Chapter 17.100
Definitions
Sections:
17.100.020 Definitions of Specialized Terms and Phrases
17.100.010 - Purpose
This Chapter provides definitions of terms and phrases used in this Land Use and Development Code that are technical or specialized, or that may not reflect common usage. If any of the definitions in this Chapter conflict with definitions in other provisions of the Municipal Code, these definitions shall control for the purposes of this Land Use and Development Code. If a word is not defined in this Chapter, or in other provisions of the City of Fort Bragg Municipal Code, the Director shall determine the correct definition.
17.100.020 - Definitions of Specialized Terms and Phrases
As used in this Land Use and Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise.
A. Definitions, “A.”
Abut. Having property lines, street lines, or zoning district lines in common.
Accessory Retail or Services. The limited retail sale of various products, or the provision of certain personal services within a health care, hotel, office, or industrial complex, to employees or customers. Examples of these uses include pharmacies, gift shops, and food service establishments within hospitals; convenience stores and food service establishments within hotel, office and industrial complexes; and barber and beauty shops within residential care facilities.
Accessory Structure. A structure that is physically detached from, secondary and incidental to, and commonly associated with a primary structure on the same site. See also “Agricultural Accessory Structure,” and “Residential Accessory Uses and Structures.”
Accessory Use. A use customarily incidental to, related and clearly subordinate to a primary use on the same parcel, which does not alter the primary use nor serve property other than the parcel where the primary use is located.
Adult Day Care. See “Day Care, Adult.”
Adult Oriented Business. The following terms and phrases are defined for the purposes of Chapter 17.40 (Adult Oriented Business Regulations).
1. Adult Arcade. Any business establishment or concern containing one or more coin or slug operated or manually or electronically controlled still or motion picture projectors, video machines, projector or similar image-producing devices, that are maintained to display images to an individual or group of individuals when those images are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
2. Adult Bookstore. Any establishment which as a regular and substantial course of conduct, displays and/or distributes sexually oriented merchandise, sexually oriented material, books, periodicals, magazines, or other printed materials, or photographs, drawings, sculptures, films, motion pictures, videos, discs, cassettes, slides, tapes, records, or other form of visual or audio representations which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities and/or specified anatomical areas (See “adult-oriented business” for definition of regular and substantial course of conduct.)
3. Adult Cabaret. A nightclub, bar, lounge, restaurant, or similar business establishment or concern which features as a regular and substantial course of conduct, any type of live entertainment, films, motion pictures, computer generated images, videos, discs, slides, or other photographic reproductions, or other oral, written or visual representations which are distinguished or characterized by an emphasis upon matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
4. Adult Dance Studio. Any business establishment or concern which provides for members of the public a partner for dance where the partner, or the dance is distinguished or characterized by an emphasis upon matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
5. Adult Hotel/Motel. A hotel, motel, or other similar business establishment or concern offering public accommodations for any form of consideration which as a regular and substantial course of conduct provides to its patrons, through the provision of rooms equipped with closed-circuit television, films, computer generated images, motion pictures, videos, discs, slides, other photographic reproductions, or other medium, material which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas and which rents, leases, or lets any room for less than a 12-hour period, or rents, leases, or lets any single room more than once in a 24-hour period.
6. Adult Modeling Studio. Any business or premises where there is furnished, provided, or procured, a figure model or models who pose in any manner which is characterized by its emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas where the model(s) is being observed or viewed by any person for the purpose of being sketched, photographed, painted, drawn, sculpted, filmed, or videotaped or otherwise depicted for a fee, compensation, gratuity, or other thing of value as consideration for the right or opportunity to so observe the model or to remain on the premises. “Adult Modeling Studio” does not include any live art class or any studio or classroom which is operated by any public agency, or any private educational institution authorized to issue and confer a diploma or degree in compliance with standards set by the State Board of Education.
7. Adult-Oriented Business. Any business establishment or concern which as a regular and substantial course of conduct operates as an adult arcade, adult bookstore, adult cabaret, adult dance studio, adult hotel/motel, adult modeling studio, adult theater; any business establishment or concern which as a regular and substantial course of conduct sells or distributes or offers for sale or distribution sexually oriented merchandise or sexually oriented material; or any other business establishment or concern which as a regular and substantial course of conduct offers to its patrons products, merchandise, services, or entertainment characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas. “Adult-oriented business” does not include those uses or activities, the regulation of which is preempted by State law. For the purposes of this Section, a business establishment or concern has established the provision of products, merchandise, services, or entertainment characterized by an emphasis on matters depicting describing, or relating to specified sexual activities or specified anatomical areas as a regular and substantial course of conduct when one or more of the following conditions exist:
a. The area devoted to adult merchandise and/or sexually oriented material exceeds more than 20 percent of the total display or floor space area open to the public;
b. The business establishment or concern presents any type of live entertainment which is characterized by an emphasis on specified sexual activity or specified anatomical areas at least four times in any month;
c. The regular and substantial course of conduct of the business consists of or involves the sale, trade, display, or presentation of services, products, or entertainment which are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
8. Adult Theater. A business establishment or concern which, as a regular and substantial course of conduct, presents live entertainment performances, motion pictures, videos, computer images, slide photographs, or other pictures or visual representations or reproductions which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
9. Adult-Oriented Business Operator. A person who supervises, manages, inspects, directs, organizes, controls, or in any other way is responsible for or in charge of the premises of an Adult-Oriented Business or the conduct or activities occurring on the premises thereof. This term shall hereinafter be referred to as “operator.”
10. Applicant. A person who is required to file an application for a permit under this Chapter, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of an Adult-Oriented Business.
11. Bar. Any commercial establishment licensed by the State Department of Alcoholic Beverage Control to serve any alcoholic beverages on the premises.
12. Distinguished or characterized by an emphasis upon. Shall mean and refer to the dominant or essential theme of the object described by the phrase. For instance, when the phrase refers to films “which are distinguished or characterized by an emphasis upon” the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character or theme are the depiction of the enumerated sexual activities or anatomical areas. See Pringle v. City of Covina (1981) 115 Cal.App.3d 151.
13. Entertainer. Any person who dances, models, entertains, and/or performs specified sexual activities or displays specified anatomical areas in an Adult-Oriented Business.
14. Establishment of an Adult-Oriented Business. Shall mean and include any of the following:
a. The opening or commencement of any Adult-Oriented Business as a new business;
b. The conversion of an existing business, whether or not an Adult-Oriented Business, to any Adult-Oriented Business defined herein;
c. The addition of any of the Adult-Oriented Businesses defined herein to any other existing Adult-Oriented Business; or
d. The relocation of any Adult-Oriented Business.
15. Figure Model. Any person who, for pecuniary compensation, consideration, hire, or reward, poses in a modeling studio to be observed, sketched, painted, drawn, sculptured, photographed, or otherwise depicted.
16. Live Art Class. Any premises on which all of the following occur: there is conducted a program of instruction involving the drawing, photographing, or sculpting of live models exposing specified anatomical areas; instruction is offered in a series of at least two classes; the instruction is offered indoors; an instructor is present in the classroom while any participants are present; and preregistration is required at least 24 hours in advance of participation in the class.
17. Nudity or a state of nudity. The showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the areola.
17. Operate an Adult-Oriented Business. The supervising, managing, inspecting, directing, organizing, controlling, or in any way being responsible for or in charge of the conduct of activities of an Adult-Oriented Business or activities within an Adult-Oriented Business.
19. Permittee. The person to whom an Adult-Oriented Business Permit is issued.
20. Person. Any individual, partnership, copartnership, firm, association, joint stock company, corporation, or combination of the above in whatever form or character.
21. School. Any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained in compliance with standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education or an institution of higher education, including a community or junior college, college, or university, but it does not include a vocational institution.
22. Semi-nude. A state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices.
23. Sexual Encounter Center. Any business, agency, or person who, for any form of consideration or gratuity, provides a place where three or more persons, not all members of the same family, may congregate, assemble, or associate for the purpose of engaging in specified sexual activities or exposing specified anatomical areas.
24. Sexually Oriented Material. Any element of sexually oriented merchandise, or any book, periodical, magazine, photograph, drawing, sculpture, motion picture film, video, disc, computer generated image, or other written, oral or visual representation which, for purposes of sexual arousal, provides depictions which are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
25. Sexually Oriented Merchandise. Sexually oriented implements and paraphernalia, including, but not limited to, dildos, auto sucks, sexually oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery or electrically operated vaginas or penises, and similar sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sado-masochistic activity or which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
26. 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/or (3) female breast below a point immediately above the top of the areola; or
b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
c. Any device, costume, or covering that simulates any of the body parts included in Subparagraphs a. or b., above.
27. Specified Sexual Activities. Shall mean and include any of the following, whether performed directly or indirectly through clothing or other covering;
a. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory function in the context of a sexual relationship, any of the following depicted sexually oriented acts or conduct: analingus, bestiality, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerastia; or
b. Clearly depicted human genitals in a state of sexual stimulation, arousal, or tumescence; or
c. Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or
d. Fondling, or touching of nude human genitals, pubic region, buttocks, or female breast; or
e. Masochism, erotic, or sexually oriented torture, beating, or the infliction of pain; or
f. Erotic or lewd touching, fondling, or other sexually oriented contact with an animal by a human being; or human excretion, urination, menstruation, vaginal, or anal irrigation; or
g. The presence of any person who performs, or appears in a state of nudity or semi nude.
Affordable and Inclusionary Housing Requirements. The following terms and phrases are defined for the purposes of Chapters 17.31 (Density Bonuses and Affordable Housing Incentives), and 17.32 (Inclusionary Housing Requirements).
1. Addition. An extension or increase in floor area of existing development project.
2. Affordable rent. Monthly rent, including tenant paid utilities allowances and all fees for housing services that does not exceed 30 percent of 80 percent of area median income for lower-income households. For very low-income households, affordable rents are monthly rents that do not exceed 30 percent of 50 percent of area median income. Where the applicant is requesting a density bonus in compliance with Chapter 17.31 or where the applicant is requesting direct financial assistance requiring a different rent, the term affordable rent for lower income households, shall mean monthly rents that do not exceed 30 percent of 60 percent of area median income in compliance with State law (Health and Safety Code Section 50079.5). Affordable rent shall be based on presumed occupancy levels of one person in a studio unit, two persons in a one-bedroom unit, three persons in a two-bedroom unit, and one additional person for each additional bedroom thereafter.
3. Affordable sales price. The maximum purchase price that will be affordable to the specified target income household. A maximum purchase price shall be considered affordable only if each monthly owner-occupied housing payment is equal to or less than one-twelfth of 30 percent of income for the specified target income household. In setting the affordable sales price, realistic assumptions regarding down payment, mortgage interest rate, and term will be established so that targeted income families can reasonably qualify. Affordable sales price shall be based upon presumed occupancy levels of one person in a studio unit, two persons in a one-bedroom unit, three persons in a two-bedroom unit, and one additional person for each additional bedroom thereafter.
4. Affordable units. Those dwelling units that are required to be rented at affordable rents or purchased at an affordable sales price to specified households.
5. Annual household income. The combined gross income for all adult persons living in a dwelling unit as calculated for the purpose of the Section 8 program under the United States Housing Act of 1937, as amended, or its successor.
6. Construction costs. The estimated cost per square foot of construction, as established by the Building Official for use in setting regulatory fees and Building Permits, multiplied by the total square footage, to be constructed, except for any floor area devoted to a garage.
7. Density Bonus. As defined by State law (Government Code Section 65915 et seq.), an increase of at least 20 percent, and not to exceed a maximum of 35 percent, over the maximum density otherwise allowed by the applicable zoning district under the certified LCP, that is granted to the owner/developer of a housing project who agrees to construct a prescribed percentage of dwelling units that are affordable to households of very low and/or low income. When determining the number of dwelling units that shall be affordable, the units authorized by the density bonus shall not be included in the calculation.
8. Developer. A corporation, firm, or person constructing, placing, or creating new residential development directly or through the services of an agent, employee, independent contractor, or otherwise.
9. Essential Public Service Employees. These employees include City of Fort Bragg sworn police officers, Fort Bragg Fire Protection Authority fire fighters, Fort Bragg Unified School District teachers, and Mendocino Coast District Hospital health care workers.
10. Gross floor area. The sum of the gross horizontal floor areas of a structure measured from the exterior face of exterior walls, or from the center line of a wall separating two structures. In cases where no walls exist, the gross horizontal floor area shall be that area covered by the roof excluding two feet on each side of the structure for a standard roof projection.
11. Inclusionary Housing In Lieu Fee. The fee established in compliance with Section 17.32.070 for residential development projects.
12. Inclusionary Housing Trust Fund. The City’s Inclusionary Housing Trust Fund established in compliance with Section 17.32.040.
13. Low-income household. A household with income of up to 80 percent of median income.
14. Market-rate unit. A dwelling unit in a residential project that is not an affordable unit.
15. Median income. The median income, adjusted for family size, applicable to the County as published annually in compliance with Title 25 of the California Code of Regulations, Section 6932 (or its successor provision) by the United States Department of Housing and Urban Development.
16. Moderate-income household. A household with an income of up to 120 percent of median income.
17. Monthly owner-occupied housing payment. That sum equal to the principal, interest, property taxes, homeowner’s insurance, and homeowner’s association dues paid on an annual basis divided by 12.
18. Residential development project. A project for the construction or placement of any dwelling unit in a permanent location, or the subdivision of land that is planned, designed, or used for one or more single-family dwellings, and/or multi-family dwellings or mobile home parks.
19. Very low-income household. A household with an income of up to 50 percent of median income.
Agent. A person authorized in writing by the property owner to represent and act for a property owner in contacts with City employees, committees, Commissions, and the Council, regarding matters regulated by this Land Use and Development Code.
Aggrieved Person. Any person who, in person or through a representative, appeared at a public hearing of the City of Fort Bragg or the California Coastal Commission in connection with the decision or action on a Coastal Development Permit application, or who, by other appropriate means prior to a hearing, informed the City of Fort Bragg or the California Coastal Commission of the nature of his/her concerns or who for good cause was unable to do either. “Aggrieved person” includes the applicant for a Coastal Development Permit.
Agricultural Accessory Structure. A structure for sheltering animals, or agricultural equipment, hay, feed, etc. Examples of these structures include barns, non-commercial greenhouses, coops, corrals, and pens. May also include the storage of petroleum products for an on-site agricultural use allowed by the applicable zoning district. Does not include pasture fencing, which requires no City approval when in compliance with Section 17.40.050 (Fences, Walls, and Screening).
Agricultural Product Processing. The processing of harvested crops to prepare them for on-site marketing or processing and packaging elsewhere. Examples of this land use include the following:
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alfalfa cubing corn shelling cotton ginning custom grist mills custom milling of flour, feed and grain dairies (but not feedlots, see instead “Livestock Operations, Sales Yards, Feedlots, Stockyards”) drying of corn, rice, hay, fruits and vegetables |
grain cleaning and custom grinding hay baling and cubing pre cooling and packaging of fresh or farm dried fruits and vegetables sorting, grading and packing of fruits and vegetables tree nut hulling and shelling wineries
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Alcoholic Beverage Sales. The retail sale of beer, wine, and/or distilled spirits for on-premise or off-premise consumption.
Alley. A public or private roadway that provides vehicle access to the rear or side of parcels having other public street frontage that is not intended for general traffic circulation.
Allowed Use. A use of land identified by Article 2 (Zoning Districts and Allowable Land Uses) as a permitted or conditional use that may be established with planning permit and, where applicable, Design Review and/or Building Permit approval, subject to compliance with all applicable provisions of this Land Use and Development Code.
Alteration. Any construction or physical change in the internal arrangement of rooms or the supporting members of a structure, or a change in the external appearance of any structure, not including painting.
Ambulance, Taxi, and Specialized Transportation Dispatch Facility. A base facility where ambulances, taxis, limousines, armored cars, tow trucks, and similar vehicles for specialized transportation are stored, and from which they are dispatched, and/or where ambulance vehicles and crews not based at a hospital or fire department stand by for emergency calls. Does not include storage facilities for towed vehicles, which is classified under “Vehicle Storage.”
Animal Keeping. See Section 17.42.040 (Animal Keeping).
