BEFORE THE CITY COUNCIL OF THE CITY OF FORT BRAGG
AN ORDINANCE MAKING MINOR AMENDMENTS TO VARIOUS CHAPTERS OF THE CLUDC INCLUDING THE FOLLOWING: CHAPTER 17.38 “SIGNS”; CHAPTER 17.34 “LANDSCAPING STANDARDS”; 17.42.160 “RESIDENTIAL ACCESSORY USES AND STRUCTURES”; AND ARTICLE 10 “DEFINITIONS.
AN ORDINANCE MAKING MINOR AMENDMENTS TO VARIOUS CHAPTERS OF THE CLUDC INCLUDING THE FOLLOWING: CHAPTER 17.38 “SIGNS”; CHAPTER 17.34 “LANDSCAPING STANDARDS”; 17.42.160 “RESIDENTIAL ACCESSORY USES AND STRUCTURES”; AND ARTICLE 10 “DEFINITIONS.
ORDINANCE NO. XXX-2026
WHEREAS, California Constitution Article XI, Section 7, enables the City of Fort Bragg (the “City”) to enact local planning and land use regulations; and WHEREAS, the authority to adopt and enforce zoning regulations is an exercise of the City’s police power to protect the public health, safety, and welfare; and WHEREAS, the City of Fort Bragg (“City”) adopted a General Plan in 2002 which established policies for all lands within Fort Bragg city limits and its sphere of influence; and WHEREAS, the City adopted a Coastal General Plan (“Coastal GP”) as the Land Use Plan portion of the Local Coastal Program on May 12, 2008 which established policies for all land within the Fort Bragg Coastal Zone; and WHEREAS, in August 2008 the California Coastal Commission certified the City’s Local Coastal Program (LCP) which includes the Coastal GP as the Land Use Plan; and WHEREAS, The City Council adopted Resolution 3162-2008 on May 12, 2008 adopting the Coastal General Plan; and WHEREAS, the City adopted a Coastal Land Use and Development Code in 2008 as the implementing portion of the Local Coastal Program on May 12, 2008, which established all land use regulations for the Coastal Zone; and WHEREAS, the Coastal General Plan includes policies to: (1) advance the orderly growth and development of the City’s Coastal Zone; (2) protect coastal resources; (3) incorporate sustainability into the development process so that Fort Bragg’s coastal resources and amenities are preserved for future generations; (4) respond to current environmental and infrastructure constraints; (5) protect the public health, safety and welfare; and (6) promote fiscally responsible development; an WHEREAS, the City Council adopted various Ordinances amending regulations for signs, landscaping standards, residential accessory uses and definitions to the Fort Bragg Inland Land Use And Development Code, and WHEREAS, The City Council seeks to extend these formula business regulations into the City’s Coastal Zone and will submit the attached ordinance as an LCP amendment; and WHEREAS, Section 17.94.040 states that the Planning Commission shall forward a written recommendation, and reasons for the recommendation, to the City Council based on the findings identified in Section 17.94.060; and a resolution was transmitted to the City Council on August 24, 2026 that represents the Planning Commission’s recommendations; and WHEREAS, the City Council has considered all public comments and a staff report dated August 24, 2026 regarding the proposed ordinance; the staff report is incorporated herein by reference and available for review at City Hall during normal business hours; and WHEREAS, the proposed minor modification to the Coastal Land Use and Development Code is set forth in its entirety in Sections 2-5 below; and WHEREAS, the “activities and approvals by a local government necessary for the preparation and adoption of a local coastal program or long-range development plan” pursuant to the California Coastal Act are statutorily exempt from compliance with CEQA, and this statutory exemption “shifts the burden of CEQA compliance from the local agency to the California Coastal Commission (CEQA Guidelines § 15265 (c)).
NOW, THEREFORE, The Fort Bragg City Council, based on the entirety of the record before it, which includes without limitation, CEQA Public Resources Code §21000, et seq. and State CEQA Guidelines, 14 California Code of Regulations §15000, et seq.; the Fort Bragg Coastal General Plan; the Fort Bragg Coastal Land Use and Development Code; State law; all reports and public testimony submitted as part of the City Council meeting of August 24, 2026 and City Council deliberations; and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2), and NOW, THEREFORE, the City Council ordains as follows:
Section 1. Legislative Findings. The City Council hereby finds as follows:
The foregoing recitals are true and correct and are made a part of this Ordinance.
On DATE, 2026, the Planning Commission held a properly noticed public hearing to consider recommending the proposed amendments to the Coastal Land Use and Development Code to the Fort Bragg City Council for adoption, and adopted a resolution in support of the City Council’s adoption of the amendment to the CLUDC.
On DATE, 2026 the City Council held a properly noticed public hearing to consider adoption of the minor amendment to the Coastal Land Use and Development Code.
The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare; and The proposed amendment is internally consistent with other applicable provisions of the Coastal Land Use Development Code, including its Chapters 17.42, 17.71, 17.100, and others; and the LCP Amendment is consistent with the California Coastal Act; The proposed amendment is consistent with CLUDC standards; and Pursuant to Coastal Act Section 30510(a), the City of Fort Bragg will carry out the Local Coastal Program as amended in a manner fully in conformity with the California Coastal Act; and The documents and other material constituting the record for these proceedings are located at the Community Development Department; and The amendments to the Local Coastal Program shall take effect automatically upon Coastal Commission approval and certification pursuant to Public Resources Code Section 30512, 30513, and 30519.
Section 2. Chapter 17.38 “Signs”, of the Coastal Land Use and Development Code of the Fort Bragg Municipal Code is hereby replaced in its entirety with the following as noted below:
Chapter 17.38
Signs
Sections:
17.38.010 Purpose
17.38.020 Applicability
17.38.030 Sign Permit Requirements
17.38.040 Exemptions from Sign Permit Requirements
17.38.050 Prohibited Signs
17.38.060 General Requirements for All Signs
17.38.070 Zoning District Sign Standards
17.38.080 Standards for Specific Sign Types
17.38.090 Nonconforming Signs
17.38.100 Violations, Enforcement, Abatement
17.38.110 Judicial Review
17.38.120 Partial Invalidation
17.38.010 - Purpose
The regulations established by this Chapter are intended to appropriately limit the placement, type, size, and number of signs allowed within the City, and to require the proper maintenance of signs. The purposes of these limitations and requirements are to:
A. Avoid traffic safety hazards to motorists, bicyclists, and pedestrians, caused by visual distractions and obstructions; B. Promote the aesthetic and environmental values of the community by providing for signs that do not impair the attractiveness of the City as a place to live, work, and shop; C. Provide for signs as an effective channel of communication, while ensuring that signs are aesthetically proportioned in relation to adjacent structures and the structures to which they are attached; D. Safeguard and protect the public health, safety, and general welfare; and E. Advance community design standards and safety standards as set forth in the Community Design and Safety Elements of the General Plan.
17.38.020 - Applicability
A. Signs regulated. The requirements of this Chapter shall apply to all signs in all zoning districts.
B. Applicability to sign content. The provisions of this Chapter do not regulate the message content of signs (sign copy), regardless of whether the message content is commercial or noncommercial.
C. Definitions. Definitions of the specialized terms and phrases used in this Chapter may be found in Article 10 (Definitions) under “Sign.”
17.38.030 - Sign Permit Requirements
A. Sign Permit required.
1. Approval required. No sign shall be constructed, installed, or modified, unless a Sign Permit is first obtained in compliance with this Section, or the sign is allowed without a Sign Permit by § 17.38.040 (Exemptions from Sign Permit Requirements).
2. Compliance with standards required. No Sign Permit shall be approved for an existing or proposed sign unless the sign is in compliance with all applicable requirements of this Chapter.
3. Building Permit required. A Building Permit may also be required for sign construction/installation.
4. Temporary signs. Temporary signs shall comply with §§ 17.38.040(C) (Temporary signs) and 17.38.080 (Standards for Specific Sign Types).
B. Review authority.
1. Director. The Director shall review all Sign Permit applications and approve only those that comply with the findings required in Subsection (D) of this Section (Findings for approval). The Director may also refer a Sign Permit application to the Commission for review and decision, either for the individual Sign Permit, or as part of a development project that is otherwise subject to design review. Commission review of a Sign Permit referred by the Director shall require no additional fee.
2. Conditions of approval. The review authority may require conditions of approval that are deemed reasonable and necessary to achieve the purpose, intent, and objectives of this Chapter to the extent such conditions relate to the shape, location, height, size and materials of the sign; and/or the shape, design, placement, color, style, and quantity of text, illumination, reflected light and logos of a sign.
3. Approval criteria. The approval or nonapproval of an application for a Sign Permit shall be guided by the criteria set forth in this Chapter. If the review authority finds that a proposed sign substantially complies with the standards of this Chapter, the review authority shall approve the sign.
4. Appeal. A decision of the Director or Commission in compliance with this Chapter may be appealed in compliance with Chapter 17.92 (Appeals).
C. Sign Permit procedures.
1. Application requirements. An application for a Sign Permit shall be prepared, filed, and processed in compliance with Chapter 17.70 (Permit Application Filing and Processing).
2. Application contents. Each application shall include all fees required by the City’s Fee Schedule, and all of the following:
a. Plans for the sign, drawn to scale, showing the proposed location of the sign in relation to other signs on the site and adjacent properties, structures, and uses; b. A complete color scheme for the sign, and design drawing of the sign; c. Sufficient other details of the proposed sign to show that it complies with the provisions of this Chapter; d. Written permission from the property owner for the placement of the proposed signs on the site; e. Computation of the total sign area, the area of each individual sign, the height of each sign, and the total number of existing and proposed signs on the site; f. An accurate indication on the site plan of the proposed location of each present and future sign of any type, whether requiring a permit or not; g. If a Sign Permit application is filed for a site where signs exist, the application shall include a schedule for bringing into conformance, within 5 years of the application date, all signs not conforming with the requirements of this Chapter as of the date of application; and h. Other information as required by the Department.
D. Findings for approval. The approval of a Sign Permit shall require that the review authority first make all the following findings, as applicable:
1. The proposed signs do not exceed the standards of §§ 17.38.070 (Zoning District Sign Standards) and 17.38.080 (Standards for Specific Sign Types), and are of the minimum size and height necessary to enable pedestrians and motorists to readily identify the facility or site from a sufficient distance to safely and conveniently access the facility or site;
2. That the placement of the sign on the site is appropriate for the height and area of a freestanding or projecting sign;
3. That a flush or projecting sign relates to the architectural design of the structure. Signs that cover windows, or that spill over natural boundaries, and/or cover architectural features shall be discouraged;
4. The proposed signs do not unreasonably block the sight lines of existing signs on adjacent properties;
5. The placement and size of the sign will not impair pedestrian or vehicular safety;
6. The design, height, location, and size of the signs are visually complementary and compatible with the scale and architectural style of the primary structures on the site, any prominent natural features on the site, and structures and prominent natural features on adjacent properties on the same street; and
7. The proposed signs are in substantial conformance with the design criteria in § 17.38.060(E) (Design criteria for signs) and the Citywide Design Guidelines for signs.
E. Expiration and extension of Sign Permit approval.
1. Approval of a Sign Permit shall expire 12 months from the date of approval unless the sign has been installed, or a different expiration date is stipulated at the time of approval. Before the expiration of a Sign Permit, the applicant may apply to the Department for an extension of an additional 12 months from the original date of expiration.
2. The expiration date of the Sign Permit shall be automatically extended to concur with the expiration date of the companion Building Permit or other applicable permits for the project.
17.38.040 - Exemptions from Sign Permit Requirements
The following signs are allowed without Sign Permit approval; provided, that they comply with § 17.38.060 (General Requirements for All Signs), and any required Building Permit is obtained:
A. Nonstructural modifications and maintenance.
1. Modifications to sign copy on conforming signs, or changes to the face or copy of conforming changeable copy signs;
2. The normal maintenance of conforming signs, except as identified in § 17.38.060(H) (Maintenance of signs).
B. Identification signs. Street identification and house identification signs required to assist emergency responders in finding specific properties and not exceeding 2 square feet.
C. Temporary signs. The following temporary signs are allowed without a Sign Permit:
1. Temporary Signs (such as political, real estate, garage sale, event signage and banners) posted on private property. for the sale, lease or rental of the property. a. Commercial, industrial, and other nonresidential zoning districts. Signs posted on private property for the sale, lease or rental of the property within commercial, industrial, and other nonresidential zoning districts shall be no more than 16 square feet, with a maximum height for freestanding signs of 6 feet. b. Residential zoning districts. Signs posted on private property for the sale, lease or rental of the property in residential zoning districts shall not be illuminated, shall not exceed 1 sign per property, and shall be no more than 4 square feet in area, including riders.
While the speech (language and imagery) of temporary signs is not regulated, swear words and explicit imagery is strongly discouraged.
