning candidates for public offices and other matters relating to elections as well as public service announcements. (1964 Code Appx. A § 0.30.)

17.04.030 Advisory agency.

“Advisory agency” means the planning commission which is herein designated as the advisory agency to the city council on all matters related to the zoning and use of land and structures. (1964 Code Appx. A § 0.30.)

17.04.031 Agricultural employee.

“Agricultural employee” means a person employed for the purpose of engaging in agriculture, including: farming in all its branches and, among other things, includes the cultivation and tillage of the soil, dairying, the production, cultivation, growing and harvesting of any agricultural or horticultural commodities (including commodities defined as agricultural commodities in 12 U.S.C. § 1141j(f)), the raising of livestock, bees, furbearing animals, poultry, and any practices performed by a farmer or on a farm as an incident or in conjunction with such farming operations, including preparation for market and delivery to storage or to market or to carriers for transportation to market. (Ord. 20-10 § 5, 2020.)

17.04.032 Agricultural employee housing.

“Agricultural employee housing” means any living quarters or accommodations of any type specifically for agricultural employees and which comply with California Health and Safety Code Sections 17008 and 17021.6 and other applicable provisions of the Employee Housing Act. Agricultural employee housing providing accommodations for six or fewer employees shall be deemed a single-family use. (Ord. 20-10 § 5, 2020.)

17.04.033 Airport.

“Airport” means any area which is used or is intended to be used for the taking off and landing of aircraft, including helicopters, and appurtenant areas which are used or are intended to be used for airport buildings or facilities, including open spaces, taxiways and tie-down areas. (1964 Code Appx. A § 0.30.)

17.04.036 Aisle.

“Aisle” means an accessway to required vehicular parking spaces within a private, public or semipublic parking lot. (1964 Code Appx. A § 0.30.)

17.04.039 Alley.

“Alley” means a public or private way at the rear or side of property, permanently reserved as a means of secondary vehicular access to abutting property. (1964 Code Appx. A § 0.30.)

17.04.042 Altered.

“Altered” means the same as “structural alterations.” (1964 Code Appx. A § 0.30.)

17.04.043 Alternative transportation.

“Alternative transportation” means modes of transportation other than the single-passenger motor vehicle, such as carpools, vanpools, buspools, public transit, walking and bicycling. (Ord. 93-1750 § 2, 1993.)

17.04.045 Amendment.

“Amendment” means an addition, deletion or a change in the wording, context or substance of this title or the zoning map made a part of this title. (1964 Code Appx. A § 0.30.)

17.04.046 Ancillary use.

“Ancillary use” means the same as “accessory use,” CMC 17.04.016. (Ord. 19-04 § 4, 2019.)

17.04.048 Animal hospital.

“Animal hospital” means a place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. Use as a kennel shall be only incidental to such hospital use. (1964 Code Appx. A § 0.30.)

17.04.051 Antique shop.

“Antique shop” means a place where articles, merchandise and furniture are sold which are over 50 years old, or are sold for a higher price than originally purchased. (1964 Code Appx. A § 0.30.)

17.04.054 Apartment.

“Apartment” means a room or suite of two or more rooms in a multiple dwelling, occupied or suitable for occupancy as a residence for one family. (1964 Code Appx. A § 0.30.)

17.04.057 Apartment hotel.

“Apartment hotel” means a building or portion thereof containing a combination of at least six apartments and hotel units at a ratio of three hotel units for each apartment unit within a single structure. (1964 Code Appx. A § 0.30.)

17.04.060 Apartment house.

“Apartment house” means a building or portion thereof designed or used for three or more dwelling units, or a combination of three or more dwelling units, and not more than five guest rooms or suites of rooms. (1964 Code Appx. A § 0.30.)

17.04.063 Assessor.

“Assessor” means the county assessor. (1964 Code Appx. A § 0.30.)

17.04.064 Assisted living facility.

“Assisted living facility” means a residential building, complex, or buildings that provide housing and limited personal and health care services for its residents, and is designed for individuals who need some assistance with daily activities but do not require nursing home care. Assisted living facilities may include a kitchen, private bathroom, and living area within individual rooms. (Ord. 19-04 § 5, 2019.)

17.04.066 Auto court.

“Auto court” means the same as “motel,” CMC 17.04.420. (1964 Code Appx. A § 0.30.)

17.04.069 Automobile and trailer sales lot.

“Automobile and trailer sales lot” means an open area used for the display, sales and/or rental of new or used automobiles and trailer coaches, but where no repair, repainting or remodeling is done. (1964 Code Appx. A § 0.30.)

17.04.070 Automobile impound.

“Automobile impound” means a business operated in conjunction with automobile towing, which offers the temporary storage of operable and inoperable vehicles. Automobile impound does not include stacking, dismantling, long-term storage, crushing or dumping of vehicles or trailers or the sale of parts thereof. (Ord. 91-1730 § 1(A), 1991.)

17.04.072 Automobile repair services (minor).

“Minor automobile repair services” means limited scope of mechanical and electrical repair and maintenance of automobiles, motorcycles, trucks, trailers, or similar vehicles. Examples of minor repair services are muffler and radiator shops, quick-lube, battery charging, smog check, brakes, and tires sales and shops. All uses are conducted within an enclosed building or structure. (Ord. 23-10 § 4, 2023; 1964 Code Appx. A § 0.30.)

17.04.073 Automobile repair services (major).

“Major automobile repair services” means the repair, alteration, restoration, towing, painting, or finishing of automobiles, trucks, recreational vehicles, boats, and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. This use includes major engine and/or transmission repair and bodywork repair facilities dealing with entire vehicles; such establishments typically provide towing, collision repair, other bodywork, and painting services and tire sales and repair establishments. All uses are conducted within an enclosed building or structure. (Ord. 23-10 § 5, 2023.)

17.04.075 Automobile service station.

“Automobile service station” means a business which offers for sale gasoline from pumps, tires, tubes, batteries and lubricants, and which may offer, in addition, such related services as battery charging, tube and tire repairs, nonmechanical auto washing, lubrication services, minor motor tune-ups, brake services, wheel alignment, and where otherwise permitted in the zone where located the rental of trailers, cars or trucks from the premises where parking stalls are provided for the storage of such vehicles. The storage of merchandise for such sales and for the performance of such services is included. This definition does not include major motor tune-ups, automobile repairs, body and fender work, overhauls, painting, upholstery work, auto glass work, welding, tire recapping or auto dismantling; nor the sale of trailers, cars, trucks and boats stored upon the premises. (Ord. 1574 § 1, 1984; 1964 Code Appx. A § 0.30.)

17.04.076 Automobile towing.

“Automobile towing” means a business which offers the service of towing vehicles and storage of not more than two inoperable vehicles on the premises for periods of up to 72 hours per vehicle. (Ord. 91-1730 § 1(B), 1991.)

17.04.078 Automobile wrecking.

“Automobile wrecking” means the wrecking or dismantling of used motor vehicles or trailers, or the storage of, sale of or dumping of dismantled, partly dismantled, obsolete or wrecked motor vehicles or their parts. Except as part of the operation of an automobile impound yard, the presence of three or more inoperable vehicles or parts thereof for periods in excess of 30 days shall be deemed to be de facto automobile wrecking for purpose of zoning ordinance enforcement regardless of the zone district in which such activity occurs. This definition does not apply to the incidental storage of inoperative or disabled vehicles which are undergoing timely and bona fide repair in connection with the legal operation of an automobile repair garage or automobile body and fender repair shop. (Ord. 91-1730 § 1(C), 1991; 1964 Code Appx. A § 0.30.)

17.04.081 Average angle setback.

“Average angle setback” means the relationship between the height of a building and its distance from a given property line as determined by a given angle measured from a given point or line. The average angle setback shall be determined in the following manner:

Actual angle setback of building	X	The length of building of the setback	=	Average angle setback
Lot Frontage

(1964 Code Appx. A § 0.30.)

17.04.084 Bachelor apartment.

“Bachelor apartment” means a one-room apartment designed, used or intended to be used, rented or hired out as living accommodations for one person, consisting of living, sleeping, eating, cooking and sanitation facilities. With the exception of sanitary facilities, all amenities are provided in a single room. (Ord. 04-1901 § 1, 2004; 1964 Code Appx. A § 0.30.)

17.04.087 Basement.

“Basement” means a space wholly or partly underground, and having more than one-half of its height, measuring from its floor to its ceiling, below the average adjoining grade. If the finished floor level directly above a basement is more than six feet above grade at any point, such basement shall be considered a story. A basement shall not be occupied for sleeping purposes. (1964 Code Appx. A § 0.30.)

17.04.090 Billboard.

“Billboard” means any sign or advertising structure used as an outdoor display for advertising which does not pertain to the business or activity on the premises where the sign or advertising structure is located, but shall not include official notices, etc., listed as excluded under “Advertising structure,” CMC 17.04.027. (1964 Code Appx. A § 0.30.)

17.04.093 Billiard parlor.

“Billiard parlor” means any public place maintaining as an ancillary or primary use two or more tables upon which billiards, pool, snooker or similar game is played with ball and cue and for which a fee is charged. (1964 Code Appx. A § 0.30.)

17.04.096 Block frontage.

“Block frontage” means all property fronting on one side of a street between intersecting and intercepting streets, or between a street and right-of-way, waterway, end of a cul-de-sac, or city boundary. An intercepting street shall determine only the boundary of the block frontage on the side of the street that it intercepts. Where the city boundary intersects or intercepts a street in a block as described herein, the block shall be considered to end at the city boundary. (1964 Code Appx. A § 0.30.)

17.04.099 Boarding and/or rooming house.

“Boarding and/or rooming house” means a building containing a single dwelling unit and with not more than five guest rooms where lodging is provided with or without meals for compensation, not including rest homes or homes for the aged. (1964 Code Appx. A § 0.30.)

17.04.100 Bona fide eating establishments.

“Bona fide eating establishment” means an establishment engaged in the sale of food and nonalcoholic beverages for consumption on or off the premises, and may include incidental serving of alcoholic beverages for consumption on the premises where no more than 30 percent of the gross floor area of the building is dedicated to a bar and storage of alcoholic beverages. Typically, the patrons order the alcoholic and nonalcoholic beverages and food items while seated, are served by waiter/waitress, and pay after eating and drinking. For establishments with incidental sale of alcoholic beverages, a minimum of 50 percent of revenue must be derived from the sale of food. Take out or delivery service may be provided. The sale or service of sandwiches or salads or snack foods whether prepared in the kitchen or made elsewhere and heated upon the premises shall not constitute a bona fide eating establishment. (Ord. 23-10 § 4, 2023; Ord. 1642 § 1, 1987.)