Apartment. See “Multi-Family Housing.”
Appealable Area. The areas described by Public Resources Code Sections 30519(b) and 30603(a)(1) and (a)(2), within which a City decision to approve a development may be appealed to the California Coastal Commission.
Appealable Development. After certification of the Fort Bragg Local Coastal Program, an action taken by the City of Fort Bragg on a coastal development permit application may be appealed to the Coastal Commission for only the following types of developments:
1. Developments approved by the City between the sea and the first public road paralleling the sea or within 300 feet of the inland extent any beach or of the mean high tide line of the sea where there is no beach, whichever is the greater distance.
2. Developments approved by the City not included within paragraph (1) that are located on tidelands, submerged lands, public trust lands, within 100 feet of any wetland, estuary, or stream, within 300 feet of the top of the seaward face of any coastal bluff.
3. Any development which constitutes a major public works project or a major energy facility. The phrase “major public works” or a “major energy facility” as used in Public Resources Code Section 30603(a)(5) and in these regulations shall mean: any proposed public works project or energy facility, as defined by Section 13012 of the Coastal Commission Regulations and the Coastal Act.
Applicant. Any person who is filing an application requesting an action who is:
1. The owner or lessee of property;
2. A party who has contracted to purchase property contingent upon that party’s ability to acquire the necessary approvals required for that action in compliance with this Land Use and Development Code, and who presents written authorization from the property owner to file an application with the City; or
3. The agent of either of the above who presents written authorization from the property owner to file an application with the City.
Approval. Includes both approval and approval with conditions.
Aquaculture. Section 30100.2 of the Coastal Act states that: (1) aquaculture means a form of agriculture as defined in Section 17 of the Fish and Game Code; (2) aquaculture products are agricultural products; and (3) aquaculture facilities and land uses shall be treated as agricultural facilities and land uses in all planning and permit-issuing decisions governed by this Division.
Areas of special biological significance. A subset of state water quality protection areas, and require special protection as determined by the [State Water Board] pursuant to the California Ocean Plan adopted and reviewed pursuant to [Water Code Sections 13160 et. seq.] and pursuant to the [Thermal Plan] adopted by the state board.” (PRC Section 36700(f))
Architectural Feature. An exterior building feature including roof, windows, doors, porches, etc.
Arterial Street. An arterial street as identified by the Circulation Element of the General Plan.
Artisan/Craft Product Manufacturing. Establishments manufacturing and/or assembling small products primarily by hand, including jewelry, pottery and other ceramics, as well as small glass and metal art and craft products.
Artisan Shop. A retail store selling art glass, ceramics, jewelry, paintings, sculpture, and other handcrafted items, where the store includes an area for the crafting of the items being sold.
Assessed Value. The value of a structure as shown in the records of the County Assessor.
Attic. The area located between the uppermost plate and the roof or ridge of a structure.
Auto and Vehicle Sales/Rental. A retail or wholesale establishment selling and/or renting automobiles, trucks and vans, trailers, motorcycles, and bicycles (bicycle sales are also included under “General Retail”). Vehicles for sale may be displayed outdoors or indoors, as authorized by the required Use Permit.
May also include repair shops and the sales of parts and accessories, incidental to vehicle dealerships. Does not include: the sale of auto parts/accessories separate from a vehicle dealership (see “Auto Parts Sales”); mobile home, recreational vehicle, or watercraft sales (see “Mobile Home, RV and Boat Sales”); tire recapping establishments (see “Vehicle Services”); businesses dealing exclusively in used parts, (see “Recycling - Scrap and Dismantling Yards”); or “Service Stations,” which are separately defined.
Auto Parts Sales. Stores that sell new automobile parts, tires, and accessories. Establishments that provide installation services are instead included under “Vehicle Services - Repair and Maintenance - Minor.” Does not include tire recapping establishments, which are found under “Vehicle Services” or businesses dealing exclusively in used parts, which are included under “Recycling - Scrap and Dismantling Yards.”
Auto Repair. See “Vehicle Services.”
Automated Teller Machine (ATM). Computerized, self-service machines used by banking customers for financial transactions, including deposits, withdrawals and fund transfers, without face-to-face contact with financial institution personnel. The machines may be located at or within banks, or in other locations, as allowed by Article 2. Does not include drive-up ATMs; see “Drive-Through Services.”
B. Definitions, “B.”
Bank, Financial Services. Financial institutions including:
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banks and trust companies credit agencies holding (but not primarily operating) companies lending and thrift institutions other investment companies |
securities/commodity contract brokers and dealers security and commodity exchanges vehicle finance (equity) leasing agencies |
See also “Automated Teller Machine.” Does not include check cashing stores, which are instead defined under “Personal Services - Restricted.”
Bar/Tavern. A business where alcoholic beverages are sold for on-site consumption, which are not part of a larger restaurant. Includes bars, taverns, pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. May include dancing as an incidental use, if authorized by the Use Permit approval for the facility. Does not include adult entertainment businesses, which are separately defined.
Beach, inland extent. The inland extent of the beach shall be determined as follows:
1. from a distinct linear feature (e.g., a seawall, road, or bluff, etc.);
2. from the inland edge of the further inland beach berm as determined from historical surveys, aerial photographs, and other records or geological evidence; or
3. where a beach berm does not exist, from the further point separating the dynamic portion of the beach from the inland area as distinguished by vegetation, debris or other geological or historical evidence.
Bed and Breakfast Inn (B&B). See “Lodging.”
Best Management Practices (BMPs). Activities, practices, and procedures to prevent or reduce the discharge of pollutants directly or indirectly to the municipal storm drain system and waters of the United States. Best Management Practices include: treatment facilities to remove pollutants from stormwater; operating and maintenance procedures; facility management practices to control runoff, spillage or leaks of non-stormwater, waste disposal, and drainage from materials storage; erosion and sediment control practices; and the prohibition of specific activities, practices, and procedures and such other provisions as the City determines appropriate for the control of pollutants.
Big Box Retail. A large formula retail establishment that is generally located on an arterial or collector roadway, requires a site of one acre or larger, and generally contains one or several businesses or structures totaling 30,000 or more square feet. They may operate as stand-alone facilities, but also in a type of shopping center called a “power center” or “value mall” having common characteristics including large warehouse-sized buildings and a reliance on auto-borne traffic. Warehouse retail stores that emphasizes the packaging and sale of products in large quantities or volumes, some at discounted prices, where products are typically displayed in their original shipping containers. Patrons may be required to pay membership fees.
Bluff, Coastal. A bluff overlooking a beach or shoreline or that is subject to marine erosion. Many coastal bluffs consist of a gently sloping upper bluff and a steeper lower bluff or sea cliff. The term “coastal bluff” refers to the entire slope between a marine terrace or upland area and the sea. The term “sea cliff” refers to the lower, near vertical portion of a coastal bluff. For purposes of establishing jurisdictional and permit boundaries coastal bluffs include, (1) those bluffs, the toe of which is now or was historically (generally within the last 200 years) subject to marine erosion; and (2) those bluffs, the toe of which is not now or was not historically subject to marine erosion, but the toe of which lies within an area otherwise identified as an Appealable Area.
Bluff Edge. The upper termination of a bluff, cliff, or seacliff: In cases where the top edge of the cliff bluff is rounded away from the face of the cliff bluff as a result of erosional processes related to the presence of the steep cliff bluff face, the bluff line or edge shall be defined as that point nearest the cliff bluff beyond which the downward gradient of the surface increases more or less continuously until it reaches the general gradient of the cliff bluff. In a case where there is a steplike feature at the top of the cliff bluff face, the landward edge of the topmost riser shall be taken to be the cliff bluff edge. Bluff edges typically retreat landward due to coastal erosion, landslides, development of gullies, or by grading (cut). In areas where the bluff top or bluff face has been cut or notched by grading, the bluff edge shall be the landwardmost position of either the current of historic bluff edge. In areas where fill has been placed near or over the historic bluff edge, the original natural bluff edge, even if buried beneath fill, shall be taken to be the bluff edge.
Blufftop access. Provides access and coastal viewing along blufftops that run parallel to the shoreline, and in some cases provide the only opportunity for public access along the shoreline above a rocky intertidal zone with no sandy beach.
Broadcasting Studio. Commercial and public communications use including radio and television broadcasting and receiving stations and studios, with facilities entirely within buildings. Does not include transmission and receiving apparatus, including antennas and towers, which are instead defined under “Telecommunications Facilities”.
Building and Landscape Materials Sales. A retail establishment selling hardware, lumber and other large building materials, plant materials, and other landscaping materials. Includes paint, wallpaper, glass, fixtures. Includes all these stores selling to the general public, even if contractor sales account for a major proportion of total sales. Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are classified in “Wholesaling and Distribution.”
Building Frontage. A building wall adjacent to a parcel boundary that abuts a public right-of-way. A primary building frontage provides the main pedestrian entrance to the building. A secondary building frontage abuts a side street, rear entrance, or has an entrance from other than a public right-of-way. See Figure 10-1.
Figure 10-1 - Building Frontage
Building Height. See Section 17.30.060 (Height Limits and Exceptions).
Building Official. The Building Official of the City of Fort Bragg, or designee of the Building Official.
Business Support Service. An establishment within a building that provides services to other businesses. Examples of these services include:
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blueprinting |
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computer-related services (rental, repair) |
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copying and quick printing services |
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courier, messenger, and delivery services, small scale, without fleet vehicle storage (see also “Freight Terminals”) |
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film processing and photofinishing (retail) |
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outdoor advertising services |
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mailing and mail box services |
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protective services (other than office related) |
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security systems services |
C. Definitions, “C.”
Cabinet Shop. See “Furniture and Fixtures Manufacturing, Cabinet Shops.”
California Coastal Act or Coastal Act. The California Coastal Act of 1976, Division 20 of the Public Resources Code, as amended.
California Coastal Trail (CCT). A continuous public right-of-way along the California coastline; a trail designed to foster appreciation and stewardship of the scenic ad natural resources of the coast through hiking and other complementary modes of non-motorized transportation.
California Environmental Quality Act (CEQA). State law (California Public Resources Code Sections 21000 et seq.) requiring public agencies to document and consider the environmental effects of a proposed action, prior to allowing the action to occur.
California Public Utilities Commission (CPUC). The governmental agency which regulates the terms and conditions of public utilities in the State.
Caretaker Quarters. A permanent residence that is secondary or accessory to the primary use of the property, and used for housing a caretaker employed on the site of any non-residential use where needed for security purposes or to provide 24 hour care or monitoring of people, plants, animals, equipment, or other conditions on the site.
Carriage House. See “Second Unit or Carriage House.”
Catering Service. A business that prepares food for consumption on the premises of a client.
Change of Use. The replacement of an existing use on a lot or parcel, or any portion thereof, by a new use, or a change in the nature of an existing use; but does not include a change of ownership, tenancy, or management associated with a use for which the previous nature of the use will remain substantially unchanged.
Child Day Care Center. See “Day Care.”
City. The City of Fort Bragg, State of California, referred to in this Land Use and Development Code as the “City.” For the purposes of this Land Use Code, “City” includes the Fort Bragg City Council, Planning Commission, advisory agencies, appeals boards, agents, employees, and officers of the City of Fort Bragg.
City Council. The Fort Bragg City Council, referred to in this Land Use and Development Code as the “Council.”
Clean Water Act. The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any amendments to the Act.
Coastal Act. The California Coastal Act of 1976, California Public Resources Code Sections 30000 et seq., as amended.
Coastal Commission. The California Coastal Commission as established by the California Coastal Act of 1976.
Coastal Dependent Use. Any development or use that requires a site on, or adjacent to the ocean to function.
Coastal Development Permit. A discretionary land use permit that may be granted in compliance with Section 17.71.040 (Coastal Development Permit) required pursuant to this Development Code and subdivision (a) of the Coastal Act Section 30600. which authorizes development in the coastal zone subject to compliance with any conditions of approval imposed on the permit.
Coastal Land Use and Development Code. The City of Fort Bragg’s Coastal Land Use and Development Code, Title 17 of the Fort Bragg Municipal Code, referred to herein as “this Coastal Land Use and Development Code.”
Coastal-related development. Any use that is dependent on a coastal-dependent development or use.
Coastal Resources. Include, but are not limited to, public access opportunities, visitor and recreational facilities, water-oriented activities, marine resources, biological resources, environmentally sensitive habitat areas, agricultural lands, and archaeological or paleontological resources.
Coastal Zone. The land and water area boundaries established by the California Coastal Act of 1976, and as defined by Section 30103 of the Public Resources Code
Commercial Recreation Facility - Indoor. Establishments providing indoor amusement and entertainment services for a fee or admission charge, including:
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bowling alleys |
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card rooms |
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coin-operated amusement arcades |
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dance halls, clubs and ballrooms |
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electronic game arcades (video games, pinball, etc.) |
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ice skating and roller skating |
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pool and billiard rooms as primary uses |
This use does not include adult oriented businesses, which are separately defined. Four or more electronic games or coin operated amusements in any establishment, or a premises where 50 percent or more of the floor area is occupied by amusement devices, are considered an electronic game arcade as described above; three or fewer machines are not considered a land use separate from the primary use of the site.
Commercial Recreation Facility - Outdoor. A facility for various outdoor recreational activities, where a fee is charged for use. Examples include:
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amusement and theme parks |
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go-cart tracks |
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golf driving ranges |
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miniature golf courses |
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water slides |
May also include commercial facilities customarily associated with the above outdoor commercial recreational uses, including bars and restaurants, video game arcades, etc.
Community Center. A multi-purpose meeting and recreational facility typically consisting of one or more meeting or multi-purpose rooms, kitchen and/or outdoor barbecue facilities, that are available for use by various groups for such activities as meetings, parties, receptions, dances, etc.
Community Garden. A site for growing plants that is shared and maintained by community residents.
Condition of Project Approval. Any performance standard, prescribed change in a project, environmental mitigation measure, or other City imposed requirement to alter or modify the project in any manner from the description in the application originally submitted for City approval.
Condition, Quantifiable. A condition placed upon a project that requires the permit holder or project proponent to meet specific measurable standards. The measurement of a quantifiable condition shall be intended to be a finding of conforming to a measurable standard.
Condition, Time Specific. A condition placed upon a project that requires the satisfactory completion or undertaking of an approval requirement before a specific date or phase of the project development.
Condominium. As defined by Civil Code Section 1715, a development where undivided interest in common in a portion of real property is coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map or parcel map.
Conference/Convention Facility. One or more structures accommodating multiple assembly, meeting, and/or exhibit rooms, and related support facilities (e.g., kitchens, offices, etc.).
Construction Activity. In the context of Chapter 17.64 (Urban Runoff Pollution Control), “construction activity” means activities subject to NPDES Construction Permits. These include construction projects resulting in land disturbance of five acres or more. These activities include clearing and grubbing, grading, excavating, and demolition.
Construction Contractor Base. Office, and indoor and/or outdoor storage facilities operated by, or on behalf of a contractor licensed by the State of California for storage of large equipment, vehicles, and/or other materials commonly used in the individual contractor’s type of business; storage of scrap materials used for repair and maintenance of contractor’s own equipment; and buildings or structures for uses such as repair facilities. Includes building contractors, landscape contractors, sign contractors, etc.
Construction and Heavy Equipment Sales and Rental. Retail establishments selling or renting construction, farm, or other heavy equipment. Examples include cranes, earth moving equipment, tractors, combines, heavy trucks, etc.
Construction Pollution Prevention Plan. A construction-phase erosion, sedimentation, and polluted runoff control plan that specifies temporary Best Management Practices (BMPs) that will be implemented to minimize erosion and sedimentation during construction, and prevent contamination of runoff by construction chemicals and materials. This plan is required for all development that requires a grading permit.
Convenience Store. A neighborhood serving retail store of 3,500 square feet or less in gross floor area, which carries a range of merchandise oriented to daily convenience shopping needs.
Conveyance, or Convey. Any transfer, sale, lease, rent, or disposition of or act to transfer, sale, lease, rent, or dispose of any affordable unit and include, but are not limited to, transfer of title or any interest therein by nonjudicial or judicial foreclosure and sale; but does not include transfer by gift, devise, or inheritance to the unit owner’s spouse or issue, taking of title by surviving joint tenant, transfer of title to a spouse as part of divorce or dissolution proceedings, or acquisition of title or interest therein in conjunction with marriage.
