Title 17
ZONING
Chapters:
17.01 General Provisions
17.02 Definitions
17.04 Establishment of Zoning Districts
17.06 R-1 Residential District
17.08 R-2 Residential District
17.10 R-3 Residential District
17.12 R-BA Brisbane Acres Residential District
17.13 C-1 Commercial Mixed-Use District
17.14 NCRO Neighborhood Commercial District
17.15 HC: Beatty Heavy Commercial District
17.16 SCRO-1 Southwest Bayshore Commercial District
17.18 SP-CRO Sierra Point Commercial District
17.19 TC-1 Crocker Park Trade Commercial District
17.20 M-1 Manufacturing District
17.24 MLB Marsh Lagoon Bayfront District
17.26 O-S Open Space District
17.28 PD Planned Development District
17.30 Condominiums
17.31 Inclusionary Housing and Density Bonuses
17.32 General Use Regulations
17.34 Off-Street Parking
17.36 Advertising Signs
17.38 Nonconforming Uses and Structures
17.40 Use Permits
17.41 Interim Uses in the Baylands Subarea
17.42 Design Permits
17.43 Secondary Dwelling Units
17.44 Home Occupations
17.46 Variances
17.48 Revocation of Use Permit or Variance
17.50 Amendments
17.52 Appeals
17.54 Public Hearings
17.56 Administration
17.58 Enforcement and Penalty
Chapter 17.01
GENERAL PROVISIONS
Sections:
17.01.010 Adoption of zoning regulations and zoning map.
17.01.020 Authority and title.
17.01.030 Purposes of title.
17.01.040 Application of title.
17.01.050 Compliance with regulations.
17.01.060 Requirement for lot of record and infrastructure improvements.
17.01.070 Regulations minimal.
17.01.080 Prohibited uses-Administrative interpretations.
17.01.090 Conflict with other regulations.
17.01.100 Establishment of fee schedule.
17.01.105 Concurrent processing of multiple applications.
17.01.110 Resubmittal of applications after denial.
17.01.120 Indemnification of the city.
17.01.010 Adoption of zoning regulations and zoning map.
This title establishes a comprehensive zoning plan for the city, which plan shall consist of: (i) regulations, known as the zoning regulations, as set forth in the chapters of this title, governing the use and development of land within the various classes of districts; and (ii) a map, or set of maps, known as the zoning map, establishing and delineating various classes of districts within the city.
(Ord. 422 § 2(part), 1998).
17.01.020 Authority and title.
A. This title is adopted pursuant to the planning and zoning law of the State, as contained in Title 7, Division 1, Chapter 4 (commencing with Section 65800) of the Government Code, and is supplemental to the provisions thereof.
B. This title shall be known and cited as the zoning ordinance of the city.
(Ord. 422 § 2(part), 1998).
17.01.030 Purposes of title.
The purposes of this title shall be to promote and protect public health, safety, peace, comfort, convenience, and general welfare, and to achieve the following more specific purposes:
A. To control the physical development of the city in such manner as to achieve the arrangement of land uses and open spaces described in the general plan;
B. To ensure that uses and structures enhance their sites, harmonize with improvements in the surrounding area, and are beneficial to the city;
C. To minimize traffic congestion and promote an efficient, safe system of traffic circulation;
D. To provide for adequate off-street parking facilities;
E. To preserve and enhance the natural and scenic resources within the city;
F. To provide for the continuation, preservation, upgrading and restoration of lawfully constructed single-family dwellings which have become nonconforming as a result of subsequent changes in the zoning regulations;
G. To establish the circumstances under which substandard lots may be developed.
(Ord. 422 § 2(part), 1998).
17.01.040 Application of title.
This title shall apply to all property located within the city, except property and property rights owned by the city. With the above noted exception, this title applies to all such property to the maximum extent permitted by law, whether the same be owned by private persons, or by the state or any of its agencies or political subdivisions, or by the county, or by any district, including school districts, organized under the laws of the state, or by any public or private utility.
(Ord. 422 § 2(part), 1998).
17.01.050 Compliance with regulations.
No land shall be used, and no building or structure shall be erected, constructed, enlarged, altered, moved or used in any district as shown on the zoning map except in conformity with the regulations for such district as established in this title.
(Ord. 422 § 2(part), 1998).
17.01.060 Requirement for lot of record and infrastructure improvements.
A. Except as permitted under subsections B and C of this section or as may be permitted under other provisions of this title, no permit or approval shall be granted for the construction or expansion of any new or existing main or accessory structure of any size upon any land, nor shall any permit or approval be granted for the establishment or expansion of any use upon any land, unless both of the following requirements are satisfied:
1. The land constitutes a lot of record, as such term is defined in Chapter 17.02 of this title, or the granting of the permit or approval is conditioned upon such land being established as a lot of record through the recording of a parcel map approved by the city; and
2. All infrastructure improvements necessary for providing service to the existing or proposed structure or use have been constructed or installed in accordance with applicable city standards as determined by the city engineer, or the granting of the permit or approval is conditioned upon such improvements being constructed or installed pursuant to the terms and within such period of time as set forth in an improvement agreement between the city and the applicant, which agreement shall be recorded in the office of the county recorder and shall constitute a covenant running with the land. The improvement agreement may require the applicant to provide security for performance of the work, in such form and amount as determined by the approving authority, and may provide for the applicant to either construct the improvements or to participate in an arrangement for such construction by others, or any combination thereof.
B. In the case of a lot of record which does not abut a public street providing the principal means of access to that lot, the following improvements may be constructed without compliance with the infrastructure requirements set forth in subsection (A)(2) of this section; provided, however no such improvements shall be allowed unless the approving authority determines that adequate infrastructure to service the proposed improvement is available at the site or will be constructed as part of the project:
1. Unenclosed hot tubs, decks, stairways and landings located on the same lot as a lawfully constructed dwelling;
2. Retaining walls;
3. Parking garages and carports, no portion of which is used or usable for human occupancy;
4. An addition, not exceeding a floor area of one hundred (100) square feet, to a lawfully constructed building or structure. Only one such addition shall be allowed under this exemption;
5. Repairs or remodels which do not change the original size or significantly alter the configuration and/or habitable floor area of a lawfully constructed building or structure, as determined by the planning director.