Off-site directional signs not more than 4 square feet in area, including riders, may be located on private property for the sale, lease or rental of a property; provided, that they do not obstruct or impede pedestrian or vehicular traffic, and are not secured to prevent removal.
No such temporary signs shall be are permitted within a public right-of-way.
Signs on property undergoing construction or remodeling may be allowed in all zoning districts in compliance with the following standards:
a. The number, type, placement, and size of signs shall comply with the sign requirements of § 17.38.070 (Zoning District Sign Standards) for the applicable zoning district.
5. All temporary signs, issued without a sign permit, shall be removed upon the completion of the event/activity for which they were installed. prior to final building inspection or the issuance of a certificate of occupancy.
4. Signs are allowed 90 days prior to an election and 5 days after an election so long as the sign is in compliance with the following requirements:
a. In commercial and industrial zoning districts, each temporary sign and the total temporary signage on a parcel shall not exceed 32 square feet in area. b. In residential districts, no temporary sign shall exceed 4 square feet in area. c. No temporary sign shall be located in a public right-of-way.
D. Governmental signs. Signs installed by the City, County, or a Federal or State governmental agency, because of their responsibilities for the protection and promotion of public health, safety, and general welfare, including the following signs:
1. Emergency and warning signs necessary for public safety or civil defense;
2. Traffic signs erected and maintained by an authorized public agency;
3. Legal notices, licenses, permits, and other signs required to be displayed by law;
4. Signs showing the location of public facilities (e.g., public telephones, restrooms, and underground utilities); and
5. Any sign, posting, notice, or similar sign placed by or required by a governmental agency in carrying out its responsibility to promote and protect public health, safety, and general welfare.
E. Miscellaneous signs.
1. Address numbers not exceeding 12 inches in height required to assist emergency responders in finding specific properties.
2. Official flags. Flags of national, State, or local governments, or nationally recognized religious, fraternal, or public service agencies; provided, the length of the flag shall not exceed 1/4 the height of the flag pole, and the flag is not used for commercial advertising.
3. Symbols, pictures, patterns, and illumination approved as architectural ornamentation or decoration by the review authority.
4. Signs erected and maintained by a historical agency or nonprofit and located on a historical building, including names and dates of buildings and date of construction so long as none of these exceed 4 square feet.
5. Service station price signs required by State law.
6. Signs or displays located entirely inside of a building.
7. Small, temporary signs, otherwise in conformance with size, number, and duration requirements of this chapter that address noncommercial issues.
8. Banners and flags of 12 square feet or less, without commercial messages that do not interfere with pedestrian access or vehicular traffic within the public right-of-way (sidewalk and or street).
9. Signs advertising nonprofit events that are less than 100 square feet and located on private property with the permission of the property owner. Nonprofit event signs shall not be displayed for a period of more than 30 days and shall be removed immediately after the event occurs. The advertised nonprofit events must be located within the City of Fort Bragg.
17.38.050 - Prohibited Signs
All signs not expressly allowed by this Chapter shall be prohibited. Examples of prohibited signs include the following:
A. Abandoned signs;
B. Animated signs, including electronic message display signs, and variable intensity, blinking, or flashing signs, or signs that emit a varying intensity of light or color; C. Balloons and other inflatable devices;
D. Billboards;
E. Flags which include commercial messages logos or images, are distracting to drivers, and/or are larger than 30 square feet, except as specifically allowed by § 17.38.040(E)(2) (Official flags); F. Moving signs, except signs that are stationary but contain moving parts; G. Obscene signs;
H. Off-premises signs, except as allowed by § 17.38.040(C)(2) (Off-site directional signs); I. Pennants and streamers, except in conjunction with an athletic event, carnival, circus, or fair, or as allowed in § 17.38.040(C) (Temporary signs); J. Pole signs and other freestanding signs over 14 feet in height; K. Roof signs;
L. Because of the City’s compelling interest in ensuring traffic safety, signs that simulate in color, size, or design any traffic control sign or signal, or that make use of words, symbols, or characters in a manner that interferes with, misleads, or confuses pedestrian or vehicular traffic; and signs that due to color or motion act as a distraction and safety hazard to drivers; M. Signs in the form or shape of a directional arrow, or otherwise displaying a directional arrow, except as may be approved by the review authority for safety, convenience and control of vehicular and pedestrian traffic within the premises of the subject use; N. Signs attached to or suspended from a boat, float, vehicle, or other movable objects parked within a public right-of-way, or in a location on private property that is visible from a public right-of-way, except a sign painted directly upon, magnetically affixed to, or permanently affixed to the body or other integral part of the vehicle; O. Signs burned, cut, or otherwise marked on or otherwise affixed to a hillside or tree; P. Signs with reflective material;
Q. Signs in residential zoning districts, except as specifically allowed in this Chapter; R. Temporary and portable signs, except as specifically allowed by § 17.38.040(C) (Temporary signs); S. Signs in the public right-of-way except for the following:
1. Public signs erected by or on behalf of a governmental agency to convey public information, identify public property, post legal notices, or direct or regulate pedestrian or vehicular traffic;
2. Bus stop signs installed by a public transit company;
3. Informational signs of a public utility regarding its lines, pipes, poles, or other facilities. Emergency warning signs erected by a governmental agency, a public utility company, or a contractor doing authorized work within the public right-of-way; or
4. Temporary signs held by individuals that display noncommercial messages of less than 10 square feet; and T. Any sign installed or placed within the public right-of-way other than in compliance with this Section shall be forfeited to the public and be subject to confiscation. In addition to other remedies identified in Chapter 17.98 (Enforcement and Penalties), the City shall have the right to recover from the owner, or person placing the sign, the full costs for sign removal and disposal.
17.38.060 - General Requirements for All Signs
The following rules shall govern the computation of sign area:
A. Sign area measurement. Sign area measurement to determine compliance with the sign area limitations of this Chapter shall occur as follows:
1. Surface area. The surface area of a sign shall be calculated by enclosing the extreme limits of all framing, emblem, logo, representation, writing, or other display within a single continuous perimeter composed of squares or rectangles with no more than 8 perimeter lines. See Figure 3-10.
Figure 3-10 - Sign Area Measurement
2. Sign structure. Supporting bracing or framework that is clearly incidental to the display itself shall not be computed as sign area.
3. Multi-faced signs. The sign area for a sign with more than 1 face shall be computed by adding together the area of all sign faces.
4. Three-dimensional objects. The area of a sign consisting of 1 or more 3-dimensional objects (e.g., balls, cubes, clusters of objects, sculpture, or statue-like trademarks), shall be measured as their maximum projection upon a vertical plane. See Figure 3-11.
5. Time and/or temperature device. The area of any time and/or temperature device incorporated into a sign shall not be included in the calculation of total sign area.
Figure 3-11 - Sign Area Measurement for 3D Signs
B. Sign height measurement. The height of a sign shall be computed as the vertical distance from the lowest point of the base of the sign at normal grade, to the top of the highest attached component of the sign. See Figure 3-12. Normal grade shall be construed to be the lower of either the:
1. Existing grade before construction; or
2. Newly established grade after construction, exclusive of any berming, filling, mounding, or excavating solely for the purpose of locating the sign.
Figure 3-12 - Sign Height Measurement
C. Sign height limitations.
1. Maximum height for freestanding signs. A freestanding sign shall not exceed a height of 6 feet above normal grade in the residential and PF zoning districts. Freestanding signs shall be limited to 14 feet above normal grade in all other districts.
2. Maximum height for signs on structures. The top of a sign mounted on a structure shall not extend higher than the lesser of:
a. The window sills of the second floor;
b. The top of the wall to which the sign is attached, in the case of a 1-story structure; or c. Twenty feet above normal grade.
D. Sign location requirements. Each sign shall be located in compliance with the following requirements, and all other applicable provisions of this Chapter:
1. Each sign shall be located on the same site as the subject of the sign, except as otherwise allowed by this Chapter.
2. No sign shall project over public property, or the public right-of-way, except where the City has granted an Encroachment Permit in addition to a Sign Permit.
3. No sign shall be placed so as to interfere with the operation of a door, window, or fire escape.
E. Design criteria for signs. The following design criteria shall be used in reviewing the design of individual signs. Substantial conformance with each of the following design criteria shall be required before a Sign Permit or Building Permit can be approved.
1. Color. Colors on signs and structural members should be harmonious with one another and relate to the dominant colors of the other structures on the site. Contrasting colors may be utilized if the overall effect of the sign is still compatible with the structure colors and prevailing colors in the surrounding neighborhood (where a theme can be identified).
2. Design and construction.
a. Proposed permanent signs should be designed by professionals (e.g., architects, building designers, landscape architects, interior designers, or those whose principal business is the design, manufacture, or sale of signs), or others who are capable of producing professional results. b. All permanent signs should be constructed by persons whose principal business is building construction or a related trade including sign manufacturing and installation businesses, or others capable of producing professional results. The intent is to ensure public safety, achieve signs of careful construction, neat and readable copy, and durability so as to reduce maintenance costs and to prevent dilapidation.
3. Materials and structure.
a. Sign materials (including framing and supports) shall be representative of the type and scale of materials used on the primary on-site structure and on other on-site signs. b. Materials for permanent signs shall be durable and capable of withstanding weathering over the life of the sign with reasonable maintenance. c. The size of the structural members (e.g., columns, crossbeams, and braces) should be proportional to the sign panel they are supporting. In general, fewer larger supporting members are preferable to many smaller supports. d. The use of individual letters incorporated into the building design is encouraged, rather than signs with background and framing other than the structure’s wall(s).
4. Street address. The review authority may require that a sign include the street address of the site, where it determines that public safety and emergency vehicle response would be more effectively served than if the street address were displayed solely on 1 or more structures on the site.
F. Copy design guidelines. The City does not regulate the message content (copy) of signs; however, the following are principles of copy design and layout that can enhance the readability and attractiveness of signs. Copy design and layout consistent with these principles is encouraged, but not required.
1. Sign copy should relate only to the name and/or nature of the business or commercial center.
2. Permanent signs that advertise continuous sales, special prices, or include phone numbers, etc., should be avoided.
3. Information should be conveyed briefly or by logo, symbol, or other graphic manner. The intent should be to increase the readability of the sign and thereby enhance the identity of the business.
4. The area of letters or symbols should not exceed 40% of the background area in commercial districts or 60% in residential districts.
5. Freestanding signs should contain the street address of the parcel or the range of addresses for a multi-tenant center.
G. Sign lighting. Sign lighting shall be designed to minimize light and glare on surrounding rights-of-way and properties.
1. External light sources shall be directed and shielded so that they do not produce glare on any object other than the sign, and/or off the site of the sign.
2. The light illuminating a sign shall not be of an intensity or brightness that will interfere with the reasonable enjoyment of residential properties.
3. Sign illumination shall not blink, flash, flutter, or change light intensity, brightness, or color.
4. Colored lights shall not be used at a location or in a manner so as to be confused or construed as traffic control devices.
5. Neither the direct nor reflected light from primary light sources shall create hazards for pedestrians or operators of motor vehicles.
6. Reflective-type bulbs and incandescent lamps that exceed 15 watts shall not be used so as to expose the face of the bulb or lamp to a public right-of-way or adjacent property.
7. Light sources shall utilize hard-wired fluorescent or compact fluorescent lamps, or other lighting technology that is of equal or greater energy efficiency.
8. Permanently installed illuminated panels, visible tubing, and strings of lights outlining all or a portion of a structure, other than lighting that is primarily for indirectly illuminating architectural features, signs, or landscaping, shall be deemed “signs” subject to this Chapter and shall be counted as part of the allowed sign area. Each line of tubing or lights shall be deemed to have a minimum width of at least 6 inches for the purpose of area calculation.
H. Maintenance of signs.
1. Each sign and supporting hardware, including temporary signs, shall be maintained in good repair and functioning properly at all times.
2. Any repair to a sign shall be of equal or better in quality of materials and design as the original sign.
3. A sign that is not properly maintained and is dilapidated shall be deemed a public nuisance, and may be abated in compliance with the Municipal Code.
4. When an existing sign is removed or replaced, all brackets, poles, and other supports that are no longer required shall be removed.
5. Unpainted areas shall be painted to match the adjacent portion of the structure or the sign support structure.
17.38.070 - Zoning District Sign Standards
Each sign shall comply with the sign type, area, height, and other restrictions provided by this Section, except as otherwise expressly provided in § 17.38.080 (Standards for Specific Sign Types).
A. Residential and PF zoning districts. Each sign in a residential or PF zoning district shall comply with the following requirements:
TABLE 3-11 - SIGN STANDARDS RESIDENTIAL AND PUBLIC FACILITY ZONING DISTRICTS Allowed
Sign Types
Maximum
Sign Height
Maximum Number of Signs Allowed per Parcel
Maximum Sign Area Allowed per Parcel
Wall or freestanding
Wall signs: below edge of roof;
Freestanding: 6 ft
1 of either allowed sign type per street frontage
12 sf maximum each;
24 sf total for all signs
B. Commercial and industrial zoning districts. Each sign in the commercial and industrial zoning districts established by § 17.14.020 (Zoning Map and Zoning Districts) shall comply with the requirements in Table 3-12, in addition to the provisions of § 17.38.080 (Standards for Specific Sign Types), as applicable.