County. The County of Mendocino, State of California.
Crop Production, Horticulture, Orchard, Vineyard. Commercial agricultural production field and orchard uses, including the production of the following, primarily in the soil on the site and not in containers, other than for initial propagation prior to planting in the soil on the site:
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field crops flowers and seeds fruits grains melons |
ornamental crops tree nuts trees and sod vegetables wine and table grapes |
Also includes associated crop preparation services and harvesting activities, such as mechanical soil preparation, irrigation system construction, spraying, crop processing and retail sales in the field, not including sales sheds, which are instead defined under “Produce Stand.” Does not include greenhouses which are instead defined under “Plant Nursery,” and “Residential Accessory Use or Structure,” or containerized crop production, which is instead defined under “Plant Nursery.” Does not include non-commercial home gardening, which is allowed as an accessory use in all zoning districts without City approval.
Cumulatively or cumulative effect. The incremental effects of an individual project shall be reviewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.
D. Definitions, “D.”
Day Care, Adult. A state-licensed day care facility providing care and supervision more than six adults for periods of less than 24 hours for any client.
Day Care, Child. Facilities that provide non-medical care and supervision of minor children for periods of less than 24 hours. These facilities include the following, all of which are required to be licensed by the California State Department of Social Services.
1. Day Care Center. Commercial or non-profit child day care facilities designed and approved to accommodate 15 or more children. Includes infant centers, preschools, sick-child centers, and school-age day care facilities. These may be operated in conjunction with a school or church facility, or as an independent land use.
2. Family Day Care Home. As defined by Health and Safety Code Section 1596.78, a home that regularly provides care, protection, and supervision for 14 or fewer children, in the provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away, and is either a large family day care home or a small family day care home.
3. Large Family Day Care Home. As defined by Health and Safety Code Section 1596.78, a day care facility in a single-family dwelling where an occupant of the residence provides family day care for seven to 14 children, inclusive, including children under the age of 10 years who reside in the home.
4. Small Family Day Care Home. As defined by Health and Safety Code Section 1596.78, a day care facility in a single-family residence where an occupant of the residence provides family day care for eight or fewer children, including children under the age of 10 years who reside in the home.
Density. The number of housing units per acre, unless otherwise stated, for residential uses.
Density Bonus. See “Affordable and Inclusionary Housing Requirements.”
Department. The City of Fort Bragg Community Development Department, referred to in this Land Use and Development Code as the “Department.”
Detached Structure. A detached structure is any building that does not share a physical wall with the primary structure. Buildings that are “attached” to the primary structure via a breezeway, covered patio, or other hall are detached structures.
Development. On land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the subdivision map act (commencing with Government Code Section 66410), and any other division of land except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z’berg Nejedly Forest Practice Act of 1973 (commencing with Public Resources Code Section 4511).
Development Agreement. A contract between the City and an applicant for a development project, in compliance with the Municipal Code, and Government Code Sections 65864 et seq. A development agreement is intended to provide assurance to the applicant that an approved project may proceed subject to the policies, rules, regulations, and conditions of approval applicable to the project at the time of approval, regardless of any changes to City policies, rules, and regulations after project approval. In return, the City may be assured that the applicant will provide infrastructure and/or pay fees required by a new project.
Developments of Special Water Quality Concern. Certain categories of development that have the potential for greater adverse coastal water quality impacts, due to the development size, type of land use, or proximity to coastal waters. These developments shall be subject to additional requirements to protect coastal water quality.
Diameter of a Tree. Trunk diameter measured at 4.5 feet above the ground (also known as “Diameter at Breast Height,” or “DBH).
Diking, Filling, and Dredging in Wetlands (land use type):
Means those allowable uses for diking, filling, and dredging in wetlands as specified under Section 30233(a) of the Coastal Act and include the following:
1. New or expanded port, energy, and coastal dependent industrial facilities, including commercial fishing facilities.
2. Maintaining existing or restoring previously dredged depths in existing navigational channels, turning basins, vessel berthing and mooring areas, and boat launching ramps.
3. New or expanded boating facilities and the placement of structural pilings for public recreational piers that provide public access and recreational opportunities.
4. Incidental public service purposes, including but not limited to burying cables and pipes or inspection of piers and maintenance of existing intake and outfall pipelines.
5. Restoration purposes.
6. Nature study, aquaculture, or similar resource dependent activities.
Diking, Filling, and Dredging of open coastal waters, wetlands, and estuaries shall be permitted only where there is no feasible less environmentally damaging alternative, and where feasible mitigation measures have been provided to minimize adverse environmental effects, and shall be limited to the uses listed in (1)-(6) above.
Directly Connected Impervious Area. The area covered by a building, impermeable pavement, and/or other impervious surfaces, which drains directly into the storm drain without first flowing across permeable land area (e.g., lawns).
Director. The City of Fort Bragg Community Development Director, or designee of the Director.
Discharge Directly to the Ocean or a Waterbody. Outflow from a drainage conveyance system that is composed entirely of flows from the subject development or redevelopment site, and not commingled with flows from adjacent lands.
Discretionary land use approval. Any decision of the City to approve the request of an applicant for a General Plan amendment, Zoning Map amendment, Tentative Map, Vesting Tentative Map, Final Map, Final Map modification or amendment, boundary line adjustment, Certificate of Compliance, Conditional Certificate of Compliance, Coastal Development Permit, development agreement, Minor Use Permit, Use Permit, permit extension of time or modification, Variance, or Minor Variance, reclamation plan, time extension, administrative permit pertaining to a land use approval or any accompanying California Environmental Quality Act (CEQA) determination pertaining to any type of approval referred to in this definition.
Discretionary permit. Any permit or license issued by the City for a project that requires the exercise of judgment or deliberation wherein the City decides to either approve or disapprove a particular activity in compliance with applicable laws, including Minor Use Permits, Use Permits, Minor Variances, Variances, Design Review Approval, and Subdivision Maps.
District. See “Zoning District.”
Drive-Through Retail or Service. A facility where food or other products may be purchased, or where services may be obtained by motorists without leaving their vehicles. Examples of drive-through sales facilities include fast-food restaurants, drive-through coffee, dairy product, photo stores, pharmacies, etc. Examples of drive-through service facilities include drive-through bank teller windows, dry cleaners, etc., but do not include automated teller machines (ATMs), gas stations or other vehicle services, which are separately defined.
Duplex. See “Multi-Family Housing.”
Dwelling, Dwelling Unit, or Housing Unit. A room or group of internally connected rooms that have sleeping, cooking, eating, and sanitation facilities, but not more than one kitchen, which constitute an independent housekeeping unit, occupied by or intended for one household on a long-term basis.
E. Definitions, “E.”
Easement. A grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation or another person or entity.
Effective Date of the Coastal Act. February 1, 1973 for areas subject to the California Coastal Zone Conservation Act and January 1, 1977 for those areas identified as the Coastal Zone and subject to the California Coastal Act of 1976.
Effective Date of Coastal Land Use Development Code. The date of effective certification by the Coastal Commission pursuant to Section 13544 of Title 14 of the California Code of Regulations.
Effective Date of Coastal General Plan. The date of effective certification by the Coastal Commission pursuant to Section 13544 of Title 14 of the California Code of Regulations.
Emergency. A sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services.
Emergency/Transitional Shelter. A facility for the temporary shelter and feeding of indigents or disaster victims, operated by a public or non-profit agency.
Engineering Geologist. A registered geologist certified as an Engineering Geologist by the State of California.
Engineering Geology. The application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works.
Environmental Impact Report (EIR). An informational document used to assess the physical characteristics of an area and to determine what effects will result if the area is altered by a proposed action, prepared in compliance with the California Environmental Quality Act (CEQA).
Environmentally Sensitive Habitat Area (ESHA). Any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in the ecosystem and which could be easily disturbed or degraded by human activities and developments.
Environmentally Sensitive Habitat Area (ESHA) Buffer. A transitional area adjacent to environmentally sensitive habitat that provides distance and physical barrier to human intrusion. The purpose of this buffer area is to provide for a sufficient area to protect environmentally sensitive habitats from significant degradation resulting from future development. Buffers shall be of a sufficient size to ensure the biological integrity and preservation of the ESHA they are designed to protect. The width of the buffer area shall be a minimum of 100 feet, unless an applicant can demonstrate, after consultation and agreement with the California Department of Fish and Game, and the City, that 100 feet is not necessary to protect the resources of that particular habitat area and the adjacent upland transitional habitat function of the buffer from possible significant disruption caused by the proposed development. The buffer area shall be measured from the outside edge of the environmentally sensitive habitat areas and in no event shall be less than 30 feet in width.
Equestrian Facility. A commercial facility for horses, donkeys, and/or mules, examples of which include horse ranches, boarding stables, riding schools and academies, horse exhibition facilities (for shows or other competitive events), and barns, stables, corrals and paddocks accessory and incidental to these uses. Does not include the simple pasturing of horses, donkeys, and/or mules, which is instead included in “Animal Keeping” as regulated by Section 17.42.040.
Equipment Rental. A service establishment that may offer a wide variety of household and business equipment, furniture, and materials for rental. Does not include construction equipment rental, which is separately defined.
Estuary. A coastal water body, usually semi-enclosed by land, having open, partially obstructed, or intermittent exchange with the open ocean, and in which ocean water is at least occasionally diluted by freshwater from the land. The salinity level my be periodically increased to above that of the open ocean due to evaporation. The mean high tide line shall be defined as the statistical mean of all the high tides over the cyclical period of 18.6 years, and shall be determined by reference to the records and elevations of tidal benchmarks established by the National Ocean Survey. In areas where observations covering a period of 18.6 years are not available, a determination may be made based on observations covering a shorter period, provided they are corrected to a mean value by comparison with observations made at some suitably located control tide station.
F. Definitions, “F.”
Farm Supply and Feed Store. A retail business selling supplies for use in soil preparation and maintenance, the planting and harvesting of crops, the keeping and raising of farm animals, and other operations and processes pertaining to farming and ranching. Does not include the sale, rental, or repair of farm machinery and equipment, which is instead included in the definition of “Construction and Heavy Equipment Sales and Rental.”
Farmers Market. The temporary use of a site for the outdoor sales of food and farm produce items from vehicles, in compliance with California Food and Agriculture Code Sections 1392 et seq.
Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.
Fence. A constructed, un-roofed barrier of wood, metal, masonry, or other material as allowed by this Land Use and Development Code, that is intended to enclose, separate, define, secure, protect, and/or screen one or more areas of a site. Includes masonry walls.
1. Open Wire Fence. A fence through which fenced areas remain visible because of the wire mesh used for the fence. Includes chain link fencing, deer fencing, etc.
2. Safety Fence. A fence constructed to prevent access to a hazard or hazardous area.
3. Razor or Concertina Wire. Sharp fencing materials that are designed to lacerate animals or unauthorized persons attempting to climb or cross the fence through other than a gate.
Fill. Any earth or material or substance, including pilings, placed for the purposes of erecting structures thereon, placed in a submerged or upland area.
First Public Road Paralleling the Sea. That road nearest the sea, as defined in this Section, and which meets all of the following criteria:
1. The road is lawfully open and suitable for uninterrupted use by the public;
2. The road is maintained by a public agency;
3. The road contains an improved all-weather surface open to motor vehicle traffic in at least one direction;
4. The road is not subject to any restrictions on use by the public except during an emergency or for military purposes; and
5. The road connects with other public roads providing a continuous access system and generally parallels and follows the shoreline of the sea so as to include all portions of the sea where the physical features such as bays, lagoons, estuaries and wetlands cause the waters of the sea to extend landward of the generally continuous coastline.
Fish Processing. An establishment that prepares raw fish for wholesale distribution and/or retail sale.
Floor Area Ratio (FAR). The Floor Area Ratio (FAR) is the ratio of floor area to total lot area. FAR restrictions are used to limit the maximum floor area allowed on a site (including all structures on the site). The maximum floor area of all structures (measured from exterior wall to exterior wall) permitted on a site (excluding carports) shall be determined by multiplying the Floor Area Ratio (FAR) by the total net area of the site (FAR x Net Site Area ’ Maximum Allowable Floor Area). See Figure 10-2.
Figure 10-2 - Floor Area Ratio
Formula Business. A business that is required by contractual or other arrangement to maintain standardized uses, services, decor, uniforms, architecture, signs, or other similar features. Formula businesses include retail sales and services and visitor accommodations.
Freight Terminal. A transportation facility furnishing services incidental to air, motor freight, and rail transportation. Examples of these facilities include:
freight forwarding services
freight terminal facilities
home and business moving and storage services
joint terminal and service facilities
overnight mail processing and delivery dispatch facilities
packing, crating, inspection and weighing services
postal service bulk mailing distribution centers
Fuel Dealer. A retail trade establishment that sells fuel oil, butane, propane and liquefied petroleum gas (LPG), bottled or in bulk, to consumers.
Furniture, Furnishings and Appliance Store. A store that primarily sells the following products and related services, that may also provide incidental repair services:
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computers and computer equipment draperies floor coverings furniture glass and chinaware home appliances home furnishings home sound systems interior decorating materials and services large musical instruments |
lawn furniture office furniture other household electrical and gas appliances outdoor furniture pool tables refrigerators spas, hot tubs, swimming pools stoves televisions
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G. Definitions, “G.”
Garage, or Carport. Parking space and shelter for automobiles or other vehicles, where the size of the parking space complies with the provisions of Chapter 17.36 (Parking and Loading).
1. A garage is an attached or detached accessory structure with a door, enclosed on at least three sides.
2. A carport is an attached or detached accessory structure enclosed on no more than two sides.
A garage or carport complies with the requirements of this Land Use and Development Code for “covered” parking spaces.
General Plan. The City of Fort Bragg General Plan, including all its elements and all amendments thereto, as adopted by the City Council in compliance with Government Code Section 65300 et seq., and referred to in this Land Use and Development Code as the “General Plan.”
General Retail. Stores and shops selling many lines of merchandise. Examples of these stores and lines of merchandise include:
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antique stores art galleries, retail art supplies, including picture framing services bicycles books, magazines, and newspapers cameras and photographic supplies clothing, shoes, and accessories collectibles (cards, coins, comics, stamps, etc.) department stores dry goods fabrics and sewing supplies florists and houseplant stores (indoor sales only outdoor sales are “Building and Landscape Materials Sales”) hardware (not including building or landscape materials) |
hobby materials jewelry luggage and leather goods musical instruments, parts and accessories orthopedic supplies records, CDs religious goods small wares specialty shops sporting goods and equipment stationery toys and games variety stores videos, DVDs, including rental
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Does not include adult oriented businesses, which are separately defined.
Grade. The ground surface immediately adjacent to the exterior base of a structure, typically used as the basis for measurement of the height of the structure.
Grading. The following terms and phrases are defined for the purposes of Chapters 17.60, and 17.62, regarding grading, drainage, erosion and sediment control.
1. As-Graded. The extent of ground surface conditions on completion of grading.
2. Borrow. Earth material acquired form an off-site location for use in grading on a site.
3. Compaction. The increase in the density of soil or rock fill by mechanical means.
4. Depth of Cut. The vertical dimension from the exposed cut surface to the original ground surface at the cut’s deepest point, generally at the hinge point. Where the construction slope is steeper than 3:1, the depth shall be measured from the top of the cut.
5. Depth of Fill. The vertical dimension from the exposed fill surface to the original ground surface at the fill’s deepest point, generally at the hinge point. Where the construction slope is steeper than 3:1, the depth shall be measured from the toe of the slope.
6. Earth Material. Any rock, natural soil or fill and/or any combination thereof.
7. Embankment. A fill consisting of a deposit of soil, rock or other materials mechanically placed, including the conditions resulting therefrom.
8. Erosion. The wearing away of the ground surface as a result of the movement of wind, water, or ice.
9. Excavation. The mechanical removal of earth material.
10. Grading. Any excavating or filling or combination thereof.
11. Key. A designed compacted fill placed in a trench excavated in earth material beneath the toe of a proposed slope.
12. Landform Grading. A contour grading method that creates artificial slopes with curves and varying slope ratios in the horizontal and vertical planes designed to simulate the appearance of surrounding natural terrain.