17.04.101 Eating and drinking establishments.

“Eating and drinking establishments” means the establishments primarily engaged in providing food and beverage services, including the sales of alcoholic beverages to patrons for immediate consumption within the same premises. Examples of establishments are restaurants and bars, standalone bars or taverns, restaurants and microbreweries. (Ord. 23-10 § 5, 2023.)

17.04.102 Breezeway.

“Breezeway” means a roofed passageway, open on at least one side, where the roof is in keeping with the design and construction of the main building. The breezeway shall be considered an inner court created by a roof structure connecting two buildings. The space between buildings connected by a breezeway shall be not less than six feet in length, as required in Distance between buildings, CMC 17.26.160. (1964 Code Appx. A § 0.30.)

17.04.105 Building.

“Building” means any structure built and maintained for the support, shelter or enclosure of persons, animals, chattels or property of any kind. No building shall be located within any future widening of an existing right-of-way set forth on the general plan of the city. “Building,” as used in this title, includes “structure.” (1964 Code Appx. A § 0.30.)

17.04.108 Building, height of.

“Height of building” means the vertical distance measured from the adjoining curb level to the highest point of the building, exclusive of chimneys and ventilators and other exceptions to building height permitted in the zones; provided, however, that where buildings are set back from the street line, the height shall be measured from the average elevation of the finished grade at the front of the building. (1964 Code Appx. A § 0.30.)

17.04.111 Building line.

“Building line” means a line on private property, established by ordinance, which regulates the location of buildings and/or structures as they relate to rights-of-way of alleys, streets, highways, railways and drainage channels. (1964 Code Appx. A § 0.30.)

17.04.114 Building, main.

“Main building” means a building within which is conducted the principal use permitted on the lot, as provided by this title. (1964 Code Appx. A § 0.30.)

17.04.115 Building permit.

A building permit is required for all fences and walls regardless of height or location. Building plans of the structure must be prepared and plans checked for structural safety by the city. The building permit is issued by the city building official. (Ord. 23-07 § 4, 2023.)

17.04.117 Building setback line.

“Building setback line” means the minimum distance, as prescribed by this title, between the property line of a lot or parcel of land and any point on a building or structure related thereto, exclusive of those architectural features permitted to extend into such required yards or open spaces. (1964 Code Appx. A § 0.30.)

17.04.120 Building site.

“Building site” means the ground area of a building together with all the open space required by this title. (1964 Code Appx. A § 0.30.)

17.04.123 Bungalow court.

“Bungalow court” means a group of two or more detached buildings used or intended to be used as one-family or two-family (duplex) dwellings, located on a single lot, together with all of the open spaces required by this title, but not including tourist courts, motor courts or motels. (1964 Code Appx. A § 0.30.)

17.04.126 Business.

“Business” means the same as “Commerce,” CMC 17.04.153. (1964 Code Appx. A § 0.30.)

17.04.129 Cabana.

“Cabana” means a detached structure used as a bathhouse or related to a residential trailer. The structure shall not be used for sleeping purposes. (1964 Code Appx. A § 0.30.)

17.04.130 California Environmental Quality Act (CEQA).

“California Environmental Quality Act (CEQA)” is a statute that requires all jurisdictions in the state of California to evaluate the extent of environmental degradation posed by proposed development. (Ord. 93-1750 § 2, 1993.)

17.04.132 Carnival.

“Carnival” means an operation within a common perimeter of rides, entertainment, food service and games of skill. (1964 Code Appx. A § 0.30.)

17.04.133 Carpool.

“Carpool” means a group of two to six persons who regularly commute together to and from work in an automobile. (Ord. 93-1750 § 2, 1993.)

17.04.135 Carport.

“Carport” means a permanent roofed structure with not less than three enclosed sides, used for automobile shelter and automobile storage. (1964 Code Appx. A § 0.30.)

17.04.138 Centerline.

“Centerline” means the same as “Street centerline,” CMC 17.04.552. (1964 Code Appx. A § 0.30.)

17.04.141 Chapel.

“Chapel” means a permanently located building used for public or private purposes, including prayer, worship, weddings or special services. Such building shall be fully enclosed with walls (including windows and doors) and shall conform to applicable legal requirements affecting design and construction. (1964 Code Appx. A § 0.30.)

17.04.143 Chief planning official.

“Chief planning official” means the director of community development or his designee, who is responsible for the administration and supervision of the planning division of the community development department for the city of Covina. References in this title to director, planning director, city planner or planning official shall be deemed to refer to the chief planning official. (Ord. 23-02 § 4, 2023; Ord. 1661 § 2, 1988.)

17.04.144 Church.

“Church” means a permanently located building commonly used for religious worship. Such building shall be fully enclosed with walls (including windows and doors), having a roof (canvas or fabric excluded) and shall conform to applicable legal requirements affecting design and construction. (1964 Code Appx. A § 0.30.)

17.04.145 City building official.

The city building official is responsible for plan checking the structure and safety of, and inspecting, all wall and fence plans. (Ord. 23-07 § 5, 2023.)

17.04.146 City.

“City” means the city of Covina. (Ord. 23-07 § 6, 2023.)

17.04.147 Clinic.

“Clinic” means a place for group medical services not involving overnight housing of patients. (1964 Code Appx. A § 0.30.)

17.04.150 Club.

“Club” means an association of persons (whether or not incorporated), religious or otherwise, for social purposes, but not including groups which are organized primarily to render a service carried on as a business for profit. (1964 Code Appx. A § 0.30.)

17.04.153 Commerce.

“Commerce” means the purchase, sale or other transaction involving the handling or disposition (other than that included in “industry” as defined in CMC 17.04.324) of any article, substance or commodity for livelihood or profit, including in addition, operation of automobile or trailer parks, tourist courts and motels, public garages, office buildings, offices of doctors and other professionals, outdoor advertising signs and structures, public stables, recreational and amusement enterprises conducted for profit (excluding temporary carnivals when engaged in civic, religious, educational, fraternal or charitable endeavor only), shops for sale of personal services, places where commodities or services are sold or are offered for sale, either by direct handling of merchandise or by agreements to furnish them, but not including dumps and junkyards. (1964 Code Appx. A § 0.30.)

17.04.156 Commission or planning commission.

“Commission” or “planning commission” means the planning commission of the city. (1964 Code Appx. A § 0.30.)

17.04.158 Community apartments.

“Community apartments” means any apartment house where an undivided interest in the title to the real property, such as tenancy in common, is coupled with the right of exclusive occupancy of a separate apartment unit. (Ord. 1445 § 1, 1980.)

17.04.158.5

Community gardens.

“Community gardens” means a light garden area consisting of small plots for use by private individuals for recreational gardening. (Ord. 1711 § 1, 1990.)

17.04.159 Compatible use.

“Compatible use” means a use that, by its manner of operation, is suitable in the district in which it may be nonconforming. The use of land and/or buildings shall be in harmony with the uses on abutting properties in the same district. (1964 Code Appx. A § 0.30.)

17.04.162 Condominium.

“Condominium” means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residence. A condominium may include, in addition, a separate interest in other portions of such real property. (1964 Code Appx. A § 0.30.)

17.04.163 Congestion management program (CMP) network.

“Congestion management program (CMP) network” is a system of highways and roadways within the county of Los Angeles that includes all state highways and principal arterials and has been designated under the county’s congestion management program for the purpose of monitoring traffic congestion. (Ord. 93-1750 § 2, 1993.)

17.04.165 Contiguous.

“Contiguous” means the same as “abut,” CMC 17.04.006. (1964 Code Appx. A § 0.30.)

17.04.168 Convalescent home.

“Convalescent home” means the same as “rest home,” CMC 17.04.486. (1964 Code Appx. A § 0.30.)

17.04.171 Corner cutback.

“Corner cutback” means the reserved open space for maintenance of adequate and safe visibility for vehicular and pedestrian traffic at all intersections of streets, alleys and/or private driveways, as provided in the zones. The space shall be kept free of buildings, structures and landscaping, which would constitute a visual obstruction. In no case shall landscaping and/or structures permitted in the required corner cutback area exceed three feet in height, measured from the established street grade.

Figure 17.04.171(A). Corner Cut-Back Area

(Ord. 23-07 § 7, 2023; 1964 Code Appx. A § 0.30.)

17.04.172 Cottage food business.

“Cottage food business” shall have the same meaning as “cottage food operation” set forth in Health and Safety Code Section 113758, as may be amended from time to time. (Ord. 17-17 § 6, 2017.)

17.04.174 Court.

“Court” means an open, unoccupied space, other than a yard, on the same lot with the building or buildings and bounded on two or more sides by such building and/or buildings. (1964 Code Appx. A § 0.30.)

17.04.177 Court, apartment.

“Apartment court” means a group of dwellings, arranged about two or more sides of a court which opens into a dedicated street or public way. (1964 Code Appx. A § 0.30.)

17.04.180 Court, inner.

“Inner court” means a court enclosed on all sides by exterior walls of a building or by exterior walls and lot lines on which walls are allowable. (1964 Code Appx. A § 0.30.)

17.04.183 Court, outer.

“Outer court” means a court enclosed on not more than three sides by exterior walls and lot lines on which walls are allowable with one side or end open to a street, driveway, alley or yard. (1964 Code Appx. A § 0.30.)

17.04.186 Coverage.

“Coverage” means that portion of a lot or building site which is occupied by any building or structure, regardless of whether the building or structure is intended for human occupancy. (1964 Code Appx. A § 0.30.)

17.04.187 Crankcase oil tanks.

“Crankcase oil tanks” means aboveground tanks having less than 500 gallons of capacity which are used for the temporary collection and storage of motor drain oil from engine crankcases. All such tanks shall be subject to site plan review and shall be screened from view to city approval in an attractive and architecturally compatible manner. (Ord. 1709 § 1, 1990.)