C. Additions or alterations may be made to a lawfully constructed building or structure which is located on a lot of record, without compliance with the infrastructure requirements set forth in subsection (A)(2) of this section, where both of the following conditions are satisfied:
1. The additions or alterations do not exceed fifty percent (50%) of the market value or fifty percent (50%) of the floor area of the existing building or structure, determined in accordance with the provisions of Section 15.08.140; and
2. A public street abutting the lot on which the building or structure is located provides the principal means of access to that lot.
(Ord. 451 § 2, 2000: Ord. 422 § 2(part), 1998).
17.01.070 Regulations minimal.
In interpreting and applying the provisions of this title, unless otherwise stated, the provisions shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare.
(Ord. 422 § 2(part), 1998).
17.01.080 Prohibited uses-Administrative interpretations.
A. The designation of permitted and conditional uses for each zoning district shall be interpreted to mean that any use which is not listed as being either a permitted or conditional use for such district is automatically prohibited.
B. The planning director shall have authority to render administrative interpretations of the general categories of uses described in this title where a proposed activity is not listed, or where any ambiguity arises concerning the appropriate classification of a particular activity. The planning director may include such activity within a general category of use, based upon a finding that:
1. The proposed activity closely resembles the listed general use with respect to purpose, type, function and manner of operation; and
2. The proposed activity is no more objectionable than the listed general use with respect to the level of noise, traffic, odors, disturbance, glare, and other impacts normally associated with the listed general use; and
3. The proposed activity is consistent with the general purposes of this title and the specific purposes of the regulations for the zoning district in which the activity will be conducted, and is consistent with the general plan. Any administrative interpretation by the Planning Director hereunder may be appealed to the planning commission in accordance with the procedure set forth in Chapter 17.52 of this title. The planning director may voluntarily refer any administrative interpretation hereunder to the planning commission for a final determination thereof.
(Ord. 422 § 2(part), 1998).
17.01.090 Conflict with other regulations.
A. Where conflict occurs between the regulations established by this title and the provisions of any other law, ordinance, code or regulation effective within the city, the more restrictive of any such provisions shall apply.
B. The provisions of this title are not intended to repeal, abrogate, interfere with, or annul any existing easement, covenant or other agreement, or any permit previously issued by the city pursuant to the zoning regulations or other laws or ordinances then in effect; provided, however, that in any instance where the regulations of this title impose greater restrictions than imposed by the existing easement, covenant, agreement or permit, then to the extent permitted by law, the regulations of this title shall be controlling.
(Ord. 422 § 2(part), 1998).
17.01.100 Establishment of fee schedule.
The city council shall, by resolution, establish a schedule of fees and costs for processing the various applications required by this title. No application shall be deemed filed or complete until all documents required in connection with such application have been submitted and all required fees and costs have been paid in full.
(Ord. 422 § 2(part), 1998).
17.01.105 Concurrent processing of multiple applications.
Where a project requires multiple permits or approvals to be granted pursuant to this title, the applications for all such permits and approvals shall be filed and processed concurrently, unless otherwise determined by the planning director.
(Ord. 473 § 1, 2003).
17.01.110 Resubmittal of applications after denial.
Where an application is denied by the planning commission or the city council, the same or substantially similar application shall not be filed within a period of one year from the date of the final decision for denial, unless the denial was expressly stated to be without prejudice, or unless, in the opinion of the approving authority, there has been a material change of circumstances since the date of denial to justify an earlier consideration of the application.
(Ord. 422 § 2(part), 1998).
17.01.120 Indemnification of the city.
The approval of any application pursuant to this title shall be subject to a condition that the applicant shall, upon the city's request, defend, indemnify, and hold the city and its officers, officials, boards, commissions, employees and volunteers harmless from and against any claims, actions or proceedings to attack, set aside, void or annul the approval, or any of the proceedings, acts or determinations take, done or made prior to such approval. If the city requests that a defense be provided, the city shall give prompt notice to the applicant of any such claim, action or proceeding, and shall cooperate fully in the defense thereof. Nothing herein shall prevent the city from participating in the defense, but in such event, the city shall pay its own attorney's fees and costs.
(Ord. 422 § 2(part), 1998).
Chapter 17.02 Sections:
17.02.005 Application of definitions.
17.02.010 Abandon.
17.02.015 Abutting.
17.02.017 Active records management services.
17.02.020 Addition.
17.02.025 Adjacent.
17.02.030 Adult entertainment facility.
17.02.040 Alley.
17.02.045 Approving authority.
17.02.050 Articulation.
17.02.060 Attached.
17.02.065 Outside wall.
17.02.070 Automotive repair shop.
17.02.080 Bar.
17.02.085 Bay.
17.02.090 Block.
17.02.100 Building.
17.02.105 Reserved.
17.02.110 Canopy.
17.02.115 Cantilever.
17.02.120 Carport.
17.02.130 CEQA.
17.02.140 Chimney-Chimney box.
17.02.142 Commercial parking lot.
17.02.145 Commercial recreational-Commercial gym and health facilities.
17.02.150 Condominium.
17.02.155 Contiguous.
17.02.160 Contractor's yard.
17.02.165 Convalescent home.
17.02.170 Cornice.
17.02.175 Covered parking.
17.02.180 Cultural facility.
17.02.185 Cupola.
17.02.190 Day care center.
17.02.195 Day care home.
17.02.200 Deck-Parking deck.
17.02.205 Detached.
17.02.210 District.
17.02.220 Driveway.
17.02.230 Duplex.
17.02.235 Dwelling.
17.02.240 Dwelling group.
17.02.250 Eave.
17.02.255 Educational facility.
17.02.260 Emergency access.
17.02.270 Establishment.
17.02.285 Family.
17.02.290 Family day care home.
17.02.300 Fence.
17.02.310 Financial institution.
17.02.315 Floor area-Floor area ratio.
17.02.320 Food production.
17.02.330 Freight forwarder.
17.02.340 Garage.
17.02.345 Gasoline service station.
17.02.350 General plan.
17.02.360 Grade.
17.02.370 Group care home.
17.02.380 Habitat Conservation Plan (HCP).
17.02.385 Heavy equipment repair.
17.02.390 Hedge.
17.02.400 Height.
17.02.410 Home occupation.
17.02.420 Hotel.
17.02.430 Infrastructure.
17.02.440 Invasive.
17.02.450 Kennel.
17.02.460 Kitchen.
17.02.470 Landing.
17.02.475 Landscaping.
17.02.480 Light fabrication.
17.02.485 Live/work development.
17.02.490 Lot.
17.02.495 Lot coverage.
17.02.500 Lot dimensions.
17.02.505 Lot line.
17.02.510 Map Act.
17.02.515 Marina.
17.02.520 Means of access.
17.02.525 Media studio.
17.02.530 Medical facility.
17.02.535 Meeting hall.
17.02.540 Mixed use.
17.02.545 Mobilehome-Mobilehome park.
17.02.550 Motel.
17.02.560 Nonconforming.
17.02.570 Occupant.
17.02.575 Office.
17.02.580 Off-street parking facility.
17.02.590 Open area.
17.02.595 Open space.
17.02.598 Organics reload operations.
17.02.600 Outdoor sales and rental.
17.02.610 Personal services.
17.02.620 Place of worship.
17.02.625 Planning commission.
17.02.627 Plastic pipe sales.
17.02.630 Principal place of residence.
17.02.635 Printing.
17.02.640 Product showroom.
17.02.645 Property line.
17.02.650 Protected tree.
17.02.655 Public utility facilities.
17.02.660 Rare plants.
17.02.665 Record owner.
17.02.670 Recycling facility.
17.02.675 Research and development.
17.02.680 Restaurant.
17.02.685 Retail sales and rental.
17.02.690 Retaining wall.
17.02.695 Ridgeline.
17.02.700 Right-of-way.
17.02.710 Scale.
17.02.715 Setback-Setback area.
17.02.720 Sign.
17.02.725 Site.
17.02.730 Slope.
17.02.740 Stock-in-trade.
17.02.745 Storage.
17.02.746 Storefront.
17.02.750 Street.
17.02.755 Structure.
17.02.760 Subdivision ordinance.
17.02.770 Use.
17.02.780 Veterinary clinic.
17.02.790 Warehousing.
17.02.800 Wholesale.
17.02.810 Wildland interface.
17.02.005 Application of definitions.
The definitions set forth in this chapter shall be applied throughout this title, unless the context or the provision clearly requires otherwise.
(Ord. 422 § 4(part), 1998).
17.02.010 Abandon.
"Abandon" means to cease or discontinue a use or activity without intent to resume, but excluding a temporary discontinuance in connection with a pending sale or other transfer of ownership or management of a use or structure.
(Ord. 422 § 4(part), 1998).
17.02.015 Abutting.
"Abutting" means to physically touch or border upon but not overlap; to share all or a part of a common boundary or a common lot line with another lot or parcel of land.
(Ord. 422 § 4(part), 1998).
17.02.017 Active records management services.
"Active records management services" means an establishment used as a depository for records which are retrieved and delivered on a daily basis. This service may include providing filing, indexing, bar-coding, and cataloging of records.
(Ord. 440 § 1, 1999).
17.02.020 Addition.
"Addition" means any construction added to the original structure at some time after the completion of the original which increases the size of the structure in terms of lot coverage, height or floor area.
(Ord. 422 § 4(part), 1998).
17.02.025 Adjacent.
"Adjacent" means physically close and next to, but without touching or having a common boundary or a common lot line with another lot or parcel of land.
(Ord. 422 § 4(part), 1998).
17.02.030 Adult entertainment facility.
"Adult entertainment facility" means an establishment consisting of, including, or having the characteristics of any or all of the following:
A. "Adult bookstore," which means an establishment having as a substantial or significant portion of its stock-in-trade books, magazines, publications, tapes or films that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas;
B. "Adult cabaret," which means an establishment devoted to adult entertainment, either with or without a liquor license, presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas, including an establishment that features topless dancers, strippers, or similar entertainers for observation by patrons;
C. "Adult motion picture theater," which means an enclosed building or video booth used for the showing of motion pictures distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.
(Ord. 422 § 4(part), 1998).
17.02.040 Alley.
"Alley" means a narrow service way, either public or private, permanently reserved as a secondary means of access to abutting property but not intended for general traffic circulation.
(Ord. 422 § 4(part), 1998).
17.02.045 Approving authority.
"Approving authority" means the decision making body, commission or official of the city designated under the provisions of this title as having the authority to initially approve or deny a particular type of application.
(Ord. 422 § 4(part), 1998).
17.02.050 Articulation.
"Articulation" means changes of plane on the outside wall of a building of two feet or greater, such as provided by decks, bays, and other projections or recesses. Articulation also includes voids resulting from a change in the shape of the outside wall.
(Ord. 463 § 1, 2002: Ord. 422 § 4(part), 1998).
17.02.060 Attached.
"Attached" means anything physically connected to a building or structure so as to become an integral part thereof. The term includes components of a structure joined together by a common wall, floor, or ceiling or fully enclosed hallway.
(Ord. 422 § 4(part), 1998).
17.02.065 Outside wall.
"Outside wall" means any wall that defines the exterior boundaries of a structure.
A. "Front outside wall," "rear outside wall" and "side outside wall" respectively mean the outside wall that is generally parallel to the front, rear or side lot line of the site.
B. "Exterior side outside wall" means a side outside wall generally parallel to a street. "Interior side outside wall" means any side outside wall other than an exterior side outside wall.
(Ord. 463 § 4, 2002).
17.02.070 Automotive repair shop.
"Automotive repair shop" means an establishment where motor vehicles, or any parts, components or systems thereof, are serviced, repaired, overhauled or replaced. Automotive repair shops generally fall into either of the following categories, as determined in each case by the planning director:
A. "Automotive light repair" means an automotive repair shop primarily engaged in the cleaning, waxing, detailing, incidental touch-up painting, and minor servicing of automobiles. Automotive light repair frequently constitutes a part of a gasoline service station, as defined in this chapter.
B. "Automotive heavy repair" means an automotive repair shop primarily engaged in collision repair, reconstruction, overhaul and painting of automobiles, or other major mechanical or body work.
(Ord. 422 § 4(part), 1998).