Green Building Project. A project that is certifiably green by either the United States Green Building Council (LEED program) and/or Build it Green.
Groceries, Specialty Foods. A retail business where the majority of the floor area open to the public is occupied by food products packaged for preparation and consumption away from the store. Includes retail bakeries, where any on-site baking is only for on-site sales.
Guest House. A detached structure accessory to a single-family dwelling, accommodating living/sleeping quarters, but without kitchen or cooking facilities.
H. Definitions, “H.”
Habitable Space. Space within a dwelling unit for living, sleeping, eating, or cooking.
Harbor and Marina Facilities. Facilities providing a full range of services related to: commercial and recreational fishing; fisheries and hatcheries; seafood processing; ship and boat building, maintenance and repair; marine hardware sales and service; petroleum storage and handling; boat storage and miscellaneous storage activities; boat charter operations, etc.
Hazardous Material. Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed (California Health and Safety Code § 25117).
Health/Fitness Facility. A fitness center, gymnasium, health and athletic club, which may include any of the following: sauna, spa or hot tub facilities; indoor tennis, handball, racquetball, archery and shooting ranges and other indoor sports activities. Does not include adult entertainment businesses.
Height. See Section 17.30.060 (Height Limits and Exceptions).
Home Occupation. The conduct of a business within a dwelling unit or residential site, employing only the occupants of the dwelling, with the business activity being subordinate to the residential use of the property.
Hotel or Motel. See “Lodging.”
Household Pets. The keeping/raising of birds, cats, dogs, or other common household pets, as determined by the Director, accessory to a residential use.
I. Definitions, “I.”
Illegal Discharge. Any direct or indirect non-storm water discharge to the storm drain system, except as exempted in Section 17.64.020 (Urban Runoff Water Quality and Discharge Management).
Illicit Connection. An illicit connection is either of the following:
1. Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system, including any conveyances that allow any non-storm water discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether the drain or connection had been previously allowed, permitted, or approved by a government agency; or
2. Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by the City.
Impervious Surface. Any material that prevents absorption of water into land.
Implementing actions. The ordinances, regulations, or programs which implement either the provisions of the certified local coastal program or the policies of the Coastal Act and which are submitted pursuant to Coastal Act Section 30502.
Incidental Agriculture. Non-commercial crop production, horticulture, and orchard uses; and private, non-commercial stables and corrals.
Inclusionary Unit or Inclusionary Dwelling Unit. Equivalent of Affordable Unit.
Industrial Activity. Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26 (b)(14).
Industrial Research and Development (R&D). A facility for scientific research, and the design, development and testing of electrical, electronic, magnetic, optical and computer and telecommunications components in advance of product manufacturing, and the assembly of related products from parts produced off-site, where the manufacturing activity is secondary to the research and development activities, and where no more than 30 percent of the total floor area is office. Includes pharmaceutical, chemical and biotechnology research and development. Does not include soils and other materials testing laboratories (see “Laboratory”), or medical diagnostic laboratories (see “Medical Services - Laboratory”).
Infiltration. The downward entry of water into the surface of the soil.
Intensification of Use. A change in the use or increase in size (area) of a structure or site; or a change in the operating characteristics of a use (for example, hours of operation), which generates more activity on the site.
J. Definitions, “J.” No specialized terms beginning with the letter “J” are defined at this time.
K. Definitions, “K.”
Kennel, Animal Boarding. A commercial facility for the grooming, keeping, boarding or maintaining of five or more dogs (four months of age or older), or five or more cats except for dogs or cats for sale in pet shops, or patients in animal hospitals. A business that provides grooming services with no boarding facilities is classified under “Personal Services.” See also “Veterinary Clinic, Animal Hospital.”
Kitchen. A room or space within a building used or intended to be used for the cooking or preparation of food, which includes any of the following: refrigerator, stove, oven, range top, dishwasher, kitchen sink.
L. Definitions, “L.”
Laboratory - Analytical, Testing. A facility for testing and analysis, and/or research. Examples of this use include soils and materials testing labs, and forensic labs. See also “Industrial Research and Development.” Does not include diagnostic medical laboratories, which are classified under “Medical Services - Laboratory.”
Land Use. The purpose for which land or a structure is designed, arranged, intended, occupied, or maintained.
Land use plan. The relevant portions of a local government’s general plan, or local coastal program which are sufficiently detailed to indicate the kinds, location, and intensity of land uses, the applicable resource protection and development policies and, where necessary, a listing of implementing actions. (Coastal Act Section 30108.5)
Landscaping Standards. The following terms are defined for the purposes of Chapter 17.34 (Landscaping Standards).
1. Drought resistant cool season grass. Cool season grasses which can tolerate drought stress. These grasses usually require high water use irrigation scheduling to stay green and vital, but will survive under limited water (e.g., turf type tall fescues, Medallion, and Rebel).
2. Functional need (for turf). Turf planting which serves a functional or practical need rather than purely aesthetic purpose. Examples include: athletic fields and pedestrian circulation areas.
3. High water use plantings. Annuals, container plantings, and plans recognized as high water use (e.g., Rhododendrons or Birch) or plants documented as having a plant factor greater than 0.6.
4. Hydrozone. A landscape area having plants with similar water needs. Typically, a hydrozone is served by a valve or set of valves with the same type of irrigation hardware and schedule.
5. Irrigation circuit. A section of an irrigation system, including the piping and sprinkler heads or emitters, that is operated by a single remote control valve.
6. Landscaped area. The parcel area less building footprints, driveway, parking areas, paved walks and patios, and undeveloped open space of designated natural areas. Project landscaped area includes all areas under irrigation, water features, and hardscape other than those noted above.
7. Low water use plants. Plants which are recognized as drought resistant or low water use when established, or plants documented as having a plant factor less than or equal to 0.6.
8. Microclimate. A section of a landscaped site with unique climatic conditions that affect the amount of water plants within the area use (e.g., courtyards, tree understory areas, and median islands).
9. Non-mechanically compacted soil. Soil which has not undergone engineered compaction procedures.
10. Organic amendment. Any fully organic material added to the soil to improve soil structure, and other physical properties of the soil (e.g., compost, composted sawdust, peat moss, and redwood soil conditioner).
11. Overspray. Water which is discharged from an overhead irrigation system outside the desired planting area, especially water which wets adjacent hard surfaces (e.g., patios, sidewalks, and streets).
12. Plant factor. A number which represents the portion of reference evapotranspiration used by a particular plant. For example, a shrub with a plant factor of 0.5 uses 50 percent of reference evapotranspiration; a tree with a plant factor of 1.2 uses 120 percent of reference evapotranspiration.
13. Porous mulch. A loose material which is applied to the soil surface to reduce evaporation and retard weed growth (e.g., compost, decomposed granite, straw, wood chips).
14. Rain shut-off device. A device which automatically shuts the irrigation system off when a measurable amount of rain occurs.
15. Reference evapotranspiration. A standard calculation of the quantity of water transpired by a reference crop and evaporated from adjacent soil surfaces as measured by the California Irrigation Management Information System (CIMIS) of weather stations.
16. Registered historical site. A site that is registered as historically significant through either national, State, City or County registries.
17. Runoff. Water which is not absorbed by the soil to which it is applied and runs off onto other areas. Runoff usually occurs when water is applied at a rate greater than the infiltration rate of the soil, and is especially problematic on slopes and on heavy clay soils.
18. Water feature. Ornamental or functional body of water (e.g., a fountain, pool, or pond).
19. Water saving techniques (to mitigate runoff from slopes). Landscape design techniques which either allows irrigation to be applied at a rate close to the infiltration rate of the soil or which captures and recycles runoff.
Large Family Day Care Home. See “Day Care.”
Lateral access. Provides for public access and use along or parallel to the shoreline.
Laundry, Dry Cleaning Plant. A service establishment engaged primarily in high volume laundry and garment services, including: carpet and upholstery cleaners; diaper services; dry cleaning and garment pressing; commercial laundries; linen supply. These facilities may include accessory customer pick-up facilities. These facilities do not include coin operated laundries or dry cleaning pick up stores without dry cleaning equipment; see “Personal Services.”
LCP. See “Local Coastal Program.”
Library, Museum. Public or quasi-public facilities, examples of which include: aquariums, arboretums, art galleries and exhibitions, botanical gardens, historic sites and exhibits, libraries, museums, planetariums, and zoos. May also include accessory retail uses such as a gift/book shop, restaurant, etc.
Life of the Project. Shall be 100 years.
Live/Work Unit. An integrated housing unit and working space, occupied and utilized by a single household in a structure, either single-family or multi-family, that has been designed or structurally modified to accommodate joint residential occupancy and work activity, and which includes:
1. Complete kitchen space and sanitary facilities in compliance with the Building Code; and
2. Working space reserved for and regularly used by one or more occupants of the unit.
Local Coastal Program (LCP). A local government’s (a) land use plans, (b) zoning ordinances, (c) zoning district maps, and (d) within sensitive coastal resource area, other implementing actions, which, when taken together, meet the requirements of, and implement the provisions and policies of, the Coastal Act.
Lodging.
1. Bed and Breakfast Inn (B&B). A residential structure with one or more bedrooms rented for overnight lodging with an on-site manager, where meals may be provided subject to applicable Environmental Health Department regulations.
2. Hotel or Motel. A facility with guest rooms or suites, with or without kitchen facilities, rented to the general public for transient lodging. Hotels typically include a variety of services in addition to lodging; for example, restaurants, meeting facilities, personal services, etc. Also includes accessory guest facilities such as swimming pools, tennis courts, indoor athletic facilities, accessory retail uses, etc.
Lot Area. Gross lot area is the total area included within the lot lines of a lot, exclusive of adjacent dedicated street rights of way. Net lot area is the gross area of the lot, exclusive of easements for streets or driveways that are not for the exclusive use of the lot on which the easement is located.
Lot, or Parcel. A recorded lot or parcel of real property under single ownership, lawfully created as required by applicable Subdivision Map Act and City ordinance requirements, including this Land Use and Development Code. Types of lots include the following. See Figure 10-3 (Lot Types).
1. Corner Lot. A lot located at the intersection of two or more streets, where they intersect at an interior angle of not more than 175 degrees. If the intersection angle is more than 175 degrees, the lot is considered an interior lot.
2. Flag Lot. A lot having access from the building site to a public street by means of private right-of-way strip that is owned in fee.
3. Interior Lot. A lot abutting only one street.
4. Key Lot. An interior lot that fronts on two streets and adjoins both the side and back property line of a corner lot.
5. Reverse corner Lot. A corner lot, the rear of which abuts a key lot.
6. Through Lot. A lot with frontage on two generally parallel streets.
Figure 10-3 - Lot Types
Lot Coverage. See “Site Coverage.”
Lot Depth. The average linear distance between the front and the rear lot lines or the intersection of the two side lot lines if there is no rear line. See Figure 10-4 (Lot Features). The Director shall determine lot depth for parcels of irregular configuration.
Lot Frontage. The boundary of a lot adjacent to a public street right-of-way.
Figure 10-4 - Lot Features
Lot Line or Property Line. Any recorded boundary of a lot. Types of lot lines are as follows (see Figure 10-4 (Lot Features)):
1. Front Lot Line. On an interior lot, the property line separating the parcel from the street. The front lot line on a corner lot is the line with the shortest frontage. (If the street-fronting lot lines of a corner lot are equal in length, the front lot line shall be determined by the Director.) On a through lot, both lot lines are front lot lines and the lot is considered to have no rear lot line.
2. Interior Lot Line. Any lot line not abutting a street.
3. Rear Lot Line. A property line that does not intersect the front lot line, which is most distant from and most closely parallel to the front lot line.
4. Side Lot Line. Any lot line that is not a front or rear lot line.
Lot Width. 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. See Figure 10-3 (Lot Features). The Director shall determine lot width for parcels of irregular shape.
Low Impact Development. Small-scale integrated management practices designed to maintain a development site’s natural hydrology by minimizing impervious surfaces and infiltrating stormwater close to its source.
Low-income household. A household with income between 50 percent and 80 percent of median income.
M. Definitions, “M.”
Maintenance Service, Client Site Services. Base facilities for various businesses that provide services on the premises of their clients. Includes gardening, janitorial, pest control, water and smoke damage recovery, and similar services; and appliance, computer, electronics, elevator, equipment, HVAC, instrument, plumbing, and other maintenance and repair services not operating from a retail establishment that sells the products being maintained or repaired. When these services operate from a retail establishment that sells the products being maintained or repaired, they are instead considered part of the retail use. When the base facilities for these services include service or storage yards, or fleet vehicle storage, they are instead classified under “Construction Contractor Base.”
Major Public Works and Major Energy Facilities. Facilities that cost more than one hundred thousand dollars ($100,000) with an automatic annual increase in accordance with the Engineering News Record Construction Cost Index, except for those governed by the provisions of Public Resources Code Sections 30610, 30610.5, 30611 or 30624. Notwithstanding the criteria above, “major public works” also means publicly financed recreational facilities that serve, affect, or otherwise impact regional or statewide use of the coast by increasing or decreasing public recreational opportunities or facilities.
Manufacturing/Processing - Heavy. A facility accommodating manufacturing processes that involve and/or produce basic metals, building materials, chemicals, fabricated metals, paper products, machinery, textiles, and/or transportation equipment, where the intensity and/or scale of operations may cause significant impacts on surrounding land uses or the community. Heavy manufacturing uses are not allowed within the City of Fort Bragg except where limited varieties are included under the definition of “Manufacturing - Intensive.” Examples of heavy manufacturing uses include the following.
1. Chemical Product Manufacturing. An establishment that produces or uses basic chemicals, and other establishments creating products predominantly by chemical processes. Examples of these products include: basic chemicals, including acids, alkalies, salts, and organic chemicals; chemical products to be used in further manufacture, including synthetic fibers, plastic materials, dry colors, and pigments; and finished chemical products to be used for ultimate consumption, including drugs/pharmaceuticals, cosmetics, and soaps; or to be used as materials or supplies in other industries including paints, fertilizers, and explosives. Also includes sales and transportation establishments handling the chemicals described above, except as part of retail trade.
2. Concrete, Gypsum, and Plaster Product Manufacturing. An establishment that produces bulk concrete, concrete building block, brick, and/or other types of precast and prefabricated concrete products. Also includes ready-mix concrete batch plants, lime manufacturing, and the manufacture of gypsum products, including plasterboard. A retail ready-mix concrete operation as an incidental use in conjunction with a building materials outlet is defined under “Building and Landscape Materials Sales.”
3. Glass Product Manufacturing. An establishment that manufactures glass and/or glass products by melting silica sand or cullet, including the production of flat glass and other glass products that are pressed, blown, or shaped from glass produced in the same establishment. Artisan and craftsman type operations of a larger scale than home occupations are instead included under (“Manufacturing - Light - Handcraft Industries and Small-Scale Manufacturing”).
4. Paving and Roofing Materials Manufacturing. The manufacture of various common paving and petroleum-based roofing materials, including bulk asphalt, paving blocks made of asphalt, creosote wood, and various compositions of asphalt and tar. Does not include the manufacture of wood roofing materials (shingles, shakes, etc.) (“Lumber and Wood Product Manufacturing”).
5. Petroleum Refining and Related Industries. Industrial plants for purifying petroleum, and the compounding of lubricating oils and greases from purchased materials. Also includes oil or gas processing facilities, liquified natural gas (LNG) facilities, the manufacture of petroleum coke and fuel briquettes, tank farms, and terminal facilities for pipelines. Does not include petroleum pipeline surge tanks and pump stations (“Public Utility Facilities”), or petroleum product distributors (“Petroleum Product Storage and Distribution”).
6. Plastics, other Synthetics, and Rubber Product Manufacturing. The manufacture of rubber products including: tires, rubber footwear, mechanical rubber goods, heels and soles, flooring, and other rubber products from natural, synthetic, or reclaimed rubber. Also includes establishments engaged primarily in manufacturing tires; products from recycled or reclaimed plastics or styrofoam; molding primary plastics for other manufacturers, manufacturing miscellaneous finished plastics products, fiberglass manufacturing, and fiberglass application services. Does not include establishments engaged primarily in recapping and retreading automobile tires (“Vehicle Services - Major Repair/Body Work”).
