Gustine City Council
December 11, 2024

SPECIAL JOINT MEETING
AGENDA

CITY OF GUSTINE
CITY COUNCIL and

PLANNING COMMISSION

COUNCIL CHAMBERS, CITY HALL
352 5 STREET GUSTINE, CALIFORNIA
DECEMBER 11, 2024 - 6:00 P.M.

The Council Chambers are open and in-person attendance is encouraged.

As a convenience, the City will be retaining the virtual component of public meetings for optional attendance with the use of an online meeting room.

Log-in and dial-in information is as follows:
https://meet.goto.com/898144317
or via telephone by dialing (872) 240-331L access code: 898-144-317 Feedback and noise will be muted by the meeting organizer.

Please note, in the event of a technical issue causing a disruption in the call-in option or internet-based option, the meeting will continue unless otherwise required by law, such as when a Council Member is attending the meeting virtually pursuant to certain provisions of the Brown Act.

CALL TO ORDER - PLEDGE OF ALLEGIANCE

ROLL CALL
Council Members: Giles - Marsigli - Bonta -Mayor Pro Tern Ford-Mayor Nagy Commission Members: Dupre! - Medeiros -- Vice Chairperson Lackey - Chairperson Gomes

PUBLIC COMMENT
At this time, any person may comment on an item, which is not on the agenda. PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD. Members of the public, who have questions regarding a specific agenda item, may comment on that item before consideration of that item by the Planning Commission, when recognized to do so by the Chairman.

ADMINISTRATIVE AGENDA

1. WORKSHOP: Status Update on Sixth Cycle Housing Element and Amendments to General Plan and Zoning Ordinance

1. Receive Staff Report and Presentation

2. Receive Public Comment

3. Receive Planning Commission Comment

4. Receive City Council Comment

ADJOURNMENT
Note:

I. In compliance with the Americans with Disabilities Act, a disabled person requesting a disability-related modification or accommodation to participate in this meeting, must contact City Hall at (209) 854-6471 or (209) 854-2 I 27(fax). Requests must be made as early as possible, preferably one-Full business day before the start of the meeting. (continued)

2. Any document provided to a majority of the Planning Commission regarding any open session item on this agenda is available for public inspection during normal business hours at the front counter of City Hall located at 352 5 Street, Gustine, CA. Documents or writings received after the general distribution of the agenda are also available for inspection.

CERTIFICATION
I, Melanie Correa, Deputy City Clerk, do hereby declare under penalty of perjury that the foregoing agenda was posted on the outdoor bulletin board at the Gustine City Hall, 352 5 Street, Gustine CA and made available for publi
L!
c review on this 5 day of December, 2024, at
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Melanie Correa

ITEM NO. 1

CITY COUNCIL AND

PLANNING COMMISSION

JOINT MEETING

AGENDA ITEM
DECEMBER 11, 2024
PREPARED BY: Jami Westervelt, Economic and Community Development Director Kelsey George, Contract Planner
SUBJECT: Workshop to Provide Status Update on the Sixth Cycle Housing Element and Collect Input on Amendments to the General Plan and Zoning Ordinance

BACKGROUND
The City of Gustine is in the process of updating its Housing Element, a mandatory element of the General Plan that must be revised every eight years in compliance with State law. Gustine is currently in the Sixth Cycle Housing Element planning period, covering 2024--2032. This update is being prepared in collaboration with Rincon Consultants, Inc. (Rincon) as part of a multi-jurisdictional effort managed by the Merced County Association of Governments (MCAG). Within the MJHE, each jurisdiction still adopts its own Housing Element section and has responsibility for the tasks required by the State related to being able to implement the planning within the document.

The City has contracted with Rincon Consultants to assist with the additional work related to Gustine implementing its HE. This support includes proposed amendments to the General Plan, Zoning Code, Zoning Map, and the environmental review necessary under the provisions of the California Environmental Quality Act (CEQA).

DISCUSSION
The City of Gustine submitted the first draft of its Sixth Cycle Housing Element to the California Department of Housing and Community Development (HCD) on August 2, 2024. HCD provided feedback on October 11, 2024, which primarily consisted of standard comments addressing areas such as outreach and accomplishments, Affirmatively Furthering Fair Housing (AFFH), and the refinement of housing plan programs. The reply letter from HCD is attached (Exhibit A).

Notably, HCD did not request changes to the City's sites inventory or any additional rezoning beyond the four sites identified in the HE draft. During the workshop, Rincon staff will provide a status update on the Draft Housing Element, including a summary of comments from HCD and the proposed approach to address them.

Attached for review are the draft amendments to the General Plan Land Use Element, Zoning Code, and Land Use and Zoning Maps, drafted in consultation with Rincon, utilizing their experience with other Cities and in working directly with HCD. The documents (Exhibits B, C & D) are presented with tracked changes and redlines for

clarity. These amendments align with the Housing Plan objectives established in the Housing Element.

Additionally, Rincon has prepared a broad-scope General Plan EIR Addendum to comply with California Environmental Quality Act (CEQA) requirements. This Addendum provides environmental clearance for the Housing Element Update, the Safety Element Update, the Environmental Justice Element, and site rezoning. Consolidating the environmental assessment into one document will save the City time and resources. The Council and Commission will consider the one environmental assessment, which will apply to the above when the Council adopts each of these. The draft Addendum is attached as Exhibit E for your reference.

The purpose of the workshop is as follows:
l. To provide an update on the status of the Housing Element, including progress in addressing HCD's comments, ahead of the anticipated adoption hearing.

2. To present and gather feedback on the draft General Plan and Zoning Code amendments, ahead of the anticipated adoption hearing.

3. To provide a first look at the CEQA document and an opportunity to gather feedback.

This workshop aims to gather substantive input early in the process to identify and address any concerns well in advance of the public hearing and adoption phase that follows.

RECOMMENDATION
Following an initial workshop presentation, the Planning Commission and City Council will provide specific feedback and direction on the draft documents. No adoption actions are requested at this time.

EXHIBIT(S)
A) HCD Comment Letter, First Submission Housing Element B) Draft General Plan Land Use Amendment
C) Draft Zoning Code Text Amendments
D) Draft Land Use and Zoning Maps
E) Draft CEQA Addendum
APPROVED BY: -- )
Soknirorn Than, City Manager

EXHIBIT A
STATE OF CALIFORNIA· BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
651 Bannon Street, Suite 400
Sacramento, CA 95811
(916) 263-2911/ FAX (916) 263-7453
www.hcd.ca.qov
October 11, 2024
GAVIN NEWSOM, Governor
Jami Westervelt, Director
Economic and Community Development Department
352 Fifth Street
Gustine, CA 95322
Dear Jami Westervelt:

RE: City of Gustine's 6t Cycle (2024-2032) Draft Housing Element Thank you for submitting the City of Gustine's (City) draft housing element received for review on August 2, 2024. Pursuant to Government Code section 65585, the California Department of Housing and Community Development (HCD) is reporting the results of its review.

The draft element addresses many statutory requirements; however, revisions will be necessary to substantially comply with State Housing Element Law (Gov. Code, § 65580 et seq). The enclosed Appendix describes the revisions needed to comply with State Housing Element Law.

As a reminder, the City's 6th cycle housing element was due January 31, 2024. As of today, the City has not completed the housing element process for the 6th cycle. The City's 5th cycle housing element no longer satisfies statutory requirements. HCD encourages the City to revise the element as described above, adopt, and submit to HCD to regain housing element compliance.

For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021 ), if a local government does not adopt a compliant housing element within 120 days of the statutory deadline (January 31, 2024 ), then any rezoning to make prior identified sites available or accommodate the regional housing needs allocation (RHNA) shall be completed no later than one year from the statutory deadline pursuant to Government Code sections 65583, subdivision (c) and 65583.2, subdivision (c). Otherwise, the local government's housing element will no longer comply with State Housing Element Law, and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision (i). Please be aware, if the City does not adopt a compliant housing element within one year from the statutory deadline, the element cannot be found in substantial compliance until these rezones are completed.

Jami Westervelt, Director

Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government's website and to email a link to all individuals and organizations that have previously requested notices relating to the local government's housing element at least seven days before submitting to HCD.

Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant, the Affordable Housing and Sustainable Communities program, and HCD's Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources.

For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor's Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.

HCD appreciates the coordination and time of the consultants and City staff to prepare the housing element as part of the multi-jurisdictional housing element process. We are committed to assist the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Andrea Grant, of our staff, at [email protected].

Sincerely,
Paul McDougall
Senior Program Manager
Enclosure

APPENDIX

CITY OF GUSTINE
The following changes are necessary to bring the City's housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code.

Housing element technical assistance information is available on HCD's website at https://www.hcd.ca.gov/planninq-and-community-development/hcd-memos. Among other resources, the housing element section contains HCD's latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at https://www.hcd.ca.gov/planning-and-community-development/housinq-elements/buildinqblocks and includes the Government Code addressing State Housing Element Law and other resources.

A. Review and Revision
Review the previous element to evaluate the appropriateness, effectiveness, and progress in implementation, and reflect the results of this review in the revised element. (Gov. Code, § 65588 (a) and (b).)
Unaccommodated Need: To demonstrate adequate sites· for the prior planning period, the prior element included Program 1-A (p. D1-2) to rezone sites and accommodate the shortfall of appropriately zoned sites to accommodate the regional housing need allocation (RHNA) for lower-income households. The element should discuss whether the rezoning is complete and should include this information. Additionally, the element should also discuss whether rezoning meets by-right requirements pursuant to Government Code section 65583.2, subdivisions (h) and (i) and add analysis and programs, as appropriate to address the unaccommodated need from the prior planning period within the first year of the current planning period.

Special Housing Needs: As part of the evaluation of programs in the past cycle, the element must also provide an explanation of the cumulative effectiveness of goals, policies, and related actions in meeting the housing needs of special needs populations (e.g., elderly, persons with disabilities, large households, female-headed households, farmworkers, and persons experiencing homelessness).

B. Housing Needs, Resources, and Constraints

1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899. 50) of Division 1 of Title 2...shall include an assessment of fair housing in the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).) City of Gustine's 6" Cycle Draft Housing Element
October 11, 2024

Enforcement and Outreach: The element describes capacity to provide education and outreach and a summary of fair housing complaints. However, the element must also include a discussion of any findings, lawsuits, consent decrees, judgments, and any other legal matters regarding fair housing. For additional information, please see pages 28-30 on HCD's Affirmatively Furthering Fair Housing (AFFH) Guidance Memo at https://www.hcd.ca.gov/community-development/affh/docs/AFFH Document Final 4- 27-2021.pdf.

Disproportionate Housing Needs Including Displacement Risks: The element includes some general information on housing conditions but should also evaluate patterns within the City. Specifically, the element should discuss any areas of potentially higher needs of rehabilitation and replacement. The element should utilize local data and knowledge such as service providers and code enforcement officials to assist this analysis.

Local Data and Knowledge and Other Relevant Factors: While the element incorporates some local data and knowledge and other relevant factors, it should expand use of this information to better understand the patterns and trends of socioeconomic concentrations and disparities in access to opportunities. Local data and knowledge and other relevant factors should complement federal, state, and regional data. For example, the element could utilize information from city officials, local and regional advocates and service providers and can geographically analyze historical land use and investment practices or other information and demographic trends. For additional information, see HCD's AFFH Guidance Memo https://www.hcd.ca.gov/planning-andcom m unity-developm ent/affirmativel y-furth ering-fair-h ousing.

Contributing Factors: The element identifies many contributing factors to fair housing issues. However, the element should consider prioritizing these factors to better formulate policies and programs and carry out meaningful actions to AFFH. Also, the element should re-assess contributing factors upon completion of analysis and make revisions as appropriate.

2. Include an analysis of population and employment trends and documentation of projections and a quantification of the locality's existing and projected needs for all income levels, including extremely low-income households. (Gov. Code, § 65583, subd. (a)(1).)
Include an analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition. (Gov. Code, § 65583, subd. (a)(2).) Analyze any special housing needs such as elderly; persons with disabilities, including a developmental disability; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. (Gov. Code, $ 65583, subd. (a)(7).)
City of Gustine's 6" Cycle Draft Housing Element
October 11, 2024

Employment: The element generally reports data regarding employment by industry but should also list and evaluate major employers in the City and nearby areas and employment dynamics related to job and housing relationships such as, wages, housing affordability and transportation.

Extremely Low-Income Households (ELI): The element incudes some basic information regarding ELI households such as the number of households (p. D3-14) and rates of overpayment (pp. D3-5 to 03-6). However, given the unique and disproportionate needs of ELI households, the element must analyze the disproportionate housing needs and effectiveness of existing resources and strategies to better formulate policies and programs. For example, the element could analyze overcrowding and other household characteristics and compare characteristics to other income groups.

Housing Costs: While the element includes information on sales prices and rental information from the American Community Survey, the element should reflect current market conditions and utilize additional data sources.

Special Housing Needs:
• Persons with Developmental Disabilities: While the element quantifies (p. D3-10) the City's special needs populations with developmental disabilities, it should also discuss challenges faced by the population, housing situation for individuals (e.g. independent, living with parents, etc.), and effectiveness of policies and programs to address housing needs.
• Housing for Agricultural Workers: While the element includes a general discussion (p. D3-16) of the housing needs of farmworkers in the City, the analysis should be expanded to discuss household characteristics, challenges or disproportionate housing needs faced by the farmworkers. The analysis could consider and expand upon past studies conducted in the region and statewide.

HCD will send additional information under separate cover.

3. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality's housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).)
Progress in Meeting the RHNA: The City's RHNA may be reduced by units built, permitted, approved, or pending; however, the element must demonstrate their availability in the planning period. Specifically, the element should discuss remaining steps to completion, anticipated completion, likelihood of development given past trends of approvals not resulting in built units and any known barriers to development to development in the planning period.