17.04.189 Dance hall.

“Dance hall” means the same as “public dancing place,” CMC 17.04.474. (1964 Code Appx. A § 0.30.)

17.04.192 Day nursery.

“Day nursery” means any group of buildings, building or portion thereof used primarily for the daytime care of children. (1964 Code Appx. A § 0.30.)

17.04.193 Developer.

“Developer” means the person who is responsible for the planning, design and construction of a development project that is subject to the provisions of Chapter 17.64 CMC. (Ord. 93-1750 § 2, 1993.)

17.04.194 Development.

“Development” means the construction, remodeling, or expansion of buildings, structures, or parking lots intended for residence, commerce, trade, industry, or other purposes in appropriate locations. (Ord. 93-1750 § 2, 1993.)

17.04.195 Development agreement.

“Development agreement” means an obligation entered into on the part of a developer and a jurisdiction as specified under Section 65864 of the California Government Code. (Ord. 93-1750 § 2, 1993.)

17.04.195.5

Distribution centers.

“Distribution centers” are industrial buildings built or used for short-term, high-cube storage characterized by fast intake and rapid shipment of goods driven by customer demand. A typical distribution center has high on-site automation and logistic movements. The primary aim of distribution centers is to get the goods out to the customers as soon as possible and, therefore, may include a high level of activities working around the clock daily to process, pack, and send orders to customers. Distribution centers are not traditional warehouse facilities because the business operations do not fit the characteristics of more static and long-term storage of manufactured goods. Distribution centers do not include “big box” discounts or warehouse stores that sell to the general public. Distribution centers shall be subject to conditional use permits to ensure the operation of the use will not have adverse impacts on the public peace, health, and safety of the city’s residents. Examples of distribution centers are e-fulfillment centers, parcel hubs and sortation centers, parcel delivery centers and urban logistics depots, fast delivery hubs, and last-mile delivery centers, as described below:

A. E-fulfillment centers are large facilities assembling individual online orders, typically between half a million to a million square feet in building size. Operational characteristics include a high number of items held in inventory, high rack storage, and partially to fully automated orders shipped through parcel services and located near parcel hubs.

B. Parcel hubs and sortation centers arrange shipments by their regional and local destinations and tend to be large-sized facilities of up to 500,000 square feet. Operational characteristics include sorting parcels bound to an area by smaller units such as postal code, sending to local postal offices for last-mile delivery, or subcontracting delivery services such as parcel delivery centers and urban logistic depots or fast delivery hubs and last-mile delivery centers.

C. Parcel delivery centers and urban logistics depots are medium-sized facilities between 200,000 to 300,000 square feet. Operational characteristics include a high level of activities working around the clock daily to sort parcels to be placed on specific delivery routes; the parcels are usually loaded into delivery vans or other specialized urban delivery vehicles.

D. Fast delivery hubs and last-mile delivery centers are small facilities of up to 100,000 square feet. Operational characteristics include a high level of daily activities working around the clock to sort parcels to customers, organizing the last mile deliveries and parcels placed on delivery routes; parcels are usually loaded into delivery vans or other specialized urban delivery vehicles. (Ord. 23-10 § 5, 2023.)

17.04.196 Dormitory.

“Dormitory” means a guest room designed, intended for or occupied as sleeping quarters by more than two persons. Every 100 square feet of a total enclosed floor area in a dormitory shall be considered as a separate guest room for purposes of calculating off-street parking requirements. (Ord. 93-1750 § 2, 1993; 1964 Code Appx. A § 0.30.)

17.04.198 Drainage channel.

“Drainage channel” means any existing or proposed open ditch, open culvert or open channel, created, designed or constructed to transmit water for flood control or irrigation purposes, which existing or proposed ditch, culvert or channel is delineated on county flood control district plans or on drainage plans prepared by the city. (1964 Code Appx. A § 0.30.)

17.04.199 Dripline.

“Dripline” means a vertical line extending from the outermost portion of a tree canopy to the ground. (Ord. 1568 § 1, 1984.)

17.04.201 Driveway.

“Driveway” means an accessway to a required off-street parking lot or facility and shall be paved with hard, durable asphaltic paving at least two and one-half inches thick after compaction, or with portland cement paving at least four inches thick at a width as hereinafter provided:

A. Driveways serving not more than four dwelling units shall be paved to a minimum width of not less than nine feet;

B. Driveways serving five or more dwelling units when accommodating one-way vehicular traffic shall be paved to a minimum width of not less than nine feet, and when accommodating two-way vehicular traffic shall be paved to a minimum width of 18 feet;

C. Driveways serving other than residential uses shall be paved to a minimum width of 15 feet to accommodate one-way vehicular traffic and a minimum of 25 feet when accommodating two-way vehicular traffic.

All driveways shall be encumbered to a height of not less than eight feet. (1964 Code Appx. A § 0.30.)

17.04.202 Drive-up kiosks.

A “drive-up kiosk” is secondary to a primary use found on the site but not necessarily related to the primary use. A drive-up kiosk is a permanent use and a small standalone structure with one side open and usually manned by one or two individuals serving customers driving up in their cars. A drive-up kiosk shall comply with additional regulations in CMC 17.62.190(H). (Ord. 23-10 § 5, 2023.)

17.04.203 Drive-through facilities.

For this section, drive-through or drive-in facilities are the same. “Drive-through facilities” are designed to serve and accommodate patrons or customers while remaining in their automobiles. New drive-throughs and expansions of existing drive-through facilities shall be designed to ensure compatibility with adjacent uses, enhance the streetscape frontage, provide adequate buffers, ensure safe pedestrian accessibility, and include outdoor amenities to service patrons. Drive-through or drive-in facilities shall comply with additional regulations in CMC 17.62.020(A). (Ord. 23-10 § 5, 2023.)

17.04.204 Dump.

“Dump” means a place used for the disposal, abandonment, discarding, dumping, reduction, burial, incineration, or by any other means of any garbage, trash, refuse or waste material. (1964 Code Appx. A § 0.30.)

17.04.207 Duplex.

“Duplex” means the same as “two-family dwelling,” CMC 17.04.219. (1964 Code Appx. A § 0.30.)

17.04.210 Dwelling.

“Dwelling” means a building or portion thereof designed and used exclusively for residential occupancy, including one-family, two-family and multiple dwellings, but not including hotels, boarding or rooming houses. (1964 Code Appx. A § 0.30.)

17.04.213 Dwelling, multiple.

“Multiple dwelling” means a detached building designed and used for occupancy by two or more families, all living independently of each other and having separate kitchen facilities for each family. Notwithstanding the above, “multiple dwelling” shall not include the combination of a single-family dwelling and a second unit upon the same lot. (Ord. 04-1901 § 3, 2004; 1964 Code Appx. A § 0.30.)

17.04.215 Dwelling, second unit.

Repealed by Ord. 19-07. (Ord. 04-1901 § 2, 2004.)

17.04.216 Dwelling, single-family.

“Single-family dwelling” means a detached building designed or used exclusively for the occupancy of one family and having a kitchen facility for only one family. (1964 Code Appx. A § 0.30.)

17.04.219 Dwelling, two-family.

“Two-family dwelling” means a building designed or used exclusively for the occupancy of two families living independently of each other and having separate kitchen facilities for each family. Notwithstanding the above, “two-family dwelling” shall not include the combination of a single-family dwelling and a second unit upon the same lot. (Ord. 04-1901 § 3, 2004; 1964 Code Appx. A § 0.30.)

17.04.222 Dwelling unit.

“Dwelling unit” means two or more rooms in a dwelling, apartment house or apartment hotel designed for or occupied by one family for living or sleeping purposes and having only one kitchen. (1964 Code Appx. A § 0.30.)

17.04.225 Easement.

“Easement” means a space on a lot or parcel of land reserved for or used for public utilities or public uses. (1964 Code Appx. A § 0.30.)

17.04.228 Educational institution.

“Educational institution” means public, parochial and other nonprofit institutions conducting regular academic instruction at kindergarten, elementary, secondary and collegiate levels, and including graduate schools, universities and nonprofit research institutions. Such institutions must either:

A. Offer general academic instruction equivalent to the standards prescribed by the State Board of Education; or

B. Confer degrees as a college or university of undergraduate or graduate standing; or

C. Conduct research.

This definition does not include schools, academies or institutions, incorporated or otherwise, which operate for a profit, nor does it include commercial or trade schools. (1964 Code Appx. A § 0.30.)

17.04.230 Electrical or mechanical games.

“Electrical or mechanical games” means any pinball machine or similar device where any sum is charged by means of coin or slug in a slot or otherwise. (Ord. 1507 § 1, 1981.)

17.04.230.5

Emergency shelter.

“Emergency shelter” means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. (Ord. 20-10 § 5, 2020.)

17.04.231 Employee parking area.

“Employee parking area” means the portion of total required parking at a development used by on-site employees. For the purposes of CMC 17.64.150(D), employee parking amounts shall be considered to be as follows:

Type of Use	Percent of Total Required Parking Devoted to Employees
Commercial	30%
Office/professional	85%
Industrial/manufacturing	90%

If a development project cannot be classified according to the type of use given above, the city will make a determination of the amount of employee parking to be assigned to the project. (Ord. 23-10 § 4, 2023; Ord. 93-1750 § 2, 1993.)

17.04.232 Erect.

“Erect” means to build, construct, attach, hang, place, suspend or fix, and also includes suspending of wall signs. (Ord. 93-1750 § 2, 1993; 1964 Code Appx. A § 0.30.)

17.04.233 Existing structure.

“Existing structure” means an existing single-family dwelling, multifamily dwelling, or other accessory structure that can be safely converted into habitable space under the California Building Standards Code, as amended by the city and any other applicable laws. (Ord. 20-10 § 5, 2020.)

17.04.234 Family.

“Family” means an individual or two or more persons living together as a single housekeeping unit in a dwelling unit. (Ord. 20-10 § 6, 2020; 1964 Code Appx. A § 0.30.)

17.04.237 Federal government.

“Federal government” means the government of the United States. (1964 Code Appx. A § 0.30.)

17.04.240 Fence.

“Fence” means any structure forming a physical barrier which is so constructed that not less than 50 percent of the vertical surface is open to permit the transmission of light, air and vision through the surface in a horizontal plane, but which is impenetrable to persons and animals. This includes decorative wire mesh, decorative steel mesh, louver, stake and other similar material. Fences will be allowed within the front yard 25-foot setback area. (Ord. 23-07 § 8, 2023; 1964 Code Appx. A § 0.30.)