7. Primary Metal Industries. An establishment engaged in: the smelting and refining of ferrous and nonferrous metals from ore, pig, or scrap; the rolling, drawing, and alloying of metals; the manufacture of castings, forgings, stampings, extrusions, and other basic metal products; and the manufacturing of nails, spikes, and insulated wire and cable. Also includes merchant blast furnaces and by-product or beehive coke ovens.
8. Pulp and Pulp Product Manufacturing. An establishment that manufactures pulp, paper, or paperboard. Includes pulp, paper, and paperboard mills. Does not include establishments primarily engaged in converting paper or paperboard without manufacturing the paper or paperboard, including envelope manufacturing, converted paper products, paper coating and glazing, paper bags, assembly of paperboard boxes, wallpaper (“Manufacturing - Light” B Paper Product Manufacturing).
9. Textile and Leather Product Manufacturing. An establishment that converts basic fibers (natural or synthetic) into a product, including yarn or fabric, that can be further manufactured into usable items (“Manufacturing - Light - Clothing and Fabric Product Manufacturing”), and industries that transform hides into leather by tanning or curing. Includes:
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coating, waterproofing, or otherwise treating fabric |
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dressed and dyed furs |
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dying and finishing fiber, yarn, fabric, and knit apparel |
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leather-tanned, curried, and finished |
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manufacture of knit apparel and other finished products from yarn |
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manufacture of felt goods, lace goods, non-woven fabrics and miscellaneous textiles |
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manufacturing of woven fabric, carpets, and rugs from yarn |
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preparation of fiber and subsequent manufacturing of yarn, threads, braids, twine cordage |
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scouring and combing plants |
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upholstery manufacturing |
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yarn and thread mills |
Manufacturing/Processing - Light. A facility accommodating manufacturing processes involving and/or producing: apparel; food and beverage products; electronic, optical, and instrumentation products; ice; jewelry; and musical instruments. Light manufacturing also includes other establishments engaged in the assembly, fabrication, and conversion of already processed raw materials into products, where the operational characteristics of the manufacturing processes and the materials used are unlikely to cause significant impacts on surrounding land uses or the community. Examples of light manufacturing uses include the following.
1. Clothing and Fabric Product Manufacturing. An establishment that assembles clothing, draperies, and/or other products by cutting and sewing purchased textile fabrics, and related materials including leather, rubberized fabrics, plastics and furs. Does not include custom tailors and dressmakers not operating as a factory and not located on the site of a clothing store (see “Personal Services”). See also, “Manufacturing - Heavy - Textile and Leather Product Manufacturing.”
2. Electronics, Equipment, and Appliance Manufacturing. An establishment that manufactures equipment, apparatus, and/or supplies for the generation, storage, transmission, transformation and use of electrical energy, including:
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appliances including stoves/ovens, refrigerators, freezers, laundry equipment, fans, vacuum cleaners, sewing machines aviation instruments computers, computer components, peripherals electrical transmission and distribution equipment electronic components and accessories, semiconductors, integrated circuits, related devices electrical welding apparatus lighting and wiring equipment such as lamps and fixtures, wiring devices, vehicle lighting industrial controls instruments for measurement, testing, analysis and control, associated sensors and accessories miscellaneous electrical machinery, equipment and supplies such as batteries, X ray apparatus and tubes, electromedical and electrotherapeutic apparatus, electrical equipment for internal combustion engines |
motors and generators optical instruments and lenses photographic equipment and supplies radio and television receiving equipment surgical, medical and dental instruments, equipment, and supplies storage media, blank and pre-recorded, including magnetic, magneto-optical, and optical products such as compact disks (CDs), computer diskettes and hard drives, digital versatile disks (DVDs), magnetic tape products, phonograph records, etc. surveying and drafting instruments telephone and telegraph apparatus transformers, switch gear and switchboards watches and clocks
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Does not include testing laboratories (soils, materials testing, etc.) (see “Business Support Services”), or research and development facilities separate from manufacturing (see “Research and Development”).
3. Food and Beverage Product Manufacturing. Manufacturing establishments producing or processing foods and beverages for human consumption, and certain related products. Examples of these uses include:
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bottling plants breweries candy, sugar, confectionery products manufacturing catering services separate from stores or restaurants coffee roasting dairy products manufacturing fat and oil product manufacturing |
fruit and vegetable canning, preserving, related processing grain mill products and by products meat, poultry, and seafood canning, curing, byproduct processing soft drink production miscellaneous food item preparation from raw products
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Does not include: bakeries, which are separately defined; or beer brewing as part of a brew pub, bar or restaurant (see “Bar/Tavern,” and “Night Club”).
4. Furniture and Fixtures Manufacturing, Cabinet Shop. Manufacturers producing: wood and metal household furniture and appliances; bedsprings and mattresses; all types of office furniture and public building furniture and partitions, shelving, lockers and store furniture; and miscellaneous drapery hardware, window blinds and shades. Includes furniture re-upholstering businesses, wood and cabinet shops, but not sawmills or planing mills, which are instead included under “Manufacturing - Heavy.”
5. Handcraft Industries, Small-Scale Manufacturing. Establishments manufacturing and/or assembling small products primarily by hand, including jewelry, pottery and other ceramics, as well as small glass and metal art and craft products, and taxidermists. Also includes manufacturing establishments producing small products not classified in another major manufacturing group, including: brooms and brushes; buttons, costume novelties; jewelry; musical instruments; pens, pencils, and other office and artists’ materials; sporting and athletic goods; toys; etc.
6. Metal Products Fabrication, Machine and Welding Shops. An establishment engaged in the production and/or assembly of metal parts, including the production of metal cabinets and enclosures, cans and shipping containers, doors and gates, duct work, forgings and stampings, hardware and tools, plumbing fixtures and products, tanks, towers, and similar products. Examples of these uses include:
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blacksmith and welding shops plating, stripping, and coating shops sheet metal shops machine shops and boiler shops |
7. Paper Product Manufacturing. An establishment that converts pre-manufactured paper or paperboard into boxes, envelopes, paper bags, wallpaper, etc., and/or that coats or glazes pre-manufactured paper. Does not include the manufacturing of pulp, paper, or paperboard (see “Manufacturing - Heavy - Pulp and Pulp Product Manufacturing”).
8. Photo/Film Processing Lab. A facility that provides high volume and/or custom processing services for photographic negative film, transparencies, and/or prints, where the processed products are delivered to off-site retail outlets for customer pick-up. Does not include small-scale photo processing machines accessory to other retail businesses.
Manufacturing/Processing - Medium Intensity. A facility accommodating manufacturing processes that involve and/or produce building materials, fabricated metal products, machinery, and/or transportation equipment, where the intensity and/or scale of operations is greater than those classified under “Manufacturing - Light,” but where impacts on surrounding land uses or the community can typically be mitigated to acceptable levels. Examples of intensive manufacturing uses include the following.
1. Lumber and Wood Product Manufacturing. Manufacturing, processing, and sales involving the milling of forest products to produce rough and finished lumber and other wood materials for use in other manufacturing, craft, or construction processes. Includes the following processes and products:
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containers, pallets and skids manufactured and modular homes matches (wood) milling operations trusses and structural beams turning and shaping of wood products wholesaling of basic wood products wood product assembly |
Does not include craft-type shops (“Handcraft Industries and Small-Scale Manufacturing”); other wood and cabinet shops (“Furniture and Fixture Manufacturing, Cabinet Shops”); or the entirely indoor retail sale of building materials, construction tools and equipment (“Building and Landscape Materials Sales”).
2. Machinery Manufacturing. An establishment that makes or processes raw materials into finished machines or parts for machines. Does not include the manufacture of electronics, equipment, or appliances (“Electronics, Equipment, and Appliance Manufacturing”).
3. Motor Vehicles and Transportation Equipment. Manufacturers of equipment for transporting passengers and cargo by land, air and water, including motor vehicles, aircraft, spacecraft, ships, boats, railroad and other vehicles such as motorcycles, bicycles and snowmobiles. Includes manufacture of motor vehicle parts and accessories; trailers and campers for attachment to other vehicles; self contained motor homes; and van conversions. Does not include mobile home and modular home assembly (listed under “Lumber and Wood Products”).
4. Stone and Cut Stone Product Manufacturing. An establishment that cuts, shapes, and/or finishes marble, granite, slate, and/or other stone for construction and miscellaneous uses. Does not include establishments engaged primarily in buying or selling partly finished monuments and tombstones (“Handcraft industries, Small-scale Manufacturing”).
5. Structural Clay and Pottery Product Manufacturing. An establishment that produces brick and structural clay products, including pipe, china plumbing fixtures, vitreous china articles, and/or fine earthenware and porcelain products. Does not include artist/craftsman uses (see “Handcraft Industries and Small Scale Manufacturing,” “Home Occupations”).
Map Act. See “Subdivision Map Act.”
Media Production. Facilities for motion picture, television, video, sound, computer, and other communications media production. These facilities include the following types.
1. Backlots/Outdoor Facilities. Outdoor sets, backlots, and other outdoor facilities, including supporting indoor workshops and craft shops.
2. Indoor Support Facilities. Administrative and technical production support facilities, including administrative and production offices, post-production facilities (editing and sound recording studios, foley stages, etc.), optical and special effects units, film processing laboratories, etc.
3. Soundstages. Warehouse-type facilities providing space for the construction and use of indoor sets, including supporting workshops and craft shops.
Median-income Household. A household with an income of between 80 percent and 100 percent of median income.
Medical Marijuana Dispensary. Any facility or location where medical marijuana is made available to and/or distributed by or to two or more of the following: a primary caregiver, a qualified patient, or a person with an identification card, in strict accordance with California Health and Safety Code Section 11362.5 et seq. A “medical marijuana dispensary” shall not include the following uses, as long as the location of such uses are otherwise regulated by this Code or applicable law: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, a residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, Health and Safety Code Section 11362.5 et seq. (Ord. 851 §4, 2005.)
Medical Services - Clinic, Urgent Care. A facility other than a hospital where medical, mental health, surgical and other personal health services are provided on an outpatient basis. Examples of these uses include:
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medical offices with four or more licensed practitioners and/or medical specialties out patient care facilities urgent care facilities other allied health services |
These facilities may also include accessory medical laboratories. Counseling services by other than medical doctors or psychiatrists are included under “Offices - Professional.”
Medical Services - Doctor Office. A facility other than a hospital where medical, dental, mental health, surgical, and/or other personal health care services are provided on an outpatient basis, and that accommodates no more than four licensed primary practitioners (for example, chiropractors, medical doctors, psychiatrists, etc., other than nursing staff) within an individual office suite. A facility with five or more licensed practitioners is instead classified under “Medical Services - Clinic, Urgent Care.” Counseling services by other than medical doctors or psychiatrists are included under “Offices - Professional.”
Medical Services - Extended Care. Residential facilities providing nursing and health-related care as a primary use with in patient beds. Examples of these uses include: board and care homes; convalescent and rest homes; extended care facilities; and skilled nursing facilities. Long term personal care facilities that do not emphasize medical treatment are included under “Residential Care.”
Medical Services - Laboratory. Non-research facilities for the testing of blood and tissue samples for medical diagnoses, and for the fabrication of dental prosthetics and eyeglasses. Does not include laboratories for medical research, which are classified under “Laboratory - Analytical, Research and Development, Testing.”
Medical Services - Hospital. Hospitals and similar facilities engaged primarily in providing diagnostic services, and extensive medical treatment, including surgical and other hospital services. These establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care. May include on-site accessory clinics and laboratories, accessory retail uses and emergency heliports (see the separate definition of “Accessory Retail Uses”), and on-site ambulance dispatch facilities.
Meeting Facility, Public or Private. A facility for public or private meetings, including community centers, religious assembly facilities (e.g., churches, mosques, synagogues, etc.), civic and private auditoriums, grange halls, union halls, meeting halls for clubs and other membership organizations, etc. Also includes functionally related internal facilities such as kitchens, multi-purpose rooms, and storage. Does not include conference and meeting rooms accessory and incidental to another primary use that are typically used only by on-site employees and clients, and occupy less floor area on the site than the offices they support (see “Offices”). Does not include: sports or other commercial entertainment facilities (see “Theater,” and “Sports and Entertainment Assembly”); or convention centers (see “Conference/Convention Facility”). Related on-site facilities such as day care centers and schools are separately defined, and separately regulated by Section 17.20.030 (Allowable Land Uses).
Mixed-Use Project. A project that combines both commercial and residential uses, where the residential component is typically located above the commercial.
Mobile Home. A trailer, transportable in one or more sections, that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, which is over eight feet in width and 40 feet in length, with or without a permanent foundation and not including recreational vehicle, commercial coach or factory built housing. A mobile home on a permanent foundation is included under the definition of “Single-Family Dwellings.”
Mobile Home, Boat, or RV Sales. Retail establishments selling both mobile home dwelling units, and/or various vehicles and watercraft for recreational uses. Includes the sales of boats, campers and camper shells, jet skis, mobile homes, motor homes, and travel trailers.
Mobile Home Park. Any site that is planned and improved to accommodate two or more mobile homes used for residential purposes, or on which two or more mobile home lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobile homes used for residential purposes. May include a common storage area for recreational vehicles owned by residents only.
Moderate-income household. A household with an income of between 100 percent and 120 percent of median income.
Mortuary, Funeral Home. Funeral homes and parlors, where deceased are prepared for burial or cremation, funeral services may be conducted, and cremation may occur.
Motel. See “Lodging.”
(MS4) Municipal Separate Storm Sewer System. A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) owned, operated, maintained, or controlled by the City and used for the purpose of collecting, storing, transporting, or disposing of stormwater.
Multi-Family Housing. A dwelling unit that is part of a structure containing one or more other dwelling units, or a non-residential use. An example of the latter is a mixed-use project where, for example, one or more dwelling units are part of a structure that also contains one or more commercial uses (retail, office, etc.). Multi-family dwellings include: duplexes, triplexes, fourplexes (buildings under one ownership with two, three or four dwelling units, respectively, in the same structure); apartments (five or more units under one ownership in a single building); and townhouse development (three or more attached dwellings where no unit is located over another unit), and other building types containing multiple dwelling units (for example, courtyard housing, rowhouses, stacked flats, etc.).
Municipal Storm Sewer System. A conveyance or system of conveyances, including municipal streets, gutters, conduits, natural or artificial drains, channels and watercourses, or other facilities owned, operated, maintained or controlled by City and used for the purpose of collecting, storing, transporting or disposing of storm water.
N. Definitions, “N.”
National Pollutant Discharge Elimination System (NPDES). The National Pollutant Discharge Elimination System established by Section 402 of the Clean Water Act, 33 USC Section 1342, as it may be amended from time to time.
National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permits. General, group, and individual storm water discharge permits that regulate facilities defined in Federal NPDES regulations in compliance with the Clean Water Act. The California Regional Water Quality Control Board, North Coast Region (hereinafter, Regional Board) and the State Water Resources Control Board have adopted general storm water discharge permits, including but not limited to the General Construction Activity and General Industrial Activity permits.
Natural, or Existing Grade. The contour of the ground surface before grading.
Negative Declaration. A statement describing the reasoning that a proposed action will not have a significant adverse effect on the environment, in compliance with the California Environmental Quality Act (CEQA).
Night Club. A facility with the primary function of providing entertainment, examples of which include live music and/or dancing, comedy, etc., which may serve alcoholic beverages for on-site consumption. Does not include adult entertainment businesses, which are separately defined.
Nonconforming Parcel. A parcel that was legally created prior to the adoption of this Land Use and Development Code or amendment, but does not comply with the current area, width, depth, or other applicable requirements of this Land Use and Development Code.
Nonconforming Sign. A sign that lawfully existed prior to the effective date of this Land Use and Development Code or amendment, but does not comply with the current sign regulations of this Land Use and Development Code.
Nonconforming Structure. A structure that was legally constructed prior to the adoption or amendment of this Land Use and Development Code, but does not comply with the current setback, height limit, and/or other applicable requirements of this Land Use and Development Code.