Figure 3-13 - Examples of sign types
TABLE 3-12 - SIGN STANDARDS FOR COMMERCIAL AND INDUSTRIAL ZONES Allowed
Sign Types
Maximum
Sign Height
Maximum Number of Signs Allowed per Parcel
Maximum Sign Area
Ground-mounted and Ground-floor Signs
Awning (§ 17.38.080(B))
Below roof (1)
Single tenant site or structure:
3 of any combination of allowed sign types per primary structure frontage. 1 of any allowed sign type per secondary frontage.
Site or structure with 2 or more tenants:
2 of any allowed sign per business frontage.
Maximum sign area per parcel. The total sign area on a parcel shall comply with the following requirements.
1. 2 sf for each 3 linear ft of primary building frontage.
2. 0.5 additional sf for each linear foot of secondary building frontage.
3. Each tenant is allowed a total sign area of at least 25 sf regardless of frontage length.
4. The total sign area per tenant shall not exceed 100 sf.
Maximum sign area per building frontage. The total area of all signs on a single structure frontage shall not exceed the total linear feet of that frontage.
Site with 4 or more tenants: is allowed an additional freestanding identification sign of 0.25 sf for each linear ft of total primary structure frontage, up to 100 sf maximum.
Freestanding (§ 17.38.080(C))
14 ft
Projecting,
Wall (§ § 17.38.080(E),
17.38.080(G))
Below roof (1)
Suspended
(§ 17.38.080(G))
Below eave/canopy; at least 8 ft above a walking surface Temporary/ Portable
See §§ 17.38.080(A) and (F)
Window
See § 17.38.080(H)
Second Floor Signs
Awning, Projecting, Wall
Below roof (1)
1 per tenant space.
12 sf for each tenant. 1 directory sign not to exceed 12 sf is also allowed to identify upper floor occupants.
Window
See § 17.38.080(H)
Indoor Signs, and Outdoor Signs Not Visible from a Street Awning, Freestanding, Projecting, Suspended, Wall, Window Below roof (1)
See § 17.38.080, as applicable.
Notes:
(1) At least 1 foot below the top of a parapet, the sill of a second floor window, and/or the lowest point of any cornice or roof overhang.
17.38.080 - Standards for Specific Sign Types
Proposed signs shall comply with the following standards applicable to the specific sign type. Each sign type listed in this Section shall be included in the calculation of the total sign area allowed on a parcel by § 17.38.070 (Zoning District Sign Standards), unless this Section explicitly provides otherwise. Each sign shall also comply with the sign area, height, and other requirements of § 17.38.060, and all other applicable provisions of this Chapter. Any noncommercial message may be substituted for the copy on any commercial sign allowed by this Chapter.
A. A-board and other portable sidewalk signs. Each business may display 1 A-board or other portable sign in compliance with the following standards:
1. Limitation on location. An A-board or other portable sign shall be allowed only on private property.
2. Sign size. Each sign shall not exceed a width of 2 feet 6 inches. Sign height shall be limited to 4 feet. Sign height shall be measured perpendicular from the sidewalk surface to the highest point of the A-board sign.
Figure 3-15 - A-Board Sign
3. Sign placement. A portable sidewalk sign shall be placed only on private property within the boundaries of the applicable business’s street frontage, and shall be positioned so that it will not:
a. Obstruct required ADA sidewalk clearance;
b. Impede any line of sight for motorists at vehicular public right-of-way intersections, as recommended by the Director, Public Works; or c. Interfere with people exiting and entering parked cars.
4. Design and construction standards. The review authority shall approve an A-frame sign only if it first determines that the design and appearance of the sign, including any graphics and/or text, will reflect attractive, professional design, and that the sign will be durable and stable when in place.
5. Stabilization. The sign shall be stabilized to withstand wind gusts or shall be removed during windy conditions.
6. Daily removal. The sign shall be removed at the close of business each day.
7. Maintenance. The sign shall be continuously maintained in good condition with no peeling paint or other deterioration.
B. Awning signs. The following standards apply to awning signs in all zoning districts where allowed by § 17.38.070 (Zoning District Sign Standards):
1. Signs on awnings are limited to ground level or second story occupancies only.
2. Awnings shall not be internally illuminated. Direct exterior lighting may be allowed. Translucent awning materials are prohibited.
C. Freestanding signs. The following standards apply to freestanding signs in all zoning districts where allowed by § 17.38.070 (Zoning District Sign Standards):
Figure 3-16 - Awning Sign
1. Multiple signs shall be separated by a minimum of 75 feet to ensure adequate visibility for all signs. The review authority may waive this requirement where the locations of existing signs on adjacent properties would make the 75-foot separation impractical.
2. A sign shall not project over public property, vehicular easements, or rights-of-way, and shall not obstruct a traffic safety sight area, as determined by the review authority.
3. To assist emergency response personnel in locating the site, freestanding signs should contain an illuminated street address plate. Numbers should be a minimum of 6 inches in height. Street address numbers not exceeding 6 inches in height shall not be included in calculations of allowed sign area.
Figure 3-17 - Freestanding Sign
D. Murals. A mural placed on the wall of a structure may be allowed in any commercial or industrial zoning district subject to Administrative Design Review, and as follows:
1. A mural without text visible from a public right-of-way may be approved in addition to (not counted as part of) the sign area allowed by § 17.38.070 (Zoning District Sign Standards); a mural with text shall comply with the sign area limitations applicable to the site.
2. Murals that illustrate the local setting, natural environment, and history as sources of inspiration are encouraged.
3. The approval of a mural shall require that the review authority first find that the size, colors, and placement of the mural are visually compatible with the structure architecture, and that the mural will serve to enhance the aesthetics of the City.
E. Projecting signs. The following standards apply to projecting signs in all zoning districts where allowed by § 17.38.070 (Zoning District Sign Standards):
1. The maximum projection of a sign from a structure wall shall not exceed 8 feet or more than 2/3 of the width of the public sidewalk below. Any projection over a public right-of way shall require an Encroachment Permit.
Figure 3-18 - Projecting Sign
2. The top of a projecting sign shall not exceed the lesser of 14 feet, eave height, parapet height, or sill height of a second floor window. No portion of the sign shall project above the eave line of a sloped roof or the top of the parapet on a flat roof.
3. A projecting sign shall maintain a minimum clearance of 8 feet from the bottom of the sign to the finished grade below.
4. Icon signs using shapes or symbols uniquely suited to the business, creative shapes, and 3-dimensional signs are encouraged. See Figure 3-19.
5. Each sign shall be graphically designed for pedestrians, with a maximum area of 9 square feet on each sign face, regardless of the length of the building frontage. Within the CBD zoning district, no sign face shall exceed a maximum area of 12.5 square feet.
6. Sign supports shall be well designed and compatible with the design of the sign.
Figure 3-19 - Use of Icons/Symbols
F. Temporary signs and banners. Temporary signs other than A-boards are allowed subject to the following requirements. A-board signs are instead subject to the requirements of Subsection (A) of this Section.
1. Temporary signs on private property, except as identified in § 17.38.040(C), shall comply with the following requirements:
a. Time limits. The use of a temporary sign may be allowed only for a licensed business for a period not to exceed 30 days per year. A Temporary Sign Permit may be issued for up to 30 days. A business is only allowed 3 Temporary Sign Permits per year. This is in addition to the 30 days allowed for a business grand opening temporary sign. Signs advertising a particular event shall be removed within 10 days after the event. b. The application for a Temporary Sign Permit shall include the dates proposed by the applicant for scheduled banner use. c. Temporary signs may be authorized by the Director, upon submittal of a sign application, plan for removal, and the fees required by the City’s Fee Schedule. d. Maximum sign area. In a residential zoning district, the combined area of temporary signs shall not exceed 3 square feet. In a commercial or industrial zoning district, the combined area of temporary signs shall not exceed that permitted for permanent signage in the district in which the sign will be placed. e. Maximum number of signs. No more than 1 temporary sign shall be erected on a premises at a time. f. Sign placement. Temporary signs shall be subject to the same placement and height restrictions as permanent signs for the applicable zoning district, except for inflated and tethered signs. g. Inflatable or tethered signs. Inflatable or tethered signs are permitted for special events and may be installed for a period not to exceed 5 consecutive days, no more than 2 times per year. These signs may exceed the maximum sign area and sign height standards for the applicable zoning district.
Figure 3-20 - Wall Sign
G. Wall signs. The following standards apply to wall signs in all zoning districts where allowed by § 17.38.070 (Zoning District Sign Standards).
1. A wall sign may be located on any primary or secondary structure frontage.
2. The area of the largest wall sign shall not exceed 7% of the area of the building facade on which the sign is mounted or painted, including the area of windows, doors, and recesses.
3. A wall sign shall not project more than 12 inches from the surface to which it is attached.
H. Window signs. The following standards apply to temporary and permanent window signs where allowed by § 17.38.070 (Zoning District Sign Standards).
1. Maximum sign area. Permanent and temporary window signs shall not occupy more than 20% of the total window area.
2. Sign location. Signs shall be allowed only on windows located on the ground level and second story of a structure frontage.
Figure 3-21 - Window Sign
3. Sign materials. Neon and LCD signs with blinking lights, changing letters, or lighted moving graphics are discouraged.
17.38.090 - Nonconforming Signs
A nonconforming sign is any permanent or temporary sign that was legally established and maintained in compliance with the provisions of all applicable laws in effect at the time of original installation but that does not now comply with the provisions of this Development Code.
A. General requirements. A nonconforming sign shall not be:
1. Changed to another nonconforming sign;
2. Structurally altered to extend its useful life;
3. Enlarged;
4. Re-established after a business is discontinued for 30 days; or
5. Re-established after damage or destruction to 50% or more of the value of the sign, or its components, as determined by the Building Official.
Any interruption in the use of a nonconforming sign that continues for 60 days or more shall be deemed to be an abandonment of the sign. Subsequent use shall comply with the regulations of this Chapter. Nonoccupation or nonoperation of the building or business advertised shall be deemed an interruption of the use of the sign.
B. Exceptions. An administrative exception to the requirements of Subsection (A) of this Section may be granted by the Commission; provided, that the Commission shall make the following findings:
1. The new proposed sign is significantly more conforming in height and/or area than the existing sign; and
2. By approving the new sign, the exception will eliminate the existing nonconforming sign.
C. Maintenance and changes. Sign copy and face changes, nonstructural modifications, and nonstructural maintenance (e.g., painting, rust removal) are allowed without a Sign Permit up to a maximum of 25% of the existing total area of the sign. Face changes not including copy, and any nonstructural modifications exceeding 25% of the existing total area of the sign, and any structural changes shall comply with all applicable standards of this Chapter.
17.38.100 - Violations, Enforcement, Abatement
A. Signs on vacated buildings. Signs on premises that have been vacated for 60 days or more and signs on multi-tenant buildings advertising a business that has been vacated for 60 days or more shall be immediately removed by the owner after the expiration of that period. The Director may issue a Municipal Code violation and/or a notice to remove signs and sign standards after the expiration of the 60-day period in conformance with § 17.98.080.
B. Violation, abatement, penalties. Any sign within the City that fails to comply with the requirements of this Chapter, other applicable State statute or City ordinance, or for which a permit has not been obtained in compliance with this Chapter, shall be subject to abatement through civil legal proceedings or as an infraction punishable by a fine as set forth in Chapter 17.98 (Enforcement and Penalties).
17.38.110 - Judicial Review
Any permit issued or denied in compliance with this Chapter shall be subject to expedited judicial review to the extent provided by the time limits identified in Code of Civil Procedure Section 1094.6 et seq.
17.38.120 - Partial Invalidation
This Chapter and its various parts are hereby declared to be severable. Should any section of this Chapter be declared by a court to be unconstitutional or invalid, that decision shall not affect the validity of the Chapter as a whole, or any portion of the Chapter, other than the section declared to be unconstitutional or invalid.
Section 3. Section 17.34 “Landscaping Standards”, of the Coastal Land Use and Development Code of the Fort Bragg Municipal Code is hereby replaced in its entirety with the following as noted below:
Chapter 17.34
Landscaping Standards
Sections:
17.34.010 Purpose
17.34.020 Applicability
17.34.030 Definitions
17.34.040 Landscape and Irrigation Plans
17.34.050 Landscape Location Requirements
17.34.060 Landscape Standards
17.34.070 Maintenance of Landscape Areas
17.34.010 - Purpose
This Chapter establishes requirements for landscaping to enhance the appearance of development projects, reduce heat and glare, control soil erosion, conserve water, screen potentially incompatible land uses, preserve the integrity of neighborhoods, improve air quality, and improve pedestrian and vehicular traffic and safety. (Ord. 930, § 2, passed 06-12-2017)
17.34.020 - Applicability
The provisions of this Chapter apply to all land uses as follows:
A. Existing development. The approval of a Minor Use Permit, Use Permit, Coastal Development Permit, Minor Variance, Variance, or application for Design Review for physical alterations and/or a change in use within an existing development may include conditions of approval requiring compliance with specific landscaping and irrigation requirements of this Chapter.