City of Gustine's 6" Cycle Draft Housing Element
October 11, 2024

Parcel Inventory: The element lists parcels in the rezone sites inventory (Table 06-9) by various factors such as size and zoning district. However, the listing must also include sites by general plan designation.

Suitability of Nonvacant Sites: The element must include an analysis demonstrating the potential for redevelopment of nonvacant sites. To address this requirement, the element describes in general the existing use of each nonvacant site (e.g., agriculture).

However, the element should address the extent that existing uses may impede additional residential development. For example, the analysis should address past experiences converting existing uses to residential development, current market demand for the existing use, whether uses are operating, any conditions that would perpetuate the existing use or prevent additional residential development and relate those circumstances to the sites identified (Gov. Code, § 65583.2, subd. (g)(2).) In addition, as noted in the housing element, the housing element relies upon nonvacant sites to accommodate more than 50 percent of the RHNA for lower-income households.

For your information, the housing element must demonstrate existing uses are not an impediment to additional residential development and will likely discontinue in the planning period (Gov. Code, § 65583.2, subd. (g)(2).). Absent findings (e.g., adoption resolution) based on substantial evidence, the existing uses will be presumed to impede additional residential development and will not be utilized toward demonstrating adequate sites to accommodate the RHNA.

Electronic Sites Inventory: For your information, pursuant to Government Code section 65583.3, the City must submit an electronic sites inventory with its adopted housing element. The City must utilize standards, forms, and definitions adopted by HCD.

Please see HCD's housing element webpage at https://www.hcd.ca.gov/planning-andcommunity-development/housing-elements for a copy of the form and instructions. The City can reach out to HCD at [email protected] for technical assistance.

Sites with Zoning for a Variety of Housing Types (Emergency Shelters): While the element describes the capacity for emergency shelters in the City, it should also address the proximity of that capacity to transportation and services for these sites. In addition, the element should describe how emergency shelter parking requirements comply with AB139/Government Code section 65583, subdivision (a)(4)(A) or include a program to comply with this requirement. For additional information and a sample analysis, see the Building Blocks at https://www.hcd.ca.gov/communitydevelopment/housing-element/housing-element-memos/docs/sb-2-combined-updatemc-a11y.pdf.

4. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures ... (Gov. Code, § 65583, subd. (a)(5).)
City of Gustine's 6" Cycle Draft Housing Element
October 11, 2024
Page4

Local Processing and Permit Procedures: While the element includes information about processing times, it should also describe the procedures for a typical single family and multifamily development that meet the City's zoning requirements. The analysis should also address the approval body, the number of public hearing if any, approval findings, architectural review, impacts on housing cost, supply, timing and approval certainty. For example, the element should identify and analyze approval findings for impacts on approval certainty, the presence of processes or guidelines to promote certainty and add or modify programs as appropriate. Additionally, the element should expand discussion of Planned Unit Development and include whether these are optional, if there is designated zoning, and if there are fixed development standards available.

Finally, the element should address public comments on this revised draft submittal and discuss compliance with the Permit Streamlining Act and intersections with CEQA and timing requirements, including streamlining determinations and add or modify programs as appropriate.

On/Off-Site Improvements: The element must identify typical off site improvement requirements and analyze the cost impact of on and off- site improvements on total development costs.

Codes and Enforcement: The element provides an overview of the building code implementation in Gustine but should also identify any local amendments to the building code and analyze impacts on the cost and supply of housing. Additionally, the element states that the City provides code enforcement through its police department. The element should provide further analysis on how code enforcement is conducted and separate from law enforcement, including potential impacts on lower-income households.

Constraints on Housing for Persons with Disabilities: The element briefly describes its reasonable accommodation procedures. However, the element should expand the discussion about the process and decision-making criteria such as the application, approval findings, any related fees and time parameters for this process.

5. An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including ..... the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality's share of the regional housing need in accordance with Government Code section 65584... (Gov. Code, S 65583, subd. (a)(6).) Approval Time: The element must analyze the length of time between receiving approval for a housing development and submittal of an application for building permits.

The analysis must also address any hinderance on the development of housing and include programs as appropriate.

City of Gustine's 6" Cycle Draft Housing Element
October 11, 2024

C. Housing Programs

1. Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city's or county's share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584. 09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing. (Gov. Code,§ 65583, subd. (c)(1).)
As noted in Finding B3, the element does not include a complete site analysis, therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types. In addition, the element should be revised as follows:

Housing for Agricultural Employees: While the element includes Program 6 (Zoning Ordinance Amendments), the Program should commit to comply with Health and Safety Code Section 17021.8 of the Employee Housing Act.

Low Barrier Navigation Centers: While the element includes Program 6 (Zoning Ordinance Amendments), the Program should commit to permit low barrier navigation centers by-right (without discretionary action) in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses pursuant to Government Code section 65660.

Single-Room Occupancy (SROs): While the element includes Program 6 (Zoning Ordinance Amendments), the Program should commit to modify permit procedures and development standards to encourage and facilitate SRO units.

Emergency Shelters: Program 6 should clarify that zoning will be revised to permit emergency shelters without discretionary action.

Program 2 (Adequate Sites for RHNA and Monitoring of No Net Loss): As noted on page D6-14, sites will be rezoned to allow a maximum density of 25 units per acre.

Program 2 should commit to increase allowable densities in the pertinent general plan designation and zoning district.

2. The Housing Element shall contain programs which assist in the development of adequate housing to meet the needs of extremely low-, very low-, low- and moderateincome households. (Gov. Code,§ 65583, subd. (c)(2).) City of Gustine's 6" Cycle Draft Housing Element
October 11, 2024

Program 1 (Regional Collaboration): The Program should commit to how often the City will collaborate with regional partners (e.g., at least annually), including developers and affordable housing advocates and consider efforts to AFFH and collaboration and coordination regarding implementation of the housing element.

Program 13 (Community and Economic Development): The Program should include discrete timing (e.g., at least annually, by 2026) for all specific actions and objectives.

ELI Households: The element must add or modify programs with specific actions and timelines to assist in the development of housing for ELI households. The program could commit the City to adopting priority processing, granting fee waivers or deferrals, modifying development standards, granting concessions and incentives for housing developments that include units affordable to ELI households; assisting, supporting or pursuing funding applications; and outreach and coordination with affordable housing developers. For additional information, see the Building Blocks at https://www.hcd.ca.gov/planning-and-community-development/housingelements/building-blocks/assist-development-housing.

Farmworkers: Given the importance of farmworkers and the regional needs, the element should expand actions to specifically address the needs of farmworkers that are responsive to the analysis. For example, the element could commit to providing technical assistance to developers, creating informational materials, and collaborating with employers to identify specific development opportunities or address existing housing conditions, or other proactive actions to facilitate the development of farmworker housing.

3. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, $ 65583, subd. (c)(3).) As noted in Findings B4 and BS the element requires a complete analysis of potential governmental and nongovernmental constraints. Depending upon the results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints.

Development Standards: Program 6 (Zoning Ordinance Amendments) should commit to increase heights to allow three stories in the R-3 and R-4 zones.

Fees: As noted on page D4-28, Program 8 (Facilitating Affordable Housing Development) should be modified to revise fees to be competitive with other cities in the region.

City of Gustine's 6" Cycle Draft Housing Element
October 11, 2024

4. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics ... (Gov. Code, § 65583, subd. (c)(5).) As noted in Finding B1, the element requires a complete AFFH analysis. Depending upon the results of that analysis, the City may need to revise or add programs. Goals and actions must specifically respond to the analysis and to the identified and prioritized contributing factors to fair housing issues and must be significant and meaningful enough to overcome identified patterns and trends. Actions must have specific commitment, metrics, and milestones as appropriate and must address housing mobility enhancement, new housing choices and affordability in high opportunity areas, placebased strategies for community preservation and revitalization and displacement protection.

In addition, as noted on page D7-15, the element should include a summary of AFFH actions.

D. Quantified Objectives
Establish the number of housing units, by income level, that can be constructed, rehabilitated, and conserved over a five-year time frame. (Gov. Code, § 65583, subd. (b)(1 & 2).)
The element must include quantified objectives to establish an estimate of housing units by income category that can be constructed, rehabilitated, and conserved over the planning period. While the element includes these objectives by income group for new construction, the element must also include objectives for rehabilitation and conservation units by income category. Additionally, conservation objectives should not be limited to at-risk preservation during the planning period and may include broader efforts to conserve the existing housing stock such as code enforcement, housing choice vouchers and weatherization.

E. Public Participation
Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the Housing Element, and the element shall describe this effort. (Gov. Code, § 65583, subd.(c)(9).) While the City made considerable effort to include the public through community workshops, surveys, informational meetings, and stakeholder interviews, moving forward, the City should employ additional methods for public outreach efforts in the future, particularly to include lower-income and special needs households and neighborhoods with higher concentrations of lower-income households. For example, the City could conduct targeted stakeholder interviews or establish a committee representative of lower-income City of Gustine's 6 Cycle Draft Housing Element
October 11, 2024

households in future public outreach efforts. For additional information, see the Building Blocks at https://www.hcd.ca.gov/planning-and-community-development/housingelements/building-blocks/public-participation.

F. Consistency with General Plan
The Housing Element shall describe the means by which consistency will be achieved with other general plan elements and community goals. (Gov. Code, § 65583, subd. (c)(7).) The element should describe how internal consistency will be achieved as part of the housing element update and should discuss updates of other elements of the general plan that are triggered by housing element adoption. For information, please see the Technical Advisories issued by the Governor's Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.

City of Gustine's 6" Cycle Draft Housing Element
October 11, 2024

EXHIBIT B
Table of Contents
Table of Contents
City of Gustine General Plan Land Use Element.. 3-1
Introduction 3-1
Setting 3-3
Disadvantaged Unincorporated Communities (DUCs) 3-3
Goals and Policies 3-3
Community Character 3-8
Land Use Plan Designations 3-8
Residential Uses 3- g
Commercial 3-144-2
Industrial 3-�4-d
Other Land Uses 3-1644
Phasing 3-.114--a
Tables
Table 3-1
Table 3-2
Table 3-3
Table 3-4
Table 3-5
Growth Change and Percentage Increase 3-3
Land Use Acreage , 3-8
Residential Land Use Calculator 3-10
Mixed Use Designation Guidelines ...........................................................3-1513 General Plan/Zoning Correlation...............................................................3-1715 Figures
Figure 3-1 Population Changes 3-2
Maps
Map LU-1
Map LU-2
Map LU-3
Regional Location 3-5
General Land Use Plan 3-11
Gustine Development Phasing Plan 3-18-:t-e
City of Gustine - General Plan 3-i

3-ii
Table of Contents
This page intentionally left blank.

The City of Gustine -- General Plan

Land Use
City of Gustine General Plan Land Use Element
Introduction
Government Code Section 65302 (a) requires that the general plan include: "A land use element which designates the proposed general distribution and general location and extent of all uses of the land including land for housing, business, industry, open space, including agriculture, natural resources, recreation and enjoyment of scenic beauty, education, public buildings and grounds, solid and liquid disposal facilities, and other categories of public and private uses of land". _
The Land Use Element establishes land use goals and policies that will shape the character of the City of Gustine. The intent of this element is to support and reinforce the current quality of life in Gustine. This element promotes the achievement of land use goals through policies and implementing actions. The general plan is also required to maintain consistency between individual elements. Because of the nature of topics addressed in the Land Use Element, all other elements of the general plan overlap land use issues and topics to varying degrees.

Issues and Intent
Within the next twenty years, it is anticipated that there will be tremendous growth throughout the San Joaquin Valley. State forecasts, done in 1995, anticipate all industry divisions within Merced County as a whole will "experience growth, with most of the new jobs in government and manufacturing."
The percent of population growth change in Gustine from 1980 to 1990 was 20%. Growth in the early 1990s, however, has been steady with a 5% change from 1995 to 1997, Figure 3- 1Figure 3 1 illustrates those changes.

City of Gustine -- General Plan 3-1

Land Use
Figure 3-1 Population Changes
ow
Given projections of increased growth throughout the San Joaquin Valley, the City Council has presupposed a 2.5% growth rate for population from 1999 to 2020. The City expects local economic stimulation through development of its downtown and infrastructure improvements. Given a 2.5% rate, total build out of the City would result in approximately 8,000 total people by the year 2020.

The Land Use Element identifies Gustine's goals and policies that will enable it to attract new industries while maintaining the current character of the community. The General Plan envisions the maintenance of the small town atmosphere, feasible provisions for residents' needs, and a balanced level of employment opportunities and housing mixes. Gustine intends to continue to balance its open space, productive agricultural lands, and urban uses.

Gustine is working to attract new industry and authorize the development of residential areas. The City also anticipates increases in its commuting population, based on market trends in the San Jose area. It is anticipated that as the price of land continues to increase in the Silicon Valley, businesses will look to relocate in areas such as Gustine where the cost of living and the land is cheaper.

Gustine's future land use patterns and characteristics are based upon the land use capability/suitability analysis, land use projections, and land use compatibility from the 1992 General Plan. The population density for residential land uses within the City is an expression of the relationship between dwelling units per acre (du/acre) and persons per household, shown in Table 3-1Table 3 1.
3-2 The-City of Gustine - General Plan

Land Use
Table 3-1 Growth Change and Percentage Increase
Year 1970 1980 1990 1995 1998 2000
Population
% Change
Growth Rates
2793 3142
11%

1.18%
3931
20%

2.27%
4135
5%

1.02%
4140

0.01%

0.04%
4440
7%
Building intensity is based on the maximum number of dwelling units per acre for residential development and floor area ratio (the ratio of building floor area to the total site area) for commercial and industrial development.

Setting
The Gustine General Plan Project Area encompasses 993.1 acres which contains the City of Gustine and its Sphere of Influence (SOI). The Gustine Sphere of Influence is generally bounded by ¼ to ½ mile north of North Avenue, ¼ mile east of East Avenue, Gun Club Road to the south, and Jensen Road to the west. Map LU-1 illustrates the location of Gustine within the Merced County Region.