17.02.080 Bar.
"Bar" means an establishment engaged primarily in the sale or dispensing of alcoholic beverages by the drink for on-site consumption and where food may be available for consumption on the premises as an accessory use.
(Ord. 422 § 4(part), 1998).
17.02.085 Bay.
"Bay" or "bay window" means a projection from a building that forms a recess in the interior.
(Ord. 422 § 4(part), 1998).
17.02.090 Block.
"Block" means any lot or group of contiguous lots on one side of a street and either: (i) lying between intersecting streets, or (ii) lying within the same street address hundred range, whichever may be the shortest distance.
(Ord. 422 § 4(part), 1998).
17.02.100 Building.
"Building" means any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any person, animal, property or use.
(Ord. 422 § 4(part), 1998).
17.02.105 Reserved.
17.02.110 Canopy.
"Canopy" means a rooflike cover that projects from the wall of a building for the purpose of shielding a doorway or window from the elements.
(Ord. 422 § 4(part), 1998).
17.02.115 Cantilever.
"Cantilever" means a structural projection from a building which is vertically supported at only one end.
(Ord. 422 § 4(part), 1998).
17.02.120 Carport.
"Carport" means an accessory structure or a portion of a main structure designed for the storage of motor vehicles having a permanent roof and not enclosed on two (2) or more sides.
(Ord. 422 § 4(part), 1998).
17.02.130 CEQA.
"CEQA" means the California Environmental Quality Act, as set forth in Division 13 (commencing with Section 21000 et seq.) of the California Public Resources Code, and any amendments or replacements thereof, and including any guidelines adopted from time to time pursuant thereto.
(Ord. 422 § 4(part), 1998).
17.02.140 Chimney-Chimney box.
A. "Chimney" means a portion of a structure containing one or more flues for drawing off emissions from stationary sources of combustion.
B. "Chimney box" means a portion of a structure built for the purpose of enclosing a chimney.
(Ord. 422 § 4(part), 1998).
17.02.142 Commercial parking lot.
"Commercial parking lot" means an establishment providing off-street parking facilities available to the general public for which a parking fee is charged as consideration for such use and where such establishment constitutes the principal use on the site or a separate use unrelated to the principal use on the same site. The term does not include a parking facility operated as an accessory use, regardless of whether compensation is charged for use of such facility.
(Ord. 428 § 1, 1998).
17.02.145 Commercial recreation-Commercial gym and health facilities.
A. "Commercial recreation" means a use de
signed and equipped for the conduct of sports and leisure-time activities operated as a business.
B. "Commercial gym and health facilities" means a commercial recreation use conducted entirely within an enclosed structure containing facilities such as exercise equipment, game courts, swimming pool or spa, and shower and/or changing room facilities.
(Ord. 422 § 4(part), 1998).
17.02.150 Condominium.
"Condominium" means a building, or group of buildings, in which dwellings units, offices, retail sales or rental spaces, floor areas, or other portions of the property are owned individually or restricted for the exclusive use of a single owner, and the structure, common areas, and common facilities are owned by all the owners on a proportional, undivided basis. The individual ownership interest may include a fee, a life estate, a leasehold, or a right of use during a specific period of time.
(Ord. 422 § 4(part), 1998).
17.02.155 Contiguous.
"Contiguous" means abutting, as such term is defined in this chapter.
(Ord. 422 § 4(part), 1998).
17.02.160 Contractor's yard.
"Contractor's yard" means an area, not enclosed within a structure, that is used for parking and keeping of vehicles, trailers, equipment, materials and supplies utilized by a building or trade contractor in connection with the conduct of such contractor's business, but not including long term storage of any items of personal property.
(Ord. 422 § 4(part), 1998).
17.02.165 Convalescent home.
"Convalescent home" means an establishment licensed by the state providing residential and health care services, for compensation, for persons recovering from illness, injury, or suffering from the infirmities of old age.
(Ord. 422 § 4(part), 1998).
17.02.170 Cornice.
"Cornice" means the portion of a building where the roof and side walls meet or the top course of a wall when treated as a crowning member of the building.
(Ord. 422 § 4(part), 1998).
17.02.175 Covered parking.
"Covered parking" means a garage or carport that provides full overhead protection from the elements with ordinary roof coverings. Canvas, lath, fiberglass, plastic and vegetation are not ordinary roof coverings and shall not be considered a covered parking space.
(Ord. 422 § 4(part), 1998).
17.02.180 Cultural facility.
"Cultural facility" means a place, structure, area, or other facility in which cultural programs, displays or activities generally open to the public are conducted. The term includes, but is not limited to, museums and performance halls.
(Ord. 422 § 4(part), 1998).
17.02.185 Cupola.
"Cupola" means a small rounded and domed portion of a structure that typically extends above the roof.
(Ord. 422 § 4(part), 1998).
17.02.190 Day care center.
"Day care center," also known as "child care center," means an establishment licensed by the state, not located in the licensee's own home, where non-medical care and supervision are provided for children in a group setting for periods of less than twenty-four (24) hours. The term includes nurseries, nursery schools, preschools, play groups, and after school group care, but does not include a family day care home operated in the provider's own home.
(Ord. 422 § 4(part), 1998).
(Ord. No. 534, § 1, 2-17-09)
17.02.195 Day care home.
"Day care home" means family day care home, as such term is defined in this chapter.
(Ord. 422 § 4(part), 1998).
17.02.200 Deck-Parking deck.
A. "Deck" means a floored area which is not located on grade and is not covered by a roof other than an eave or overhang, and which is wider than a minimum required landing.
B. "Parking deck" means a deck designed for the parking and storage of motor vehicles.
(Ord. 422 § 4(part), 1998).
17.02.205 Detached.
"Detached" means a building or structure which is not attached (as such term is defined in this chapter) to any other building or structure.
(Ord. 422 § 4(part), 1998).
17.02.210 District.
"District" means a zoning district established under the provisions of this title.
(Ord. 422 § 4(part), 1998).
17.02.220 Driveway.
"Driveway" means a private roadway which provides access to off-street parking or loading spaces on a single site, the use of which is limited to persons residing or working on the site and their invitees, licensees and business visitors.
(Ord. 422 § 4(part), 1998).