Nonconforming Use. A use of land and/or a structure (either conforming or nonconforming) that was legally established and maintained prior to the adoption of this Land Use and Development Code or amendment, but does not conform to the current Land Use and Development Code requirements for allowable land uses within the applicable zoning district.
Non-Point Source Pollution. A pollutant source introduced from dispersed points and lacking a single, identifiable origin. Examples include automobile emissions or stormwater runoff.
Non-Stormwater Discharge. All discharges to and from a MS4 that do not originate from precipitation events (i.e., all discharges from a MS4 other than stormwater). Non-stormwater includes illicit discharges, non-prohibited discharges, and NPDES permitted discharges.
(NPDES) National Pollutant Discharge Elimination System - Storm Water Discharge Permits. General, group, and individual stormwater discharge permits that regulate facilities defined in Federal NPDES regulations in compliance with the Clean Water Act. The California Regional Water Quality Control Board, North Coast Region (hereinafter, Regional Board) and the State Water Resources Control Board have adopted general Storm Water Discharge Permits, including but not limited to the permits for Small MS4s, General Construction Activity, and General Industrial Activity.
O. Definitions, “O.”
Occupancy. All or a portion of a structure occupied by one tenant.
Off-Sale Liquor Establishment. Any establishment at which alcohol is sold, served, or given to patrons, to be consumed off-site, except food markets, supermarkets, drugstores, and other retail establishments in which the sale of alcohol for off-site use constitutes less than 20 percent of the total sales.
Off-Site. An activity or accessory use that is related to a specific primary use, but is not located on the same site as the primary use.
Office. This Land Use and Development Code distinguishes between the following types of offices. These do not include medical offices (see “Medical Service - Clinic, Laboratory, Urgent Care,” and “Medical Service - Doctor Office.”)
1. Accessory. Office facilities for administration, and/or on-site business and operations management, that are incidental and accessory to another business, sales, and/or service activity that is the primary use.
2. Business/Service. Establishments providing direct services to customers. Examples of these uses include bail bond services, elected official satellite offices, employment agencies, insurance agent offices, realtor offices, travel agencies, utility company offices, vehicle sales offices with no vehicles for sale on-site, etc. This use does not include “Bank, Financial Services,” which is separately defined.
3. Government. Administrative, clerical, or public contact and/or service offices of a local, state, or federal government agency or service facilities. Includes post offices, but not bulk mailing distribution centers, which are under “Freight Terminal.”
4. Processing. Office-type facilities characterized by high employee densities, and occupied by businesses engaged in information processing, and other computer-dependent and/or telecommunications-based activities. Examples of these uses include the following, but do not include small-scale telephone answering services, which are instead classified under “Office - Professional or Administrative.”:
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airline, lodging chain, and rental car company reservation centers computer software and hardware design and development consumer credit reporting data processing services health management organization (HMO) offices where no medical services are provided insurance claim processing mail order and electronic commerce transaction processing telecommunications facility design and management telemarketing |
5. Professional and Administrative. Office-type facilities occupied by businesses that provide professional services and/or engaged in the production of intellectual property. Examples of these uses include:
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accounting, auditing and bookkeeping services advertising agencies answering services attorneys business associations, chambers of commerce commercial art and design services construction contractors (office facilities only) counseling services court reporting services detective agencies and similar services design services including architecture, engineering, landscape architecture, urban planning educational, scientific and research organizations financial management and investment counseling literary and talent agencies management and public relations services media postproduction services news services photographers and photography studios political campaign headquarters psychologists secretarial, stenographic, word processing, and temporary clerical employee services security and commodity brokers writers and artists offices |
6. Temporary. A mobile home, recreational vehicle or modular unit used as a temporary office facility. Temporary Offices may include: construction supervision offices on a construction site or off-site construction yard; a temporary on site real estate office for a development project; or a temporary business office in advance of permanent facility construction.
7. Temporary Real Estate. The temporary use of a dwelling unit within a residential development project as a sales office for the units on the same site, which is converted to residential use at the conclusion of its office use.
Office-Supporting Retail. A retail store that carries one or more types of merchandise that will typically be of frequent interest to and/or needed by the various businesses listed under the definition of “Office,” and/or the employees of those businesses. Examples of these types of merchandise include:
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Books Computer equipment Florists, flower stands Newsstands, newspapers and magazine stores Office supplies, stationery Photographic supplies and cameras |
On-Sale Liquor Establishment. Any establishment at which alcohol is sold, served, or given to patrons, to be consumed on-site.
On-Site. An activity or accessory use that is related to a specific primary use, which is located on the same site as the primary use.
Open Fencing. A barrier constructed of material which is transparent, such as glass, plastic panels or wrought iron, used in conjunction with recreation and seating areas.
Ordinary Maintenance and Repair. Work for which a Building Permit is not required, the purpose and effect of which is to correct deterioration of or damage to a structure or any part thereof and to restore the structure to its condition before the deterioration or damage.
Organizational House. A residential lodging facility operated by a membership organization for its members and not open to the general public. Includes fraternity and sorority houses, student dormitories, convents, monasteries, and religious residential retreats.
Outdoor Retail Sales and Activities. Permanent outdoor sales and rental establishments including auction yards, flea markets, lumber and other material sales yards, newsstands, outdoor facilities for the sale or rental of vehicles/equipments, and other uses where the business is not conducted entirely within a structure. Does not include the sale of automobiles and recreational vehicles (“Auto and Vehicle Sales and Rental”) or mobile homes (“Mobile Home, Boat, or RV Sales”). Outdoor retail sales and activities shall comply with the standards for “Outdoor Displays and Sales” in Section 17.42.130.
P. Definitions, “P.”
Parcel. See “Lot, or Parcel.”
Park/Playground. A public outdoor recreation facility that may provide a variety of recreational opportunities including playground equipment, open space areas for passive recreation and picnicking, and sport and active recreation facilities.
Passive Recreational Use. Those recreational activities typically associated with coastal open space that generally are non-structured and require minimal or no developed facilities or improvements to land. Such activities include, but are not limited to, walking, biking, jogging, hiking, dog walking, bird watching, tide-pooling, beach combing, informal sports activities such as Frisbee or ball throwing and kite-flying, nature viewing, and picnicking. Passive recreation includes ancillary facilities necessary to support visitor access to the coastal open space, including but not limited to parking lots, interpretive signage, visitor kiosks, restrooms, etc. Passive recreation activities do not include activities such as: playgrounds, community gardens, ball-fields, skate parks, etc.
Pedestrian Orientation. Any physical structure or place with design qualities and elements that contribute to an active, inviting and pleasant place for pedestrians including:
1. Building facades that are highly articulated at the street level, with interesting uses of material, color, and architectural detailing, located directly behind the sidewalk;
2. Design amenities related to the street level such as awnings, paseos, arcades;
3. Visibility into buildings at the street level;
4. A continuous sidewalk, with a minimum of intrusions into pedestrian right-of-way;
5. Continuity of building facades along the street with few interruptions in the progression of buildings and stores;
6. Signs oriented and scaled to the pedestrian rather than the motorist;
7. Landscaping; and
8. Street furniture.
Pedestrian Oriented Use. A land use that is intended to encourage walk-in customers and that generally does not limit the number of customers by requiring appointments or otherwise excluding the general public. A pedestrian oriented use provides spontaneous draw from sidewalk and street due to visual interest, high customer turnover, and social interaction.
Person. Any individual, firm, partnership, corporation, company, association, joint stock association; city, county, state, or district; and includes any trustee, receiver, assignee, or other similar representative thereof.
Personal Services. Establishments providing non-medical services to individuals as a primary use. Examples of these uses include:
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barber and beauty shops clothing rental dry cleaning pick up stores with limited equipment home electronics and small appliance repair Laundromats (self service laundries) locksmiths |
massage (licensed, therapeutic, non-sexual) pet grooming with no boarding shoe repair shops tailors tanning salons
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These uses may also include accessory retail sales of products related to the services provided.
Personal Services - Restricted. Personal services that may tend to have a blighting and/or deteriorating effect upon surrounding areas and which may need to be dispersed to minimize their adverse impacts. Examples of these uses include:
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check cashing stores fortune tellers palm and card readers pawnshops psychics spas and hot tubs for hourly rental tattoo and body piercing services |
Petroleum Product Storage and Distribution. Wholesale establishments engaged in the storage, and sale of gasoline, oil, butane, propane, and liquified petroleum gas (LPG) and similar products, to retailers. Does not include the sale of gasoline at a service station (“Service Stations”), or the retail sale of fuel for space heating (“Fuel Dealer”).
Planning Commission. The City of Fort Bragg Planning Commission, appointed by the Fort Bragg City Council in compliance with Government Code Section 65101, referred to throughout this Land Use and Development Code as the “Commission.”
Planning Permit. Authority granted by the City to use a specified site for a particular purpose. “Planning Permit” includes Coastal Development Permit, Use Permit, Minor Use Permit, Limited Term Permit, Variance, Minor Variance, Design Review, and Zoning Clearance, as established by Article 7 (Planning Permit Procedures) of this Land Use and Development Code.
Plant Nursery. A commercial agricultural establishment engaged in the production of ornamental plants and other nursery products, grown under cover either in containers or in the soil on the site, or outdoors in containers. The outdoor production of ornamental plants in the soil on the site is instead included under “Crop Production, Horticulture, Orchard, Vineyard.” Also includes establishments engaged in the sale of these products (e.g., wholesale and retail nurseries) and commercial-scale greenhouses (home greenhouses are included under “Residential Accessory Use or Structure”). The sale of house plants or other nursery products entirely within a building is also included under “General Retail.”
Policy. A specific mandatory statement binding the City’s action and establishing the standard of review to determine whether land use and development decisions, zoning changes or other City actions are consistent with the General Plan.
Pollutant. Anything which causes or contributes to pollution. Pollutants may include: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure (including but not limited to sediments, slurries, and concrete rinsates); and noxious or offensive matter of any kind.
Pollution. The human made or human induced alteration of the quality of waters by waste to a degree which unreasonably affects, or has the potential to unreasonably affect, either the waters for beneficial uses or the facilities which serve these beneficial uses (California Water Code § 13050).
Porter Cologne Act. The Porter Cologne Water Quality Control Act and as amended (California Water Code § 13000 et seq.).
Post-Construction BMPs. A subset of Best Management Practices including structural and non-structural controls which detain, retain, filter, or educate to prevent the release of pollutants to surface waters during the final functional life of developments.
Pre-Development Runoff Discharge Rates. Runoff conditions that exist onsite immediately before the planned development activities occur. This definition is not intended to be interpreted as that period before any human-induced land activities occurred. This definition pertains to redevelopment as well as initial development.
Primary Structure. A structure that accommodates the primary use of the site.
Primary Use. The main purpose for which a site is developed and occupied, including the activities that are conducted on the site a majority of the hours during which activities occur.
Printing and Publishing. An establishment engaged in printing by letterpress, lithography, gravure, screen, offset, or electrostatic (xerographic) copying; and other establishments serving the printing trade such as bookbinding, typesetting, engraving, photoengraving and electrotyping. This use also includes establishments that publish newspapers, books and periodicals; establishments manufacturing business forms and binding devices. “Quick printing” services are included in the definition of “Business Support Services.”
Priority Uses, Coastal Act. Uses that the Chapter 3 policies of the Coastal Act protect in favor of other competing uses without such priority status. Generally, these priority land uses include uses that by their nature must be located on the coast to function, such as ports and commercial fishing facilities, or uses that encourage the public’s use of the coast, such as various kinds of visitor-serving facilities and coastal recreational and public access uses, uses that protect existing coastal resources such as wetlands and other sensitive habitat, and coastal agriculture.
Private Residential Recreation Facility. A privately-owned, non-commercial outdoor recreation facility provided for residential project or neighborhood residents, including swimming pools, swim and tennis clubs, park and sport court facilities. Does not include golf courses and country clubs, which are separately defined.
Produce Stand. A temporary business established and operated for a specific time, selling raw, unprocessed fruits, vegetables, nuts, and other produce in its raw or natural state, and that is accessory to an on-site or adjacent agricultural operation.
Professional Inspection. An inspection required by this Development Code, the Director, or City Engineer to be performed by a civil engineer, soils engineer, or engineering geologist. these inspections include those performed by persons supervised by engineers or geologists.
Program. An action, activity, or strategy carried out in response to adopted policy to achieve a specific goal. The City’s “Programs” shall not govern the review and approval of coastal development permits.
Property Line. The recorded boundary of a parcel of land.
Proposed Project. A proposed new structure, new addition to an existing structure, or area of other new site development; these do not include the alteration of any portion of an existing structure other than an addition.
Protected Zone of a Tree. The maximum extent of the drip line of the tree plus five feet, projected in a circle around the tree, with the trunk at the center of the circle.
Public Auction, Flea Market. An indoor or outdoor facility where items sold are auctioned to on-site customers, or where used and/or new merchandise is sold at retail by individual vendors in a temporary or permanent facility operated and managed by a different proprietor or business entity, provided that the operator may also be engaged in sales.
Public Facility. A site or structure owned and operated by the City of Fort Bragg for the purpose of providing one or more services to residents of the City, and/or to support other City functions.
Public Safety Facility. A facility operated by a public agency including fire stations, other fire prevention and fire fighting facilities, police and sheriff substations and headquarters, including interim incarceration facilities. May include ambulance dispatch facilities on the same site.
Public Trust Lands. All lands subject to the Common Law Public Trust for commerce, navigation, fisheries, recreation, and other public purposes. Public trust lands include: tidelands, submerged lands, beds of navigable lakes and rivers, and historic tidelands and submerged lands that are presently filled or reclaimed, and which were subject to the Public Trust at any time.
Public Viewing Area. A location along existing scenic public roads and trails or within public parklands or beaches where there are scenic views of the beach and ocean, coastline, mountains, ridgelines, canyons and other unique natural features or areas.
Q. Definitions, “Q.”
Qualifying Resident. A senior citizen or other person eligible to reside in senior citizen housing.
R. Definitions, “R.”
Recreational access. Provides public access to coastal recreational resources through means other than those listed above, including but not limited to, parking facilities, viewing platforms, and blufftop parks.
Recreational Vehicle (RV). A motor home, travel trailer, truck camper, or camping trailer, with or without motive power, originally designed for human habitation for recreational, emergency, or other occupancy, which:
1. Contains less than 320 square feet of internal living room area, excluding built-in equipment, including wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms; and
2. Contains 400 square feet or less of gross area measured at maximum horizontal projections; and
3. Is built on a single chassis; and
4. Is either self-propelled, truck-mounted, or permanently towable on the highways without a towing permit.
Recreational Vehicle Park. A site where one or more lots are used, or are intended to be used, by campers with recreational vehicles or tents. Recreational vehicle parks may include public restrooms, water, sewer, and electric hookups to each lot and are intended as a higher density, more intensively developed use than campgrounds. May include accessory retail uses where they are clearly incidental and intended to serve RV park patrons only.
Recycling Facility. This land use type includes a variety of facilities involved with the collection, sorting and processing of recyclable materials.
1. Small Collection Facility. A center where the public may donate, redeem or sell recyclable materials, which may include the following, where allowed by the applicable zoning district:
a. Reverse vending machines;
b. Small collection facilities which occupy an area of 350 square feet or less and may include a mobile unit;
2. Medium Collection Facility. Includes the following:
a. Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet; and
b. A kiosk unit.
3. Large Collection Facility. Large collection facilities which occupy an area of more than 350 square feet and/or include permanent structures.
4. Mobile Recycling Unit. An automobile, truck, trailer, or van used for the collection of recyclable materials, carrying bins, boxes, or other containers.
5. Processing Facility. A structure or enclosed space used for the collection and processing of recyclable materials for shipment, or to an end-user’s specifications, by such means as baling, briquetting, cleaning, compacting, crushing, flattening, grinding, mechanical sorting, re-manufacturing and shredding. Processing facilities include the following types, both of which are included under the definition of “Scrap and Dismantling Yards,” below:
a. Light processing facility occupies an area of under 45,000 square feet of collection, processing and storage area, and averages two outbound truck shipments each day. Light processing facilities are limited to baling, briquetting, compacting, crushing, grinding, shredding and sorting of source separated recyclable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers; and
b. A heavy processing facility is any processing facility other than a light processing facility.