Disadvantaged Unincorporated Communities(DUCs)
Senate Bill (SB) 244($88 2442011) requires the City to identify Disadvantaged Unincorporated Communities (DUCs) that are inside or near the GCity's boundaries and analyze any legal financial, and political barriers that may contribute to inequality and infrastructure deficits in these communities There are no Disadvantaged Unincorporated CommunitiesDUCs within or in proximity to the City of Gustine or it's SOI Goals and Policies
The goals and policies that follow reflect the City's desire for a balanced community that is economically viable, provides for a variety of housing needs, and retains both its agricultural and small town character.

The Goals and Policies identified reflect the direction of the General Plan; hence, they are presented first as a precedent to the future land uses.

Overall Goals for Land Use
1) Management of the location, extent and timing of urban growth within the Sphere of Influence so that it will be compatible with the economy, natural resources of the area, and the urban service capabilities of the City.
2) Conservation of agricultural land to the maximum practical extent that is commensurate with the orderly growth and development of the City.
3) Coordination with Merced County and the Local Agency Formation Commission in planning for and regulating the use of land in unincorporated portions of the planning area.
4) Consistency between the Zoning and Subdivision Code and the General Plan.

City of Gustine -- General Plan 3-3

Land Use
Specific Policies for Overall Land Use General
1) Upon adoption of the General Plan or upon adoption of any subsequent amendments to it, the City will undertake any amendments to the Zoning or Subdivision Ordinances Code that are necessary in order to maintain consistency between them and the Plan. 2) Consistency between the texts of the Zoning Ordinance and Subdivision Ordinance Code and the General Plan will be determined by evaluating whether or not the Zoning and Subdivision Code Ordinances further the objectives and policies of the General Plan and conform with the definitions and standards established in the Plan. 3-4 The City of Gustine -- General Plan

Map LU-1
Land Use
Regional Location
City of Gustine - General Plan
1 3-5

Land Use
Area - Urban Growth
• Orderly urban expansion that supports the small town character of Gustine ■ A compact urban form
Policies

1. Provide land for urban development, while preserving prime and producing agricultural land, sensitive wetlands, and lands of environmental significance

2. Provide a transition from urban to rural land uses by controlling development which occurs outside of the City limits, but within the Sphere of Influence with an agriculture buffer

3. Encourage infill development in the downtown area

4. Encourage a concentrated and balanced land use pattern meeting the needs of the residents and economy of the planning area

5. Provide flexibility in land use planning to be responsive to market demands

6. Promote neighborhoods that provide a balanced mix of land uses and development types that are supportive of small town character and provide park space

7. Manage the location, extent and timing of urban growth to be compatible with the economy, natural resources of the area, and the urban service capabilities of the City Area - Agriculture Preservation
■ Preservation of agricultural lands
■ Incorporate agricultural uses for buffers between land uses ■ Support continued agricultural use of prime agricultural lands Policies

1. Whenever feasible, investigate options for City-owned agriculture easements to ensure an adequate buffer is maintained between land uses.

2. Maintain the City's Right to Farm Ordinance

3. Whenever feasible, investigate opportunities for Williamson Act contracts within the City's SOI.

Area - Economic Development
■ Encourage growth in the Downtown Area
■ Design that enhances opportunity in the Downtown Area ■ Promotion of suitable industrial development outside of the downtown area • Employment opportunities
Policies

1. Promote the downtown business district as the retail/commercial center for Gustine

2. Support Development, Expansion, and Application of Modern Communications Technology

3. Provide adequate services for the operation of industry 3-6 The City of Gustine - General Plan

Land Use

4. Continue to provide for a diverse range of commercial and industrial land to maximize opportunities for development

5. Promote mixed use development combining compatible employment, service, and residential elements

6. Emphasize human scale in the downtown area and pedestrian shopping activity

7. Support the development of land uses that provide both daytime and evening activities

8. Provide for the development of quality employment centers

9. Promote and Support Development of Community Facilities and Infrastructure Area - Residential
• A varied range of housing opportunities
• Quality residential environments that offer choices in housing Policies

1. Retain the integrity of existing residential neighborhoods by protecting them from incompatible land uses.

2. Encourage higher density residential uses closer to the downtown area.

3. Encourage residential design standards that promote the use of bicycles and walking environments.

4. Minimum lot size for residential uses i7,5 s 00 square feet

54. Encourage mixture of residential densities that avoid cookie cutter developments and encourage well planned areas that are neighborhood oriented and provide for a range of housing and lot size choices in a single area.

65. Generous park space requirements for neighborhood parks will be required.

76. Bicycle lanes and paths with access to residential areas and that complies with the Gustine Bike Plan will be required of new development.

Area - Master Facility Plans
• Develop and implement Master Facility Plans for sewer, water and storm drainage systems.

Policies

1. Prepare and adopt comprehensive Master Facility Plans for water, sewer, and storm drainage systems which address the City's proposed growth areas. The plans will focus on future needs as well as financing projects designed to meet those needs.

Area - Schools
• Work with the Gustine Unified School District to identify appropriate locations for future school sites and facilities.

Policies

1. Monitor residential growth to facilitate school planning efforts.

2. Explore opportunities for joint use facilities within the City.

City of Gustine -- General Plan 3-7

Land Use
Community Character
The Gustine General Plan was a plan conceived out of a vision of the community's potential to expand with controlled moderate growth. This Update seeks to revise the last plan while creating more quantifiable objectives and policies that will meet the City's needs for implementation.

One of the most unique and worthwhile characteristics of Gustine, that was expressed by residents and community leaders was its small town character.

Land Use Plan Designations
State law requires general plans to include a land use diagram that designates the general location, intensity, and use of the lands within the community's project area. The Land Use Plan represents the graphic guide for the development of the community. The land use patterns and areas identified are intended to provide the basis for more detailed land use designations, densities, requirements, and standards established in the Zoning Ordinance.

Table 3-2Table 3-2 represents acreage for each of the land use designations represented by the Land Use Plan, Map 3-2. Residential densities are expressed as an average of the allowable range of dwelling units per gross acre, which correlates to a minimum generalizedot size per acre.

Table 3-2 Land Use Acreage
Land Use Acreage
Planned Development 592.80608.76
Residential Estate 14.48
Single Family Residential 401.86
Medium-Density Residential 26.72
Medium-High Density Residential 28.0115.76
Mobile Home Park 11.16
Retail Business District 29.59
Office Commercial 27.1f
Neighborhood Commercial 5.75
Mixed Use 16.14
Highway Commercial 269429.22
General Service Commercial 74.55
ParkPublic 61.5143.74
Open Space 86.01
School 62.90
Greenway 34.88
Manufacturing 196.59
Controlled Industrial 123.01
Agricultural Commercial 1612.09
3-8 The City of Gustine -- General Plan

Land Use
Residential Uses
Recent tma entative p activity,[he lack of vacant available land for residential development, and the regional housing need for additional housing throughout the region demonstrate the necessity for designating more residential land uses at various densities. The uses being proposed Residential land use designations are defined as follows:

Planned Development (PD) -1-6 du/ac)
Residential densities in this designation can range from the minimum of 7,500 square feet to 15,000 square feet. The intent of this designation is to allow for the best development proposal given constraints of the land. This use combines residential development densities to allow for a broad range of housing options, while trying to eliminate "cookie-cutter" housing.

In addition, the City has taken careful consideration when reviewing future density requirements and its subsequent impacts on existing and new infrastructure. Therefore, all of the proposed land uses within the General Plan have been designated as Planned Residential. Table 3-3Table 3 3 indicates future ratios that will be acceptable for development proposals, that the City has considered when determining residential development densities.

Residential Estate District (RE) 1-3.5-2 dulac
Allows for single-family dwellings with lot sizes of approximately 15,000 square feet.

Densities are between 1 to 3.5 (du/net acre). This is the lowest residential density within the General Plan. This district combines the advantages of both urban and rural location by limiting development to very low-density concentrations of one-family dwellings and allowing, subject to a use permit, limited farming operations. Other permitted uses may include second units, home occupations, public utility uses, and buildings, excluding equipment yards, warehouses, or repair shops, churches, schools, parks, and playgrounds.

Low Density (LD) 2-6 du/ac
The low-density development provides for the development of conventional single family detached houses.

Medium (MD) 6-10.0 du/ac
The medium density category provides for the development of medium density single family uses. Detached and attached single-family homes, patio homes or zero lot line homes are allowed within this category. The permitted level of density will be based upon the achievement of performance standards.

Medium/High Density (MHD) 10-15 25 du/ac
The medium high-density category provides for the development of moderately and higher dense density residential uses, such as multi-family housing. fourplexes, triplexes, duplexes, townhouses, and attached and detached small-lot single family detachedhousing uses. The permitleted vel odf ensity will be based upon theachievement ofperformance standards.

City of Gustine -- General Plan 3-9

Table 3-3 Residential Land Use Calculator
Land Use
Lots Total# Total Acres for
per DU per Acres of Open Available People # of of OS OS -------- Sq. Ft. Acre Ratio Each % ROW Space % Left Acres # du per Acre People People Acres Standard RE 15000 2.00 100% 555.4 28.75% 2.41% 68.84% 382.34 764.34 5.60 2140.14 2140.14 13.39 10.70 LD 7500 4.00 0% 0 28.75% 2.41% 68.84% 0.00 0.00 0.00 0.00 0.00 13.39 RE 15000 2.00 75% 416.6 28.75% 2.41% 68.84% 286.75 573.25 5.60 1605.11 2675.18 10.04 13.38 LD 7500 4.00 25% 138.9 28.75% 2.41% 68.84% 95.58 382.17 11.20 1070.07 3.35 13.39 RE 15000 2.00 67% 372.1 28.75% 2.41% 68.84% 256.17 512.10 5.60 1433.89 2846.39 8.97 14.23 LD 7500 4.00 33% 183.3 28.75% 2.41% 68.84% 126.17 504.46 11.20 1412.49 4.42 13.39 RE 15000 2.00 50% 277.7 28.75% 2.41% 68.84% 191.17 382.17 5.60 1070.07 3210.21 6.69 16.05 LD 7500 4.00 50% 277.7 28.75% 2.41% 68.84% 191.17 764.34 11.20 2140.14 6.69 13.39 RE 15000 1.96 33% 183.3 28.75% 3.86% 67.39% 123.51 241.72 5.48 676.81 3425.06 7.07 17.13 LD 7500 3.91 67% 372.1 28.75% 3.86% 67.39% 250.77 981.52 10.96 2748.25 14.36 21.44 RE 15000 1.95 25% 138.9 28.75% 4.02% 67.23% 93.35 182.25 5.47 510.30 3572.11 5.58 17.86 LD 7500 3.90 75% 416.6 28.75% 4.02% 67.23% 280.05 1093.50 10.93 3061.81 16.75 22.33 RE 15000 1.94 0% 0 28.75% 4.52% 66.73% 0.00 0.00 0.00 0.00 4021.91 0.00 20.11 LD 7500 3.88 100% 555.4 28.75% 4.52% 66.73% 370.62 1436.40 10.85 4021.91 25.10 25.10 Note; Table 3-3 is current as of February 4 2002
3-10 The City of Gustine -- General Plan

Land Use
Map LU-2 General Land Use Plan
City of Gustine - General Plan 3-11

Land Use
!
h
t
\
j__j sphere of Influence Commercial Land Use
fJcyumints eta Business 0stet (Rsp)
Parcels General and service commercial Dist@et (Gsc)
Residential tand use orce commercial (0c)
Residential Estate District (RE) EE Neighborhood commercial District (cN) Low Density Residential (LOR) - Highway Commercial District (CH) Medium Density Residential (MOR) - Mixed Use (MU)
Medium/High Density Residential (MHDR) Industrial Land Use Planned Development (Po) EH controlled Industrial ()
- Mobile Home Park District (MPD) - Manufacturing (M)
Other Land Use
- Agricultural-Commercial (AG-C)
- Open Space (OS)
I Gree«way
� I rose «e
0 1,750 3,500
Feet A
lmaqery provided by Esn and ts hicensors 9 2024
3-12 The City of Gustine -- General Plan

Land Use

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City of Gustine -- General Plan 3-13

Land Use
Mobile Home Park District (MPD)
This designation combined witmh edium high densitresi y dential provides for mobile home use where the City may regulate the standards of lot size, yard and park area, landscaping, walls, signs, access and parking. A range of 10 to 20 acres is recommended, with a density of 12 du/acre.

Commercial
Gustine has four commercial land use designations. These designations and their respective building intensity standards are defined as follows:

Retail Business District (RBD)
This designation includes a full range of retail services, and professional and governmental offices, and limited residential uses. and The Retail Business District is limited to the central commercial core.

Office Commercial (OC)
This designation would provide for a wide range of office commercial uses within the city, recognizing the need to differentiate from general service commercial. The array of relatively small scale office activities range from professional uses such as medical, dental, and law, engineering, counseling, and architecture firms to typical commercial/business office activities like real estate and insurance agencies, financial institutions, and travel agencies.

The Office Commercial designation also allows limited residential uses.

Mixed Use
The mixed use category provides for the development and/or redevelopment and enhancement of already developed areas of complementary and creative mix of retail, professional office industrial, business park, medical facilities and higher density residential uses that are located on the same parcel or within the same project area. The intent of mixed-use category is to provide the opportunity for combinations of land uses which achieve superior design or functional standards not typical of individual land uses. Mixeduse projects may either be free standing within a project area, or combined in one single building. All land uses proposed within the mixed use category will be subject to special review procedures which require a site plan or development plan. The mixed-_use designation will be implemented by a Mixed Use Overlay Zone or similar mechanism, which may apply density bonus provisions for inclusion of low income housing in mixed-use projects.