17.02.230 Duplex.
"Duplex" means a building containing two dwelling units totally separated from each other by a wall, floor or ceiling; provided, however, that a building containing a single-family dwelling and a lawful secondary dwelling unit shall not be deemed a duplex.
(Ord. 422 § 4(part), 1998).
17.02.235 Dwelling.
"Dwelling" means a place that is used as the personal residence of the occupants thereof, exclud
ing trailers, campers, tents, recreational vehicles, hotels, motels, boarding houses and temporary structures.
A. "Dwelling unit" means a room or group of rooms including living, sleeping, eating, cooking and sanitation facilities, constituting a separate and independent housekeeping unit, designed, occupied, or intended for occupancy by one family on a permanent basis.
B. "Single-family dwelling" means a dwelling unit constituting the only principal structure upon a single site (excluding any lawfully established secondary dwelling unit that may be located within the same structure on upon the same site).
C. "Multiple-family dwelling" means a building or site containing three (3) or more dwelling units.
D. "Secondary dwelling unit" means a separate dwelling unit created upon a site within the R-1 or R-BA district that contains a single-family dwelling and for which a use permit has been granted pursuant to Chapter 17.43 of this title. Subject to the restrictions of this title, the secondary dwelling unit may be attached to or detached from the single-family dwelling.
(Ord. 479 § 1, 2003; Ord. 422 § 4(part), 1998).
17.02.240 Dwelling group.
"Dwelling group" means a group of two or more detached buildings located upon the same site, each of which contains one or more dwelling units.
(Ord. 422 § 4(part), 1998).
17.02.250 Eave.
"Eave" means the projecting lower edges of a roof overhanging the exterior wall of a building.
(Ord. 422 § 4(part), 1998).
17.02.255 Educational facility.
"Educational facility" means a public or private use devoted to instruction, including, but not limited to, primary, middle and high schools, business and technical schools, colleges and universities.
(Ord. 422 § 4(part), 1998).
17.02.260 Emergency access.
"Emergency access" means a street or easement which is gated or otherwise closed to regular use by vehicular traffic and intended for use by vehicular traffic only in the event of emergency.
(Ord. 422 § 4(part), 1998).
17.02.270 Establishment.
"Establishment" means an economic unit, generally at a single physical location, where business is conducted or services or commercial activities are performed.
(Ord. 422 § 4(part), 1998).
17.02.285 Family.
"Family" means one or more persons occupying a dwelling unit and living together as a single housekeeping unit. The term shall not include a group of persons occupying a fraternity or sorority house, club, hotel, motel, nursing home, group care home or institution of any kind.
(Ord. 422 § 4(part), 1998).
17.02.290 Family day care home.
"Family day care home" means an establishment operated by the provider in the provider's own home as an accessory use incidental to the residential occupancy and licensed by the state to provide care, protection and supervision to children for periods of less than twenty-four (24) hours per day while the parents or guardians are away, and includes the following:
A. "Small family day care home" means a family day care home for six (6) or fewer children, including children under the age of ten (10) years who reside at the home;
B. "Large family day care home" means a family day care home for seven (7) to twelve (12) children, including children under the age of ten (10) years who reside at the home.
(Ord. 422 § 4(part), 1998).
17.02.300 Fence.
"Fence" means an artificially constructed barrier of any material or combination of materials erected to enclose, screen or separate areas.
(Ord. 422 § 4(part), 1998).
17.02.310 Financial institution.
"Financial institution" means a bank, savings and loan association, credit union, thrift association, or similar organization.
(Ord. 422 § 4(part), 1998).
17.02.315 Floor area-Floor area ratio.
A. "Floor area" means the sum of the gross horizontal areas of all floors of a building measured from the interior face of the exterior walls or columns, but excluding any area where the floor to ceiling height is less than six (6') feet. The Planning Director shall have authority, on a case by case basis, to determine that a particular area, by reason of its location or features, should properly be excluded from the calculation of floor area for the purposes of this title.
B. "Floor area ratio" means the floor area of all buildings on a lot divided by the total lot area.
(Ord. 463 § 3, 2002: Ord. 422 § 4(part), 1998).
17.02.320 Food production.
"Food production" means an establishment engaged in the preparation of food products for wholesale or retail distribution and eventual human consumption but not consumption on the premises. The term does not include any form of slaughterhouse of live animals.
(Ord. 422 \s; 4(part), 1998).
17.02.330 Freight forwarder.
"Freight forwarder" means an establishment engaged in the receipt and distribution of goods, products, mail, packages, cargo, or materials, or any combination thereof, belonging to others, including transshipment by boat, rail, air or motor vehicle. The distribution function may include the breakdown of large orders from a single source into smaller orders for distribution to several recipients and consolidation of several orders into one large one for distribution to a single recipient. The term does not include any establishment engaged in the receipt and/or distribution of its own products, inventory or merchandise.
(Ord. 422 § 4(part), 1998).
17.02.340 Garage.
"Garage" means an accessory structure or a portion of a main structure designed for the parking and storage of motor vehicles, having and permanent roof and enclosed on three (3) or more sides.
(Ord. 422 § 4(part), 1998).
17.02.345 Gasoline service station.
"Gasoline service station" means an establishment primarily engaged in the retail sale of gasoline to the public, with incidental sale of lubricants, tires, batteries, small parts and accessories for the operation of automobiles, and may include a light automotive repair shop (as defined in this chapter) for the incidental performance of routine maintenance and repair services. Establishments such as, but not limited to, automotive collision and body shops, automotive painting facilities, automobile dismantlers, and heavy automotive repair shops, shall not be classified as gasoline service stations.
(Ord. 422 § 4(part), 1998).
17.02.350 General plan.
"General plan" means the current general plan as adopted by the city pursuant to the requirements of the government code, and any amendments thereto, and any specific plan applicable to the site.
(Ord. 422 § 4(part), 1998).
17.02.360 Grade.
"Grade" means the elevation of land, as measured in feet above sea level.
A. "Finish grade" means the final elevation of the ground surface after completion of all site preparation and development.
B. "Natural grade" means the elevation of the ground surface in its natural state, before construction, grading, filling or excavation.
(Ord. 422 § 4(part), 1998).