17.04.243 Flood control channel.

“Flood control channel” shall have the same meaning as “drainage channel.” (1964 Code Appx. A § 0.30.)

17.04.246 Floor area.

“Floor area” means the sum of the gross horizontal areas of the several floors of the building excluding areas used for accessory garage purposes and such basement and cellar areas as are devoted exclusively to uses accessory to the operation of the building. All horizontal dimensions shall be taken from the exterior faces of walls including walls or other enclosures of enclosed porches. Whenever “floor area” is used in this title as a basis for required off-street parking for any structure, it shall be assumed that, unless otherwise stated, the floor area applies not only to the ground floor area but also to any additional stories and/or basement of the structure. (1964 Code Appx. A § 0.30.)

17.04.249 Floor space index.

“Floor space index” means the ratio of gross building floor area to total lot area expressed as a fraction. (Example: two square feet of gross floor area for each three square feet of total lot area would result in a “floor space index” of 2:3.) (1964 Code Appx. A § 0.30.)

17.04.252 Freeway.

“Freeway” means a freeway so indicated on the general plan or as designated by the State Division of Highways. (1964 Code Appx. A § 0.30.)

17.04.255 Frontage.

“Frontage” means the line where a lot abuts a dedicated street or highway right-of-way line. Frontage is expressed in lineal feet and is measured along the right-of-way line. Where a future street or highway right-of-way line has been established on the general plan or other official plan, frontage shall be measured along that line. (1964 Code Appx. A § 0.30.)

17.04.258 Front wall.

“Front wall” means the wall of the building or structure nearest the street on which the building fronts, but excluding certain architectural features as cornices, canopies, eaves or embellishments. (1964 Code Appx. A § 0.30.)

17.04.261 Garage, private.

“Private garage” means a detached accessory building or a portion of a main building on the same lot as a dwelling used for the housing of vehicles of the occupants of the dwelling, including carports. (1964 Code Appx. A § 0.30.)

17.04.264 Garage, public.

“Public garage” means any garage other than a private garage. (1964 Code Appx. A § 0.30.)

17.04.267 Garage, storage.

“Storage garage” means any premises used exclusively for the storage of vehicles. (1964 Code Appx. A § 0.30.)

17.04.270 Gasoline service station.

“Gasoline service station” means the same as “automobile service station,” CMC 17.04.075. (1964 Code Appx. A § 0.30.)

17.04.273 General plan.

“General plan” means the general plan for the city. (1964 Code Appx. A § 0.30.)

17.04.276 Grade.

“Grade” means the gradient, the rate of incline or decline expressed as a percent. For example, a rise of 25 feet in a horizontal distance of 100 feet would be expressed as a grade of 25 percent. (See also Slope, CMC 17.04.527.) (1964 Code Appx. A § 0.30.)

17.04.279 Greenhouse.

“Greenhouse” means a building or structure constructed chiefly of glass, glass-like or translucent material, cloth or lath, which is devoted to the protection or cultivation of flowers or other tender plants, and shall be classified as a building in determining lot coverage. (1964 Code Appx. A § 0.30.)

17.04.282 Ground sign.

“Ground sign” means a sign which is supported by one or more poles, uprights or braces, in or upon the ground, which are not a part of the building. (1964 Code Appx. A § 0.30.)

17.04.285 Guest.

“Guest” means any transient person who occupies a room for sleeping purposes. (1964 Code Appx. A § 0.30.)

17.04.288 Guest home.

“Guest home” means the same as “rest home,” CMC 17.04.486. (1964 Code Appx. A § 0.30.)

17.04.291 Guest house (accessory living quarters).

“Guest house (accessory living quarters)” means living quarters within a detached accessory building located on the same premises with the main building, for use by temporary guests of the occupant of the premises, such quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling unit. A guest house shall be deemed to be an accessory building and subject to all the standards related to accessory buildings. (1964 Code Appx. A § 0.30.)

17.04.294 Guest room.

“Guest room” means a room which is designed to be occupied by not more than four guests for sleeping purposes, but not including dormitories. (1964 Code Appx. A § 0.30.)

17.04.297 Half story.

For a definition of “half story,” see CMC 17.04.546. (1964 Code Appx. A § 0.30.)

17.04.299 Health spa.

“Health spa” means any use, whether primary or incidental to the main use, which offers health-related programs commercially on an individual or organized basis and provides physical therapy, use of gymnasium or exercise equipment, solariums, yoga, dance exercise, swimming or other similar health/recreational activities. (Ord. 1535 § 1, 1983.)

17.04.300 Hedge.

“Hedge” means a plant or series of plants, shrubs or other landscape material, so arranged as to form a physical barrier or enclosure. (1964 Code Appx. A § 0.30.)

17.04.303 Height of building.

For a definition of “height of building,” see CMC 17.04.108. (1964 Code Appx. A § 0.30.)

17.04.304 High density.

“High density” means a density equal to or greater than 120 percent of the maximum residential density allowed under the local general plan and zoning ordinance. (Ord. 93-1750 § 2, 1993.)

17.04.306 Highway.

“Highway” means a major or secondary highway as delineated on the general plan. (See Street, CMC 17.04.549.) (1964 Code Appx. A § 0.30.)

17.04.308 Highway industrial zone.

“Highway industrial zone” means an area generally devoted to industrial activity and located along major and secondary highways. (Ord. 1392 § 1, 1978.)

17.04.309 Highway right-of-way line.

“Highway right-of-way line” means either the existing right-of-way if the right-of-way conforms to the general plan or the future right-of-way line for a major or secondary highway or traffic collector street as located and dimensioned on the general plan and in Chapter 17.66 CMC. A yard abutting such a highway or street shall be measured from this future right-of-way line. (1964 Code Appx. A § 0.30.)

17.04.312 Hospital.

“Hospital” means any building or portion thereof used for the accommodation and medical care of sick, injured, or infirm persons and including sanitariums, alcoholic sanitariums, institutions for the cure of chronic drug addicts and mental patients. (1964 Code Appx. A § 0.30.)

17.04.315 Hospital, animal.

For a definition of “animal hospital,” see CMC 17.04.048. (1964 Code Appx. A § 0.30.)

17.04.318 Hotel.

“Hotel” means a building or portion thereof containing six or more hotel units and a restaurant. All hotel units shall have access from an interior corridor or hallway. A hotel may contain related service shops as permitted in the zone in which it is located, but the floor area reserved for permitted commercial purposes shall not exceed 25 percent of the gross floor area excluding areas reserved for parking. (1964 Code Appx. A § 0.30.)

17.04.321 Hotel unit.

“Hotel unit” means a unit in a hotel, motel or apartment hotel containing one or more rooms which provide no kitchen facilities and which is designed and utilized as a single unit to be rented to transients on a daily or weekly basis. (1964 Code Appx. A § 0.30.)

17.04.322 Indoor radio controlled hobby track.

“Indoor radio controlled hobby track” means a land use in which, wholly within the confines of a single building, is located a recreational racing facility for miniature vehicles which are radio controlled and electrically powered. The wholesale and retail sales of vehicles, parts thereof and related equipment used in racing these vehicles is allowed on an ancillary basis. (Ord. 92-1735 § 1, 1992.)

17.04.322.5

Indoor recreation facilities.

“Indoor recreation facilities” means recreation facilities where visitors are participant actors rather than spectators. Examples of indoor recreation facilities include, but are not limited to, ice/roller-skating rinks, trampoline and bounce house establishments, billiard halls, bowling alleys, and electronic game and amusement centers (escape rooms). This classification may include snack bars and other incidental and beverage services to patrons. Bars or restaurants with alcohol sales shall be treated as a separate use and shall have additional regulations such as but not limited to conditional use permit and entertainment permit. (Ord. 23-10 § 5, 2023.)

17.04.323 Industrial park zone.

“Industrial park zone” means an area generally devoted to industrial activities and located in interior streets. (Ord. 1392 § 1, 1978.)

17.04.324 Industry.

“Industry” means the manufacture, fabrication, processing, reduction or destruction of any article, substance or commodity, or any other treatment thereof, in such a manner as to change the form, character or appearance thereof, and including storage elevators, truck storage yards, warehouses, wholesale storage and other similar types of enterprise. (1964 Code Appx. A § 0.30.)

17.04.325 In-home businesses.

“In-home businesses” means minor commercial activities that do not distract from the quiet and private characteristics of a residential neighborhood and are incidental to the residential use of a dwelling, including cottage food businesses (see CMC 17.04.172). (Ord. 17-17 § 7, 2017; Ord. 1664 § 1, 1988.)

17.04.327 Junk.

“Junk” means any worn out, cast off or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some use. Any article or material which, unaltered or unchanged and without further reconditioning can be used for its original purpose as readily as when new, shall not be considered junk. (1964 Code Appx. A § 0.30.)

17.04.330 Junkyard.

“Junkyard” means any lot, or the use of any portion of a lot, for the dismantling or wrecking of automobiles or other motor vehicles or machinery, or for the storage or keeping for sale of parts and equipment resulting from such dismantling or wrecking, or for the storage or keeping of junk, including scrap metals or other scrap materials. (1964 Code Appx. A § 0.30.)

17.04.333 Kennel.

“Kennel” means any lot or premises on which four or more dogs or other animals, at least four months of age, are kept, boarded or trained. (1964 Code Appx. A § 0.30.)

17.04.336 Kitchen.

“Kitchen” means any room intended or designed to be used or maintained for the cooking and/or preparation of food. (1964 Code Appx. A § 0.30.)

17.04.339 Landscaped freeway.

“Landscaped freeway” means a section or sections of a freeway which is now, or thereafter may be, improved by the planting, of at least on one side, of the freeway right-of-way, of lawns, trees, shrubs, flowers or other ornamental vegetation which shall require reasonable maintenance.

Planting for the purpose of soil erosion control, traffic safety requirements, reduction of fire hazards or traffic noise abatement shall not change the character of a freeway to a landscaped freeway. (1964 Code Appx. A § 0.30.)

17.04.342 Landscape space.

“Landscape space” indicates the relationship of lot size to landscaping area, designated by a percentage of the parcel area. (1964 Code Appx. A § 0.30.)