Table 3-4Table 3 4 establishes the primary uses, secondary uses, maximum building height, floor area ratios, residential densities, design features, and specific comments.

Secondary land uses are those uses which are compatible with the primary use, yet never exclusively make up more than the primary use.
3-14 The City of Gustine - General Plan

Land Use
Table 3-4 Mixed Use Designation Guidelines
Area Maximum Design Features and
Number Primary Use Secondary Uses Special Uses Height/ Stories Comments 2 Residential
Residential
25% Commercial
/Office
25% Office
Extended
Care Facility
Extended
Care Facility
or Senior
Housing
3 • Pedestrian
Orientation
• Special Sign
Regulations
• Shared Parking
• Re-use of existing
buildings
• Transitional Area
• Pedestrian
Orientation
• Special Sign
Regulations
• Shared Parking
• Transitional Area
General and Service Commercial District (GSC)
This designation includes commercial uses not appropriate to the central commercial core but provides a mixture of commercial and light industrial activities including service stations, farm equipment sales and repair, auto repair and detailing and limited food processing.

Neighborhood Commercial District (CN) This designation includes convenience and commercial activities which are located in the vicinity of residential neighborhoods and are oriented to serving them primarily. Land uses include shopping centers, and _a full range of retail and professional services, aod limited residential uses.

Highway Commercial District (CH)
This designation is designed to accommodate auto-oriented commerce, and the needs of highway travelers at locations of high automobile access.

Industrial
There are two industrial land use designations, which are defined as follows:

Controlled Industrial (I)
This designation includes industrial parks, research/office parks, warehouses and manufacturing activities not generating significant off-site impacts. Residential uses would be prohibited.

Manufacturing (M)
This designation includes a full range of manufacturing, processing, fabrication and storage activities generating heavy truck and equipment traffic. Residential uses would be prohibited.

The Industrial Park concept creates highly desirable industrial sites along major rail lines and highways where there is ample land and utilities to meet industrial needs. Some industrial parks combine both office and industrial development. Gustine will use its Planned City of Gustine -- General Plan 3-15

Land Use
Unit Development (PUD) designation to overlay and identify its industrial parks within its Manufacturing and Controlled Industrial districts.

Other Land Uses
Much of the land surrounding theCity ofGustine is falloor uswed forow crops. The General Plan update has re-designated all of the land within the planning area foraspecific urban use.

Additional uses land use designations not previously defined include:

Agricultural-Commercial (AG-CJ
This designation is considered a transition zone between urban and rural uses. It provides for Ag related uses which may or may not be commercial.

Agricultural-Commercial uses are those uses that are directly related to or are a part of an agricultural enterprise or operation. Ag-Commercial uses may include, but are not limited to, agricultural contractors and service establishments, agricultural processing plants, agriculture products, storage plants and storage facilities, agricultural chemicals, and farm equipment repair shops as well as simply crop production.

Preservation of ag lands was a significant factor in the development of this plan. The City of Gustine wants to ensure that ag lands are preserved as a buffer that surrounds the City as a method of 1) avoiding sprawl and 2) preserving the character of Gustine.

Open Space (OS)
This designation is an overlay category and includes publicly owned parks and recreation facilities, unimproved land, and agricultural uses. Park area is based on a ratio of 5 acres per 1000 people. Average residential density is assumed to be .20 dwelling units per gross acre.

Public (P)
This designation may be imposed upon any land use. It includes government owned facilities, corporation yards, public and private schools, hospitals and quasi-public uses such as cemeteries. Park and school sites have been designated throughout the planning area based upon projected needs. In some instances the public school sites have been used as centers for new residential areas which are combined with neighborhood parks. This category depicts the location of existing, proposed and needed schools. These are designated as "floating" spaces so that the best suitable site is identified at the time of development.

Table 3-5Table 3 5 General Plan/Zoning Correlation reflects the zoning districts which currently correspond to each land use designation and recommended future zoning classifications.
3-16 The City of Gustine - General Plan

Land Use
Table 3-5 General Plan/Zoning Correlation
Proposed General Plan
Land Use Category Pre[scone@otrcsonine zoning Categories Planned Development (1-6 du/ac)
Residential Estate (1-2-3.5 du/ac)
Low Density Residential (2-6 du/ac)
Medium _Density Residential (6-10 du/ac)
Medium/High Density Residential (10-15 25 dulac)
Mobile Home Park District (MPD)
Retail Business
Office Commercial
Mixed Use
General and Service Commercial District (GSC)
Neighborhood Commercial District (CN)
Highway Commercial District (CH)
Controlled Industrial (I)
Manufacturing (M)
Agricultural-Commercial (AG-C)
Open Space (OS)
Public (P)
Planned Development (P-D) (Up to1.0 6.0 du/ac)
Residential EstateSame (-R-E)(p to10-2.0 dulac)
Single Family Residential (RR-1)Low Density(2.4up to

6.0 dulac) R-1
Medium Density _Residential (R-2)(p to6.1-10.0
du/lac)-R 2
Multiple Residential Medium/High Density Multiple
Residential Medium/High Density (R-3)(10.10-15 20
dulac)-R-3
Multiple Residential High Density Multiple Residential
(R-4)(20-25 du/ac)
Mobile Home Park Combining DistrictSame -(T)
Downtown CommercialC-B(C-1)
QIfice Commercal (C-O)
Mixed Use (MU)
Same GS€General Commercial (C-2)
Same Neighborhood Commercial (C-N)
Same Highway Commercial (C-H)
Same Controlled Industrial- [l)
Manufacturing (M]
Agricultural-Commercial (A-C)
OSPublic/institutional(P-I
PAirport_(APy
Public/Institutional (P-1)
The proposed residential development, with full build-out, requires the need for one new elementary school and expansion of the high school. These are designated in the Plan as "floating" sites and the City in conjunction with the School District would have the flexibility of using its "Public" land use designation to modify the proposed school locations. The floating sites represent the intent to locate the new schools near new development to accommodate new children in·the development, particularly with regard to the elementary school site, where typically children can walk to school within a relatively short distance.

Phasing
Phasing is critical in plan development. Map LU-3 identifies a phasing plan for development.

Infrastructure plays a critical role in phasing and having adequate services available.

The City is currently developing three Infrastructure Master Plans that all new development will be required to comply with. These Master Plans are for Sewer, Water & Storm Water.

Each Master Plan will be kept up to date and correspond to the Phasing Plan.

The Land Use Element is the key component of the Land Use Plan.

City of Gustine - General Plan 3-17

Land Use
Map LU-3 Gustine Development Phasing Plan
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3-18 The City of Gustine -- General Plan

Land Use
This page intentionally left blank.

City of Gustine - General Plan 3-19

Article 9 Glossary
EXHIBIT C Article 9 Glossary
Ord. No. 511, § 13, adopted Oct. 19, 2021, renumbered Art. 8, §§ 4-80-010 and 4-80-020, of the Zoning and Subdivision Code entitled "Glossary" as Art. 9, 55 4-90-010 and 4-90-020, as set out herein.

Chapter 4-90. Definitions
Sections
Sec. 4-90-010. Purpose.

This Chapter provides definitions of terms and phrases used in this Zoning and Subdivision 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 Zoning and Subdivision Code. If a word is not defined in this Chapter, or in other provisions of the City of Gustine Municipal Code, the Director shall determine the correct definition.

Sec. 4-90-020. Definitions of Specialized Terms and Phrases.

As used in this Zoning and Subdivision 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. An attached or a detached residential dwelling unit that provides complete independent living facilities for pne or more persons andislocated on alot with a proposed or existing primary residence.It shall include permanent provisions for living. sleeping eating, cooking, and sanitationon the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit (ADU) may be an efficiency unit, as defined in Government Code Section 65852.2,0r a manufactured home, as defined in Government Code Section 65852.2.

Accessory Retail or Services. The retail sale of various products, or the provision of certain personal services within a health care, hotel, office, or industrial complex, to employees or customers. Examples of these uses include pharmacies, gift shops, and food service establishments within hospitals; convenience stores and food service establishments within hotel, office and industrial complexes; and barber and beauty shops within residential care facilities.

Accessory Structure. A structure that is physically detached from, secondary and incidental to, and commonly associated with a primary structure on the same site. See also "Agricultural Accessory Structure," and "Residential Accessory Uses and Structures." Accessory Use. A use customarily incidental to, related and clearly subordinate to a primary use on the same parcel, which does not alter the primary use nor serve property other than the parcel where the primary use is located.

Draft 2024

City of Gustine
Housing Element Implementation Zone Text Amendments[Zoning_and_Subdivision_Code Adult Oriented Business. A business based upon materials or performances that depict, describe, or relate to "specified sexual activities" or "specified anatomical areas," as defined in the Municipal Code.

Affordable Housing. Housing that costs no more than 30percent9% of a household's gross annual income with variations, a-s-per the California Health and Safety Code Section 50052.5.

This includes housing that is rented or owned, such as a condo or single-family_residence, Affordable Rent. Monthly housing expenses, including a reasonable allowance for utilities, for rental units reserved for very low or low income households, not exceeding the following calculations:

1. Acutely Low-Income:1 percent or less of area median income as defined by State law (Health and Safety Code Section 50063.5)
2_ Extremely Low--Income:Between15and30percentofmedianicomeas definedby_State law (Health and Safety Code Section 50106).
.Very Low-Income: Between30and50 percent of area_median income as defined by State law (Health and Safety Code Section 50105) and the HUD income limits. 244. Low-/Lower--Income: Between50and80 percent of area median income as defined by State law (Health and Safety Code Section 50079.5) and the HUD income limits.

Affordable Sales Price. A sales price at which very low and low income households can qualify for the purchase of designated dwelling units, calculated on the basis of underwriting standards of mortgage financing available for the development.

Agent. A person authorized in writing by the property owner to represent and act for a property owner in contacts with City employees, committees, Commissions, and the Council, regarding matters regulated by this Zoning and Subdivision Code.

Agricultural Accessory Structure. A structure for sheltering or confining animals, or agricultural equipment, hay, feed, etc. Examples of these structures include barns, non-commercial greenhouses, coops, corrals, and pens. Does not include pasture fencing.

Agricultural Product Processing and Storage. The processing and/or interim storage of harvested crops to prepare them for on-site marketing or processing and packaging elsewhere.

Examples of this land use include the following:
• alfalfa cubing
• corn shelling
• cotton ginning
■ custom grist mills
■ custom milling of flour, feed and grain
■ dairies (but not feedlots, see instead "Livestock Operations, Sales Yards, Feedlots, Stockyards")
• drying of corn, rice, hay, fruits and vegetables
• grain cleaning and custom grinding
■ hay baling and cubing
• pre-cooling and packaging of fresh or farm-dried fruits and vegetables 2

Article 9 Glossary
• sorting, grading and packing of fruits and vegetables • tree nut hulling and shelling
Does not include wineries, which are separately defined.

Alcoholic Beverage Sales. The retail sale of beer, wine, and/or distilled spirits for on-premise or off-premise consumption.

Alley. A public or private roadway that provides vehicle access to the rear or side of parcels having other public street frontage, that is not intended for general traffic circulation.

Allowed Use. A use of land identified by Article 2 (Zoning Districts, Allowable Land Uses and Permit Requirements) as a permitted or conditional use that may be established with land use permit and, where applicable, Design Review and/or Building Permit approval, subject to compliance with all applicable provisions of this Zoning and Subdivision 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.

Amusement Arcade and Entertainment Center. Means premises used by a business establishment providing amusement devices for patron use on premises.

Amusement Device. Means a machine or electronic device used primarily for games of skill or change including billiards, pool, video games, and other amusement devices, machines, and other entertainment devices electrical, battery or solar operated or manual functions.

Ambulance, Taxi, or Limousine Dispatch Facility. A base facility from which taxis and limousines are dispatched, and/or where ambulance vehicles and crews stand by for emergency calls.

Animal Keeping. See Section 4-44-170 (Animal Keeping).

Apartment. See "Multi-Family Housing."
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 Zoning and Subdivision Code, and who presents written authorization from the property owner to file an application with the City; or

3. The agent of either of the above who presents written authorization from the property owner to file an application with the City.

Approval. Includes both approval and approval with conditions.

Arborist. 1) A person currently certified by the Western Chapter of the International Society of Arboriculture as an expert on the care of trees; 2) a consulting arborist who satisfies the requirements of the American Society of Consulting Arborists; or 3) other qualified professionals who the Director determines have gained through experience the qualifications to identify, remove, or replace trees.

Architectural Feature. An exterior building feature including roof, windows, doors, porches, etc.

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City of Gustine
Housing Element Implementation Zone Text AmendmentsZoning_and_Subdivision Code Artisan/Craft Product Manufacturing. Establishments manufacturing and/or assembling small products primarily by hand, including jewelry, pottery and other ceramics, as well as small glass and metal art and craft products.

Artisan Shop. A retail store selling art glass, ceramics, jewelry, paintings, sculpture, and other handcrafted items, where the facility 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"). 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 "Gas Stations," which are separately defined.

Auto Parts Sales. Stores that sell new automobile parts, tires, and accessories. Establishments that provide installation services are instead included under "Vehicle Services - Repair and Maintenance - Minor." Does not include tire recapping establishments, which are found under "Vehicle Services" or businesses dealing exclusively in used parts, which are included under "Recycling - Scrap and Dismantling Yards."
Auto Repair. See "Vehicle Services."
Automated Teller Machine (ATM). Computerized, self-service machines used by banking customers for financial transactions, including deposits, withdrawals and fund transfers, without face-to-face contact with financial institution personnel. The machines may be located at or within banks, or in other locations.