B. Timing of installation. Required landscape and irrigation improvements shall be installed before final building inspection. The installation of landscaping for a residential project may be deferred for a maximum of 90 days in compliance with § 17.76.060 (Performance Guarantees).
C. Alternatives to requirements. The review authority may modify the standards of this Chapter to accommodate alternatives to required landscape materials or methods, where the review authority first determines that the proposed alternative will be equally or more effective in achieving the purposes of this Chapter. The review authority may also modify the requirements of this Chapter to accommodate an affordable housing project in compliance with Chapters 17.31 (Density Bonuses and Affordable Housing Incentives), and 17.32 (Inclusionary Housing Requirements).
17.34.030 - Definitions
Definitions of certain technical terms and phrases used in this Chapter are under “Landscaping Standards” in Article 10 (Definitions) of this Development Code.
17.34.040 - Landscape and Irrigation Plans
A. Preliminary landscape plan. A preliminary landscape plan shall be submitted as part of each application for new development, or the significant expansion (e.g., 25% or more of floor area), or redevelopment of an existing use, as determined by the Director.
B. Final landscape plan. After planning permit approval, a final landscape plan shall be submitted as part of the application for a Building Permit. A final landscape plan shall be approved by the review authority before the start of grading or other construction, and before the issuance of a Building Permit.
C. Content and preparation.
1. Required information. Preliminary landscape plans and final landscape plans shall contain the information required for landscape plans by the Department. However, at a minimum, the plans shall include the following information:
a. Preliminary landscape plans. Location of proposed materials, including the identification of groundcovers, shrubs, and trees. b. Final landscape plans. Detailed drawings and specifications clearly identifying the name, size, and precise location of all materials.
2. Preparation by qualified professional. Each landscape plan for 5 or more dwelling units or a nonresidential project submitted in compliance with this Chapter shall be prepared by a California licensed landscape architect, licensed landscape contractor, certified nurseryman, or other professional determined by the Director to be qualified.
D. Review and approval. After initial application, the Director shall review each preliminary landscape plan and final landscape plan to verify its compliance with the provisions of this Chapter. The Director may approve the submittal in compliance with this Chapter, or may disapprove or require changes to a submittal if it is not in compliance.
E. Statement of surety. When required by the Director, security in the form of cash, performance bond, letter of credit, or instrument of credit, in an amount equal to 150% of the total value of all plant materials, irrigation, installation, and maintenance shall be posted with the City for a 2-year period. The Director may require statements of surety for phased development projects, a legitimate delay in landscape installation due to seasonal requirements (including adverse weather conditions) and similar circumstances where it may not be advisable or desirable to install all approved landscaping before occupancy of the site.
F. Changes to approved landscape plans. The Director may authorize minor changes from the requirements of this Chapter and the approved landscaping plan.
1. For purposes of this Section, “minor changes” shall be defined as changes to the final landscape plans that do not affect the landscaping theme/character established for the subject development project.
2. If the Director determines that a requested change does not comply with the definition of “minor” in Subsection (F)(1) of this Section, the requested change may only be approved by the review authority that originally approved the plans.
G. Projects with 2,500 square feet or more of landscaped area. All projects with 2,500 square feet or more of landscaped area must comply with the State of California Model Water Efficient Landscaping Ordinance (Government Code Sections 65595 and 65596). The model ordinance is available from the Community Development Department or can be found online.
17.34.050 - Landscape Location Requirements
Landscaping shall be provided in all areas of a site subject to development with structures, grading, or the removal of natural vegetation, as follows:
A. Setbacks. The setback and open space areas required by this Development Code and easements for utilities and drainage courses shall be landscaped, except where:
1. Occupied by approved structures or paving;
2. They are retained in their natural state, and the review authority determines that landscaping is not necessary to achieve the purposes of this Chapter.
B. Unused areas. Any area of a project site not intended for a specific use, including a commercial pad site intended for future development, shall be landscaped unless retained in its natural state, and the review authority determines that landscaping is not necessary to achieve the purposes of this Chapter.
C. Parking areas. All parking areas shall be landscaped as follows:
1. Landscape materials. Landscaping shall be provided throughout the parking lot as a combination of groundcover, shrubs, and trees.
2. Curbing. Areas containing plant materials may be bordered by a curb when constructed as part of a parking lot. However, alternative barrier designs, to protect landscaped areas from damage by vehicles and to allow infiltration of parking lot stormwater runoff into landscaped areas, are preferred.
3. Runoff detention, retention, or infiltration. The design of landscaped areas for parking lots shall consider, and may, where appropriate, be required to include provisions for the on-site detention, retention, and/or infiltration of stormwater runoff, which reduces and slows runoff, and provides pollutant cleansing and groundwater recharge. Where landscaped areas are designed for detention, retention, and/or infiltration of stormwater runoff from the parking lot, the following provisions shall apply:
a. Recess landscaped areas. Landscaped areas shall be recessed below the surface of the pavement, to allow stormwater runoff from the parking lot to flow into the landscaped area and infiltrate into the ground. b. Provide curb cuts. Curb cuts shall be placed in curbs bordering landscaped areas, or else curbs shall not be installed, to allow stormwater runoff to flow from the parking lot into landscaped areas.
4. Perimeter parking lot landscaping. All surface parking areas shall be provided a fence, or landscape buffer between the parking area, and streets and adjoining properties, and the open areas between the property line and the public street right-of-way shall be landscaped. a. Adjacent to streets and only where allowed by § 17.36.090 or preexisting conditions. i) A parking area for a nonresidential use adjoining a public street where allowed by § 17.36.090(A) (Parking Design and Development Standards - Location of parking) shall be designed to provide a landscaped planting strip between the street right-of-way and parking area equal in depth to the setback required by the applicable zoning district or 5 feet, whichever is more. ii) A parking area for a residential use, except for a single-family dwelling or duplex, shall be designed to provide a landscaped planting strip between the street right-of-way and parking area equal in depth to the setback required by the applicable zoning district. iii) The landscaping shall be designed and maintained to screen cars from view from the street to a minimum height of 36 inches, but shall not exceed any applicable height limit for landscaping within a setback. iv) Screening materials may include a combination of plant materials, earth berms, solid decorative masonry walls, raised planters, or other screening devices which meet the intent of this requirement. v) Shade trees shall be provided at a minimum rate of 1 for every 25 linear feet of landscaped area, or other spacing as determined by the review authority to be appropriate to the site and surrounding development. vi) Plant materials, signs, or structures within a traffic safety sight area of a driveway shall comply with § 17.30.060(E) (Height limit at street corners). b. Adjacent to side or rear property lines. Parking areas for nonresidential uses shall provide a perimeter landscape strip at least 5 feet wide (inside dimension) where the parking area adjoins a side or rear property line. The Director of Public Works may waive this landscaping requirement for parking spaces accessed directly from an alley. Trees shall be provided at the rate of 1 for each 25 linear feet of landscaped area, or other spacing as determined by the review authority to be appropriate to the site and surrounding development. c. Adjacent to structures. When a parking area is located adjacent to a nonresidential structure, a minimum 8-foot-wide (inside dimension) landscape strip shall be provided adjacent to the structure, exclusive of any building entries, or areas immediately adjacent to the wall of the structure that serve as pedestrian accessways. The required width of the landscape strip may be reduced by the review authority where it determines that overall site area is insufficient to accommodate allowable structures and required parking. d. Adjacent to residential use. A parking area for a nonresidential use adjoining a residential use shall provide a landscaped buffer setback with a minimum 10-foot width between the parking area and the common property line bordering the residential use. i) A solid decorative masonry wall or solid fence shall be provided along the property line to address land use compatibility issues (e.g., nuisance noise and light/glare) as determined by the review authority. ii) Trees shall be provided at the rate of 1 for each 25 linear feet of landscaped area, or other spacing as determined by the review authority to be appropriate to the site and surrounding development.
5. Interior parking lot landscaping.
a. Amount of landscaping. Multifamily, commercial, and industrial uses shall provide landscaping within each outdoor parking area at a minimum ratio of 10% of the gross area of the parking lot. The review authority may grant an exception for small, infill parking lots where compliance with this standard is not feasible without significantly reducing the number of parking spaces. Trees not less than 5 feet in height and 15-gallon container in size shall be planted throughout the parcel and along any street frontage as required by the review authority. b. Location of landscaping. Landscaping shall be evenly dispersed throughout the parking area, as follows:
i) Parking lots with more than 50 spaces shall provide a concentration of landscape elements at primary entrances, including, at a minimum, specimen trees, flowering plants, enhanced paving, and project identification. ii) Landscaping shall be located so that pedestrians are not required to cross unpaved landscaped areas to reach building entrances from parked cars. This shall be achieved through proper orientation of the landscaped fingers and islands, and by providing pedestrian access through landscaped areas that would otherwise block direct pedestrian routes. c. Groundwater recharge. See requirements in Subsections (C)(1) through (3) of this Section.
17.34.060 - Landscape Standards
A. Landscape design. The required landscape plan shall be designed to integrate all elements of the project (e.g., buildings, parking lots, and streets) to achieve their aesthetic objectives, desirable microclimates, stormwater runoff infiltration, and minimize water and energy demand.
1. Plant selection and grouping. Plant materials shall be selected for: low water demand and drought tolerance; adaptability and relationship to the Fort Bragg environment, and the geological and topographical conditions of the site; color, form, and pattern; ability to provide shade; and soil retention capability. At least 50% of landscaping plants shall be locally native plants. Invasive plants are prohibited. a. Plants having similar water use shall be grouped together in distinct hydrozones. b. The protection and preservation of native species and natural areas is encouraged, and may be required by conditions of approval as a result of project review in compliance with the California Environmental Quality Act (CEQA). c. Fire prevention shall be addressed on sites in any wooded or vegetated area of the City identified by the Fire Department as being fire prone, by reducing fuel between development areas and naturally vegetated areas, as identified by the Director.
2. Minimum dimensions. Each area of landscaping shall have a minimum interior width of 8 feet within the residential and commercial zoning districts, and 5 feet in the industrial zoning districts. These dimensions may be reduced where the review authority determines they are infeasible because of limited site area. Wherever this Development Code requires a landscaped area of a specified width, the width shall be measured within any curb or wall bordering the landscaping area.
3. Height limits. Landscape materials shall be selected, placed on a site, and maintained to not:
a. Exceed a maximum height of 42 inches within a traffic safety visibility area required by § 17.30.060(E), except for 1 or more trees with the lowest portion of their canopy maintained at a minimum height of 6 feet above grade; or b. Interfere with the proper operation of solar energy equipment or passive solar design on adjacent parcels.
4. Protective curbing. Required landscaping shall be protected with a minimum 6-inch-high concrete curb or other barrier, except where adjacent to bicycle paths, or where the landscaped area is designed to infiltrate stormwater runoff from adjacent impermeable surfaces, or where otherwise deemed unnecessary by the Director.
5. Safety requirements. Landscape materials shall be located so that at maturity they do not:
a. Interfere with safe sight distances for vehicular, bicycle, or pedestrian traffic; b. Conflict with overhead utility lines, overhead lights, or walkway lights; or c. Block pedestrian or bicycle ways.
6. Water features. Decorative water features (e.g., fountains, ponds, waterfalls) shall have re-circulating water systems and shall minimize use of potable water.
B. Plant material. Required landscape shall include trees, shrubs, and groundcovers, as follows:
1. Size at time of planting. Plant materials shall be sized and spaced to achieve immediate effect and shall not be less than a 15-gallon container for trees, 5-gallon container for specimen shrubs and 6-inch pots for mass planting, unless otherwise approved by the review authority on the basis that the alternate size will achieve the desired immediate effect equally well.
2. Trees. Tree planting shall comply with the following standards:
a. Trees shall not be planted under any structure that may interfere with normal growth (for example, an eave, overhang, balcony, light standard or other similar structure). b. Trees in landscape planters less than 10 feet in width or located closer than 5 feet from a permanent structure shall be provided with root barriers/root barrier panels. c. Trees shall be staked.
d. At a minimum, the required landscape shall include the following number of trees:
i) Parking area: refer to § 17.34.050(C) (Parking areas). ii) Street setbacks: 1 per 200 square feet of landscaped area.