17.04.345 Landscaping.

“Landscaping” includes the original planting of suitable vegetation in conformity with the requirements of this title and the continued maintenance thereof. (1964 Code Appx. A § 0.30.)

17.04.348 Land use zoning map.

“Land use zoning map” means the land use zoning map of the city. (1964 Code Appx. A § 0.30.)

17.04.349 Liquor.

“Liquor” means alcoholic beverages including but not limited to beer, wine and distilled spirits. (Ord. 1642 § 2, 1987.)

17.04.349.5

Liquor, off-sale establishments.

“Off-sale liquor establishments” means any retail facility which requires a Type 20 or Type 21 off-site retail license from the California Department of Alcohol Beverage Control. (Ord. 93-1748 § 1, 1993.)

17.04.350 Liquor, on-sale establishments.

“On-sale liquor establishments” means a bar or cocktail lounge where the principal business is the sale of alcoholic beverages for consumption on the premises whether or not accompanied by the sale, dispensing or consumption of food.

A. The facility shall not exceed 2,000 square feet. (Ord. 1642 § 3, 1987.)

17.04.351 Loading space.

“Loading space” means an off-street space or berth on the same lot with a main building, or contiguous to a group of buildings, for the temporary parking of commercial vehicles while loading or unloading, which space shall abut a street, alley or other appropriate means of ingress and egress. A loading space shall be not less than 12 feet in width, 40 feet in length, and with 14 feet of vertical clearance. (1964 Code Appx. A § 0.30.)

17.04.354 Lodging house.

“Lodging house” means the same as “boarding house,” CMC 17.04.099. (1964 Code Appx. A § 0.30.)

17.04.357 Lot.

“Lot” means:

A. A parcel of real property with a separate and distinct number or other designation shown on a plat recorded in the office of the county recorder; or

B. A parcel of real property delineated on an approved record of survey, lot split or subparceling map as filed in the office of the city clerk and abutting at least one public street; or

C. A parcel of real property containing not less lot area than required by the zone in which it is located, abutting at least one public street and held under separate ownership from adjacent property prior to the effective date of the ordinance codified in this title. (1964 Code Appx. A § 0.30.)

17.04.360 Lot area.

“Lot area” means the total area, measured in a horizontal plane, within the lot lines of a lot. Portions of a lot which have a slope of four to one (four feet horizontal to one foot vertical) or steeper shall not be included in the computation of lot area. (Ord. 1181 § 1, 1972; 1964 Code Appx. A § 0.30.)

17.04.363 Lot, corner.

“Corner lot” means a lot that is located at the intersection of two streets, of which two connecting sides abut the intersecting streets. Refer to Figures 17.04.363(A), Lot Type Diagram, and 17.04.363(B), Corner Lots.

Figure 17.04.363(A). Lot Type Diagram

Figure 17.04.363(B). Corner Lots

(Ord. 23-07 § 9, 2023; 1964 Code Appx. A § 0.30.)

17.04.366 Lot, cul-de-sac.

“Cul-de-sac lot” means a lot fronting on or with more than one-half of its lot width fronting on the turnaround end of the cul-de-sac street. All cul-de-sac lots shall have a front lot line of not less than 45 feet and a lot width at the front yard setback line of not less than the minimum lot width specified for that zone in which the cul-de-sac lot is located. (1964 Code Appx. A § 0.30.)

17.04.369 Lot depth.

“Lot depth” means the average horizontal distance between the front and rear lot lines measured in the mean direction of the side lot line. (1964 Code Appx. A § 0.30.)

17.04.372 Lot, interior.

“Interior lot” means a lot other than a corner or reversed corner lot. (1964 Code Appx. A § 0.30.)

17.04.375 Lot, key.

“Key lot” means a lot that is bordered by three or more lots on the sides and the rear. The greatest disadvantage of the key lot is the lack of privacy due to numerous neighbors abutting all sides of the lot except the frontage. Refer to Figure 17.04.363(A), Lot Type Diagram. (Ord. 23-07 § 10, 2023; 1964 Code Appx. A § 0.30.)

17.04.378 Lot line.

“Lot line” means any line bounding a lot as defined in CMC 17.04.357. (1964 Code Appx. A § 0.30.)

17.04.381 Lot line, front.

On an interior lot, the “front lot line” is the property line abutting a street. On a corner or reversed corner lot, the “front lot line” is the shorter property line abutting a street. On a through lot or a lot with three or more sides abutting a street, the commission shall determine which property line shall be the front lot line for purposes of compliance with yard provisions of this title. (1964 Code Appx. A § 0.30.)

17.04.384 Lot line, rear.

“Rear lot line” means a lot line not abutting a street which is opposite and most distant from the front lot line. In the case of an irregular, triangular or gore-shaped lot, a line within the lot, parallel to and at a maximum distance from the front lot line, having a length of not less than 10 feet. A lot which is bounded on all sides by streets may have no rear lot line. (1964 Code Appx. A § 0.30.)

17.04.387 Lot line, side.

“Side lot line” means any lot line not a front lot line or rear lot line. On a lot with three or more sides abutting a street, all lot lines abutting a street, other than the front lot line, may be side lot lines. (1964 Code Appx. A § 0.30.)

17.04.390 Lot of record.

“Lot of record” means a parcel of land as shown on the records of the county assessor. (1964 Code Appx. A § 0.30.)

17.04.393 Lot, reduced area.

A lot, the area of which has been reduced by public acquisition of a portion thereof for street purposes, shall be deemed to have the area preexisting such acquisition. “Public acquisition,” as used herein, means acquisition pursuant to the power of eminent domain. (Ord. 1221 § 1, 1973; 1964 Code Appx. A § 0.30.)

17.04.396 Lot, reversed corner.

“Reversed corner lot” means a corner lot in which the side lot line is substantially a continuation of the front lot line of the abutting lot to its rear. In addition, the front facade of the dwelling is oriented toward the side yard of the lot, rather than the front lot line. Refer to Figures 17.04.363(A), Lot Type Diagram, and 17.71.030(D), Reversed Corner Lot. (Ord. 23-07 § 11, 2023; 1964 Code Appx. A § 0.30.)

17.04.399 Lot, substandard.

“Substandard lot” means a lot whose area, width or depth is less than that required in the zone in which it is located. (1964 Code Appx. A § 0.30.)

17.04.402 Lot, through.

“Through lot” means a lot that has frontage on two parallel streets or a lot that is not a corner lot that has frontage on two streets, each of which may provide access to the lot. Refer to Figure 17.04.363(A), Lot Type Diagram. (Ord. 23-07 § 12, 2023; 1964 Code Appx. A § 0.30.)

17.04.405 Lot width.

“Lot width” means the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. (1964 Code Appx. A § 0.30.)

17.04.405.5

Low barrier navigation center.

“Low barrier navigation center” means a Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:

A. The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.

B. Pets.

C. The storage of possessions.

D. Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms. (Ord. 20-10 § 5, 2020.)

17.04.406 Low income.

“Low income” means an income equal to or less than 80 percent of the median income of Los Angeles County, with adjustments for family size. (Ord. 93-1750 § 2, 1993.)

17.04.407 Manufactured housing.

“Manufactured housing” means a mobile home, as defined by and installed in accordance with California Health and Safety Code Sections 18008 and 18551, respectively, and factory-built housing, as defined by California Health and Safety Code Section 19971. (Ord. 1503 § 1, 1981.)

17.04.408 Marquee.

“Marquee” means a permanent, roofed structure attached to and supported by the building and projecting over public or private property. (1964 Code Appx. A § 0.30.)

17.04.411 Marquee sign.

“Marquee sign” means a sign attached to or hanging from a marquee. (1964 Code Appx. A § 0.30.)

17.04.414 Massage establishment.

“Massage establishment” shall have the meaning set forth in CMC 5.36.010(C). (Ord. 11-1997 § 2, 2011; Ord. 1386 § 3, 1978; 1964 Code Appx. A § 0.30.)

17.04.414.5

Medical marijuana dispensary.

Repealed by Ord. 17-09. (Ord. 16-2054 § 4, 2016; Ord. 16-2053 § 4, 2016; Ord. 15-2042 §§ 3, 4, 5, 2015; Ord. 13-2025 § 2, 2013; Ord. 13-2022 § 3, 2013.)

17.04.414.7

Memory care facility, skilled nursing facility, and similar uses.

“Memory care facility, skilled nursing facility, and similar uses” means a residential complex or buildings that provide housing, supervision, personal and social services, memory care services, and/or health care services (skilled nursing and/or medical) through the end of life of its residents. “Memory care facility, skilled nursing facility, and similar uses” includes uses commonly referred to as continuing care communities and continuum of care complexes. (Ord. 19-04 § 6, 2019.)

17.04.415 Mixed use.

“Mixed use” means development that integrates compatible commercial or retail uses, or both, with residential uses, and that, because of its proximity to jobs, shopping, and residences, will minimize new trip generation. (Ord. 93-1750 § 2, 1993.)

17.04.416 Mobile food facility.

“Mobile food facility” means any self-propelled, motorized device or vehicle by which any person or property may be propelled or moved upon a highway (excepting a device moved exclusively by human power), or which may be drawn or towed by a self-propelled, motorized vehicle, from which food or food products are sold, offered for sale, displayed, bartered, exchanged or otherwise given. (Ord. 14-2034 § 2, 2014.)

17.04.417 Mobile home.

“Mobile home” means the same as “residential trailer,” CMC 17.04.594. (1964 Code Appx. A § 0.30.)

17.04.420 Motel.

“Motel” means a building or portions thereof containing six or more motel units, including groups designated as auto cabins, auto courts, motor courts, motor hotels and similar designations, which units are so arranged to have direct access from a yard or court with the required parking for each unit being located within 25 feet of the unit. A motel may include one apartment reserved for the owner/operator or manager. (1964 Code Appx. A § 0.30.)

17.04.423 Motel unit.

“Motel unit” means the same as “hotel unit,” CMC 17.04.321. (1964 Code Appx. A § 0.30.)