B. Definitions, "B."
Bank, Financial Services. Financial institutions including:
• banks and trust companies
• credit agencies
• holding (but not primarily operating) companies
• lending and thrift institutions
• other investment companies
• securities/commodity contract brokers and dealers
• security and commodity exchanges
• vehicle finance (equity) leasing agencies
See also, "Automated Teller Machine."
4

Article 9 Glossary
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 also include beer brewing as part of a microbrewery ("brew-pub"), and other beverage tasting facilities. Does not include adult oriented businesses.

Bed and Breakfast Inn (B&B). A residential structure with one or more bedrooms rented for overnight lodging, where meals may be provided subject to applicable Environmental Health Department regulations. Does not include room rental, which is separately defined (see "Boarding/Rooming House").

Building and Landscape Materials Sales. Retail establishments 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 Height. See Section 4-30-040 (Height Limits and Exceptions).

Business Support Service. An establishment within a building that provides services to other businesses. Examples of these services include:
• blueprinting
• computer-related services (rental, repair)
• copying and quick printing services
• film processing and photofinishing (retail)
• outdoor advertising services
• mailing and mail box services
• protective services (other than office related)
security systems services
By-right Use.Ause permittedby.rightisause-that a-process thatallowsthe approvalofa development-that-complies with_all-applicable laws-and-regulations.Theuse-may be permitted ministerially and may-not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a "project" for purposes of Division 13 (commencing with Section21000)of the Public Resources Code HCEQA)
C. Definitions, "C."
Cabinet Shop. See "Furniture and Fixtures Manufacturing, Cabinet Shops." California Environmental Quality Act (CEQA). State law (California Public Resources Code Sections 21000 et seq.) requiring public agencies to document and consider the environmental effects of a proposed action, prior to allowing the action to occur.

California Public Utilities Commission (CPUC). The governmental agency which regulates the terms and conditions of public utilities in the State.

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City of Gustine
Housing Element Implementation Zone Text AmendmentsZoning and_Subdivision Code Card Room. An establishment offering legal gambling activities in compliance with a State license.

Caretaker/Employee Unit. 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.

Carriage House. A secondary residential unit located over a detached garage.

Catering Service. A business that prepares food for consumption on the premises of a client.

Cemetery, Mausoleum, Columbarium. An interment establishment engaged in subdividing property into cemetery lots and offering burial plots or air space for sale. Includes animal cemeteries; cemetery, mausoleum, crematorium and columbarium operations, and full-service mortuaries and funeral parlors accessory to a cemetery or columbarium.

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.

City. The City of Gustine, State of California, referred to in this Zoning and Subdivision Code as the "City."
City Council. The Gustine City Council, referred to in this Zoning and Subdivision Code as the "Council."
City Manager. Person appointed by the City Council to manage the business of the City of Gustine. City Manager shall have the authority over all City personnel and contract employees.

City Manager shall have authority to appoint and assign responsibility to perform certain duties.

City Manager shall have authority to interpret and make decisions as referred to as the "Director." City Manager may appoint a designee to perform the duties of the "Director." Club, Lodge, Private Meeting Hall. Permanent, headquarters-type and meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including facilities for:
• business associations
• civic, social and fraternal organizations
• labor unions and similar organizations
• political organizations
• professional membership organizations
• other membership organizations
Includes grange halls and similar facilities.

Commercial Recreation Facility-Indoor. Establishments providing indoor amusement and entertainment services for a fee or admission charge, including:
• bowling alleys
• coin-operated amusement arcades
6

Article 9 Glossary
• dance halls, clubs and ballrooms
• electronic game arcades (video games, pinball, etc.)
• ice skating and roller skating
• pool and billiard rooms as primary uses
This use does not include adult oriented businesses, which are separately defined. Four or more electronic games or coin-operated amusements in any establishment, or a premises where 50 percent or more of the floor area is occupied by amusement devices, are considered an electronic game arcade as described above; three or fewer machines are not considered a land use separate from the primary use of the site.

Commercial Recreation Facility-Outdoor. A facility for various outdoor recreational activities, where a fee is charged for use. Examples include:
• amusement and theme parks
• go-cart tracks
• golf driving ranges
• miniature golf courses
• water slides
May also include commercial facilities customarily associated with the above outdoor commercial recreational uses, including bars and restaurants, video game arcades, etc.

Commercial Zoning District. Any of the commercial zoning districts established by Section 4-20- 020 (Zoning Map and Zoning Districts).

Community Care Facility. Has the same meaning as in California Health and Safety Code Section 1502, as it may be amended from time to time. Also "Residential Care Facility." Community Center. A multi-purpose meeting and recreational facility typically consisting of one or more meeting or multi-purpose rooms, kitchen and/or outdoor barbecue facilities, that are available for use by various groups for such activities as meetings, parties, receptions, dances, etc.

Condominium. As defined by Civil Code Section 1315, 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 Contractors. 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.

Construction/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.

Convenience Store. See "Neighborhood Market."
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City of Gustine
Housing Element Implementation Zone Text AmendmentsZoning and_Subdivision Code County. The County of Merced, 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:
• field crops
• flowers and seeds
• fruits
• grains
• melons
• ornamental crops
• tree nuts
• trees and sod
• vegetables
• wine and table grapes
Also includes associated crop preparation services and harvesting activities, such as mechanical soil preparation, irrigation system construction, spraying, crop processing and retail sales in the field, not including sales sheds, which are instead defined under "Produce Stand." Does not include greenhouses which are instead defined under "Plant Nursery," and "Residential Accessory Use or Structure," or containerized crop production, which is instead defined under "Plant Nursery."
D. Definitions, "D."
Day Care. Facilities that provide non-medical care and supervision of minor children for periods of less than 24 hours. These facilities include the following, all of which are required to be licensed by the California State Department of Social Services.

1. Child Day Care Center. Commercial or non-profit child day care facilities designed and approved to accommodate 15 or more children. Includes infant centers, preschools, sickchild 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. Large Family Day Care Home. As provided by Health and Safety Code Section 1596.78, a home that regularly provides care, protection, and supervision for seven to 14 children, inclusive, including children under the age of 10 years who reside in the home, for periods of less than 24 hours per day, while the parents or guardians are away.

3. Small Family Day Care Home. As provided by Health and Safety Code Section 1596.78, a home that provides family day care for eight or fewer children, including children under the age of 10 years who reside in the home.

Density. The number of housing units per acre, unless otherwise stated, for residential uses.

Density Bonus. As defined by State law (Government Code Section 65915 et seq.), an increase of at least 25 percent over the maximum density otherwise allowed by the applicable zoning district, that is granted to the owner/developer of a housing project who agrees to construct a prescribed percentage of dwelling units that are affordable to households of very low and/or 8

Article 9 Glossary
low income. When determining the number of dwelling units that shall be affordable, the units authorized by the density bonus shall not be included in the calculation.

Department. The City of Gustine Planning and Building Department, referred to in this Zoning and Subdivision Code as the "Department."
Development. Any construction activity or alteration of the landscape, its terrain contour or vegetation, including the erection or alteration of structures. New development is any construction, or alteration of an existing structure or land use, or establishment of a land use, after the effective date of this Zoning and Subdivision Code.

Development Agreement. A contract between the City and an applicant for a development project, in compliance with the Municipal Code, and Government Code Sections 65864 et seq. A development agreement is intended to provide assurance to the applicant that an approved project may proceed subject to the policies, rules, regulations, and conditions of approval applicable to the project at the time of approval, regardless of any changes to City policies, rules, and regulations after project approval. In return, the City may be assured that the applicant will provide infrastructure and/or pay fees required by a new project.

Diameter of a Tree. Trunk diameter measured at 4.5 feet above the ground (also known as "Diameter at Breast Height," or "DBH).

Director. The City of Gustine City Manager. The City Manager may appoint a designee to perform the duties of the Planning Director.

Discretionary Permit. A City land use review and entitlement process where the review authority exercises discretion in deciding to approve or disapprove the permit. Includes Use Permits, Variances, Design Review Approval, Master Development Plans, and Subdivision Maps.

Diseased Tree. A tree afflicted by, but not limited to, any of the following: insect infestation, heart rot, exfoliation, slime flux, crown rot, leaf scorch, root fungus, structural defects or weaknesses.

District. See "Zoning District."
DownCity. The "DownCity/City Center Area" shown in Figure 3-3 of the General Plan.

Drip line. A line that may be drawn on the ground around a tree directly under its outermost branch tips and which identifies that location where rainwater tends to drip from the trees.

When depicted on a map, the drip line will appear as an irregular shaped circle that follows the contour of the tree's branches as seen from overhead.

Drive-through Sales or Services. A facility where food or other products may be purchased, or where services may be obtained by motorists without leaving their vehicles. Examples of drivethrough sales facilities include fast-food restaurants, drive-through coffee, dairy product, photo stores, pharmacies, etc. Examples of drive-through service facilities include drive-through bank teller windows, dry cleaners, etc., but do not include automated teller machines (ATMs), gas stations or other vehicle services, which are separately defined.

Duplex. See "Multi-Family Housing."
Dwelling, Dwelling Unit, or Housing Unit. A room or group of internally connected rooms that have sleeping, cooking, eating, and sanitation facilities, but not more than one kitchen, which constitute an independent housekeeping unit, occupied by or intended for one household on a long-term basis.

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City of Gustine
Housing Element Implementation Zone Text Amendments[Zoning gnd_Subdivision Code E. Definitions, "E."
Easement. A grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation or another person or entity.

Emergency Shelter. A facility for the temporary shelter and feeding of indigents or disaster victims, operated by a public or non-profit agency. "Emergency shelter" shall havelas the same meaning as in the California Health and Safety Code §Section 50801, as it may be amended from time to time.

Employee Housing, Seven or More Clients. As provided by the California Health and Safety Code§ 17021.6, any housing that provides accommodations for no fewer than six employees, but no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household, located on property zoned for agricultural use.

Employee Housing, Six or Fewer Clients. As provided by the California Health and Safety Code § 17021.5, any housing that provides accommodations for six or fewer employees. Use of a family dwelling for purposes of employee housing serving six or fewer persons shall not constitute a change of occupancy for purposes of the local building codes.

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).

Equestrian Facility. A commercial facility for horses, donkeys, and/or mules, examples of which include horse ranches, boarding stables, riding schools and academies, horse exhibition facilities {for shows or other competitive events), and barns, stables, corrals and paddocks accessory and incidental to these uses. Does not include the simple pasturing of horses, donkeys, and/or mules, which is instead included in "Animal Keeping" as regulated by Section 4-44-170.

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.

Extended Hour Retail. Any business that is open to the public between the hours of 11:00 p.m., and 6:00 a.m.

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."
Farmworker Housing. As provided by California Health and Safety Code&Section 50199.7, housing in which at least 50 percent of the units are available to, and occupied by, farmworkers and their households.

Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.

Fuel Dealer. A retail trade establishment that sells fuel oil, butane, propane and liquefied petroleum gas (LPG), bottled or in bulk, to consumers.
10

Article 9 Glossary
Furniture/Fixtures Manufacturing, Cabinet Shop. Manufacturers producing: wood and metal household furniture and appliances; bedsprings and mattresses; all types of office furniture and public building furniture and partitions, shelving, lockers and store furniture; and miscellaneous drapery hardware, window blinds and shades. Includes furniture re-upholstering businesses, wood and cabinet shops, but not sawmills or planing mills, which are instead included under "Manufacturing - Heavy."
Furniture, Furnishings and Appliance Store. A store that primarily sells the following products and related services, that may also provide incidental repair services:
• computers and computer equipment
• draperies
• floor coverings
• furniture
• glass and chinaware
• home appliances
• home furnishings
• home sound systems
• interior decorating materials and services
• large musical instruments
• lawn furniture
• movable spas and hot tubs
• office furniture
• other household electrical and gas appliances
• outdoor furniture
• refrigerators
• stoves
• televisions
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 4-36 (Parking and Loading).

1. A garage is an attached or detached accessory structure with a door, enclosed on at least three sides.

2. A carport is an attached or detached accessory structure enclosed on no more than two sides.

A garage or carport complies with the requirements of this Zoning and Subdivision Code for "covered" parking spaces.

Gas Station. A retail business selling gasoline and/or other motor vehicle fuels, and related products. Where allowed by Article 2 (Zoning Districts, Allowable Land Uses and Permit Requirements), 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.

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City of Gustine
Housing Element Implementation Zone Text Amendments2Zoning_ qnd Subdivision Code General Plan. The City of Gustine 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 Zoning and Subdivision Code as the "General Plan." General Retail. Stores and shops selling many lines of merchandise. Examples of these stores and lines of merchandise include:
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antique stores
art galleries, retail
art supplies, including framing services
auction rooms
bicycles
books, magazines, and newspapers
cameras and photographic supplies
clothing, shoes, and accessories
collectibles (cards, coins, comics, stamps, etc.)
department stores
drug stores and pharmacies
dry goods
fabrics and sewing supplies
florists and houseplant stores (indoor sales only-outdoor sales are "Building and Landscape Materials Sales")
hobby materials
jewelry
luggage and leather goods
musical instruments, parts and accessories
orthopedic supplies
religious goods
small wares
specialty shops
sporting goods and equipment
stationery
toys and games
variety stores
Golf Course, Country Club. Golf courses, and accessory facilities and uses including: clubhouses with bar and restaurant, locker and shower facilities; driving ranges; "pro shops" for on-site sales of golfing equipment; and golf cart storage and sales facilities.

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.

Grocery Store. A retail business where the majority of the floor area open to the public is occupied by food products packaged for preparation and consumption away from the store. 12

Article 9 Glossary
Guest House. A detached structure accessory to a single-family dwelling, accommodating living/sleeping quarters, but without kitchen or cooking facilities.

H. Definitions, "H."
Habitable Space. Space within a dwelling unit for living, sleeping, eating, or cooking.

Health/Fitness Facility. A fitness center, gymnasium, health and athletic club, which may include any of the following: sauna, spa or hot tub facilities; indoor tennis, handball, racquetball, archery and shooting ranges and other indoor sports activities. Does not include adult entertainment businesses.