6. Recycling Facility. A center for the collection and/or processing of recyclable materials. A “certified” recycling or processing facility is certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1786. A recycling facility does not include storage containers located on a residentially, commercially or industrially designated site used solely for the recycling of material generated on the site. See “Collection Facility” above.
7. Recycling or Recyclable Material. Reusable domestic containers and other materials which can be reconstituted, re-manufactured, or reused in an altered form, including glass, metals, paper and plastic. Recyclable material does not include refuse or hazardous materials.
8. Reverse Vending Machine. An automated mechanical device which accepts at least one or more types of empty beverage containers and issues a cash refund or a redeemable credit slip with a value not less than the container’s redemption value, as determined by State law. These vending machines may accept aluminum cans, glass and plastic bottles, and other containers.
A bulk reverse vending machine is a reverse vending machine that is larger than 50 square feet, is designed to accept more than one container at a time, and issues a cash refund based on total weight instead of by container.
9. Scrap and Dismantling Yards. Outdoor establishments primarily engaged in assembling, breaking up, sorting, and the temporary storage and distribution of recyclable or reusable scrap and waste materials, including auto wreckers engaged in dismantling automobiles for scrap, and the incidental wholesale or retail sales of parts from those vehicles. Includes light and heavy processing facilities for recycling (see the definitions above). Does not include: places where these activities are conducted entirely within buildings; pawn shops, and other secondhand stores; the sale of operative used cars; or landfills or other waste disposal sites.
Repair Service - Equipment, Large Appliances, etc. A service and facility where various types of electrical, electronic, and mechanical equipment, and home and business appliances are repaired and/or maintained away from the site of the equipment owner. Does not include vehicle repair or maintenance, which is included under “Vehicle Services”, the repair of small home appliances and electronic equipment, which is included under “Personal Services”, maintenance and repair activities that occur on the client’s site, which are included under “Maintenance Service - Client Site Services,” or repair services provided on the site of a retail use that sells the products for which repair services are offered, which are incidental to the on-site sales.
Residential Accessory Use or Structure. Any use and/or structure that is customarily a part of, and clearly incidental and secondary to a residence, and does not change the character of the residential use. This definition includes the following detached accessory structures, and other similar structures normally associated with a residential use of property. See also “Agricultural Accessory Structure.”
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garages gazebos greenhouses (non-commercial) spas and hot tubs storage sheds |
studios swimming pools tennis and other on-site sport courts workshops
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Also includes the indoor storage of automobiles (including their incidental restoration and repair), personal recreational vehicles and other personal property, accessory to a residential use. Does not include: second units, which are separately defined; guest houses, which are included under the definition of second units; or home satellite dish and other receiving antennas for earth-based TV and radio broadcasts (see “Telecommunications Facilities”).
Residential Care. A single-family dwelling or multi-unit facility licensed or supervised by a Federal, State, or local health/welfare agency that provides 24-hour nonmedical care of unrelated persons who are handicapped and in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual in a family-like environment. Does not include day care facilities, which are separately defined.
Residential Care Facility for the Elderly (RCFE). A housing arrangement chosen voluntarily by the residents, or the residents’ guardians, conservators or other responsible persons; where 75 percent of the residents are at least 62 years of age, or, if younger, have needs compatible with other residents; and where varying levels of care and supervision are provided, as agreed to at the time of admission or as determined necessary at subsequent times of reappraisal (definition from California Code of Regulations Title 22, Division 6, Chapter 6, Residential Care Facilities for the Elderly). RCFE projects may include basic services and community space.
RCFE projects include assisted living facilities (board and care homes), congregate housing, independent living centers/senior apartments, and life care facilities as defined below.
1. Assisted Living Facility. A residential building or buildings that also provide housing, personal and health care, as permitted by the Department of Social Services, designed to respond to the daily, individual needs of the residents. Assisted Living Facilities may include kitchenettes (small refrigerator, sink and/or microwave oven) within individual rooms. Assisted Living Facilities are required to be licensed by the California Department of Social Services, and do not include skilled nursing services.
2. Independent Living Center/Senior Apartment. Independent living centers and senior apartments and are multi-family residential projects reserved for senior citizens, where common facilities may be provided (for example, recreation areas), but where each dwelling unit has individual living, sleeping, bathing, and kitchen facilities.
3. Life Care Facility. Sometimes called Continuing Care Retirement Communities, or Senior Continuum of Care Complex, these facilities provide a wide range of care and supervision, and also provide health care (skilled nursing) so that residents can receive medical care without leaving the facility. Residents can expect to remain, even if they become physically incapacitated later in life. Life Care Facilities require multiple licensing from the State Department of Social Services, the State Department of Health Services, and the State Department of Insurance.
Residential Component of Mixed Use Project. See “Mixed Use Project.”
Residential Zone. Any of the following zoning districts established by Chapter 17.14 (Zoning Map): RR (Rural Residential), RS (Suburban Residential), RL (Low Density Residential), RM (Medium Density Residential), RH (High Density Residential), and RVH (Very High Density Residential).
Restaurant, Cafe, Coffee Shop. A retail business selling ready-to-eat food and/or beverages for on- or off-premise consumption. These include eating establishments where customers are served from a walk-up ordering counter for either on- or off-premise consumption (“counter service”); and establishments where customers are served food at their tables for on-premise consumption (“table service”), that may also provide food for take-out.
Retail Complex. A primarily retail commercial site with three or more separate businesses sharing common pedestrian and parking areas.
Review Authority. The individual or official City body (the Community Development Director, Planning Commission, or City Council) identified by this Land Use and Development Code as having the responsibility and authority to review, and approve or disapprove the permit applications described in Article 7 (Planning Permit Procedures).
Riparian Corridor. A general term for lands running parallel to and along a creek or stream, which lands constitute the ecosystem and potentially environmentally sensitive habitat for animal and plant life of said creek or stream.
Rooming or Boarding House. A dwelling or part of a dwelling where lodging is furnished for compensation to five or more persons living independently from each other. Meals may also be included. Does not include fraternities, sororities, convents, or monasteries, which are separately defined under “Organizational House.”
Runoff Mitigation Plan. A post-construction drainage and polluted runoff control plan, which shall be required for approval of any new development. This plan shall specify long-term Site Design, Source Control, and, if necessary, Treatment Control BMPs that will be implemented to minimize polluted runoff after construction, and shall include the monitoring and maintenance plans for these BMPs.
S. Definitions, “S.”
School. A public or private academic educational institution, including:
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boarding school community college, college, or university elementary, middle, and junior high schools |
high school military academy
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Also includes schools providing specialized education/training. Examples include the following:
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art school ballet and other dance school business, secretarial, and vocational school computers and electronics school drama school driver education school |
establishments providing courses by mail language school martial arts music school professional school (law, medicine, etc.) seminaries/religious ministry training facility |
Also includes facilities, institutions and conference centers that offer specialized programs in personal growth and development, such as fitness, environmental awareness, arts, communications, and management. Does not include pre-schools and child day care facilities (see “Day Care”). See also the definition of “Studio - Art, Dance, Martial Arts, Music, etc.” for smaller-scale facilities offering specialized instruction.
Sea. The Pacific Ocean and all harbors, bays, channels, estuaries, salt marshes, sloughs, and other areas subject to constant or periodic tidal action through any connection with the Pacific Ocean, excluding non-estuarine rivers, streams, tributaries, creeks, and flood control and drainage channels.
Second Hand Store. A retail store that buys and sell used products, including clothing, furniture and household goods, jewelry, appliances, musical instruments, business machines and office equipment, tools, motors, machines, instruments, firearms, or any similar secondhand articles or objects. Does not include bookstores (“Retail Stores”); secondhand farm and construction equipment (“Construction, Farm, and Heavy Equipment Sales”); junk dealers, or scrap/dismantling yards (Recycling Facilities - Scrap and Dismantling Yards”); the sale of antiques and collectibles (“Retail Stores”); the sale of cars and other used vehicles (“Auto and Vehicle Sales, Leasing, and Rental, Used”); or pawnshops (“Personal Services - Restricted”).
Second Unit or Carriage House. A second permanent dwelling that is accessory to a primary dwelling on the same site. A second unit or carriage house provides complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, sanitation, and parking, and if attached to the primary dwelling, is provided exterior access separate from the primary dwelling. A carriage house is a second unit located over a detached garage. Includes guest houses.
Sediment. Soil, sand, and minerals washed from land into water. Sediment resulting from anthropogenic sources (i.e., human-induced land disturbance activities) is considered a pollutant.
Service Station. A retail business selling gasoline and/or other motor vehicle fuels, and related products. Where allowed by Article 2 (Zoning Districts and Allowable Land Uses), a gas station may also include a “Convenience Store,” “Vehicle Services,” and/or trailer rental (“Auto and Vehicle Sales or Rental”), which are separately defined.
Setback. The distance by which a structure, parking area or other development feature must be separated from a lot line, other structure or development feature, or street centerline. See also “Yard,” and Section 17.30.100 (Setback Requirements and Exceptions).
Sign. A structure, device, figure, display, message placard, or other contrivance, or any part thereof, situated outdoors or indoors, which is designed, constructed, intended, or used to advertise, or to provide information in the nature of advertising, to direct or attract attention to an object, person, institution, business, product, service, event, or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images. Does not include murals, paintings and other works of art that are not intended to advertise or identify any business or product. Types of signs include the following.
1. A-Board Sign. A portable “a-frame” or “sandwich board” sign.
2. Abandoned Sign. A sign that no longer advertises a business, lessor, owner, product, service or activity on the premises where the sign is displayed.
3. Animated or Moving Sign. A sign which uses movement, lighting, or special materials to depict action or create a special effect to imitate movement.
4. Awning Sign. A sign copy or logo attached to or painted on an awning.
5. Banner, Flag, or Pennant. Cloth, bunting, plastic, paper, or similar non-rigid material used for advertising purposes attached to a structure, staff, pole, line, framing, or vehicle, not including official flags of the United States, the State of California, and other states of the nation, counties, municipalities, official flags of foreign nations and nationally or internationally recognized organizations.
6. Bench Sign. Copy painted on a portion of a bench.
7. Cabinet Sign (Can Sign). A sign with its text and/or logo symbols and artwork on a translucent face panel that is mounted within a metal frame or cabinet that contains the lighting fixtures which illuminate the sign face from behind.
8. Changeable Copy Sign. A sign designed to allow the changing of copy through manual, mechanical, or electrical means including time and temperature.
9. Directional Sign. A sign that is designed and erected solely for the purposes of directing vehicular and/or pedestrian traffic within a project.
10. Directory Sign. A sign for listing the tenants and their suite numbers of a multiple tenant structure or center.
11. Double-Faced Sign. A sign constructed to display its message on the outer surfaces of two identical and/or opposite parallel planes.
12. Electronic Reader Board Sign. A sign with a fixed or changing display composed of a series of lights, but not including time and temperature displays.
Figure 10-5 - Sign Examples
13. Flashing Sign. A sign that contains an intermittent or sequential flashing light source.
14. Freestanding Sign. A sign fixed in an upright position on the ground not attached to a structure other than a framework, pole or device, erected primarily to support the sign. Includes monument signs and pole signs.
15. Illegal Sign. A sign that includes any of the following:
a. A sign erected without complying with all regulations in effect at the time of its construction or use;
b. A sign that was legally erected, but whose use has ceased, the structure upon which the display is placed has been abandoned by its owner, or the sign is not being used to identify or advertise an ongoing business for a period of not less than 90 days;
c. A sign that was legally erected which later became nonconforming as a result of the adoption of an ordinance, the amortization period for the display provided by the ordinance rending the display conforming has expired, and conformance has not been accomplished;
d. A sign that was legally erected which later became nonconforming and then was damaged to the extent of 50 percent or more of its current replacement value;
e. A sign which is a danger to the public or is unsafe;
f. A sign which is a traffic hazard not created by relocation of streets or highways or by acts of the City; or
g. A sign that pertains to a specific event, and five days have elapsed since the occurrence of the event.
16. Indirectly Illuminated Sign. A sign whose light source is external to the sign and which casts its light onto the sign from some distance.
17. Internally Illuminated Sign. A sign whose light source is located in the interior of the sign so that the rays go through the face of the sign, or light source which is attached to the face of the sign and is perceived as a design element of the sign.
18. Marquee (Canopy) Sign. A sign which is attached to or otherwise made a part of a permanent roof-like structure which projects beyond the building wall in the form of a large canopy to provide protection from the weather.
19. Monument Sign. An independent, freestanding structure supported on the ground having a solid base as opposed to being supported by poles or open braces.
20. Multi-Tenant Sign. An identification sign for a commercial site with multiple tenants, displaying the names of each tenant on the site.
21. Nonconforming Sign. An advertising structure or sign which was lawfully erected and maintained prior to the adoption of this Land Use and Development Code, but does not now completely comply with current regulations.
22. Off-Site Directional Sign. A sign identifying a publicly owned facility, emergency facility, or a temporary subdivision sign, but excluding real estate signs.
23. Off-Site Sign. A sign identifying a use, facility, service, or product that is not located, sold, or manufactured on the same premise as the sign, or that identifies a use, service, or product by a brand name which, although sold or manufactured on the premise, is not a principal item for sale or manufactured on the premise.
24. Permanent Sign. A sign constructed of durable materials and intended to exist for the duration of time that the use or occupant is located on the premises.
25. Political or Social Issue Sign. A sign that addresses:
a. The passage or defeat of a measure appearing on the ballot in any national, state, or local election;
b. The election or defeat of any candidate for any public office in any national, state, or local election; or
c. An international, national, state, or local political or social issue.
26. Pole/Pylon Sign. An elevated freestanding sign, typically supported by one or two poles or columns.
27. Portable Sign. A sign that is not permanently affixed to a structure or the ground.
28. Projecting Sign. A sign other than a wall sign suspending from, or supported by, a structure and projecting outward.
29. Real Estate Sign. A sign indicating that a property or any portion thereof is available for inspection, sale, lease, rent, or directing people to a property, but not including temporary subdivision signs.
30. Roof Sign. A sign constructed upon or over a roof, or placed so as to extend above the edge of the roof.
31. Temporary Sign. A sign intended to be displayed for a limited period of time and capable of being viewed from a public right-of-way, parking area or neighboring property.
32. Vehicle Sign. A sign which is attached to or painted on a vehicle which is parked on or adjacent to any property, the principal purpose of which is to attract attention to a product sold or business located on the property.
33. Wall Sign. A sign which is attached to or painted on the exterior wall of a structure with the display surface of the sign approximately parallel to the building wall.
34. Window Sign. A sign posted, painted, placed, or affixed in or on a window exposed to public view. An interior sign which faces a window exposed to public view and is located within three feet of the window.
Sign Area. See Section 17.38.060.A (General Requirements for All Signs - Sign area measurement).
Sign Height. See Section 17.38.060.B (General Requirements for All Signs - Sign height measurement).
Significant Material. Any substance including: garbage and debris; lawn clippings, leaves, and other vegetation; biological and fecal waste; mortar; sediment and sludge; manure and other fertilizers, pesticides, oil, grease; gasoline; paints, solvents, cleaners, and any fluid or solid containing toxic or nontoxic chemicals, or heavy metals; used batteries; or anything that contains such significant materials or to which such significant materials may attach.
Single Family Dwelling. A building designed for and/or occupied exclusively by one family. Also includes factory built, modular housing units, constructed in compliance with the Uniform Building Code (UBC), and mobile homes/manufactured housing units that comply with the National Manufactured Housing Construction and Safety Standards Act of 1974, placed on permanent foundation systems.
Site. A parcel or adjoining parcels under single ownership or single control, considered a unit for the purposes of development or other use.
Site Coverage. The percentage of total site area occupied by structures, sidewalks, paved driveways, and other impervious surfaces.
Site Design BMP. Any project design feature that reduces the creation or severity of potential pollutant sources, or reduces the alteration of the project site’s natural flow regime.
Small Family Day Care Home. See “Day Care.”