17.04.425 Multi-tenant retail arcades.

“Multi-tenant retail arcades” means a land use in which, wholly within the confines of a single building, are located more than four vendors offering personal property for retail sale or trade who are separated from each other, if at all, by less than complete floor-to-ceiling walls, a solid ceiling, and a solid, lockable access door. This shall not include a temporary event held for the exclusive benefit of any nonprofit organization or organizations. “Vendor” means and includes any person, partnership, corporation, or organization who engages in selling, exchanging, or offering for sale as owner or consignee, personal property within a multi-tenant retail arcade. (Ord. 92-1736 § 2(A), 1992.)

17.04.426 Nonconforming building.

“Nonconforming building” means a building or portion thereof lawfully existing on the effective date of the ordinance codified in this title which was designed, erected or structurally altered for a use which does not conform to the uses permitted in the zone in which it is located, or which does not comply with one or more of the property development standards of the zone in which it is located. (1964 Code Appx. A § 0.30.)

17.04.429 Nonconforming use.

“Nonconforming use” means a use of a building or land existing on the effective date of the ordinance codified in this title which does not conform to the uses permitted in the zone in which it is located. (1964 Code Appx. A § 0.30.)

17.04.430 Notice of preparation.

“Notice of preparation” means the announcement, circulated to affected parties, of intent to prepare an environmental impact report for a particular development project or plan. (Ord. 93-1750 § 2, 1993.)

17.04.432 Nursery school.

“Nursery school” means the same as “day nursery,” CMC 17.04.192. (1964 Code Appx. A § 0.30.)

17.04.435 Nursing home.

“Nursing home” means the same as “hospital,” CMC 17.04.312. (1964 Code Appx. A § 0.30.)

17.04.435.5

Oak tree.

“Oak tree” means valley oak, coast live oak, or any other tree of the Quercus genus, except scrub oak (Quercus demosa). (Ord. 1568 § 1, 1984.)

17.04.436 Occasional sale.

An “occasional sale” is the sale of tangible personal property in a residential zone or upon premises zoned for another use providing the actual and principal current use of such premises is for residential purposes when such sale is advertised by means of an advertisement in a newspaper or sign on such property, designating such sale as a “yard sale,” “patio sale,” “lot sale,” “garage sale,” or of words having similar import or meaning, or in the alternative when such advertisement or sign advertises the sale of four or more items upon such premises or where in fact four or more items are sold upon such residential property.

A. Occasional Sale Permit. A permit for conducting an occasional sale is a permit issued by the planning department of the city of Covina designating the address where such activity is conducted, the dates for which such permit is valid and the general type of property to be sold. No more than two permits shall be issued during any 12-month period. Permitted sales shall be limited to two consecutive days within a calendar week. (Ord. 1350 § 1, 1977.)

17.04.438 Outdoor advertising.

“Outdoor advertising” means the same as “advertising structure,” CMC 17.04.027. (1964 Code Appx. A § 0.30.)

17.04.441 Parcel of land.

“Parcel of land” means the same as “lot,” CMC 17.04.357. (1964 Code Appx. A § 0.30.)

17.04.444 Parking area, private.

“Private parking area” means an open area, other than a street, used for the parking of automotive vehicles and restricted from general public use. Such areas shall have frontage on or access to a dedicated street or alley. (1964 Code Appx. A § 0.30.)

17.04.447 Parking area, public.

“Public parking area” means an area, other than a private parking area or street, used for the parking of vehicles and available for public or quasi-public use, either free or for remuneration. Such areas shall have frontage on or access to a dedicated street or alley. (1964 Code Appx. A § 0.30.)

17.04.450 Parking space, automobile.

“Automobile parking space” means a space exclusive of driveways, ramps, columns, loading areas, office or work areas within a building or open parking area for the parking of one automobile. A parking space shall be not less than nine feet in width, 19 feet in length and shall be accessible and usable for the parking of a motor vehicle. (See CMC 17.72.010 through 17.72.120.) (1964 Code Appx. A § 0.30.)

17.04.453 Patio.

“Patio” means a roofed area permanently open on not less than three sides and used solely for outdoor living. The patio will be considered to be open when enclosed by screening or any structure forming a physical barrier which is so constructed that not less than 50 percent of the vertical surface is permanently open to permit the transmission of light, air and vision through the surface in a horizontal plane but which is impenetrable to persons and animals. (1964 Code Appx. A § 0.30.)

17.04.455 Pilasters.

“Pilasters” means shallow decorative pillars that are typically rectangular in plain view that are attached to a wall. The pilaster helps to break up or disrupt the visual monotony of lengthy walls. (Ord. 23-07 § 13, 2023.)

17.04.456 Porte cochere.

“Porte cochere” means an accessory structure open on three sides and attached to the side or front of a building through which cars pass and is established for the convenient loading and unloading of passengers from an automobile. A porte cochere is not a carport or garage nor may it be used to satisfy off-street parking requirements. (1964 Code Appx. A § 0.30.)

17.04.459 Poultry.

“Poultry” means one or more species of domestic fowl. (1964 Code Appx. A § 0.30.)

17.04.460 Preferential parking.

“Preferential parking” means parking spaces reserved for carpool and vanpool vehicles, usually in a place more convenient to a work site than parking spaces for single occupant vehicles. (Ord. 93-1750 § 2, 1993.)

17.04.461 Primary dwelling.

“Primary dwelling,” for purposes of this chapter, means the existing or proposed single-family dwelling on the lot where an ADU would be located. (Ord. 20-10 § 5, 2020.)

17.04.462 Private dance.

“Private dance” means a dance which is limited to those persons individually invited and admitted, with or without charge, conducted by a club, society or association organized or incorporated for private, benevolent or charitable purposes, having a membership, and which holds meetings other than such dances at regular intervals, and when the proceeds, if any, of such dance are used for the purpose of such organization. (1964 Code Appx. A § 0.30.)

17.04.465 Property line.

“Property line” means the same as “lot line,” CMC 17.04.378. (1964 Code Appx. A § 0.30.)

17.04.466 Property owner.

“Property owner” means the individual, group, partnership, corporation or other legal entity which holds lawful title and legal right of possession to real property. For purposes of determining standing to file an application under this title for a conditional use permit or variance, “property owner” shall be deemed to include a lessee under a written lease with not less than one year’s term remaining. (Ord. 1657 § 1, 1987.)

17.04.468 Provision.

“Provision” includes all regulations and requirements referred to in the reference. (1964 Code Appx. A § 0.30.)

17.04.471 Public dance.

“Public dance” means a dance open to the public, with or without charge. (1964 Code Appx. A § 0.30.)

17.04.474 Public dancing place.

“Public dancing place” means a place where a public dance is held or conducted. (1964 Code Appx. A § 0.30.)

17.04.475 Public storage facility.

“Public storage facility” means a place for storing personal goods and materials of private individuals and companies. The goods and materials thus stored are not intended for redistribution, resale or other commercial activity. No other activity other than the storage described above is intended for a public storage facility. (Ord. 1279 § 1, 1974.)

17.04.476 Public transit.

“Public transit,” for purposes of this chapter, has the meaning ascribed in Government Code Section 65852.2(j), as the same may be amended from time to time. (Ord. 20-10 § 5, 2020.)

17.04.477 Quasi-public organization.

“Quasi-public organization” means any nongovernmental, nonprofit organization that is devoted to public service and welfare. (1964 Code Appx. A § 0.30.)

17.04.480 Ramada.

“Ramada” means an arbor or pergola-like structure usually associated with a residential trailer. (1964 Code Appx. A § 0.30.)

17.04.483 Residence.

“Residence” means a building used, designed or intended to be used as a home or dwelling place. (1964 Code Appx. A § 0.30.)

17.04.484 Residential care facility, large.

“Residential care facility, large” means any family home or group care facility serving seven or more persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual, excluding jails or other detention facilities. (Ord. 20-10 § 5, 2020.)

17.04.485 Residential care facility, small.

“Residential care facility, small” means any family home or group care facility serving six or fewer persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual, excluding jails or other detention facilities. Small state-licensed residential care facilities are subject to the same standards and procedures as other residential uses of the same type in the same zone. (Ord. 20-10 § 5, 2020.)

17.04.486 Rest home.

“Rest home” means premises used for the housing of and caring for the ambulatory aged or infirm. There shall be only incidental convalescent care not involving either trained nurse or physician residing on the premises. There shall be no surgery, physical therapy or other similar activities such as are customarily provided in sanitariums and hospitals. (1964 Code Appx. A § 0.30.)

17.04.489 Retail store.

“Retail store” means a business selling goods, wares or merchandise directly to the ultimate consumer. (1964 Code Appx. A § 0.30.)

17.04.492 Room.

“Room” means an unsubdivided portion of the interior of a dwelling unit, excluding bathrooms, closets, hallways and service porches. (1964 Code Appx. A § 0.30.)

17.04.495 Rooming house.

For a definition of “rooming house,” see CMC 17.04.099. (1964 Code Appx. A § 0.30.)

17.04.498 Sanitarium.

“Sanitarium” means a health station or retreat or other place where patients are housed and where medical or surgical treatment is given. (1964 Code Appx. A § 0.30.)

17.04.501 Schools, elementary, intermediate, junior high and high.

“Elementary, intermediate, junior high and high schools” means an institution of learning which offers instruction in the several branches of learning and study required to be taught in the public schools by the Education Code of the State. (See Educational institution, CMC 17.04.228.) (1964 Code Appx. A § 0.30.)

17.04.504 Schools, private.

“Private schools” means certified or licensed schools offering instruction in vocational studies and social, vocation and rehabilitation training. (Ord. 1535 § 2, 1983; Ord. 1384 § 1, 1978; 1964 Code Appx. A § 0.30.)

17.04.507 Service bay.

“Service bay” means an enclosed area capable of holding one vehicle for greasing, tire repair, washing, lubrication or minor mechanical repairs. (1964 Code Appx. A § 0.30.)

17.04.510 Service stations.

“Service stations” mean the same as “automobile service stations,” CMC 17.04.075. (1964 Code Appx. A § 0.30.)

17.04.513 Setback line, front yard.

“Front yard setback line” means the line which defines the depth of the required front yard. The setback line is parallel with the street line or, when established by general plan, with the highway right-of-way line, removed therefrom by the perpendicular distance prescribed for the front yard in the zone. (1964 Code Appx. A § 0.30.)