Height. See Section 4-30-040 (Height Limits and Exceptions).

Home Occupation. The conduct of a business within a dwelling unit or residential site, employing only the occupants of the dwelling, with the business activity being subordinate to the residential use of the property.

Hotel or Motel. 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.

Household Pets. The keeping/raising of birds, cats, dogs, or other common household pets, as determined by the Director, accessory to a residential use.

Housing Element Site Inventory. The list of specific sites that are available and suitable for residential development, consistent with Government Code Section 65583.2(i\ and as identified in the City's most recent adopted General Plan Housing Element. Previous Site Inventories include those that were adopted prior to the most recent General Plan Housing Element.

Housing Site. A property or grouping of adjacent properties identified as a single site in the City's adopted General Plan Housing Element Site Inventory.

Vacant Housing Site. A site without any significant improvements or uses on it, such as houses, buildings, paved parking lot, etc
Nonvacant Housing Site.A site with significant improvements and/or uses on it, including permanent structures and income--producingtion improvements, such as crops, high voltage transmission lines, oil wells,etc
I. Definitions, "I."
Industrial Zoning District. Any of the industrial zoning districts established by Section 4-20-020 (Zoning Map and Zoning Districts).

Intensification of Use. A change in the use of a structure or site, where the new use is required by this Zoning and Subdivision 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."
No specialized terms beginning with the letter "J" are defined at this time.

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City of Gustine
Housing Element Implementation Zone Text Amendments Zoning_gnd_Subdivision Code K. Definitions, "K."
Kennel, Animal Boarding. A commercial facility for the grooming, keeping, boarding or maintaining of five or more dogs (four months of age or older), or five or more cats except for dogs or cats for sale in pet shops, or patients in animal hospitals. 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-Medical, Analytical, Testing. A facility for testing, analysis, and/or research.

Examples of this use include medical labs, soils and materials testing labs, and forensic labs.

Land Use. The purpose for which land or a structure is designed, arranged, intended, occupied, or maintained.

Land Use Permit. Authority granted by the City to use a specified site for a particular purpose. "Land Use Permit" includes Use Permits, Limited Term Permits, Variances, Design Review, Master Development Plans, and Zoning Clearances, as established by Article 6 (Planning Permit Procedures) of this Zoning and Subdivision Code.

Large Family Day Care Home. See "Day Care."
Laundry, Dry Cleaning Plant. A service establishment engaged primarily in high volume laundry and garment services, including: carpet and upholstery cleaners; diaper services; dry cleaning and garment pressing; commercial laundries; linen supply. These facilities may include accessory customer pick-up facilities. These facilities do not include coin-operated laundries or dry cleaning pick-up stores without dry cleaning equipment; see "Personal Services." 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.

Live/Work Unit. An integrated housing unit and working space, occupied and utilized by a single household in a structure, either single-family or multi-family, that has been designed or structurally modified to accommodate joint residential occupancy and work activity, and which includes:

1. Complete kitchen space and sanitary facilities in compliance with the Building Code; and

2. Working space reserved for and regularly used by one or more occupants of the unit.

Lot Area. Gross lot area is the total area included within the lot lines of a lot, exclusive of adjacent dedicated street rights of way. Net lot area is the gross area of the lot, exclusive of easements for streets or driveways that are not for the exclusive use of the lot on which the easement is located.

Lot, or Parcel. A recorded lot or parcel of real property under single ownership, lawfully created as required by applicable Subdivision Map Act and City ordinance requirements, including this Zoning and Subdivision Code. Types of lots include the following. See Figure 8-2(Lot Types). 14

Article 9 Glossary

1. Corner lot. A lot located at the intersection of two or more streets, where they intersect at an interior angle of not more than 135 degrees. If the intersection angle is more than 135 degrees, the lot is considered an interior lot.

2. Flag lot. A lot having access from the building site to a public street by means of private right-of-way strip that is owned in fee.

3. Interior lot. A lot abutting only one street.

4. Key lot. An interior lot, the front of which adjoins the side property line of a corner lot.

5. Reverse corner lot. A corner lot, the rear of which abuts a key lot.

6. Through lot. A lot with frontage on two generally parallel streets.

Figure 8-2 Lot Types
I I I l
-------4--------- -1--------:i- --- - . -- ---
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i ta'} ;
' ·.' :Fsou j Interior Loi L j ,
f '
---. 1------------ ·--
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Double Frontage Lot
Comar Lot
4 l
: I j Key Loi l c1:,:!:.5t_ • Interior • • l Lot \ }------I ; t ' t
; ! 'i ;
----� -: -- : ;----- r·-----+-. -- -- -- --
Lot Coverage. See "Site Coverage."
Lot Depth. The average linear distance between the front and the rear lot lines or the intersection of the two side lot lines if there is no rear line. See Figure 8-3 (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.

Comer
Lot
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City of Gustine
Housing -Element Implementation Zone Text Amendments Zoning_and Subdivision Code Figure 8-3 Lot Features
Street Side
Lot Lino
Gross Lot
Ares
Lo! p intarior S»
Ooplh Lot Lot Line
Wiuth
t wau
Rear Loi
Lino "
i Avcr.19'
Distance Midway
Between Bcfwcct
Fend and Fret an
Rosr Lat Rear Lct
+ LinoS Lines
ti
Frontage l
Frot Lot
Lhne
Lot Line or Property Line. Any recorded boundary of a lot. Types of lot lines are as follows (see Figure 8-3 (Lot Features)):

1. Front Lot Line. On an interior lot, the property line separating the parcel from the street.

The front lot line on a corner lot is the line with the shortest frontage. (If the street-fronting lot lines of a corner lot are equal in length, the front lot line shall be determined by the Director.) On a through lot, both lot lines are front lot lines and the lot is considered to have no rear lot line.

2. Interior Lot Line. Any lot line not abutting a street.

3. Rear Lot Line. A property line that does not intersect the front lot line, which is most distant from and most closely parallel to the front lot line.

4. Side Lot Line. Any lot line that is not a front or rear lot line.

Lot Width. The horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. See Figure 8-2 (Lot Features).

The Director shall determine lot width for parcels of irregular shape.

Low Barrier Navigation Center. As per California Government Code Section 65660 a low barrier navigation center is a Housing First, low-barrier,service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services. shelter, and housing."Low Barrier" means best practices to reduce barriers to entry, and may include, but is not limited to, the following:

1. 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. Pets.
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3. The storage of possessions.

1.4.Privacy, such as partitions around beds in a dormitory setting or inlarger rooms containing more than two beds, or private rooms
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.

Manufacturing/Processing-Heavy. A facility accommodating manufacturing processes that involve and/or produce basic metals, building materials, chemicals, fabricated metals, paper products, machinery, textiles, and/or transportation equipment, where the intensity and/or scale of operations may cause significant impacts on surrounding land uses or the community.

Heavy manufacturing uses are not allowed within the City of Gustine except where limited varieties are included under the definition of "Manufacturing - Intensive." Examples of heavy manufacturing uses include the following:

1. Chemical Product Manufacturing. An establishment that produces or uses basic chemicals, and other establishments creating products predominantly by chemical processes. Examples of these products include: basic chemicals, including acids, alkalies, salts, and organic chemicals; chemical products to be used in further manufacture, including synthetic fibers, plastic materials, dry colors, and pigments; and finished chemical products to be used for ultimate consumption, including drugs/pharmaceuticals, cosmetics, and soaps; or to be used as materials or supplies in other industries including paints, fertilizers, and explosives.

Also includes sales and transportation establishments handling the chemicals described above, except as part of retail trade.

2. Concrete, Gypsum, and Plaster Product Manufacturing. An establishment that produces bulk concrete, concrete building block, brick, and/or other types of precast and prefabricated concrete products. Also includes ready-mix concrete batch plants, lime manufacturing, and the manufacture of gypsum products, including plasterboard. A retail ready-mix concrete operation as an incidental use in conjunction with a building materials outlet is defined under "Building and Landscape Materials Sales."

3. Glass Product Manufacturing. An establishment that manufactures glass and/or glass products by melting silica sand or cul let, including the production of flat glass and other glass products that are pressed, blown, or shaped from glass produced in the same establishment. Artisan and craftsman type operations of a larger scale than home occupations are instead included under ("Manufacturing - Light - Handcraft Industries and Small-Scale Manufacturing").

4. Paving and Roofing Materials Manufacturing. The manufacture of various common paving and petroleum-based roofing materials, including bulk asphalt, paving blocks made of asphalt, creosote wood, and various compositions of asphalt and tar. Does not include the manufacture of wood roofing materials (shingles, shakes, etc.) ("Lumber and Wood Product Manufacturing").

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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 Utility Facilities"), or petroleum product distributors ("Petroleum Product Storage and Distribution").

6. Plastics, other Synthetics, and Rubber Product Manufacturing. The manufacture of rubber products including: tires, rubber footwear, mechanical rubber goods, heels and soles, flooring, and other rubber products from natural, synthetic, or reclaimed rubber. Also includes establishments engaged primarily in manufacturing tires; products from recycled or reclaimed plastics or styrofoam; molding primary plastics for other manufacturers, manufacturing miscellaneous finished plastics products, fiberglass manufacturing, and fiberglass application services. Does not include establishments engaged primarily in recapping and retreading automobile tires ("Vehicle Services - Major Repair/Body Work").

7. Primary Metal Industries. An establishment engaged in: the smelting and refining of ferrous and nonferrous metals from ore, pig, or scrap; the rolling, drawing, and alloying of metals; the manufacture of castings, forgings, stampings, extrusions, and other basic metal products; and the manufacturing of nails, spikes, and insulated wire and cable. Also includes merchant blast furnaces and by-product or beehive coke ovens.

8. Pulp and Pulp Product Manufacturing. An establishment that manufactures pulp, paper, or paperboard. Includes pulp, paper, and paperboard mills. Does not include establishments primarily engaged in converting paper or paperboard without manufacturing the paper or paperboard, including envelope manufacturing, converted paper products, paper coating and glazing, paper bags, assembly of paperboard boxes, wallpaper ("Manufacturing - Light" - Paper Product Manufacturing).

9. Textile and Leather Product Manufacturing. An establishment that converts basic fibers (natural or synthetic) into a product, including yarn or fabric, that can be further manufactured into usable items ("Manufacturing - Light - Clothing and Fabric Product Manufacturing"), and industries that transform hides into leather by tanning or curing.

Includes:
• coating, waterproofing, or otherwise treating fabric
• dressed and dyed furs
• dying and finishing fiber, yarn, fabric, and knit apparel • leather-tanned, curried, and finished
• manufacture of knit apparel and other finished products from yarn • manufacture of felt goods, lace goods, non-woven fabrics and miscellaneous textiles manufacturing of woven fabric, carpets, and rugs from yarn • preparation of fiber and subsequent manufacturing of yarn, threads, braids, twine cordage
scouring and combing plants
• upholstery manufacturing
• yarn and thread mills
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Manufacturing/Processing-Medium Intensity. A facility accommodating manufacturing processes that involve and/or produce building materials, fabricated metal products, machinery, and/or transportation equipment, where the intensity and/or scale of operations is greater than those classified under "Manufacturing - Light," but where impacts on surrounding land uses or the community can typically be mitigated to acceptable levels. Examples of intensive manufacturing uses include the following.

1. Lumber and Wood Product Manufacturing. Manufacturing, processing, and sales involving the milling of forest products to produce rough and finished lumber and other wood materials for use in other manufacturing, craft, or construction processes. Includes the following processes and products:
■ containers, pallets and skids
■ manufactured and modular homes
■ matches (wood)
■ milling operations
■ trusses and structural beams
■ turning and shaping of wood products
■ wholesaling of basic wood products
■ wood product assembly
Does not include craft-type shops ("Handcraft Industries and Small-Scale Manufacturing"); other wood and cabinet shops ("Furniture and Fixture Manufacturing, Cabinet Shops"); or the entirely indoor retail sale of building materials, construction tools and equipment ("Building and Landscape Materials Sales").

2. Machinery Manufacturing. An establishment that makes or processes raw materials into finished machines or parts for machines. Does not include the manufacture of electronics, equipment, or appliances ("Electronics, Equipment, and Appliance Manufacturing").

3. 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

4. Motor Vehicles and Transportation Equipment. Manufacturers of equipment for transporting passengers and cargo by land, air and water, including motor vehicles, aircraft, spacecraft, ships, boats, railroad and other vehicles such as motorcycles, bicycles and snowmobiles. Includes manufacture of motor vehicle parts and accessories; trailers and campers for attachment to other vehicles; self-contained motor homes; and van conversions. Does not include mobile home and modular home assembly (listed under "Lumber and Wood Products").

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5. Stone and Cut Stone Product Manufacturing. An establishment that cuts, shapes, and/or finishes marble, granite, slate, and/or other stone for construction and miscellaneous uses.

Does not include establishments engaged primarily in buying or selling partly finished monuments and tombstones ("Handcraft industries, Small-scale Manufacturing").

6. Structural Clay and Pottery Product Manufacturing. An establishment that produces brick and structural clay products, including pipe, china plumbing fixtures, vitreous china articles, and/or fine earthenware and porcelain products. Does not include artist/craftsman uses (see "Handcraft Industries and Small Scale Manufacturing," "Home Occupations").

Manufacturing/Processing-Light. A facility accommodating manufacturing processes involving and/or producing: apparel; food and beverage products; electronic, optical, and instrumentation products; ice; jewelry; and musical instruments. Light manufacturing also includes other establishments engaged in the assembly, fabrication, and conversion of already processed raw materials into products, where the operational characteristics of the manufacturing processes and the materials used are unlikely to cause significant impacts on surrounding land uses or the community. Examples of light manufacturing uses include the following.