17.02.370 Group care home.
"Group care home" means an establishment licensed by the state to provide twenty-four (24) hour nonmedical care for seven (7) or more persons in need of supervision, personal services, or assistance essential for sustaining the activities of daily living or for the protection of the individual.
(Ord. 422 § 4(part), 1998).
17.02.380 Habitat Conservation Plan (HCP).
"Habitat Conservation Plan" also referred to as the "HCP" means the San Bruno Mountain Area Habitat Conservation Plan, dated November, 1982, as amended September, 1986, and any further amendments or revisions thereof, and including also the agreement with respect to the San Bruno Mountain Area Habitat Conservation Plan, commonly referred to as the "HCP Agreement" dated November, 1982, and any amendments or revisions thereof.
(Ord. 422 § 4(part), 1998).
17.02.385 Heavy equipment repair.
"Heavy equipment repair" means an establishment engaged in the on-site repair or maintenance of heavy-duty machinery, equipment or vehicles, including, but not limited to, dump trucks, semi-tractors, bulldozers and forklifts.
(Ord. 422 § 4(part), 1998).
17.02.390 Hedge.
"Hedge" means a dense row of shrubs or trees.
(Ord. 422 § 4(part), 1998).
17.02.400 Height.
A. Structures. As applied to structures, height means the vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped or vaulted roof. The reference datum shall be the lowest point of elevation of the finished grade between the building and the property line when the property line is five (5) feet or less from the building. When the property line is more than five (5) feet from the building, the reference datum shall be the lowest point of elevation of the finished grade between the building and a line five (5) feet from the building. When the finished grade results from fill, the reference datum shall be the lowest point of elevation of the natural grade prior to the placement of the fill. In the case of a stepped or terraced building, each segment of the building shall be separately measured and the height of the building shall be the maximum height of the highest segment.
B. Signs. As applied to signs, height means the vertical distance measured from the lowest finished grade directly beneath the sign to the highest point at the top of the sign.
C. Fences and Walls. As applied to fences and walls, height means that side having the greatest distance as measured by a vertical line from the highest point of the fence or wall to a point directly below at finish grade. Where a fence is constructed upon or approximately parallel to and less than two (2) feet from a retaining wall, the fence shall be considered as part of the wall in measuring its height, which shall be the combined vertical distance of both the fence and the retaining wall.
(Ord. 483B § 1, 2003; Ord. 422 § 4(part), 1998).
17.02.410 Home occupation.
"Home occupation" means the conduct of a trade or profession, the offering of a service, the conduct of a business, or the handcraft manufacture or products, in a dwelling unit by the occupants thereof as an accessory use incidental to residential occupancy, and in accord with the regulations prescribed in this title.
(Ord. 422 § 4(part), 1998).
17.02.420 Hotel.
"Hotel" means a building or group of buildings containing guest rooms or suites offered, for compensation, to the general public as transient lodging accommodations. The term includes motel, inn, motor court, bed and breakfast establishment or similar use.
(Ord. 422 § 4(part), 1998).
17.02.430 Infrastructure.
"Infrastructure" means all on-site and off-site improvements, facilities and services, whether public or private or any combination thereof, required for development and human occupancy of a site, and constructed, or to be constructed, in accordance with standards applicable thereto as adopted by the governmental agency, utility, or other provider which owns and operates the improvement, facility or service. The term includes, but is not limited to, a means of access from a public street; storm drainage and sanitary sewer facilities; water, electricity, gas, telephone and other utility services.
(Ord. 422 § 4(part), 1998).
17.02.440 Invasive.
"Invasive," as applied to plants, means vegetation having a natural tendency to spread into adjacent areas and adversely affect the native growth in the adjacent area.
(Ord. 422 § 4(part), 1998).
17.02.450 Kennel.
A. "Boarding kennel" means an establishment in which dogs or other household domesticated animals are boarded, housed, groomed, trained or cared for, either on a day use basis or including overnight occupancy.
B. Breeding kennel means an establishment in which dogs or other household domesticated animals are bred, raised and sold.
(Ord. 422 § 4(part), 1998).
17.02.460 Kitchen.
"Kitchen" means a room designed, intended or used for the cooking and preparation of food.
(Ord. 422 § 4(part), 1998).
17.02.470 Landing.
"Landing" means a platform at the top or bottom or between the top and bottom of a flight of stairs which is no wider than the stairway, or a platform outside a door which is not more than twice the width of the door.
(Ord. 422 § 4(part), 1998).
17.02.475 Landscaping.
"Landscaping" means plants and incidental ornamental materials, including wood chips, rocks and statuary.
(Ord. 422 § 4(part), 1998).
17.02.480 Light fabrication.
"Light fabrication" means a use engaged in the fabrication, predominantly from previously prepared materials, of finished products or parts, including processing, assembling, treating and packaging. The term also includes the storage, sales and distribution of the finished products when conducted as an incidental and accessory use.
(Ord. 422 § 4(part), 1998).
17.02.485 Live/work development.
"Live/work development" means a development which primarily consists of nonresidential structures and uses but includes facilities for residential occupancy which contain all of the required elements of a dwelling unit.
(Ord. 422 § 4(part), 1998).
17.02.490 Lot.
A. "Lot" means a parcel of land consisting of a single lot of record.
B. "Lot of record" means any of the following:
1. A lot which is part of a subdivision and shown on a map thereof as recorded in the office of the county recorder; or
2. A legally created parcel of land described by metes and bounds or shown on a parcel map which has been recorded in the office of the county recorder; or
3. A parcel of land for which a certificate of compliance has been issued by the city or the county pursuant to the map act and such certificate has been so recorded in the office of the county recorder.
C. "Corner lot" means a lot abutting the intersection of two or more streets.
D. "Double frontage or through lot" means a lot that fronts upon two (2) parallel streets.
E. "Downslope lot" means a lot having a slope of twenty percent (20%) or more, with the slope descending downhill from the front lot line.
F. "Hillside lot" means any lot having a slope of twenty percent (20%) or more.
G. "Interior lot" means a lot other than a corner lot.
H. "Substandard or nonconforming lot" means a lot having any lot dimensions that do not comply with the minimum standards applicable to such lot as prescribed by the regulations for the district in which the lot is located. A substandard lot includes a lot that was legally created in compliance with all zoning and subdivision regulations then applicable to the property, but which, by virtue of subsequent rezoning, reclassification, or the adoption of or change in zoning regulations, no longer conforms with any of the standards for the district in which the lot is located.