17.04.516 Setback line, rear yard or side yard.

“Rear yard or side yard setback line” means the line which defines the width or depth of the required rear or side yard. The setback line is parallel with the property line, removed therefrom by the perpendicular distance prescribed for the yard in the zone. (1964 Code Appx. A § 0.30.)

17.04.518 Shared-space commercial establishment.

“Shared-space commercial establishment” means a comprehensive commercial development incorporating retail food uses (including prepared retail food service), general retail merchandise, administrative office and technology space, or personal services (such as hair salons, barbers, and similar activities, but not including personal massage), where the uses are situated in a single building or in multiple small structures within a single development parcel, but utilize common space for restrooms, storage, dining, common work stations, utilities, and/or similar infrastructure. “Shared-space commercial establishment” shall not include “multi-tenant retail arcades,” CMC 17.04.425. (Ord. 19-01 § 4, 2019.)

17.04.519 Sign.

“Sign” means any device for visual communication, other than an outdoor advertising structure, including any announcement, declaration, demonstration, display, illustration or insignia, which is used to advertise or promote the interest of any person, business, group or enterprise, relating to goods, services, products and the like produced or available on the premises on which the sign is located. (1964 Code Appx. A § 0.30.)

17.04.522 Sign area.

“Sign area” means the field of the sign, not including structural supports and not including the face of the building, except that portion which forms the field. On a projecting or freestanding sign, only one face shall be counted in computing sign area. (1964 Code Appx. A § 0.30.)

17.04.523 Single housekeeping unit.

“Single housekeeping unit” means a traditional family or the functional equivalent of a traditional family, whose members are a nontransient interactive group of one or more persons, where if consisting of more than one person, such persons jointly occupy a single dwelling unit, jointly use common areas, share household activities and responsibilities (e.g., meals, chores, and expenses), and where, if the unit is rented, leased, or subleased, all adult members living on the premises jointly agree to occupy and be responsible for the entire premises of the dwelling unit under a single written rental agreement or lease and the makeup of the household occupying the unit is determined by the residents of the unit rather than the landlord or property manager. (Ord. 20-10 § 5, 2020.)

17.04.525 Site plan.

“Site plan” means a plan showing the proposed arrangements of buildings and facilities on the land as set forth in Chapter 17.64 CMC and in other ordinances of the city. (1964 Code Appx. A § 0.30.)

17.04.527 Slope.

“Slope” means a natural or artificial incline, as a hillside or terrace. Slope is usually expressed as a ratio. For example, a horizontal distance of 100 feet with a rise of 50 feet would be expressed as a 2:1 slope (see also Grade, CMC 17.04.276, Top of slope, CMC 17.04.582 and Toe of slope, CMC 17.04.579.) (Ord. 93-1750 § 2, 1993; 1964 Code Appx. A § 0.30.)

17.04.528 South Coast Air Quality Management District (SCAQMD).

“South Coast Air Quality Management District (SCAQMD)” is the regional authority appointed by the California State Legislature to bring the South Coast Air Basin into compliance with federal and state air quality standards. The South Coast Air Basin comprises the nondesert portions of Los Angeles, Orange, Riverside and San Bernardino Counties. (Ord. 93-1750 § 2, 1993.)

17.04.529 Specified anatomical areas.

As used herein, “specified anatomical areas” shall mean and include any of the following:

A. Less than completely and opaquely covered human (1) genitals or pubic region; (2) buttocks; and (3) female breast below a point immediately above the top of areola;

B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered;

C. Any device, costume or covering that simulates any of the body parts included in subsections (A)(1) or (2) of this section. (Ord. 97-1813 § 5, 1997.)

17.04.530 Specified sexual activities.

As used herein, “specified sexual activities” shall mean and include any of the following, whether performed directly or indirectly through clothing or other covering:

A. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;

B. Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;

C. Masturbation, actual or simulated;

D. Excretory functions as part of or in connection with any of the other activities described in subsections (A) through (C) of this section. (Ord. 97-1813 § 5, 1997.)

17.04.531 Stable, private.

“Private stable” means a detached accessory building for the keeping of horses owned by the occupants of the premises and not kept for remuneration, hire or sale. (1964 Code Appx. A § 0.30.)

17.04.534 Stable, public.

“Public stable” means a stable other than a private stable. (1964 Code Appx. A § 0.30.)

17.04.537 Stacked.

“Stacked” means a pile of objects placed in an orderly manner, one above the other. (1964 Code Appx. A § 0.30.)

17.04.539 Stock cooperatives.

“Stock cooperatives” means a corporation which is formed or availed of primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, which right of occupancy is transferable only concurrently with the transfer of the share or shares of stock in the corporation held by the person having such right of occupancy. (Ord. 1445 § 1, 1980.)

17.04.540 Stored.

“Stored” means the placing of one or more objects for the purpose of storage. (1964 Code Appx. A § 0.30.)

17.04.543 Story.

“Story” means a space in a building between the surface of any floor and the surface of the floor next above, or if there is no floor above, then the space between such floor and the ceiling or roof above. (See Basement, CMC 17.04.087.) (1964 Code Appx. A § 0.30.)

17.04.546 Story, half.

“Half story” means a story under a gable, hip or gambrel roof, plates of which are not more than three feet above the floor of such story. (1964 Code Appx. A § 0.30.)

17.04.549 Street.

“Street” means a public thoroughfare or right-of-way dedicated, deeded or condemned for use as such, other than an alley, which affords the principal means of access to abutting property including avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare, except as excluded in this title. “Street” includes all major and secondary highways, freeways, traffic collector streets and local streets. (1964 Code Appx. A § 0.30.)

17.04.552 Street centerline.

“Street centerline” means the centerline of a street or right-of-way as established by official surveys. (1964 Code Appx. A § 0.30.)

17.04.555 Street line.

“Street line” means the boundary line between street and abutting property. (1964 Code Appx. A § 0.30.)

17.04.558 Street, local.

“Local street” means any street, dedicated, deeded or condemned as such, serving as the principal means of access to property, which street is not shown as a major or secondary highway or traffic collector street on the general plan. (1964 Code Appx. A § 0.30.)

17.04.561 Street, side.

“Side street” means that street bounding a corner or reversed corner lot and which extends in the same general direction as the line determining the depth of the lot. (1964 Code Appx. A § 0.30.)

17.04.564 Structural alterations.

“Structural alterations” mean any change in the supporting members of a building, such as in a bearing wall, column, beam or girder, floor or ceiling joists, roof rafters, roof diaphragms, roof trusses, foundations, piles or retaining walls or similar components. (1964 Code Appx. A § 0.30.)

17.04.567 Structure.

“Structure” means anything constructed or built, any edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some manner, which requires a building permit and which requires location on the ground, or is attached to something having a location on the ground, excepting outdoor areas such as patios, paved areas, walks, swimming pools, tennis courts and similar recreation areas. This includes billboards and outdoor advertising structures. (1964 Code Appx. A § 0.30.)

17.04.570 Supermarket.

“Supermarket” means a market having 10,000 or more square feet of floor area devoted principally to the sale of food. (1964 Code Appx. A § 0.30.)

17.04.571 Supportive housing.

“Supportive housing” means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an on-site or off-site service that assists 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 to the same regulations and procedures that apply to other residential uses of the same type in the same zone, except that supportive housing shall be a use by right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses, if the proposed development satisfies all of the requirements set forth in Government Code Section 65650 et seq. (Ord. 20-10 § 5, 2020.)

17.04.571.5

Supportive services.

“Supportive services” include, but are not limited to, a combination of subsidized, permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy. (Ord. 20-10 § 5, 2020.)

17.04.572 Surgery or surgical center – Medical.

“Surgery or surgical center – medical” means a medical facility where specialty medical and surgical procedures are performed by qualified medical professionals, but where there is no overnight accommodation of the patient. (Ord. 19-01 § 5, 2019.)

17.04.573 Swimming pool.

“Swimming pool” means a tank or pool created by artificial means designed for the purpose of containing an outside body of water and offering the possibility of use for swimming, bathing and/or total bodily immersion by any person, any portion of which tank or pool exceeds 36 inches in depth and which pool or tank is not portable in design or construction. (1964 Code Appx. A § 0.30.)

17.04.574 Target population.

“Target population” means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people. (Ord. 20-10 § 5, 2020.)

17.04.576 Thrift shops, secondhand and used merchandise stores.

“Thrift shop, secondhand and used merchandise stores” means a business involved in the sale of used goods and merchandise, where the sale of such used goods and merchandise comprises 25 percent or more of the total monthly sales volume. Thrift shop, secondhand and used merchandise stores may be nonprofit or for-profit organizations. Nonprofit thrift shop, secondhand and used merchandise stores are usually charities themselves, and receive donations and sell them directly to consumers. For-profit thrift shops, secondhand and used merchandise stores typically purchase donations from charitable organizations, yard sales, overstock stores, as well as accepting donations, and sell them to consumers. Thrift shops, secondhand and used merchandise stores generally appeal to bargain hunters, consumers in need of inexpensive merchandise or consumers who are environmentally conscious in recycling and not wasting. Thrift shops, secondhand and used merchandise stores do not include bookstores; junk dealers, junkyards or automobile wrecking; the sale of antiques; the sale of cars and other used vehicles; consignment stores; or pawn shops. Thrift shops, secondhand and used merchandise stores do not include the sale of used items when the volume of such products offered for sale on the premises is less than 25 percent of the total monthly volume offered for sale (example DVD sales). The establishment of this use, “thrift shops, secondhand and used merchandise stores” shall be subject to a conditional use permit pursuant to Chapter 17.62 CMC within C-3, C-3A and C-4 commercial zones. The conditional use permit shall address the specific operational standards including, but not limited to, hours of operations, donations hours and designated area for collection of donation items, outdoor display of merchandise, and minimum building requirements. (Ord. 18-05 § 5, 2018; Ord. 17-14 § 5, 2017; 1964 Code Appx. A § 0.30.)

17.04.579 Toe of slope.

“Toe of slope” means that point or line of initial break where the terrain changes to an upward direction. (1964 Code Appx. A § 0.30.)

17.04.582 Top of slope.

“Top of slope” means that point or line of initial break where the terrain changes to a downward direction. (1964 Code Appx. A § 0.30.)

17.04.585 Townhouse.

“Townhouse” means the same as “condominium,” CMC 17.04.162. (1964 Code Appx. A § 0.30.)