1. Clothing and Fabric Product Manufacturing. An establishment that assembles clothing, draperies, and/or other products by cutting and sewing purchased textile fabrics, and related materials including leather, rubberized fabrics, plastics and furs. Does not include custom tailors and dressmakers not operating as a factory and not located on the site of a clothing store (see "Personal Services"). See also, "Manufacturing - Heavy - Textile and Leather Product Manufacturing."

2. Electronics, Equipment, and Appliance Manufacturing. An establishment that manufactures equipment, apparatus, and/or supplies for the generation, storage, transmission, transformation and use of electrical energy, including:
• appliances including stoves/ovens, refrigerators, freezers, laundry equipment, fans, vacuum cleaners, sewing machines
• aviation instruments
• computers, computer components, peripherals
• electrical transmission and distribution equipment
• electronic components and accessories, semiconductors, integrated circuits, related devices
• electrical welding apparatus
• lighting and wiring equipment such as lamps and fixtures, wiring devices, vehicle lighting • industrial controls
• instruments for measurement, testing, analysis and control, associated sensors and accessories
• miscellaneous electrical machinery, equipment and supplies such as batteries, X-ray apparatus and tubes, electromedical and electrotherapeutic apparatus, electrical equipment for internal combustion engines
• motors and generators
• optical instruments and lenses
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Article 9 Glossary
• photographic equipment and supplies
• radio and television receiving equipment
• surgical, medical and dental instruments, equipment, and supplies • storage media, blank and pre-recorded, including magnetic, magneto-optical, and optical products such as compact disks (CDs), computer diskettes and hard drives, digital versatile disks (DVDs), magnetic tape products, phonograph records, etc. • surveying and drafting instruments
• telephone and telegraph apparatus
• transformers, switch gear and switchboards
• watches and clocks
• Does not include testing laboratories (soils, materials testing, etc.) (see "Business Support Services"), or research and development facilities separate from manufacturing (see "Research and Development").

3. Food and Beverage Product Manufacturing. Manufacturing establishments producing or processing foods and beverages for human consumption, and certain related products.

Examples of these uses include:
• bottling plants
• breweries
• candy, sugar and confectionery products
• manufacturing
• catering services separate from stores or
• restaurants
• coffee roasting
• dairy products manufacturing
• fats and oil product manufacturing
• fruit and vegetable canning, preserving, related processing • grain mill products and by-products
• meat, poultry, and seafood canning, curing, byproduct processing • soft drink production
• miscellaneous food item preparation from raw products Does not include: bakeries, which are separately defined; or beer brewing as part of a brew pub, bar or restaurant (see "Bar/Tavern," and "Night Club").

4. Handcraft Industries, Small-Scale Manufacturing. Establishments manufacturing and/or assembling small products primarily by hand, including jewelry, pottery and other ceramics, as well as small glass and metal art and craft products, and taxidermists. Also includes manufacturing establishments producing small products not classified in another major manufacturing group, including: brooms and brushes; buttons, costume novelties; jewelry; musical instruments; pens, pencils, and other office and artists' materials; sporting and athletic goods; toys; etc.

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5. Paper Product Manufacturing. An establishment that converts pre-manufactured paper or paperboard into boxes, envelopes, paper bags, wallpaper, etc., and/or that coats or glazes pre-manufactured paper. Does not include the manufacturing of pulp, paper, or paperboard (see "Manufacturing - Heavy - Pulp and Pulp Product Manufacturing").

6. Photo/Film Processing Lab. A facility that provides high volume and/or custom processing services for photographic negative film, transparencies, and/or prints, where the processed products are delivered to off-site retail outlets for customer pick-up. Does not include smallscale photo processing machines accessory to other retail businesses.

Map Act. See "Subdivision Map Act."
Media Production. Facilities for motion picture, television, video, sound, computer, and other communications media production. These facilities include the following types.

1. Backlots/outdoor facilities. Outdoor sets, backlots, and other outdoor facilities, including supporting indoor workshops and craft shops.

2. Indoor support facilities. Administrative and technical production support facilities, including administrative and production offices, post-production facilities (editing and sound recording studios, foley stages, etc.), optical and special effects units, film processing laboratories, etc.

3. Soundstages. Warehouse-type facilities providing space for the construction and use of indoor sets, including supporting workshops and craft shops.

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 four or more licensed practitioners and/or medical specialties • out-patient care facilities
• urgent care facilities
• other allied health services
These facilities may also include accessory medical laboratories. Counseling services by other than medical doctors or psychiatrists are included under "Offices - Professional." Medical Services-Doctor Office. A facility other than a hospital where medical, dental, mental health, surgical, and/or other personal health care services are provided on an outpatient basis, and that accommodates no more than three licensed primary practitioners (for example, chiropractors, medical doctors, psychiatrists, etc.) within an individual office suite. Counseling services by other than medical doctors or psychiatrists are included under "Offices - Professional."
Medical Services-Extended Care. Residential facilities providing nursing and health-related care as a primary use with in-patient beds. Examples of these uses include: board and care homes; convalescent and rest homes; extended care facilities; and skilled nursing facilities.

Long-term personal care facilities that do not emphasize medical treatment are included under "Residential Care."
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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").

Mixed-Use Project. A project that combines both commercial and residential uses, where the residential component is typically located above the commercial.

Mobile Home. A trailer, transportable in one or more sections, that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, which is over eight feet in width and 40 feet in length, with or without a permanent foundation and not including recreational vehicle, commercial coach or factory-built housing. A mobile home on a permanent foundation is included under the definition of "Single-Family Dwellings." Mobile Home Park. Any site that is planned and improved to accommodate two or more mobile homes used for residential purposes, or on which two or more mobile home lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobile homes used for residential purposes. May include a common storage area for recreational vehicles owned by residents only.

Mobile Home, RV, and Boat 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.

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 "Hotel or Motel."
Multi-Family Housing. A dwelling unit that is part of a structure containing one or more other dwelling units, or a non-residential use. An example of the latter is a mixed-use project where, for example, one or more dwelling units are part of a structure that also contains one or more commercial uses (retail, office, etc.). Multi-family dwellings include: duplexes, triplexes, fourplexes (buildings under one ownership with two, three or four dwelling units, respectively, in the same structure); apartments (five or more units under one ownership in a single building); and City house development (three or more attached dwellings where no unit is located over another unit).

N. Definitions, "N."
Natural, or Existing Grade. The contour of the ground surface before grading.

Negative Declaration. A statement describing the reasoning that a proposed action will not have a significant adverse effect on the environment, in compliance with the California Environmental Quality Act (CEQA).

Neighborhood Market. A retail store of 3,500 square feet or less in gross floor area, which carries a range of merchandise oriented to convenience shopping needs.

Night Club. A facility serving alcoholic beverages for on-site consumption, and providing entertainment, examples of which include live music and/or dancing, comedy, etc.

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Housing Element Implementation Zone Text AmendmentsZoning_and Subdivision Code Nonconforming Parcel. A parcel that was legally created prior to the adoption of this Zoning and Subdivision Code or amendment, but does not comply with the current area, width, depth, or other applicable requirements of this Zoning and Subdivision Code.

Nonconforming Sign. A sign that lawfully existed prior to the effective date of this Zoning and Subdivision Code or amendment, but does not comply with the current sign regulations of this Zoning and Subdivision Code.

Nonconforming Structure. A structure that was legally constructed prior to the adoption or amendment of this Zoning and Subdivision Code, but does not comply with the current setback, height limit, and/or other applicable requirements of this Zoning and Subdivision 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 Zoning and Subdivision Code or amendment, but does not conform to the current Zoning and Subdivision Code requirements for allowable land uses within the applicable zoning district.

Non-prime agricultural land. Non-prime agricultural land consists of property used for the production of food or fiber, with soils that qualify for rating as classes Ill through VII in the Soil Conservation Service land capability classifications.

0. Definitions, "O."
Occupancy. All or a portion of a structure occupied by one tenant.

Off-Sale Liquor Establishment. Any establishment at which alcohol is sold, served, or given to patrons, to be consumed off-site, except food markets, supermarkets, drugstores, and other retail establishments in which the sale of alcohol for off-site use constitutes less than 20 percent of the total sales.

Off-Site. An activity or accessory use that is related to a specific primary use, but is not located on the same site as the primary use.

Office. This Zoning and Subdivision Code distinguishes between the following types of offices.

These do not include medical offices (see "Medical Service - Clinic, Laboratory, Urgent Care," and "Medical Service - Doctor Office.")

1. Accessory. Office facilities that are incidental and accessory to another business or sales activity that is the primary use.

2. Business/Service. Establishments providing direct services to consumers. Examples of these uses include employment agencies, insurance agent offices, real estate offices, travel agencies, utility company offices, etc. This use does not include "Bank, Financial Services," which are separately defined.

3. Government. Administrative, clerical, or public contact and/or service offices of a local, state, or federal government agency or service facilities. Includes post offices, but not bulk mailing distribution centers, which are under "Truck or Freight Terminal."

4. Processing. Office-type facilities characterized by high employee densities, and occupied by businesses engaged in information processing, and other computer-dependent and/or telecommunications-based activities. Examples of these uses include:
• airline, lodging chain, and rental car company reservation centers • computer software and hardware design and development 24

Article 9 Glossary
• consumer credit reporting
• data processing services
• health management organization (HMO) offices where no medical services are provided • insurance claim processing
• mail order and electronic commerce transaction processing • telecommunications facility design and management
• telemarketing

5. Professional. Office-type facilities occupied by businesses that provide professional services and/or engaged in the production of intellectual property. Examples of these uses include:
•
•
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•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
accounting, auditing and bookkeeping services
advertising agencies
attorneys
commercial art and design services
construction contractors (office facilities only)
counseling services
court reporting services
detective agencies and similar services
design services including architecture, engineering, landscape architecture, urban planning
educational, scientific and research organizations
financial management and investment counseling
literary and talent agencies
management and public relations services
media postproduction services
news services
photographers and photography studios
psychologists
secretarial, stenographic, word processing, and temporary clerical employee services security and commodity brokers
writers and artists offices

6. Temporary. A mobile home, recreational vehicle or modular unit used as a temporary office facility. Temporary Offices may include: construction supervision offices on a construction site or off-site construction yard; a temporary on-site real estate office for a development project; or a temporary business office in advance of permanent facility construction.

7. Temporary Real Estate. The temporary use of a dwelling unit within a residential development project as a sales office for the units on the same site, which is converted to residential use at the conclusion of its office use.

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Housing Element Implementation Zone Text AmendmentsZoning_gnd Subdivision Code Office-Supporting Retail. A retail store that carries one or more types of merchandise that will typically be of frequent interest to and/or needed by the various businesses listed under the definition of "Office," and/or the employees of those businesses. Examples of these types of merchandise include:
•
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•
•
•
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Books
Computer equipment
Flowers
Newspapers and magazines
Office supplies, stationery
Photographic supplies and cameras
On-Sale Liquor Establishment. Any establishment at which alcohol is sold, served, or given to patrons, to be consumed on-site.

On-Site. An activity or accessory use that is related to a specific primary use, which is located on the same site as the primary use.

Open Fencing. A barrier constructed of material which is transparent, such as glass, plastic panels or wrought iron, used in conjunction with recreation and seating areas.

Ordinary Maintenance and Repair. Work for which a Building Permit is not required, the purpose and effect of which is to correct deterioration of or damage to a structure or any part thereof and to restore the structure to its condition before the deterioration or damage.

Organizational House. A residential lodging facility operated by a membership organization for its members and not open to the general public. Includes fraternity and sorority houses, student dormitories, convents, monasteries, and religious residential retreats.

P. Definitions, "P."
Parking Facility. A surface parking lot or parking structure that is a primary use of a site.

Parcel. See "Lot, or Parcel."
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.
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Pedestrian Oriented Use. A land use that is intended to encourage walk-in customers and that generally does not limit the number of customers by requiring appointments or otherwise excluding the general public. A pedestrian oriented use provides spontaneous draw from sidewalk and street due to visual interest, high customer turnover, and social interaction.

Person. Any individual, firm, partnership, corporation, company, association, joint stock association; city, county, state, or district; and includes any trustee, receiver, assignee, or other similar representative thereof.

Personal Services. Establishments providing non-medical services to individuals as a primary use. Examples of these uses include:
• barber and beauty shops
• clothing rental
• dry cleaning pick-up stores with limited equipment
home electronics and small appliance repair
• laundromats (self-service laundries)
• locksmiths
massage (licensed, therapeutic, non-sexual)
pet grooming with no boarding
• shoe repair shops
• tailors
• tanning salons
These uses may also include accessory retail sales of products related to the services provided.

Personal Services-Restricted. Personal services that may tend to have a blighting and/or deteriorating effect upon surrounding areas and which may need to be dispersed to minimize their adverse impacts. Examples of these uses include:
• check cashing stores
• fortune tellers
• palm and card readers
• pawnshops
• psychics
• spas and hot tubs for hourly rental
• tattoo and body piercing services
Planning Commission. The City of Gustine Planning Commission, appointed by the Gustine City Council in compliance with Government Code Section 65101, referred to throughout this Zoning and Subdivision Code as the "Commission."
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 Draft 2024 27

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Housing Element Implementation Zone Text AmendmentsZoning_and_Subdivision Code "Residential Accessory Use or Structure"). The sale of house plants or other nursery products entirely within a building is also included under "General Retail." 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.

Primary Zoning District. The zoning district applied to a site by the Zoning Map, to which an overlay zoning district may also be applied.

Prime agricultural land. Means any of the following, in compliance with Williamson Act Section 51201:

1. All land that qualifies for rating as Class I or Class II in the Soil Conservation Service land capability classifications.

2. Land that qualifies for a rating of 80 through 100 in the Storie Index Rating.

3. Land that supports livestock used for the production of food and fiber and which has an annual carrying capacity equivalent to at least one animal unit per acre as defined by the United States Department of Agriculture.