3. Groundcover and shrubs. The majority of areas required to be landscaped shall be covered with groundcover, shrubs, turf, or other types of plants that are predominantly drought tolerant. At least 50% of landscaping plants shall be locally native plants. a. A minimum of 2 5-gallon size shrubs shall be provided for every 6 feet of distance along street setbacks, or as approved by the Director. b. Groundcover shall be provided throughout the landscaped area and shall be spaced to achieve full coverage within 1 year. c. Artificial groundcover or shrubs shall not be allowed. d. Crushed rock, redwood chips, pebbles, stone, and similar materials shall be allowed up to 15% of the total required landscape area. Artificial or synthetic groundcovers are not allowed. e. Nonturf areas (e.g., shrub beds) shall be top dressed with a bark chip mulch or approved alternative.
4. Turf. Turf shall be limited to 25% of the total landscaped area on the site where the applicant provides calculations approved by the Director that demonstrate that the irrigation requirements will not exceed standard low water usage, and where the turf is required for active play areas. No turf shall be allowed:
a. In any area of 10 feet or less in width; or
b. On any slope exceeding 10% (25%, where other project water-saving techniques compensate for the increased runoff). A level buffer zone of 18 inches shall be provided between bermed turf areas and any hardscape (e.g., any street, walkway, or similar feature).
5. Soil conditioning and mulching.
a. A minimum 1-foot depth of uncompacted soil shall be available for water absorption and root growth in each planted area. b. A soil test for horticultural suitability shall be required at time of landscape installation in each landscaped area. Soil shall be prepared and/or amended to be suitable for the landscape to be installed. c. A minimum of 2 inches of mulch shall be added in each nonturf area to the soil surface after planting. Any plant type that is intolerant to mulch shall be excluded from this requirement. Nonporous material shall not be placed under the mulch.
C. Irrigation system requirements. All landscaped areas shall be designed with native plantings such that they do not require an automatic irrigation system once the plantings are established (after 2 years). An automatic irrigation system may be approved by the review authority if: (1) the applicant provides a compelling case to the review authority for an automatic irrigation system; and/or (2) provides irrigation water from an on-site well. If an automated irrigation system is installed it shall comply with the following:
1. Water-efficient systems (e.g., drip, mini-spray, bubbler-type, or similar system) shall be used. Low-flow sprinkler heads with matched precipitation rates shall be used when spray or rotor-type heads are specified for watering shrubs and groundcover areas. Turf areas shall be sized and shaped so they can be efficiently irrigated. Spray or run-off onto paved areas shall be avoided.
2. Dual or multi-program controllers with separated valves and circuits shall be used when the project contains more than 1 type of landscape treatment (e.g., lawn, groundcover, shrub, tree areas), or a variety of solar aspects. Soil moisture-sensing devices and rain sensors shall be used on larger projects (50,000 plus square feet of landscaped area) to minimize or eliminate over-watering.
3. Watering shall be scheduled during the early morning, at times of minimal wind conflict and evaporation loss.
4. Sprinkler heads must have matched precipitation rates within each valve zone.
5. Check valves are required where elevation differential may cause low head drainage.
D. Certification of landscape completion. The completion of required landscaping and irrigation improvements shall be certified by the author of the landscape and irrigation plan, through a signed statement submitted to the Director.
E. Environmentally Sensitive Habitat Areas. All development located within or adjacent to environmentally sensitive habitat areas shall be conditioned to:
1. Require all proposed plantings be obtained from local genetic stocks within Mendocino County. If documentation is provided to the review authority that demonstrates that native vegetation from local genetic stock is not available, native vegetation obtained from genetic stock outside the local area, but from within the adjacent region of the floristic province, may be used. If local genetic stocks within the floristic province are unavailable, the Director may authorize use of a commercial native mix, provided it is clear of problematic and/or invasive seed. Director may also authorize use of a seed mix that is selected for rapid senescence to be subsequently complimented or replaced with native stock; and
2. Require an invasive plant monitoring and removal program; and
3. Prohibit the planting of any plant species on the property that is (a) listed as problematic and/or invasive by the California Native Plant Society, the California Invasive Plant Council, and/or by the State of California, or (b) listed as a “noxious weed” by the State of California or the U.S. Federal Government.
17.34.070 - Maintenance of Landscape Areas
A. Maintenance required. All site landscaping shall be maintained in a healthful and thriving condition at all times. Irrigation systems and their components shall be maintained in a fully functional manner consistent with the originally approved design and the provisions of this Chapter. Regular maintenance shall include checking, adjusting, and repairing irrigation equipment; resetting automatic controllers; aerating and dethatching turf areas; adding/replenishing mulch, fertilizer, and soil amendments; pruning; and weeding all landscaped areas.
B. Water waste prohibited. Inefficient landscape irrigation leading to excessive runoff, low head drainage, overspray, and other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways, or structures is prohibited.
C. Enforcement. Failure to maintain landscape areas in compliance with this Section shall be deemed a nuisance, and shall be subject to abatement in compliance with the Municipal Code, and/or the applicable planning permit may be revoked.
Section 4. Section 17.42.160 Residential Accessory Uses and Structures, of the Coastal Land Use and Development Code of the Fort Bragg Municipal Code is hereby amended as noted below:
17.42.160 - Residential Accessory Uses and Structures
This Section provides standards for residential accessory uses and structures, where allowed by Article 2 (Zoning Districts and Allowable Land Uses). These requirements do not apply to residential second units, which are instead regulated by Section 17.42.170 (Second Units). .§ 17.42.170 (Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU)).
A. Limitation on number. Only one residential accessory structure shall be allowed on any parcel in addition to a detached garage, except in the RR and RS zoning districts, and except where a site is two times or more the minimum lot area required for a new parcel in the applicable zoning district.
B. Relationship to primary use. An accessory use and/or structure shall be incidental to the primary residential use of the site, and shall not alter the character of the primary use.
C. Timing of installation. A residential accessory structure shall only be constructed concurrent with or after the construction of the primary structure on the same site, unless:
1. The site is within the RR zoning district, is one acre or larger, and the proposed structure is a garage; or
2. Construction in advance of a primary structure is authorized through Minor Use Permit approval.
D. Attached structures. An accessory structure attached to the primary structure shall comply with all zoning district requirements applicable to the primary structure, including height limits, site coverage, and setbacks; and shall also comply with any applicable requirements of Subsection F of this Section.
E. Detached structures. An accessory structure that is detached from the primary structure shall comply with the following standards, except where Subsection F of this Section. establishes a different requirement for a specific type of accessory structure.
1. Setbacks.
a. Front setback. An accessory structure shall not be located within a required front setback. b. Side and rear setbacks. An accessory structure not exceeding 10 feet in height shall maintain side and rear setbacks of at least five feet. An accessory structure with a height greater than 10 feet shall comply with the setback requirements of the applicable zoning district. c. Separation between structures. An accessory structure shall maintain at least a five-foot separation from other accessory structures and the primary dwelling unit. d. Double-frontage lot. An accessory structure shall not occupy the front half of a parcel, or either front quarter of a double-frontage lot. e. Garage accessible from an alley. Where an accessory garage is accessible to vehicles from an alley, it shall be located not less than 25 feet from the opposite side of the alley.
2. Height limit. The height of an accessory structure other than a detached garage shall not exceed 12 feet, except where a greater height is authorized through Minor Use Permit approval. The height limit of a detached garage including any accessory uses, structures, and additions built into or on the detached garage shall not exceed 16 feet, except where a greater height is authorized through Minor Use Permit approval.
3. Coverage and size limitations. Where permitted, the aggregate coverage of accessory structures in required side and rear setbacks shall not exceed 500 square feet. The maximum site coverage for all structures on a parcel shall comply with the requirements of the applicable zoning district.
F. Standards for specific accessory uses and structures. The following requirements apply to the specific types of accessory structures listed, in addition to the requirements of Subsection A. - E, as applicable.
1. Antennas. Antennas shall comply with the requirements of Chapter 17.44 (Telecommunications Facilities).
2. Garages. A garage for a single-family dwelling shall comply with the following requirements. A garage for a multi-family project shall comply with the requirements of Section 17.42.120 (Multi-Family Projects). This limitation does not apply to double lots. a. Limitation on number. A single parcel shall have only one attached or detached garage, except that this limitation shall not apply in the RR and RS zoning districts, or to a site that is two times or more the minimum lot area required for a new parcel in the applicable zoning district. b. Front setback. Garages shall comply with the garage front setback requirements of the applicable zoning district. c. Side setbacks. When a maintenance easement is granted by the owner of the adjacent parcel to the approval of the Director, a detached or attached garage may be built to the side property line on that side but shall be located at least eight feet from the other side property line. Otherwise, a garage shall be set back a minimum of five feet from side property lines. d. Rear setback. A garage shall be set back a minimum of five feet from the rear property line, except that a garage may be built to the lot line with Minor Use Permit approval. e. Facade width, parking orientation. The facade of any garage facing a street shall not exceed a width of 25 feet.
3. Greenhouses. An accessory greenhouse may occupy up to 400 square feet for each dwelling unit in the RL and RM, zoning districts; and 1,000 square feet or five percent of the parcel area, whichever is smaller, in the RR or RS zoning districts. Accessory greenhouses are not allowed in the RH or RVH zones.
4. Guest houses. Guest houses shall comply with the requirements for second units in Section 17.42.170 (Second Units Accessory Dwelling Units).
5. Patio covers. A patio cover that is attached to or detached from the primary dwelling, and open on at least three sides, may be located within the required rear setback subject to the following:
a. The five-foot separation from the primary dwelling unit required by Subparagraph E.1.c (Separation between structures), above does not apply; b. The structure shall comply with the coverage and size limitations of Subparagraph E.3 (Coverage and size limitations), above; and c. No part of the patio cover shall be closer than 10 feet to a property line.
6. Swimming pools. Non-commercial swimming pools are an allowed accessory use in any zoning district subject to the following requirements:
a. Setbacks. No swimming pool shall be located within a required front or side setback, or within 10 feet of any property line; and b. Fence or wall. No swimming pool shall be located within three feet of a fence or wall.
7. Tennis and other recreational courts. Non-commercial outdoor tennis courts and courts for other sports, including basketball and racquetball, accessory to a residential use shall comply with the following requirements:
a. Setbacks. No court shall be located within a required setback, or within 10 feet of a property line; and b. Fencing. Court fencing shall comply with Section 17.30.050 (Fences, Walls, and Screening); and c. Lighting. Court lighting shall require Minor Use Permit approval, and shall not exceed a maximum height of 20 feet, measured from the court surface. The lighting shall be directed downward, shall only illuminate the court, and shall not illuminate adjacent property, in compliance with Section 17.30.070 (Outdoor Lighting).
8. Workshops, studios, and storage areas. An accessory structure intended as a workshop or studio for artwork, crafts, light hand manufacturing, hobbies and/or storage, is subject to the following standards:
a. Limitation on use. The use of an accessory structure as a studio shall be limited to: non-commercial hobbies or amusements; maintenance of the primary structure or setbacks; artistic endeavors, including painting, photography, or sculpture; or for other similar purposes. Any use of an accessory workshop for any commercial activity shall or comply with Section 17.42.080 (Home Occupations); and b. Floor area. A workshop studio and/or storage area footprint shall not occupy an area larger than 25 35% percent of the building footprint of the primary structure.
Section 5. Article 10 “Definitions” of the Coastal Land Use and Development Code of the Fort Bragg Municipal Code is hereby replaced in its entirety with the following as noted below:
Chapter 17.100 DEFINITIONS
17.100.010 Purpose
17.100.020 Definitions of Specialized Terms and Phrases A. Definitions, “A.”
B. Definitions, “B.”
C. Definitions, “C.”
D. Definitions, “D.”
E. Definitions, “E.”
F. Definitions, “F.”
G. Definitions, “G.”
H. Definitions, “H.”
I. Definitions, “I.”
J. Definitions, “J.”
K. Definitions, “K.”
L. Definitions, “L.”
M. Definitions, “M.”
N. Definitions, “N.”
O. Definitions, “O.”
P. Definitions, “P.”
Q. Definitions, “Q.”
R. Definitions, “R.”
S. Definitions, “S.”
T. Definitions, “T.”
U. Definitions, “U.”
V. Definitions, “V.”
W. Definitions, “W.”
X. Definitions, “X.”
Y. Definitions, “Y.”
Z. Definitions, “Z.”
Chapter 17.100
Definitions
Sections:
17.100.010 Purpose of Chapter
17.100.020 Definitions of Specialized Terms and Phrases
17.100.010 - Purpose
This Chapter provides definitions of terms and phrases used in this Coastal 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 Coastal 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 Coastal 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 Dwelling Unit. See definition in § 17.42.170.
Accessory Retail or Services. The limited retail sale of products or the provision of services within a health care, hotel, office, or industrial complex, to employees and/or customers. Examples of these uses include pharmacies, gift shops, food service establishments, convenience stores, hair salons, etc.