Small secondary unit. A small secondary residential dwelling unit is a separate, complete housekeeping unit with a separate entrance, kitchen, sleeping area, and full bathroom facility, which is an attached or detached extension to a single-family structure that has no more than one bedroom and that is no greater than 600 square feet in size. Any loft area, regardless of ceiling height, is counted when calculating maximum square feet. No more than one loft area is permitted in a small secondary unit.
Social Service Organization. A public or quasi public establishment providing social and/or rehabilitation services, serving persons with social or personal problems requiring special services, the handicapped, and the otherwise disadvantaged. Examples of this land use include: counseling centers, welfare offices, job counseling and training centers, or vocational rehabilitation agencies. Includes organizations soliciting funds to be used directly for these and related services, and establishments engaged in community improvement and neighborhood development. Does not include day care services, emergency shelters and transitional housing, or “Residential Care,” which are separately defined.
Soil. Naturally occurring superficial deposits overlying bedrock.
Soils Engineer (Geotechnical Engineer). An engineer experienced and knowledgeable in the practice of soils (geotechnical) engineering.
Soils Engineering. The application of the principles of soils mechanics in the investigation, evaluation and design of civil works involving the use of earth materials and the inspection or testing of the construction thereof.
Source Control BMP. Any schedules of activities, prohibitions of practices, maintenance procedures, managerial practices, or operational practices that aim to prevent stormwater pollution by reducing the potential for contamination at the source of pollution.
Specific Plan. A tool for detailed design and implementation of a defined portion of the area covered by a General Plan. A specific plan may include all detailed regulations, conditions, programs, and/or proposed legislation which may be necessary or convenient for the systematic implementation of any General Plan element(s) or a portion thereof or for designating, in a comprehensive and detailed fashion, the City’s or a developer’s intentions with respect to a property’s use and development. (Authorized and further defined in California Planning, Zoning, and Development Laws, Article 8. Sections 65450 through 65457.)
Sports and Entertainment Assembly. A large-scale indoor or outdoor facility accommodating spectator-oriented sports, concerts, and other entertainment activities. Examples of this land use include amphitheaters, race tracks, stadiums and coliseums. May also include commercial facilities customarily associated with the above uses, including bars and restaurants, gift shops, video game arcades, etc.
Sports and Active Recreation Facility. Public and private facilities for various outdoor sports and other types of recreation, where the facilities are oriented more toward participants than spectators. Examples include:
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athletic/sport fields (e.g., baseball, football, softball, soccer) health and athletic club outdoor facilities skateboard parks swimming pools tennis and other sport courts (e.g., handball, squash) |
Storm Drain System. Publicly owned facilities operated by the City by which stormwater is collected and/or conveyed, including any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human made or altered drainage channels, reservoirs, and other drainage structures which are within the City and are not part of a publicly owned treatment works as defined at 40 CFR Section 122.2.
Storm Event. A rainfall event that produces more than 0.1 inch of precipitation and that is separated from the previous storm event by at least 72 hours of dry weather.
Stormwater. Any surface water flow, runoff, or drainage which originates from precipitation (i.e., rainfall or snowmelt).
Storage - Accessory. The indoor storage of materials accessory and incidental to a primary use is not considered a land use separate from the primary use.
Storage - Outdoor. The storage of various materials outside of a structure other than fencing, either as an accessory or primary use.
Storage - Personal Storage Facility. Structures containing generally small, individual, compartmentalized stalls or lockers rented as individual storage spaces and characterized by low parking demand.
Storage - Warehouse, Indoor Storage. Facilities for the storage of furniture, household goods, or other commercial goods of any nature. Includes cold storage. Does not include: warehouse, storage or mini storage facilities offered for rent or lease to the general public (“Storage - Personal Storage Facility”); warehouse facilities primarily used for wholesaling and distribution (see “Wholesaling and Distribution”); or terminal facilities for handling freight (see “Freight Terminal”).
Stream. A stream mapped by USGS on the 7.5 minute quadrangle series, or identified in a local coastal program. The bank of a stream shall be defined as the watershed and relatively permanent elevation or acclivity at the outer line of the stream channel which separates the bed from the adjacent upland, whether valley or hill, and serves to confine the water within the bed and to preserve the course of the stream. In areas where a stream has no discernable bank, the boundary shall be measured from the line closest to the stream where riparian vegetation is permanently established.
Street. A public thoroughfare accepted by the City, which affords principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare except an alley as defined in this Subsection.
Structural BMP. Any structural facility designed and constructed to mitigate the adverse impacts of stormwater runoff pollution (e.g., a canopy or enclosure for an outdoor trash storage area). This category may include both Treatment Control BMPs and Source Control BMPs.
Structure. Anything constructed or erected, the use of which requires attachment to the ground or attachment to something located on the ground. For the purposes of this Land Use and Development Code, the term “structure” includes “buildings,” but does not include swimming pools.
Studio - Art, Dance, Martial Arts, Music, etc. Small scale facilities, typically accommodating one group of students at a time, in no more than one instructional space. Larger facilities are included under the definition of “Schools - Specialized education and training.” Examples of these facilities include: individual and group instruction and training in the arts; production rehearsal; photography, and the processing of photographs produced only by users of the studio facilities; martial arts training studios; gymnastics instruction, and aerobics and gymnastics studios with no other fitness facilities or equipment. Also includes production studios for individual musicians, painters, sculptors, photographers, and other artists.
Studio Unit. A residential unit where living and sleeping space is combined in a single room.
Subdivision. The division, by any subdivider, of any unit or portion of land shown on the latest equalized Mendocino County assessment roll as a unit or contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights of way. Subdivision includes the following, as defined in Civil Code Section 1715: a condominium project; a community apartment project; or the conversion of five or more existing dwelling units to a stock cooperative.
Subdivision Improvements. Subdivision improvements include but are not limited to streets, storm drainage facilities, sanitary sewers, water supply facilities, electric and gas lines.
Subdivision Map Act, or Map Act. Division 2, Title 7 of the California Government Code, commencing with Section 66410 as presently constituted, and any amendments to those provisions.
T. Definitions, “T.”
Telecommunications Facility. Public, commercial and private electromagnetic and photoelectrical transmission, broadcast, repeater and receiving stations for radio, television, telegraph, telephone, data network, and wireless communications, including commercial earth stations for satellite based communications. Includes antennas, commercial satellite dish antennas, and equipment buildings. Does not include telephone, telegraph and cable television transmission facilities utilizing hard-wired or direct cable connections. The following terms and phrases are defined for the purposes of Chapter 17.44 (Telecommunications Facilities).
1. Antenna. Any system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of electromagnetic waves or radio frequency signals.
2. Colocation. The location of two or more wireless, hard wire, or cable communication facilities on a single support structure or otherwise sharing a common location. Collocation shall also include the location of communication facilities with other facilities (e.g., water tanks, light standards, and other utility facilities and structures).
3. Communication Facility. An unstaffed facility, generally consisting of antennas, and equipment cabinet or structure, and related equipment, which receives and/or transmits electromagnetic waves, light waves, radio frequencies or other types of signals.
4. Equipment Cabinet. A cabinet or structure used to house equipment associated with a wireless, hard wire, or cable communication facility.
5. Monopole. A single freestanding pole, post, or similar structure, used to support equipment associated with a single communication facility.
6. Multipoint Distribution Service. A microwave communication service that delivers video programming, data and/or voice communication directly to subscribers, including multi-channel multipoint distribution series, instructional television fixed services, and local multipoint distribution services, or as defined by the Section 207 of the Telecommunications Act of 1996, Section 1.4000 of Title 47 Code of Federal Regulations and any interpretative decisions thereof issued by the Federal Communications Commission.
7. Service Provider. Any authorized provider of communication services.
8. Tower. Any ground or roof mounted pole, spire, structure, or combination thereof taller than 15 feet, including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna or similar apparatus above grade.
Temporary Structure. A structure without any foundation or footings, and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.
Temporary Use. A use of land that is designed, operated and occupies a site for a limited time, typically less than 12 months.
Tenant. A person renting or leasing a housing unit or non-residential space.
Terrestrial Vegetation. Native plants common to areas away from riparian features or the ocean.
Theater. A commercial indoor facility for group entertainment, other than sporting events. Examples of these facilities include:
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civic theaters, and facilities for “live” theater and concerts |
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movie theaters |
See also “Meeting Facility, Public or Private,” and “Sports and Entertainment Assembly.”
Tidelands. All lands which are located between the lines of mean high tide and mean low tide.
Top of Creek Bank. The uppermost ground elevation paralleling a creek or watercourse where the gradient changes from a more defined vertical component to more horizontal.
Trail access. Provides public access (i.e. hiking and equestrian) along a coastal or mountain recreational path, including to and along canyons, rivers, streams, wetlands, lagoons, freshwater marshes, significant habitat and open space areas or similar resource areas, and which also may link inland trails or recreational facilities to the shoreline.
Transit Station or Terminal. A passenger station for vehicular, and rail mass transit systems; also terminal facilities providing maintenance and service for the vehicles operated in the transit system. Includes buses, taxis, railway, etc.
Treatment. The application of engineered systems that use physical, chemical, or biological processes to remove pollutants from stormwater. Such processes include, but are not limited to, filtration, gravity settling, media adsorption, biodegradation, biological uptake, chemical oxidation, and UV radiation.
Treatment Control BMP. Any engineered system designed to remove pollutants from stormwater by simple gravity settling of particulate pollutants, filtration, biological uptake, media adsorption, or any other physical, biological, or chemical process.
U. Definitions, “U.”
Unit Owner, or Owner. The holder of record fee title to an affordable unit. “Unit owner” includes a contract purchaser (“vendee”) under an installment land contract.
Use. See “Land Use.”
Use, Primary. See “Primary Use.”
Urban Runoff. Any surface water flow produced by non-stormwater resulting from residential, commercial, and industrial activities involving the use of potable and non-potable water.
Utility Facility. A fixed base structure or facility serving as a junction point for transferring electric utility services from one transmission voltage to another or to local distribution and service voltages, and similar facilities for water supply and natural gas distribution. These uses include any of the following facilities that are not exempted from planning permit requirements by Government Code Section 530171:
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corporation and maintenance yards. electrical substations and switching stations natural gas regulating and distribution facilities public water system wells, treatment plants and storage telephone switching facilities wastewater treatment plants, settling ponds and disposal fields |
These uses do not include office or customer service centers (classified in “Offices”).
Utility Infrastructure. Pipelines for water, natural gas, and sewage collection and disposal; and facilities for the transmission of electrical energy for sale, including transmission lines for a public utility company. Also includes telephone, telegraph, cable television and other communications transmission facilities utilizing direct physical conduits. Does not include offices or service centers (see “Offices - Business and Service”), or distribution substations (see “Utility Facility”).
V. Definitions, “V.”
Vehicle Services. The repair, servicing, alteration, restoration, towing, painting, cleaning, 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 the following categories.
1. Major Repair/Body Work. These establishments include towing, collision repair, engine repair (such as brake jobs, transmission work, etc.), other body work, and painting services; tire recapping.
2. Minor Maintenance/Repair. Minor facilities providing limited repair and maintenance services. Examples include: attended and self-service car washes; detailing services; muffler and radiator shops; quick-lube services; tire and battery sales and installation (not including recapping).
Does not include automobile parking (see “Parking Facilities”), repair shops that are part of a vehicle dealership on the same site (see “Auto and Vehicle Sales and Rental,” and “Mobile Home, RV, and Boat Sales and Rental”); gas stations, which are separately defined; or dismantling yards, which are included under “Recycling - Scrap and Dismantling Yards.”
Vehicle Storage. A facility for the storage of operative cars and other fleet vehicles, trucks, buses, recreational vehicles, and other motor vehicles. Includes facilities for the storage and/or servicing of fleet vehicles. Does not include public or private parking lots; or dismantling yards (classified in “Recycling - Scrap and Dismantling Yards”).
Vertical access. Provides public access from the first public road, trail, or public use area nearest the sea to the publicly owned shoreline, tidelands, or established lateral access perpendicular to the shore.
Veterinary Clinic, Animal Hospital. Office and indoor medical treatment facilities used by veterinarians, including large and small animal veterinary clinics, and animal hospitals. See also “Kennel, Animal Boarding.”
Video Rental. See “General Retail,” and “Adult Entertainment Business.”
W. Definitions, “W.”
Warehouse. See “Storage - Warehouse, Indoor Storage.”
Water Quality Management Plan. A plan to control post-construction stormwater runoff and pollution, certified by a California Registered Civil Engineer, which shall be required for all Developments of Special Water Quality Concern. The WQMP supplements the Runoff Mitigation Plan required for all development. The WQMP shall include hydrologic calculations that estimate increases in pollutant loads and runoff flows resulting from the proposed development, and specify the BMPs that will be implemented to minimize post-construction water quality impacts.
Waters of the United States. Surface watercourses and water bodies as defined at 40 CFR § 122.2. including all natural waterways and definite channels and depressions in the earth that may carry water, even though such waterways may only carry water during rains and storms and may not carry storm water at and during all times and seasons.
Wetland.
1. Wetland means lands which may be covered periodically or permanently with shallow water and include saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats, and fens. Wetlands are usually lands where the water table is at, near or above the land surface long enough to do either of the following: a) promote the formation of (hydric) soils that are saturated with water at or near the surface and are deficient of oxygen long enough during the growing season to result in soil properties that reflect dominate wetness characteristics near the soils surface (within 10"); or b) support the growth of hydrophytic plants which grow in water or in wet habitats, and include those types of wetlands where vegetation is lacking and soil is poorly developed or absent as a result of frequent and drastic fluctuations of surface water levels, wave action, water flow, turbidity or high concentrations of salts or other substances in the substrate. Such wetlands can be recognized by the presence of surface water or saturated substrate at some time during each year and their location within, or adjacent to, vegetated wetlands or deep-water habitats. The upland limit of a wetland shall be defined as:
A. the boundary between land with predominantly hydrophytic cover and land with predominantly mesophytic or xerophytic cover;
B. the boundary between soil that is predominantly hydric and soil that is predominantly nonhydric; or
C. in the case of wetlands without vegetation or soils, the boundary between land that is flooded or saturated at some time during years of normal precipitation, and land that is not.
2. The term “wetland” shall not include wetland habitat created by the presence of and associated with agricultural ponds and reservoirs where:
A. the pond or reservoir was in fact constructed by a farmer or rancher for agricultural purposes; and
B. there is no evidence (e.g., aerial photographs, historical survey, etc.) showing that wetland habitat pre-dated the existence of the pond or reservoir. Areas with drained hydric soils that are no longer capable of supporting hydrophytes shall not be considered wetlands.
Wholesaling and Distribution. An establishment engaged in selling merchandise to retailers; to contractors, industrial, commercial, institutional, farm, or professional business users; to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Examples of these establishments include:
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agents, merchandise or commodity brokers, and commission merchants assemblers, buyers and associations engaged in the cooperative marketing of farm products merchant wholesalers stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment. |
Also includes storage, processing, packaging, and shipping facilities for mail order and electronic commerce retail establishments.
Wine Tasting. A facility, or area within a winery where wine and related products are offered for retail sale, where wine may be tasted for a fee, or without charge.
Winery. A manufacturing facility where wine grapes are crushed, and their juice is fermented, aged, bottled, and sold at wholesale as finished wine. May include tasting and accessory retail sales of wine produced on site.
X. Definitions, “X.” No specialized terms beginning with the letter “X” are defined at this time.
Y. Definitions, “Y.”
Yard. An area between a lot line and a structure, unobstructed and unoccupied from the ground upward, except for projections permitted by this Land Use and Development Code. See also “Setback,” and Section 17.30.100 (Setback Requirements and Exceptions).
1. Front Yard. An area extending across the full width of the lot between the front lot line and the primary structure.
2. Rear Yard. An area extending the full width of the lot between a rear lot line and the primary structure.
3. Side Yard. An area between a side lot line and the primary structure extending between the front and rear yards.
Z. Definitions, “Z.”
Zero Lot Line. The location of a building on a lot in such a manner that one or more building sides rests directly on a lot line.
Zoning District. Any district established by Section 17.14 (Zoning Map), within which certain land uses are allowed or prohibited, and certain site planning and development standards are established (e.g., setbacks, height limits, site coverage requirements, etc.).