I. "Upslope lot" means a lot having a slope of twenty percent (20%) or more, with the slope ascending uphill from the front lot line.
(Ord. 422 § 4(part), 1998).
17.02.495 Lot coverage.
"Lot coverage" means that percentage of a lot that is covered or occupied by structures. Lot coverage includes any finished surface, such as a slab or deck, which is covered by a roof or other solid covering with at least seven (7) feet of clearance, other than an eave or overhang, and includes also cantilevered bays and other enclosed architectural projections which contain floor or seating area.
(Ord. 422 § 4(part), 1998).
17.02.500 Lot dimensions.
"Lot dimensions" means the size and configuration of a lot, as determined by the area, width and depth of the lot, defined as follows:
A. "Lot area" means the total horizontal area located within the property lines of a lot, including any area within the original property lines that is dedicated to the public for street purposes as a requirement for approval of a development on the lot which created the need for such dedication.
B. "Lot depth" means the horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line, or to the most distant point on any other lot line where there is no rear lot line.
C. "Lot width" means the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines, or if there is no rear lot line, at the midway points of the intersecting side lot lines.
(Ord. 422 § 4(part), 1998).
17.02.505 Lot line.
"Lot line" means any boundary of a lot.
A. "Front lot line" means the lot line abutting upon or adjacent to a street or public right-of-way. In the case of corner lots, double frontage lots, lots which are not abutting or adjacent to a street or public right-of-way, or lots having irregular shape, the front lot line shall be determined by the planning director, based upon the means of access to the lot, the pattern of development in the immediately surrounding area, and such other factors as the planning director may deem appropriate.
B. "Rear lot line" means the lot line not intersecting a front lot line which is most distant from and most closely parallel to the front lot line. A lot bounded by only three (3) lot lines will not have a rear lot line.
C. "Side lot line" means any lot line which is not a front or rear lot line.
(Ord. 422 § 4(part), 1998).
17.02.510 Map Act.
"Map Act" means the State Subdivision Map Act as contained in Title 7, Division 2 (commencing with Section 66410) of the Government Code.
(Ord. 422 § 4(part), 1998).
17.02.515 Marina.
"Marina" means a facility for the berthing and securing of boats, that may include boat servicing uses.
(Ord. 481 § 1, 2003).
17.02.520 Means of access.
"Means of access" means a street, right-of-way or easement providing ingress to and egress from any lot to a street.
(Ord. 422 \s; 4(part), 1998).
17.02.525 Media studio.
"Media studio" means an establishment engaged in the production and/or transmission of media, including, but not limited to, radio, television, film, video, graphic arts and multi-media.
(Ord. 422 § 4(part), 1998).
17.02.530 Medical facility.
"Medical facility" means an establishment where licensed practitioners provide medical or dental services, including, but not limited to, single or multipractitioner clinics, physical therapy, diagnostic services and outpatient surgery.
(Ord. 422 § 4(part), 1998).
17.02.535 Meeting hall.
"Meeting hall" means a facility intended for group gatherings which constitutes the principal use on the site.
(Ord. 422 § 4(part), 1998).
17.02.540 Mixed use.
"Mixed use" means a combination of residential and nonresidential uses that are located within the same structure or upon the same site.
(Ord. 422 § 4(part), 1998).
17.02.545 Mobilehome-Mobilehome park.
A. "Mobilehome" means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein. Campers, motor homes, and similar recreational vehicles are not considered to be mobilehomes.
B. "Mobilehome park" means a site containing spaces with required improvements and utilities that are leased for the long-term placement of two (2) or more mobilehomes and may include services and common facilities for the residents.
(Ord. 422 § 4(part), 1998).
17.02.550 Motel.
"Motel" means hotel, as defined in this chapter.
(Ord. 422 § 4(part), 1998).
17.02.560 Nonconforming.
A. "Nonconforming use" means a use of a structure or site, or both, which was lawfully established or maintained in compliance with all zoning regulations then applicable to such use, but which, by virtue of a subsequent rezoning, reclassification, or the adoption of or change in use regulations, no longer conforms with the use regulations of the district in which it is located. Structures that are nonconforming with regard to density of development shall be treated as nonconforming uses and such nonconformity shall apply to all structures included in the density calculation.
B. "Nonconforming structure" means a structure which was lawfully constructed in compliance with all zoning regulations then applicable to the site, but which, by virtue of a subsequent rezoning, reclassification, or the adoption of or change in zoning regulations, no longer conforms with one or more of the development standards, including parking and landscaping requirements, for the district in which the structure is located.
C. "Nonconforming facility" means a structure or site which conforms with the regulations of this title but is used or occupied by one or more nonconforming uses.
(Ord. 478 § 1, 2003: Ord. 422 § 4(part), 1998).
17.02.570 Occupant.
"Occupant," as applied to a building or land, means the person in actual possession of the whole or a part of such building or land, either alone or with others.
(Ord. 422 § 4(part), 1998).
17.02.575 Office.
"Office" means a room or group of rooms and associated facilities used for conducting the management and administrative affairs of a business, profession, service, industry or government and generally furnished with desks, tables, files and communication equipment. The term does not include medical facilities or veterinary clinics.
(Ord. 422 § 4(part), 1998).
17.02.580 Off-street parking facility.
"Off-street parking facility" means an area used or intended for use for parking one or more motor vehicles, including aisles, access driveways, turning and maneuvering areas, clearances, and similar features and related landscaped areas, meeting the requirements established by this title. The term includes garages, carports, parking decks, parking lots and parking structures.
(Ord. 422 § 4(part), 1998).
17.02.590 Open area.
"Open area" means parcels of land or portions thereof, primarily in private ownership, that provide "openness" to a development pattern. Open area includes, but is not limited to, setbacks and landscaped easements, gardens, parks and recreation areas within private developments, plazas, courtyards and similar gathering places. Streets, sidewalks, parking lots and similar improvements do not constitute open areas.
(Ord. 422 § 4(part), 1998).