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 that is customarily incidental, related and clearly subordinate to a primary use on the same parcel and which does not alter the primary use, nor serve property other than the parcel where the primary use is located.
Accessory Use - Cannabis. See “Cannabis Accessory Use.” 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 1 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 1 or more of the following conditions exist:
a. The area devoted to adult merchandise and/or sexually oriented material exceeds more than 20% 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 4 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 2 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, co-partnership, 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 3 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 (i) genitals or pubic region; (ii) buttocks; and/or (iii) 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 Subsection (26)(a) or (b) of this definition.
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% of 80% of area median income for lower income households. For very low income households, affordable rents are monthly rents that do not exceed 30% of 50% 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% of 60% 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 1 person in a studio unit, 2 persons in a 1-bedroom unit, 3 persons in a 2-bedroom unit, and 1 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 1/12 of 30% 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 1 person in a studio unit, 2 persons in a 1-bedroom unit, 3 persons in a 2-bedroom unit, and 1 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. (Section 65915 provides a legal framework for awarding density bonuses, which requires a density bonus award of at least 5% and up to 35% - over the maximum density otherwise allowed by the applicable zoning district - depending on the percentage of dwelling units that are affordable to households of very low, low and/or moderate income.)
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 2 structures. In cases where no walls exist, the gross horizontal floor area shall be that area covered by the roof excluding 2 feet on each side of the structure for a standard roof projection.
11. Inclusionary Housing In-Lieu Fee. The fee established in compliance with § 17.32.070 for residential development projects.
12. Inclusionary Housing Trust Fund. The City’s Inclusionary Housing Trust Fund established in compliance with § 17.32.090.
13. Incentive. A relaxation of a section of the zoning regulations in order to accommodate a development project that provides affordable housing in compliance with Chapter 17.31.
14. Low Income Household. A household with income of up to 80% of median income.
15. Market-Rate Unit. A dwelling unit in a residential project that is not an affordable unit.
16. 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.
17. Moderate Income Household. A household with an income of up to 120% 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.
19. 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 1 or more single-family dwellings, and/or multifamily dwellings or mobile home parks.
20. Sweat Equity Housing Development. An affordable housing project for which some or all of the construction labor is provided by purchasers of the housing units or volunteers and for which all purchasers are lower income households, but where the continuing affordability of the units is not guaranteed for the time period required by § 17.32.060(D) (Continued affordability).
21. Very Low Income Household. A household with an income of up to 50% of median income.
Agent. A person authorized in writing by the property owner to represent and act for a property owner in the application of a permit or approval and/or contact with City employees, committees, commissions, and the Council, regarding matters regulated by this Coastal 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, noncommercial 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 § 17.30.050 (Fences, Walls, and Screening). Does not include structures for commercial cannabis cultivation (see “Cannabis”).
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:
•
custom milling of flour, feed and grain
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pre-cooling and packaging of fresh or farm-dried fruits and vegetables •
dairies (but not feedlots, see instead “Livestock Operations, Sales Yards, Feedlots, Stockyards”) •
sorting, grading and packing of fruits and vegetables
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drying of corn, rice, hay, fruits and vegetables
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tree nut hulling and shelling
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grain cleaning and custom grinding
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wineries
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hay baling and cubing
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cannabis processing
Alcoholic Beverage Sales. The retail sale of beer, wine, and/or distilled spirits for on-premises or off-premises 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 § 17.42.040 (Animal Keeping).
Apartment. See “Multifamily 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 special 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 that design and create/manufacture and/or assemble small products, primarily by hand, composed of glass, ceramic, metal, fiber and similar materials into art and craft products. Includes woodworkers and cabinet makers. Also includes fine art activities such as painting, etching, watercolor, printing on a hand press, etc.
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 for financial transactions, including deposits, withdrawals and fund transfers. 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.” ATMs and other vending machines are not considered tenants for the purposes of signage or permitting.
B. Definitions, “B.”
Bank, Financial Services. Financial institutions including:
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banks and trust companies
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other investment companies
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credit agencies
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securities/commodity contract brokers and dealers
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holding (but not primarily operating) companies
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security and commodity exchanges
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lending and thrift institutions
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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.
Bed and Breakfast Inn (B&B). See “Lodging.”
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.
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 nonstormwater, 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 1 acre or larger, and generally contains 1 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 emphasize 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.
Bioretention. Shallow landscape depressions with soils, mulch, and planted vegetation intended to capture, treat, and infiltrate stormwater runoff.
Brewery/Restaurant. A brewery with an accessory restaurant, where the brewery component comprises more than 50% of the floor space.
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 Code. Refers to the most recently adopted (by the City of Fort Bragg) version of the California Building Standards Codes (California Code of Regulations, Title 24), which are published on a triennial basis. The Building Code is adopted as Title 15.
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 § 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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computer-related services (rental, repair)
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outdoor advertising services
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copying and quick printing services
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mailing and mail box services
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courier, messenger, and delivery services, small scale, without fleet vehicle storage (see also “Freight Terminals”) •
protective services (other than office related)
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security systems services
C. Definitions, “C.”
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.
Cabinet Shop. See “Furniture and Fixtures Manufacturing, Cabinet Shops.” California Environmental Quality Act (CEQA). State law (California Public Resources Code Section 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.
Cannabis. The following terms and phrases are defined for the purposes of Chapters 17.20 and Chapter 17.40:
1. Cannabis. As defined in Chapter 9.30.
2. Cannabis Cultivation. The planting, growing, harvesting, and/or drying of cannabis. a. Indoor Cultivation. The cultivation of cannabis within a fully enclosed and secure permanent structure using exclusively artificial light or within any type of structure using artificial light at a rate above 25 watts per square foot. b. Nursery. All activities associated with producing clones, immature plants, seeds, and other agricultural products used specifically for the propagation and cultivation of cannabis. Nursery size is based on actual square footage, not on canopy size. A nursery shall not have mature plants. A nursery selling plants directly to consumers shall have a cultivation and retail license from the State. c. Outdoor Cultivation. The cultivation of cannabis that is not within a fully enclosed and secure structure. Outdoor cultivation is unlawful in the city of Fort Bragg per Chapter 9.32.
3. Cannabis Retail. A cannabis business where cannabis or cannabis products are offered, either individually or in any combination, for retail sale directly to customers. The primary use of a cannabis retail business is to sell products directly to on-site customers. Sales may also be conducted by delivery. Also known as a cannabis “dispensary.” See also “Cannabis accessory uses” and Chapter 9.30.
4. Cannabis Retail - Delivery Only. A cannabis business that is closed to the public and conducts sales exclusively by delivery.
5. Craft Cannabis Manufacturing. Small scale, small batch manufacturing by hand, with or without the aid of small tools that may typically be found in other typical commercial businesses, including washing machines, blenders, cooking equipment, nursery tools, dry sifters, vibrating screens, rosin presses, etc. Craft cannabis manufacturing does not involve volatile chemicals.
6. Cultivation Site. A location where commercial cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or a location where any combination of those activities occurs.
7. Fully Enclosed and Secure Structure. A building or a space within a building that complies with the California Building Code, that has a complete roof enclosure supported by connecting walls extending from the ground to the roof, a foundation, slab or equivalent base to which the floor is secured, is secure against unauthorized entry, and is accessible only through one or more lockable doors. Walls and roofs must be constructed of solid materials that cannot be easily broken through. If indoor grow lights or air filtration systems are used, they must comply with all applicable Building, Electrical, and Fire Codes.
8. Greenhouse. A completely enclosed structure whose structure members are made of pre-formed, rigid construction materials. The walls, roof, and ends are typically covered using a transparent material, often glass, that is fixed in place and which allows solar radiation to penetrate the surface and affect the growing environment of the plants inside.
9. Hoop House. A structure made of flexible construction materials, typically PVC pipe or similar material. The ends may be covered or left open and the material covering the structure is readily removable and is typically removed and re-affixed frequently. Hoop houses are considered outdoor cultivation.
10. Immature Plant or Immature. A cannabis plant that has a first true leaf measuring greater than one-half inch long from base to tip (if started from seed) or a mass of roots measuring greater than one-half inch wide at its widest point (if vegetatively propagated), but which is not flowering.
11. Mature Plant or Mature. A cannabis plant that is flowering.
12. On-Site Distribution. The movement of cannabis products from either nursery cultivation, processing, or manufacturing conducted on-site to a licensed retail cannabis operation at the same site. Cannabis sold wholesale or distributed to off-site retail is classified under wholesale and distribution.
13. Process or Processing. All post-harvest activities associated with the drying, curing, grading, rolling, storing, packaging, and labeling of cannabis or non-manufactured cannabis products.
14. Volatile Solvent. Any solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures. Examples of volatile solvents include, but are not limited to, butane, hexane, and propane.
Cannabis Accessory Use. A use that is customarily incidental related and clearly subordinate to the primary use on the same parcel and which does not alter the primary use, nor serve property other than the parcel where the primary use is located. Cannabis Accessory Uses are defined in Chapter 17.42. More than one accessory use is permissible; however, each accessory use shall not exceed the total square footage of the primary use.
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 nonresidential 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.
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 or Facility. A child day care facility other than a family day care home, including but not limited to infant centers, pre-schools, extended day care facilities, and school age child care centers.
City. The City of Fort Bragg, State of California, referred to in this Coastal 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 Coastal Land Use and Development Code as “City Council” and 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, for example:
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bowling alleys, shooting range, pool and billiard rooms, card rooms, etc. •
gym, swimming pool, climbing wall, indoor ball courts, etc. •
dance halls, clubs and ballrooms
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ice skating and roller skating
This use does not include adult-oriented businesses, which are separately defined.
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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pump tracks, go-cart tracks
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golf driving ranges, miniature golf courses
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 1 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. Also known as a special condition of 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, Special. A condition placed upon a specific project that requires the permit holder or project proponent to undertake a action, typically prior to approval of the Building Permit or the final certificate of occupancy.
Condition, Standard. A condition that is placed upon all projects as part of the permitting or approval process and which must be followed during the implementation of the permit or approval.
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 activities include clearing and grubbing, grading, excavating, and demolition.
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 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 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 includes, but is 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.
Cooperative Housing (Co-Housing). A type of multifamily residential development. It typically consists of smaller units (which may or may not include a kitchen and may or may not be detached) and a larger cooperative kitchen and gathering space for residents.
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
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ornamental crops
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flowers and seeds
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tree nuts
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fruits
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trees and sod
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grains
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vegetables
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melons
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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 noncommercial home gardening, which is allowed as an accessory use in all zoning districts without City approval. Does not include cannabis cultivation or processing which is covered under the definition for Cannabis and regulated under Chapter 9.30, and for which specific land use regulations are provided in Chapter 17.42.
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 of more than 6 adults for periods of less than 24 hours for any client.
Day Care, Child. Facilities that provide nonmedical 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 nonprofit 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 7 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 8 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 only “attached” to the primary structure via a breezeway or covered patio are considered 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 Section 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, conditional certificate of compliance, development agreement, Minor Use Permit, Coastal Development Compliance, Use Permit, Design Review, permit extension of time or modification, Variance, or Administrative 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, Administrative 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. A duplex consists of 2 attached dwelling units typically sharing a wall, but may also be attached vertically. A duplex may be considered a primary dwelling unit with an attached accessory dwelling unit (ADU) if 1 of the units is less than 1,200 square feet.
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 1 kitchen, which constitute an independent housekeeping unit, occupied on a long-term basis.
E. Definitions, “E.”
Easement. A grant of 1 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.
Efficiency Kitchen. An efficiency kitchen shall include the following: (1) cooking appliances; (2) a food preparation counter; and (3) storage cabinets reasonably sized in relation to the unit.
Emergency. A sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services.
Emergency Shelter. Housing with minimal supportive services for homeless persons that is limited to occupancy of 6 months or less by a homeless person. Emergency shelter also includes other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care. Emergency shelter does not include the emergency weather shelter which is set up for a period of less than 14 days and is regulated through the limited term permit process in all zoning districts.
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 § 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 indoor or outdoor sales of food and farm produce items from vehicles or stands, in compliance with California Food and Agriculture Code Section 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, unroofed barrier of wood, metal, masonry, or other material as allowed by this Coastal Land Use and Development Code, that is intended to enclose, separate, define, secure, protect, and/or screen 1 or more areas of a site.
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.
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.
Fire Code. The Fire Code means Chapter 15.08, portions of California Title 24, California Title 19, and applicable fire regulations.
Fish Processing. An establishment that prepares raw fish for wholesale distribution and/or retail sale._ [/var/www/prod/CA/FortBragg/html/images/FBLUC1810.10.2.2.139125.jpg not found] 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.
Formula Business. A commercial establishment which, along with 10 or more other business locations outside of Fort Bragg, regardless of ownership or location at the time that the application is deemed complete, is required by contractual or other arrangement to maintain at least 2 of the following standardized features: an array of merchandise/menu, decor, uniforms, facade, color scheme, exterior signage including a trademark or service mark as signage.