17.04.587 Trade school.

“Trade school” means a public or private school offering instruction in the technical, commercial and/or trade skills, such as real estate, business and secretarial, electronics, automotive and aircraft, medical and dental, and similar commercial establishments. (Ord. 1535 § 3, 1983.)

17.04.588 Trading area.

“Trading area” means the area served by an existing commercial development or to be served by the proposed commercial development and from which the development draws its support. (1964 Code Appx. A § 0.30.)

17.04.591 Trailer park or mobile home park.

“Trailer park” or “mobile home park” means any area or tract of land where space is rented or held for rent to two or more owners or users of residential trailers or mobile homes. (1964 Code Appx. A § 0.30.)

17.04.594 Trailer, residential.

“Residential trailer” means a vehicle with or without motive power, designed and constructed to travel on the public thoroughfare in accordance with the provisions of the State Vehicle Code and to be used for human habitation. No trailer shall be used as a place of human habitation except in regularly established trailer parks. (1964 Code Appx. A § 0.30.)

17.04.597 Trailer space.

“Trailer space” means a plot of ground within any trailer park designed for the accommodation of one residential trailer and related facilities. (1964 Code Appx. A § 0.30.)

17.04.600 Transient.

“Transient” means a person who receives dwelling accommodations for a price, with or without meals, for a period of not more than 180 consecutive days. (1964 Code Appx. A § 0.30.)

17.04.600.5

Transitional housing.

“Transitional housing” means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance. Transitional housing is a residential use subject to the same regulations and procedures that apply to other residential uses of the same type in the same zone. (Ord. 20-10 § 5, 2020.)

17.04.601 Transportation demand management.

“Transportation demand management” means the alteration of travel behavior, usually on the part of commuters, through programs of incentives, services, and policies. Transportation demand management addresses alternatives to single occupant vehicles such as carpooling, vanpooling, bicycling, use of public transit, and walking; and changes in work schedules that move trips out of the peak period or eliminate them altogether (such as telecommuting or compressed work weeks). (Ord. 93-1750 § 2, 1993.)

17.04.603 Truck and/or trailer sales lot.

“Truck and/or trailer sales lot” means an open area where trucks and/or trailers are sold, leased or rented and where no repairs, repainting or remodeling is done. (1964 Code Appx. A § 0.30.)

17.04.606 Use.

“Use” means the purpose for which land and/or building is erected, arranged, designed or intended, or for which land and/or building is or may be occupied or maintained. (1964 Code Appx. A § 0.30.)

17.04.609 Used.

“Used” includes “arranged for,” “designed for,” “occupied or intended to be occupied for.” (1964 Code Appx. A § 0.30.)

17.04.610 Vanpool.

“Vanpool” means a group of seven to 15 persons who regularly use a van for commuting together to and from work. (Ord. 93-1750 § 2, 1993.)

17.04.612 Variance.

“Variance” means a permit for deviation from the provisions established in the zone in which the property is located, granted by the commission pursuant to Chapter 17.78 CMC, and intended to permit the fair use of property in cases where the strict enforcements of the law would, because of exceptional conditions on the land, such as the location, size, shape or slope of the lot, work an unnecessary hardship on the subject property which would not apply to other properties in the same zone. (1964 Code Appx. A § 0.30.)

17.04.613 Vehicle.

“Vehicle” means a motorized form of transportation, such as an automobile, van, bus, truck, or motorcycle. (Ord. 93-1750 § 2, 1993.)

17.04.614 Very low income.

“Very low income” means an income equal to or less than 50 percent of the median income of Los Angeles County, with adjustments for family size. (Ord. 93-1750 § 2, 1993.)

17.04.615 Visual obstruction.

“Visual obstruction” means fencing, hedges, trees, shrubs and walls or any combination thereof which materially limits the visibility of persons at intersecting or intercepting streets and alleys. (See also Corner cutback, CMC 17.04.171.) (1964 Code Appx. A § 0.30.)

17.04.618 Wall.

“Wall” means any structure or device forming a physical barrier, which is so constructed that 50 percent or more of the vertical surface is closed and prevents the passage of light, air and vision through the surface in a horizontal plane. This includes concrete, concrete block, wood or other materials that are solids and are so assembled as to form a solid barrier. Walls shall be constructed to conform to the standards of the building code of the city. Walls will be allowed within the front yard 25-foot setback area. (Ord. 23-07 § 14, 2023; 1964 Code Appx. A § 0.30.)

17.04.618.5

Wall, solid.

“Solid wall” means a wall that cannot be viewed through. (Ord. 23-07 § 15, 2023.)

17.04.618.7

Wall and fence permit.

A wall and fence permit is required for all fences and walls regardless of height or location. The wall and fence permit shall be issued by the chief planning official. (Ord. 23-07 § 16, 2023.)

17.04.619 Warehouse.

“Warehouse” means a building to store wares or goods before distribution for resale. (Ord. 1279 § 1, 1974.)

17.04.621 Yard.

“Yard” means any open landscaped space, other than a court, about which buildings are grouped and which are maintained as an area clear of structures, appurtenances, projection, motor vehicles, trailers and vehicular paving, except when permitted for aesthetic considerations. (1964 Code Appx. A § 0.30.)

17.04.624 Yard, front.

“Front yard” means a space between the front yard setback line and the front lot line or future highway right-of-way line, and extending the full width of the lot. (1964 Code Appx. A § 0.30.)

17.04.627 Yard, rear.

“Rear yard” means a space between the rear yard setback line and the rear lot line, extending the full width of the lot. (1964 Code Appx. A § 0.30.)

17.04.630 Yard, side.

“Side yard” means a space extending from the front yard setback line, or from the front lot line where no front yard is required by this title, to the rear yard setback line or rear lot line, between a side lot line and the side yard setback line. (1964 Code Appx. A § 0.30.)

17.04.633 Zone.

“Zone” means a land area shown or described in the land use zoning map and as set forth and described in this title. (1964 Code Appx. A § 0.30.)

17.04.636 Zone, change of.

“Change of zone” means the legislative act of removing one or more parcels of land from one zone and placing them in another zone on the land use zoning map. (See CMC 17.80.080 through 17.80.150.) (1964 Code Appx. A § 0.30.)

17.04.639 Zone reclassification.

“Zone reclassification” means the same as “change of zone,” CMC 17.04.636. (1964 Code Appx. A § 0.30.)

Article II. Standards

17.04.642 Generally.

The purpose of performance standards is to minimize various potential operational impacts of land uses and development within the city, and promote compatibility with adjoining areas and land uses. The performance standards apply to all new and existing land uses. (Ord. 23-10 § 6, 2023.)

17.04.644 Planting maintenance.

In a space between a fence or wall and a property line or right-of-way line, the planting shall be regulated so as to maintain the required open space areas in the fence structure in order to preserve passage of light and air and permit necessary visibility. (Ord. 23-10 § 6, 2023; Ord. 92-1736 § 2(B), 1992; 1964 Code Appx. A § 0.30. Formerly 17.04.642(A).)

17.04.648 Retail and office complexes.

Retail and office complexes that are divided into two or more tenant spaces shall average at least 1,000 square feet of building area per tenant or business space. No tenant or business space shall be less than 400 square feet in area. (Ord. 23-10 § 6, 2023; Ord. 92-1736 § 2(B), 1992; 1964 Code Appx. A § 0.30. Formerly 17.04.642(B).)

17.04.650 Standards of uses.

The following standards shall apply to the use and structures in any zoning districts:

A. All uses shall conduct wholly within an enclosed building unless otherwise permitted or conditionally permitted by other sections of the code.

B. Light and Glare. The operation of uses, activities, and processes must not produce significant and direct glare beyond the property’s boundaries to ensure adjacent properties are not impacted.

1. Lighting at entryways, along walkways, between buildings and within parking areas for safety purposes is required.

2. Freestanding lighting support structure shall not exceed a maximum of 20 feet measured from the base (ground finished surface) to the top of the light fixture.

3. The maximum candlepower at property line shall not exceed one foot-candle.

4. All lights shall be directed, oriented and shielded to prevent light from shining onto and into driveway areas in a manner that would obstruct motorists’ vision.

Except as otherwise exempt, all outdoor lighting shall be recessed and/or constructed with full downward shielding in order to reduce light and glare impacts on trespass to adjoining properties and public rights-of-way. Each fixture shall be directed downward and away from adjoining properties and public rights-of-way, so that no light fixture directly illuminates an area outside of the project site intended to be illuminated.

C. Noise. All land uses and their associated activities shall comply with Chapter 9.40 CMC, Noise.

D. Odors. Any process that creates or emits odors, gases or other odorous matter shall comply with standards set by South Coast Air Quality Management District. No use shall be permitted to emit continuous, frequent or repetitive odorous gases such as to be detectable without the aid of instruments at or beyond the property line of the site. An odor emitted more than 15 minutes in any one day shall be deemed as continuous, frequent or repetitive.

E. Property Maintenance.

1. All required fences and walls shall be maintained in good condition and provided proper repair at all times.

2. The plants or materials in the required corner cutback area shall be maintained in such a condition that they would not cause a visual obstruction in these areas.

3. Off-street parking areas, drive approaches, and driveway access shall be maintained in good condition. Striping must be in a visible state.

4. Maintain all safety devices and signs in working condition.

5. The property owner is responsible for maintaining all trash, garbage, and refuse enclosures. The deposit and storage of trash shall not cause nuisance problems such as harboring rodents or insects.

6. The property owner shall maintain all landscaping areas on site and the contiguous planted areas within the public right-of-way except for street trees and shall replace any damaged, dead, diseased, or decaying plant materials within 30 days from the date of damage.

7. Changes in the landscaping areas, architectural features, buildings, and structural elements are subject to an amendment to the site plan review in accordance to Chapter 17.62 CMC.

F. Vibration. Vibration may disturb the conduct of certain activities and create discomfort for some individuals. To minimize the disturbance and inconvenience from vibrations, no person or use shall create, maintain or cause ground vibration that is discernible without the aid of instruments to a person of normal sensitivity at any one point on a property that is adjacent to the property of the vibration source. The ground vibration caused by moving vehicles, trains, aircraft or temporary construction or demolition is exempted. (Ord. 23-10 § 6, 2023.)