17.02.595 Open space.
"Open space" means any parcel or area of land or water that is essentially unimproved and dedicated or proposed to be dedicated to the public for outdoor recreation or preservation of biotic communities. Open space may consist of either land kept in its natural state or land containing recreational facilities such as picnic tables, play equipment and playing fields, court games, and swimming pools.
(Ord. 422 § 4(part), 1998).
17.02.598 Organics reload operations.
"Organics reload operations" means a facility in which organic waste materials, such as lawn trimmings and food scraps, are reloaded from collection trucks into long-haul trucks to be sent to a composting facility elsewhere within forty-eight (48) hours.
(Ord. 502 § 1, 2005).
17.02.600 Outdoor sales and rental.
"Outdoor sales and rental" means a retail sales and rental use that is not conducted within an enclosed structure, and includes automobile car sales lots and plant nurseries, but excluding outdoor cafes.
(Ord. 422 § 4(part), 1998).
17.02.610 Personal services.
"Personal services" means services of a personal convenience nature involving the care of an individual or his or her personal goods or apparel, including, but not limited to, barber and beauty shops, shoe, luggage and small appliance repair, photographers, laundry and drop-off cleaning services, copying, repair and alteration of clothes and similar services. The term also includes personal services rendered by a tradesperson or contractor, such as a plumber, electrician or heating and cooling equipment contractor, including the incidental storage of materials, supplies, products, parts and other items of personal property related to the furnishing of such services. Services provided to a commercial establishment would not usually be classified as personal services.
(Ord. 422 § 4(part), 1998).
17.02.620 Place of worship.
"Place of worship" means a structure intended as a meeting hall for religious worship and related activities.
(Ord. 422 § 4(part), 1998).
17.02.625 Planning commission.
"Planning commission" means the planning commission of the city of Brisbane.
(Ord. 422 § 4(part), 1998).
17.02.627 Plastic pipe sales.
"Plastic pipe sales" means an establishment engaged in the sale of plumbing, irrigation and related types of plastic pipe and ancillary materials and may include the rendering of services incidental to such sale of goods; plastic pipe sales uses are classified as a subcategory of retail sales and rental uses as defined in this title.
(Ord. 503 § 1, 2005).
17.02.630 Principal place of residence.
"Principal place of residence" means a dwelling unit occupied by a person as his or her permanent residence.
(Ord. 422 § 4(part), 1998).
17.02.635 Printing.
"Printing" means an establishment primarily engaged in producing copies of text or illustration using a variety of technologies including, but not limited to, lithography, offset, silk-screen and photography.
(Ord. 422 § 4(part), 1998).
17.02.640 Product showroom.
"Product showroom" means a display area where members of a trade may view products on display and where orders for such products are taken for off-site delivery only.
(Ord. 422 § 4(part), 1998).
17.02.645 Property line.
"Property line" means a lot line, as such term is defined in this chapter.
(Ord. 422 § 4(part), 1998).
17.02.650 Protected tree.
"Protected tree" shall have the same meaning as such term is defined in chapter 12.12 of the Brisbane Municipal Code, as amended from time to time.
(Ord. 422 § 4(part), 1998).
17.02.655 Public utility facilities.
"Public utility facilities" means structures and facilities, including generating and switching stations, poles, lines, pipes, pumping stations, repeaters, antennas, transmitters and receivers, valves, and other improvements relating to the furnishing of utility services to the public, such as electric, gas, water, sanitary sewer, storm sewer, telephone, telecommunications, and public transit, but not including offices, warehousing, retail sales or rental.
(Ord. 481 § 2, 2003).
17.02.660 Rare plants.
"Rare plants" means any species of plants which is likely to become endangered within the foreseeable future throughout all or a significant portion of its range, as identified by the California Department of Fish and Game, or any successor state agency given the responsibility for making such identifications.
(Ord. 422 § 4(part), 1998).
17.02.665 Record owner.
"Record owner" means the owner of a parcel of real property as shown on the most recent available assessment roll published by the county assessor; provided, however, that upon presentation to the city of deeds or other instruments of conveyance which have been duly recorded in the office of the county recorder, together with such other evidence of ownership as the city may require (including, but not limited to, a title report prepared by a title insurance company), the city may determine that a person or persons other than as shown on the county assessment roll is the record owner of the property.
(Ord. 422 § 4(part), 1998).
17.02.670 Recycling facility.
"Recycling facility" means a site upon which used, nonhazardous materials are received, separated and recovered for reuse in a nonhazardous manner.
(Ord. 422 § 4(part), 1998).
17.02.675 Research and development.
"Research and development" means a use engaged in studying, testing, designing, analyzing and experimenting with potential or existing products, processes or services.
(Ord. 422 § 4(part), 1998).
17.02.680 Restaurant.
"Restaurant" means an establishment having seating capacity where food and drink are prepared and served for human consumption on the premises.
(Ord. 422 § 4(part), 1998).
17.02.685 Retail sales and rental.
"Retail sales and rental" means an establishment engaged in the sale or rental of goods directly to the consumer and may include the rendering of services incidental to such sale or rental of goods.
(Ord. 422 § 4(part), 1998).
17.02.690 Retaining wall.
"Retaining wall" means a wall providing lateral subsurface support to earth or fill material on the uphill side and having an exposed face on the opposite side.
(Ord. 422 § 4(part), 1998).
17.02.695 Ridgeline.
"Ridgeline" means a line connecting the points of highest elevation at the top of and parallel to the lines of hills constituting a part of the San Bruno Mountain.
(Ord. 422 § 4(part), 1998).
17.02.700 Right-of-way.
A. "Public right-of-way" means a strip or area of land owned by the city or any other public entity or public utility which is used, or reserved or intended for use, as a street, road, alley, driveway or pedestrian walkway, or to provide public utility service, or any combination thereof, and includes all and any part of the entire width or other area of a designated right-of-way, whether or not such entire width or area is actually used for any of such purposes.
B. "Railroad right-of-way" means a strip of land on which railroad tracks, spur tracks, sidings, switching equipment and signals are located, and includes the entire width or other area of the designated right-of-way, whether or not the entire width or area is actually used for such railroad facilities.
(Ord. 422 § 4(part), 1998).
17.02.710 Scale.
"Scale" means the relationship of a particular structure, project or development to its surroundings in terms of size, height and bulk.
DEFINITIONS