Formula Business Regulations. The following terms and phrases are defined for the purposes of Chapter 17.46 (Formula Business Regulations):
1. Array of Merchandise/Menu. Fifty percent or more of in-stock merchandise from a single distributor bearing uniform markings.
2. Color Scheme. A selection of colors used throughout, such as on the furnishings, permanent fixtures, and wall coverings, or as used on the facade.
3. Commercial Establishment. A commercial establishment that provides goods and/or services directly or indirectly to the consumer.
4. Decor. The style of interior finishings, which may include but is not limited to style of furniture, wall coverings or permanent fixtures.
5. Facade. The face, front or side of a building, including awnings, especially the principal front that looks onto a street or an open space.
6. Formula Business. See definition of “Formula business” in this subsection.
7. Payday or Check Cashing Commercial Establishment. A person or company that makes or facilitates a deferred presentment transaction, such that the person or company provides currency or a payment instrument in exchange for a person’s check or agreement to provide access to a drawer’s account in a financial institution and agrees to hold that person’s check for a period of time prior to presentment, deposit, or redemption or facilitates this process.
8. Service Mark. A word, phrase, symbol or design or a combination of words, phrases, symbols or designs that identifies and distinguishes the source of a service from 1 party from those of others.
9. Signage. See definition of “sign” in § 17.100.020(S).
10. Standardized. Substantially the same, but not necessarily identical.
11. Trademark. A word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods from 1 party from those of others.
12. Uniforms. Standardized items of clothing including but not limited to standardized aprons, pants, shirts, smocks or dresses, hat, and pins (other than name tags) as well as standardized colors of clothing.
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
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lawn furniture
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draperies
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office furniture
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floor coverings
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other household electrical and gas appliances
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furniture
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outdoor furniture
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glass and chinaware
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pool tables
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home appliances
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refrigerators
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home furnishings
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spas, hot tubs, swimming pools
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home sound systems
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stoves
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interior decorating materials and services
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televisions
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large musical instruments
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 3 sides.
2. A carport is an attached or detached accessory structure enclosed on no more than 2 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’s Coastal 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
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health care supplies
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art galleries
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hobby materials
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art supplies
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jewelry
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bicycles
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luggage and leather goods
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books, magazines, and newspapers
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musical instruments, parts and accessories
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clothing, shoes, and accessories
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religious goods
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consignment stores
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small wares
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collectibles (cards, coins, comics, stamps, etc.)
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specialty shops
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department stores
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sporting goods and equipment
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dry goods
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stationery
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fabrics and sewing supplies
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toys and games
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florists and houseplant stores (indoor sales only; outdoor sales are “Building and Landscape Materials Sales”) •
variety stores
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hardware (not including building or landscape materials) Does not include adult-oriented businesses, second hand stores, or cannabis retail 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 from 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.
Groceries, Specialty Foods. A retail business where the majority of the floor area, open to the public, is occupied by food products for preparation and consumption away from the store. Includes retail bakeries, where any on-site baking is only for on-site sales.
Green Building Project. A project that is certifiably green by either the United States Green Building Council (LEED program) and/or Build it Green.
Group Homes. Housing shared by unrelated persons with disabilities that provide peer and other support for their residents’ disability-related needs and in which residents share cooking, dining, and living areas, and may, in some group homes, participate in cooking, housekeeping, and other communal living activities.
Guest House. A detached (or attached) 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, and 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 Section 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 § 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, and having 8 or fewer clients visiting the residence per day.
Hotel or Motel. See “Lodging.”
Household Pets. The keeping/raising of birds, reptiles, fish, cats, dogs, and other common household pets, as determined by the Director, accessory to a residential use.
I. Definitions, “I.”
Illegal Discharge. Any direct or indirect non-stormwater discharge to the storm drain system, except as exempted in § 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 nonstormwater 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. Noncommercial crop production, horticulture, and orchard uses; and private, noncommercial stables and corrals.
Industrial Activity. Activities subject to NPDES industrial permits as defined in 40 CFR, Section 122.26(b)(14).
Intensification of Use. A change in the use of a structure or site, where the new use is required by this Land Use and Development Code to have more off-street parking spaces than the former use; 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.”
Junior Accessory Dwelling Unit. See definition in § 17.42.170.
K. Definitions, “K.”
Kennel, Animal Boarding. A commercial facility for the grooming, keeping, boarding or maintaining of 6 or more dogs (4 months of age or older), or 6 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, medical service labs and forensic labs, and cannabis testing labs. See also “Research and Development (R&D).” Land Use. The purpose for which land or a structure is designed, arranged, intended, occupied, or maintained.
Land Use and Development Code. The City of Fort Bragg Coastal Land Use and Development Code, Title 18 of the Fort Bragg Municipal Code, referred to herein as “this Land Use and Development Code.” 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 plants 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. Nonmechanically 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% of reference evapotranspiration; a tree with a plant factor of 1.2 uses 120% 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.
17. 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 allow irrigation to be applied at a rate close to the infiltration rate of the soil or which capture and recycle runoff.
Large Family Day Care Home. See “Day Care.”
Lateral access. Provides for public access and use along or parallel to the shoreline.
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 multifamily, 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 1 or more occupants of the unit.
Local Coastal Program (LCP). The following documents comprise the City of Fort Bragg Local Coastal Program, in compliance with the Coastal Act: the Coastal General Plan; the Coastal Land Use and Development Code and the Zoning Map; and any other implementing actions undertaken by the City in compliance with the Coastal Act.
Lodging.
1. Bed and Breakfast Inn (B&B). A residential structure with 1 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.
3. Vacation Rental Unit. See “Short Term Rental.”
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 2 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 1 street.
4. Key Lot. An interior lot that fronts on 2 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 2 generally parallel streets. [/var/www/prod/CA/FortBragg/html/images/FBLUC1810.10.2.3.139125.jpg not found] Figure 10-3 - Lot Types
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 Coverage. See “Site Coverage.”
Lot Depth. The average linear distance between the front and the rear lot lines or the intersection of the 2 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.
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. [/var/www/prod/CA/FortBragg/html/images/FBLUC1810.10.2.4.139125.jpg not found] Figure 10-4 - Lot Features
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 Barrier Navigation Center. A Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. A low barrier navigation center may be noncongregate and relocatable. “Low barrier” means utilization of best practices to reduce barriers to entry, and may include, but not be limited to, the following: (1) allowing the presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth; (2) allowing pets; (3) providing space for the storage of possessions; and (4) providing privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
Low Impact Development Design Strategies. Low impact development design strategies include but are not limited to:
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Rainwater storage techniques such as: bioretention rain gardens, landscape island storage, rooftop detention and retention (green/vegetated roofs), under parking lot and street storage, rain barrels and cistern storage, catch basins and seepage pits, under sidewalk storage, etc. •
Site preparation techniques such as: maintain pre-development site drainage patterns, strategic grading, site finger printing, resource conservation, flatter slopes, reforestation, native plantings, pollution prevention, bioengineering wetlands for stormwater infiltration, detention and conveyance. •
Stormwater conveyance techniques such as: flatter wider swales, long flow paths, smaller culverts, pipes and inlets, maximize sheet flow, etc. •
Landscaping techniques such as: tree and shrub depressions, turf depressions, use of native plants, engineered soil, etc. •
Surfacing techniques such as: alternative surfaces (permeable paving, grass pave, etc.), reducing the amount or extent of impervious surface, utilizing surface roughness technology to slow stormwater movement, etc. •
Infiltration techniques such as: vegetative swales, buffers and strips, infiltration swales and trenches, elimination of curb and gutter, pervious surfaces, etc.
Low Impact Development (LID) Design Principles. Low impact development is an approach to developing land and managing stormwater runoff that incorporates environmentally sound technology and sustainable design techniques to address adverse impacts of urbanization and protect aquatic resources, water quality, and the natural pre-development hydrology. To mimic pre-development conditions, the design techniques maintain pre-development time to concentration by infiltrating, filtering, storing, evaporating, treating, and detaining stormwater flows on site, where feasible.
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 ninety-eight thousand dollars ($198,000) (2026 costs) 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 - Cannabis. A process where cannabis is transformed into a product (such as food, medicine, oil, clothing, textile, etc.), and the production, preparation, propagation, or compounding of cannabis or cannabis products, directly or indirectly.
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. Also includes cannabis manufacturing and processing facilities with similar operational characteristics to the examples below. 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, alkalis, 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/Processing - Light - 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.; see “Manufacturing/Processing - Medium Intensity - 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, liquefied 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 Facility”), 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/Processing - Light - 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/Processing - 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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manufacturing of woven fabric, carpets, and rugs from yarn •
dressed and dyed furs
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preparation of fiber and subsequent manufacturing of yarn, threads, braids, twine cordage •
dyeing and finishing fiber, yarn, fabric, and knit apparel •
leather - tanned, curried, and finished
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scouring and combing plants
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manufacture of knit apparel and other finished products from yarn •
upholstery manufacturing
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manufacture of felt goods, lace goods, nonwoven fabrics and miscellaneous textiles •
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. Also includes nonvolatile cannabis manufacturing and processing and processing facilities with similar operational characteristics to the examples below. 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/Processing - 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 •
motors and generators
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optical instruments and lenses
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photographic equipment and supplies
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aviation instruments
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radio and television receiving equipment
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computers, computer components, peripherals
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surgical, medical and dental instruments, equipment, and supplies •
electrical transmission and distribution equipment
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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. •
electronic components and accessories
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semiconductors, integrated circuits, related devices
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electrical welding apparatus
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lighting and wiring equipment such as lamps and fixtures, wiring devices, vehicle lighting •
surveying and drafting instruments
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telephone and telegraph apparatus
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transformers, switch gear and switchboards
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industrial controls
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instruments for measurement, testing, analysis and control, associated sensors and accessories •
watches and clocks
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miscellaneous electrical machinery, equipment and supplies such as batteries, X-ray apparatus and tubes, electromedical and electrotherapeutic apparatus, electrical equipment for internal combustion engines Does not include testing laboratories (soils, materials testing, etc.) (see “Business Support Service”), 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
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fruit and vegetable canning, preserving, related
processing
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breweries
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candy, sugar, confectionery products
manufacturing
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grain mill products and by-products
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meat, poultry, and seafood canning, curing, byproduct
processing
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catering services separate from stores or
restaurants
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soft drink production
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coffee roasting
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miscellaneous food item preparation from raw products
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dairy products manufacturing
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edible cannabis products
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fat and oil product manufacturing
Does not include: bakeries, which are separately defined.
4. Furniture and Fixtures Manufacturing. 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. Does not include wood workers and custom cabinet shops, which are separately regulated under “Artisan/Craft Product Manufacturing.” Does not include sawmills or planing mills, which are instead included under “Manufacturing/Processing - Heavy.”
5. Small-Scale Manufacturing. Includes manufacturing establishments producing small products not classified in another major manufacturing group, including: brooms and brushes; buttons, costume novelties; 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:
•
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 premanufactured paper or paperboard into boxes, envelopes, paper bags, wallpaper, etc., and/or that coats or glazes premanufactured paper. Does not include the manufacturing of pulp, paper, or paperboard (see “Manufacturing/Processing - Heavy - Pulp and Pulp Product Manufacturing”).
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/Processing - Light,” but where impacts on surrounding land uses or the community can typically be mitigated to acceptable levels. Also includes cannabis manufacturing and processing facilities with similar operational characteristics to the examples below. 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:
•
containers, pallets and skids
•
manufactured and modular homes
•
milling operations
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trusses and structural beams
•
wholesaling of basic wood products
•
wood product assembly
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 Product Manufacturing”).
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 (“Artisan/Craft Product 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 “Artisan/Craft Product Manufacturing,” “Home Occupation”).
Map Act. See “Subdivision Map Act.”
Media Production. Facilities for motion picture, television, video, sound, computer, and other communications media production.
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:
•
medical offices with 4 or more licensed practitioners and/or medical specialties •
outpatient 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 4 licensed primary practitioners (for example, chiropractors, medical doctors, psychiatrists, etc., other than nursing staff) within an individual office suite. A facility with 5 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 inpatient 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 - 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.
Medical Services - Laboratory. Nonresearch 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.” 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 Active Recreation Facility”); 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 § 17.20.030 (Allowable Land Uses and Planning Permit Requirements).
Mixed Use Project. A project that combines both commercial and residential uses, where the residential component is typically located above the commercial. Mixed use projects can also be located in separate buildings on the same parcel.
Mobile Home. A trailer, transportable in 1 or more sections, that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, which is over 8 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 Dwelling.” 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 2 or more mobile homes used for residential purposes, or on which 2 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.
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.
Multifamily Housing. A dwelling unit that is part of a structure containing 3 or more other dwelling units. Multifamily dwellings include triplexes, fourplexes (buildings under 1 ownership with 3 or more dwelling units in the same structure); apartments (5 or more units under 1 ownership in a single building); and townhouse developments (3 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.). Please see definition of “Multifamily Structure” in § 17.42.170 regarding ADUs as part of a multifamily structure.
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 the City and used for the purpose of collecting, storing, transporting or disposing of stormwater.
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) Stormwater 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 stormwater 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. An environmental analysis, prepared under CEQA, that analyzes a project and concludes that a proposed action will not have a significant adverse effect on the environment, in compliance with the California Environmental Quality Act (CEQA).
Net Acreage. Total lot area, less environmental, topographic and other constraints that prevent development of the land. Examples include wetlands, steep slopes, or other similar features determined by the Director.
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, that 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.
Nonstormwater Discharge. Any discharge to the storm drain system that is not composed entirely of stormwater.
NPDES. See “National Pollutant Discharge Elimination System.” O. Definitions, “O.”
Occupancy. All or a portion of a structure occupied by 1 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% 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, Urgent Care,” “Medical Service - Laboratory” 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. General. 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. Use also includes administrative, clerical, or public contact and/or service offices of a local, State, or Federal government agency or service facilities. This use does not include “Bank, Financial Services,” which is separately defined.
3. Professional and Administrative. Office-type facilities occupied by businesses that provide professional services and/or engage in the production of intellectual property. Examples of these uses include:
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accounting, auditing and bookkeeping services
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financial management and investment counseling
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advertising agencies
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literary and talent agencies
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art and design services
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management and public relations services
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attorneys
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media postproduction services
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business associations, chambers of commerce
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news services
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photographers and photography studios
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construction contractors (office facilities only)
•
political campaign headquarters
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psychologists
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counseling services
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secretarial, stenographic, word processing, and temporary clerical employee services •
court reporting services
•
detective agencies and similar services
•
design services including architecture, engineering, landscape architecture, urban planning •
security and commodity brokers
•
writers and artists office
•
educational, scientific and research organizations
4. 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.
5. 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.
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 Dining Facility. Outdoor dining may consist of a defined area with tables and chairs for dining with or without a temporary pavilion, tent and/or umbrellas, and adjacent to and on the same parcel and serviced by a restaurant with an indoor dining component. If the outdoor dining structure requires a building permit, it is not considered outdoor dining. Outdoor bars are not outdoor dining facilities.
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/equipment, 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 § 17.42.130.
P. Definitions, “P.”
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.
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.
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 nonmedical services to individuals as a primary use. Examples of these uses include:
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barber and beauty shops
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shoe repair shops
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clothing rental
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spas and hot tubs for hourly rental
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dry cleaning pick-up stores with limited equipment
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tailors
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home electronics and small appliance repair
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tanning salons
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laundromats (self-service laundries)
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tattoo and body piercing services
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locksmiths
•
These uses may also include accessory retail sales of products related to the services provided. •
massage (licensed, therapeutic, nonsexual)
•
pet grooming with no boarding
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
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fortune tellers, psychics
•
pawnshops
Petroleum Product Storage and Distribution. Wholesale establishments engaged in the storage, and sale of gasoline, oil, butane, propane, and liquefied 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, administrative permits, 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.” Does not include cannabis nurseries which are defined separately under Cannabis Cultivation - Nursery.
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 Coastal General Plan.
Pollutant. Anything which causes or contributes to pollution. Pollutants may include: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous 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 materials); 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 Frontage. For parcels that face more than 1 street, the primary frontage is the front of the property that faces the larger/more traveled street. By contrast a secondary frontage is that piece of a parcel that faces the smaller/less traveled street.
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, noncommercial 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.
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.
Projected Runoff. A numerical projection based on the following formula: precipitation multiplied by parcel size multiplied by imperviousness factor. Precipitation shall be presumed in all cases to be 1 inch of rainfall falling within a 24-hour period. Parcel size shall be the total square footage of the lot being developed. An imperviousness factor represents the amount of average stormwater drainage from the average of all parcels zoned for a particular land use. This numerical projection shall be used as a starting point in measuring compliance with the 20% urban runoff reduction required by this Development Code.
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 5 feet, projected in a circle around the tree, with the trunk at the center of the circle.
Public Facility. A site or structure owned and operated by the City of Fort Bragg for the purpose of providing 1 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, low-income family, disabled person or other person eligible to reside in a specific type of 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 1 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 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; c. Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet; and d. A kiosk unit.
2. Large Facility. Large collection facilities which occupy an area of more than 350 square feet and/or include permanent or mobile structures.
3. 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 1986. 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.
4. 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.
5. 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; pawnshops, and other second hand stores; the sale of operative used cars; or landfills or other waste disposal sites.
Reduced Runoff. A numerical projection based on the following formula: projected runoff multiplied by 0.80. This projection represents the maximum amount of stormwater drainage expected to occur at a particular site upon implementation of an approved urban runoff mitigation plan.
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.
Research and Development (R&D). A facility for scientific research, and the design, development and testing of high-tech products or components in advance of or as part of product manufacturing, and the assembly of related products from parts produced on or off site, where the manufacturing activity is secondary to the research and development activities. Includes pharmaceutical, chemical and biotechnology research and development. Does not include soils and other materials testing laboratories (see “Laboratory”).
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.” •
garages
•
studios
•
gazebos
•
swimming pools
•
greenhouses (noncommercial)
•
tennis and other on-site sports courts
•
spas and hot tubs
•
workshops
•
storage sheds
Also includes the indoor storage of automobiles (including their incidental restoration and repair), personal recreational vehicles and other personal property, and accessory to residential use. Does not include: ADU/JADUs, or accessory dwelling units, which are separately defined; guest houses; or home satellite dish and other receiving antennas for earth-based TV and radio broadcasts (see “Telecommunications Facilities”).
Residential Care Facility. A 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 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. Does not include single-family homes that provide 24-hour nonmedical care of unrelated individuals as this use is included in Single-Family Residential (per State law).
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% 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 multifamily 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-premises consumption. These include eating establishments where customers are served from a walk-up ordering counter for either on- or off-premises consumption (“counter service”); and establishments where customers are served food at their tables for on-premises consumption (“table service”), that may also provide food for take-out. Also includes a brewery/restaurant, which serves food and includes the manufacture of beer and other brewed spirits.
Retail Complex. A primarily retail commercial site with 3 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.
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:
boarding school
high school
community college, college, or university
military academy
elementary, middle, and junior high schools
Also includes schools providing specialized education/training. Examples include the following:
art school
establishments providing courses by mail
ballet and other dance school
language school
business, secretarial, and vocational school
martial arts
computers and electronics school
music school
drama school
professional school (law, medicine, etc.)
driver education school
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 sells 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 second hand articles or objects. Does not include consignment shops (“Retail Stores”), used bookstores (“Retail Stores”); second hand 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/Carriage House/Duplex. See definition for “Accessory Dwelling Unit.” Secondary Frontage. For parcels that face more than 1 street, the secondary frontage is the front of the property that faces the smaller/less traveled street. By contrast a primary frontage is that portion of a parcel that faces the larger or more traveled street.
Service Animal. A dog or miniature horse that provides services to a differently abled individual under the auspices of the Americans with Disabilities Act. Excludes companion animals which are separately regulated under Article 4, Animal Keeping.
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 § 17.30.100 (Setback Requirements and Exceptions).
Short Term Rental. A Short-Term Rental is occupancy of a dwelling unit or part thereof for less than one month. A short-Term Rental can be rented out as a vacation rental or for short term workforce housing. A month is a period of consecutive days from the first calendar day of occupancy in any month to the same calendar day in the subsequent month.
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. Murals, painting and other works of art are separately regulated in the signage ordinance. 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 nonrigid 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 2 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.
13. Mural/Painting or Other 2-Dimensional Art. A mural is a piece of decorative artwork, typically located on the exterior of a building.
14. Flashing Sign. A sign that contains an intermittent or sequential flashing light source.
15. 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.
16. 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 and then was damaged to the extent of 50% or more of its current replacement value; d. A sign which is a danger to the public or is unsafe; e. A sign which is a traffic hazard not created by relocation of streets or highways or by acts of the City; or f. A sign that pertains to a specific event, and 5 days have elapsed since the occurrence of the event.
17. 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.
19. 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.
20. Monument Sign. An independent, freestanding structure supported on the ground having a solid base as opposed to being supported by poles or open braces.
21. Multi-Tenant Sign. An identification sign for a commercial site with multiple tenants, displaying the names of each tenant on the site.
22. 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.
23. Off-Site Directional Sign. A sign identifying a publicly owned facility, emergency facility, or a temporary subdivision sign, but excluding real estate signs.
24. Off-Site Sign. A sign identifying a use, facility, service, or product that is not located, sold, or manufactured on the same premises as the sign, or that identifies a use, service, or product by a brand name which, although sold or manufactured on the premises, is not a principal item for sale or manufactured on the premises.
25. 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.
26. 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.
27. Pole/Pylon Sign. An elevated freestanding sign, typically supported by 1 or 2 poles or columns.
28. Portable Sign. A sign that is not permanently affixed to a structure or the ground.
29. Projecting Sign. A sign other than a wall sign suspending from, or supported by, a structure and projecting outward.
30. 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.
31. Roof Sign. A sign constructed upon or over a roof, or placed so as to extend above the edge of the roof.
32. 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.
33. 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.
34. 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.
35. 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 3 feet of the window.
Sign Area. See § 17.38.060(A) (General Requirements for All Signs - Sign area measurement).
Sign Height. See § 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 1 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.
Single-Family Residential Unit. A house that is occupied and designed with 1 overall living area for 1 group of people with 1 kitchen. 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.”
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 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
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skateboard parks
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swimming pools
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tennis and other sport courts (e.g., handball, squash)
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.
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).
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 Section.
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.
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.
Studio - Art, Dance, Martial Arts, Music, Etc. Small-scale facilities, typically accommodating production studios for individual musicians, painters, sculptors, photographers, and other artists and/or a group of students at a time under instruction in art, dance, martial arts, music, etc. Examples of these facilities include: individual and group instruction and training in the arts; production rehearsal; martial arts training studios; gymnastics instruction, and aerobics and gymnastics studios; and dance studios.
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 easements 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 5 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.
Supportive Housing. Housing with no limit on length of stay, that is occupied by the target population, and that is linked to an on-site or off-site service that assists the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community.
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 2 or more wireless, hard wire, or cable communication facilities on a single support structure or otherwise sharing a common location. Colocation 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 of the 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 nonresidential 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: civic theaters, and facilities for “live” theater and concerts and movie theaters. See also “Meeting Facility, Public or Private.” 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 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 Lot Split. A lot split authorized through California Government Code § 66411.7 and regulated by § 17.84.045.
Urban Runoff. Any surface water flow produced by nonstormwater resulting from residential, commercial, and industrial activities involving the use of potable and nonpotable water.
Urban Runoff Mitigation Plan. A plan which shall be required to be approved in connection with any new development that includes ground disturbance.
Urban Unit Development. Development authorized and regulated by § 17.42.200.
Use. See “Land Use.”
Use, Primary. See “Primary Use.”
Utility Facility. A fixed-base structure or facility serving as a junction point for transferring electric utility services from 1 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
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electrical substations and switching stations
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natural gas regulating and distribution facilities
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public water system wells, treatment plants and storage •
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.”
Vacation Rental Unit. See “Sort Term rental”
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, vehicular and engine repair (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, repair shops that are part of a vehicle dealership on the same site (see “Auto and Vehicle Sales/Rental,” and “Mobile Home, Boat, or RV Sales”); 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.” 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 stormwater 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, including cannabis products, 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
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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 § 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 1 or more building sides rests directly on a lot line.
Zoning District. Any district established by Chapter 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.).
Section 6. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council of the City of Fort Bragg hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, and phrase thereof irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases may be held invalid or unconstitutional.
Section 7. Effective Date and Publication. This Ordinance shall become effective upon its certification by the Coastal Commission. Within fifteen (15) days after the passage of this Ordinance by the Coastal Commission, the City Clerk shall cause a summary of said Ordinance to be published as provided in Government Code §36933, in a newspaper of general circulation published and circulated in the City of Fort Bragg, along with the names of the City Council voting for and against its passage.
Section 8. Fort Bragg City Council does hereby recommend that the Coastal Commission approve the LCP Amendment to amend Division 17 to the Fort Bragg Municipal Code.
The foregoing Ordinance was introduced by Councilmember ________ at a regular meeting of the City Council of the City of Fort Bragg held August 24, 2026, and adopted at a regular meeting of the City of Fort Bragg held on _________, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSE:
________________________________
JASON GODEKE, Mayor
ATTEST:
________________________________
Diana Paoli,
City Clerk
PUBLISH: Date, 2026 and Date, 2026 (by summary).
EFFECTIVE DATE: 15 Day after Certification by the California Coastal Commission 2