4. Land planted with fruit- or nut-bearing trees, vines, bushes, or crops that have a non bearing period of less than five years and which will normally return during the commercial bearing period on an annual basis from the production of unprocessed agricultural plant production not less than $200 per acre.

5. Land that has returned from the production of unprocessed agricultural plant products an annual gross value of not less than $200 per acre for three of the previous five years.

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." Private Residential Recreation Facility. A privately-owned, non-commercial outdoor recreation facility provided for residential project or neighborhood residents, including swimming pools, swim and tennis clubs, park and sport court facilities. Does not include golf courses and country clubs, which are separately defined.

Production of food or fiber. Any type of commercial agricultural operation that produces food or fiber products, including but not limited to all types of: irrigated field crop production (vegetables, fruits, grains, seed crops, etc.), dry farming operations (grain, etc.), orchards and vineyards, berries, etc.; and animal raising operations such as the raising of cattle, fowl or poultry, goats, sheep, swine, or other animals used for food or clothing products; but not including timber production.

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.
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Article 9 Glossary
Public Buildings and Uses. Facilities owned and operated by the City, and/or State or Federal governments, or a local agency(e.g., a special district).

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.

Q. Definitions, "Q."
Qualifying Resident. A senior citizen or other person eligible to reside in senior citizen housing.

R. Definitions, "R."
Recreational Vehicle (RV). A motor home, travel trailer, truck camper, or camping trailer, with or without motive power, originally designed for human habitation for recreational, emergency, or other occupancy, which:

1. Contains less than 320 square feet of internal living room area, excluding built-in equipment, including wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms; and

2. Contains 400 square feet or less of gross area measured at maximum horizontal projections; and

3. Is built on a single chassis; and

4. Is either self-propelled, truck-mounted, or permanently towable on the highways without a towing permit.

Recreational Vehicle Park. A site where one or more lots are used, or are intended to be used, by campers with recreational vehicles or tents. Recreational vehicle parks may include public restrooms, water, sewer, and electric hookups to each lot and are intended as a higher density, more intensively developed use than campgrounds. May include accessory retail uses where they are clearly incidental and intended to serve RV park patrons only.

Recreational Use. For the purposes of Chapter 4-52 (Agricultural Preservation - Williamson Act Rules of Procedure), the use of land by the public, with or without charge, for walking, hiking, picnicking, camping, swimming, boating, fishing, hunting, or other outdoor games or sports for which facilities are provided for public participation.

Recycling Facility. This land use type includes a variety of facilities involved with the collection, sorting and processing of recyclable materials.

1. Collection facility. A center where the public may donate, redeem or sell recyclable materials, which may include the following, where allowed by the applicable zoning district:
a. Reverse vending machines;
b. Small collection facilities which occupy an area of 350 square feet or less and may include:
(1) A mobile unit;
(2) Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet; and
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Housing Element Implementation Zone Text AmendmentsZoning_and_ Subdivision Code (3) Kiosk-type units which may include permanent structures. c. Large collection facilities which occupy an area of more than 350 square feet and/or include permanent structures.

2. Mobile recycling unit. An automobile, truck, trailer, or van used for the collection of recyclable materials, carrying bins, boxes, or other containers.

3. Processing facility. A structure or enclosed space used for the collection and processing of recyclable materials for shipment, or to an end-user's specifications, by such means as baling, briquetting, cleaning, compacting, crushing, flattening, grinding, mechanical sorting, re-manufacturing and shredding. Processing facilities include the following types, both of which are included under the definition of "Scrap and Dismantling Yards," below:
a. Light processing facility occupies an area of under 45,000 square feet of collection, processing and storage area, and averages two outbound truck shipments each day.

Light processing facilities are limited to baling, briquetting, compacting, crushing, grinding, shredding and sorting of source separated recyclable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers; and b. A heavy processing facility is any processing facility other than a light processing facility.

4. 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. See "Collection Facility" above.

5. 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.

6. Reverse vending machine. An automated mechanical device which accepts at least one or more types of empty beverage containers and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value, as determined by State law.

These vending machines may accept aluminum cans, glass and plastic bottles, and other containers.

A bulk reverse vending machine is a reverse vending machine that is larger than 50 square feet, is designed to accept more than one container at a time, and issues a cash refund based on total weight instead of by container.

7. Scrap and dismantling yards. Outdoor establishments primarily engaged in assembling, breaking up, sorting, and the temporary storage and distribution of recyclable or reusable scrap and waste materials, including auto wreckers engaged in dismantling automobiles for scrap, and the incidental wholesale or retail sales of parts from those vehicles. Includes light and heavy processing facilities for recycling (see the definitions above). Does not include:
places where these activities are conducted entirely within buildings; pawn shops, and other secondhand stores; the sale of operative used cars; or landfills or other waste disposal sites. 30

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Religious Facility. A permanent facility operated by a religious organization exclusively for worship, or the promotion of religious activities, including accessory uses on the same site.

Examples of these types of facilities include churches, mosques, synagogues, and temples.

Examples of allowable accessory uses on the same site include living quarters for ministers and staff, facilities for child day care and religious instruction operated at the same time as religious services (where authorized by the same type of land use permit required for the religious facility itself). May also include fund-raising sales, bazaars, dinners, parties, or other indoor and outdoor events on the same site. Other facilities maintained by religious organizations, including full-time day care centers, full-time educational institutions, hospitals and other potentially related operations (for example, a recreational camp) are defined in this Chapter according to their respective activities. Does not include the temporary use of an approved public assembly facility (for example, a private meeting hall, community center, theater, or auditorium) by a congregation for religious meetings, which is instead defined under the type of meeting facility hosting the congregation.

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", or maintenance and repair activities that occur on the client's site, which are included under "Maintenance Service - Client Site Services."
Research and Development (R&D). A facility for scientific research, and the design, development and testing of electrical, electronic, magnetic, optical and computer and telecommunications components in advance of product manufacturing, and the assembly of related products from parts produced off-site, where the manufacturing activity is secondary to the research and development activities. Includes pharmaceutical, chemical and biotechnology research and development. Does not include soils and other materials testing laboratories (see "Laboratory"), or medical laboratories (see "Medical Service - Clinic, Laboratory, Urgent Care").

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
■ gazebos
■ greenhouses (non-commercial)
■ spas and hot tubs
■ storage sheds
■ studios
■ swimming pools
■ tennis and other on-site sport courts
■ workshops
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Housing Element implementation Zone TeAxt mendmentsZoning_qnd_Subdivision_Code Also includes the indoor storage of automobiles (including their incidental restoration and repair), personal recreational vehicles and other personal property, accessory to a residential use. Does not include: second units, which are separately defined; guest houses, which are included under the definition of second units; or home satellite dish and other receiving antennas for earth-based TV and radio broadcasts (see "Telecommunications Facilities").

Residential Care Facility, Seven or More Clients. See "Community Care Facility." Residential Care Facility, Six or Fewer Clients. See "Community Care Facility." Residential Care Facility for the Elderly (RCFE). Has the same meaning as in California Health and Safety Code Section 1569.2(c)(1), as it may be amended from time to time.

Residential Zoning District. Any of the residential zoning districts established by Section 4-20- 020 (Zoning Map and Zoning Districts).

Rest Stop. A public or private facility providing restrooms, sitting and/or picnic areas, traveler information kiosks, and similar facilities to serve the traveling public on Interstate 80.

Restaurant, Caf~, Coffee Shop. A retail business selling ready-to-eat food and/or beverages for on- or off-premise consumption. These include eating establishments where customers are served from a walk-up ordering counter for either on- or off-premise consumption ("counter service"); and establishments where customers are served food at their tables for on-premise consumption ("table service"), that may also provide food for take-out.

Review Authority. The individual or official City body (the Planning Director, Planning Commission, or City Council) identified by this Zoning and Subdivision Code as having the responsibility and authority to review, and approve or disapprove the permit applications described in Article 6 (Planning Permit Procedures).

Rooming or Boarding House. A dwelling or part of a dwelling where lodging is furnished for compensation to five or more persons living independently from each other. Meals may also be included. Does not include fraternities, sororities, convents, or monasteries, which are separately defined under "Organizational House."
S. Definitions, "S."
SB 35 Project. A_multifamily_housing development eligible for streamlined,ministerial approval process in accordance with California Government Code Section 65913.4 School. A public or private academic educational institution, including:
• boarding school
community college, college, or university
• elementary, middle, and junior high schools
• high school
• military academy
Also includes schools providing specialized education/training. Examples include the following:
• art school
• ballet and other dance school
• business, secretarial, and vocational school
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• computers and electronics school
• drama school
• driver education school
· • establishments providing courses by mail
• language school
• martial arts
• music school
• professional school (law, medicine, etc.)
• seminaries/religious ministry training facility
Also includes facilities, institutions and conference centers that offer specialized programs in personal growth and development, such as fitness, environmental awareness, arts, communications, and management. Does not include pre-schools and child day care facilities (see "Day Care"). See also the definition of "Studios - Art, Dance, Martial Arts, Music, etc." for smaller-scale facilities offering specialized instruction.

Second Hand Store. A retail store that buys and sell used products, including clothing, furniture and household goods, jewelry, appliances, musical instruments, business machines and office equipment, tools, motors, machines, instruments, firearms, or any similar secondhand articles or objects. Does not include bookstores ("Retail Stores"); secondhand farm and construction equipment ("Construction, Farm, and Heavy Equipment Sales"); junk dealers, or scrap/dismantling yards (:Recycling Facilities - Scrap and Dismantling Yards"); the sale of antiques and collectibles ("Retail Stores"); the sale of cars and other used vehicles ("Auto and Vehicle Sales, Leasing, and Rental, Used"); or pawnshops ("Personal Services - Restricted").

Second Unit. A-second permanent dwelling that is accessory to a primary dwelling on the same site. A second unit provides complete, independent lwing facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, sanitation, and parking, and if attached to the primary dwelling,is provided exterior access separate from the primary dwelling. Includes-guest houses.See "Accessory Dwelling Unit." Service Station. See "Gas Station," and "Vehicle Services." Setback. The distance by which a structure, parking area or other development feature must be separated from a lot line, other structure or development feature, or street centerline. See also "Yard," and Section 4-30-090 (Setback Regulations and Exceptions).

Shopping Center. A primarily retail commercial site with three or more separate businesses sharing common pedestrian and parking areas.

Sign. A structure, device, figure, display, message placard, or other contrivance, or any part thereof, situated outdoors or indoors, which is designed, constructed, intended, or used to advertise, or to provide information in the nature of advertising, to direct or attract attention to an object, person, institution, business, product, service, event, or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images. Does not include murals, paintings and other works of art that are not intended to advertise or identify any business or product. Types of signs include the following.

1. Abandoned Sign. A sign that no longer advertises a business, lessor, owner, product, service or activity on the premises where the sign is displayed.

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2. Animated or Moving Sign. A sign which uses movement, lighting, or special materials to depict action or create a special effect to imitate movement.

3. Awning Sign. A sign copy or logo attached to or painted on an awning.

4. Banner, Flag, or Pennant. Cloth, bunting, plastic, paper, or similar non-rigid material used for advertising purposes attached to a structure, staff, pole, line, framing, or vehicle, not including official flags of the United States, the State of California, and other states of the nation, counties, municipalities, official flags of foreign nations and nationally or internationally recognized organizations.

5. Bench Sign. Copy painted on a portion of a bench.

6. Cabinet Sign (Can Sign). A sign which contains all the text and/or logo symbols within a single enclosed cabinet and may or may not be internally illuminated.

7. Changeable Copy Sign. A sign designed to allow the changing of copy through manual, mechanical, or electrical means including time and temperature.

8. Directional Sign. A sign that is designed and erected solely for the purposes of directing vehicular and/or pedestrian traffic within a project.

9. Directory Sign. A sign for listing the tenants and their suite numbers of a multiple tenant structure or center.

10. Double-Faced Sign. A sign constructed to display its message on the outer surfaces of two identical and/or opposite parallel planes.

11. 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.

12. Flashing Sign. A sign that contains an intermittent or sequential flashing light source.

13. 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.

14. Illegal Sign. A sign that includes any of the following:
a. A sign erected without complying with all regulations in effect at the time of its construction or use;
b. A sign that was legally erected, but whose use has ceased, the structure upon which the display is placed has been abandoned by its owner, or the sign is not being used to identify or advertise an ongoing business for a period of not less than 90 days; c. A sign that was legally erected which later became nonconforming as a result of the adoption of an ordinance, the amortization period for the display provided by the ordinance rending the display conforming has expired, and conformance has not been accomplished;
d. A sign that was legally erected which later became nonconforming and then was damaged to the extent of 50 percent or more of its current replacement value; e. A sign which is a danger to the public or is unsafe; f. A sign which is a traffic hazard not created by relocation of streets or highways or by acts of the City; or
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g. A sign that pertains to a specific event, and five days have elapsed since the occurrence of the event.

15. Indirectly Illuminated Sign. A sign whose light source is external to the sign and which casts its light onto the sign from some distance.

16. 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.

17. 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.

18. Monument Sign. An independent, freestanding structure supported on the ground having a solid base as opposed to being supported by poles or open braces.

19. Multi-Tenant Sign. An identification sign for a commercial site with multiple tenants, displaying the names of each tenant on the site.

20. Nonconforming Sign. An advertising structure or sign which was lawfully erected and maintained prior to the adoption of this Zoning and Subdivision Code, but does not now completely comply with current regulations.

21. Off-Site Directional Sign. A sign identifying a publicly owned facility, emergency facility, or a temporary subdivision sign, but excluding real estate signs.

22. Off-Site Sign. A sign identifying a use, facility, service, or product which is not located, sold, or manufactured on the same premise as the sign or which identifies a use, service, or product by a brand name which, although sold or manufactured on the premise, does not constitute the principal item for sale or manufactured on the premise.

23. 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.

24. Pole/Pylon Sign. An elevated freestanding sign, typically supported by one or two poles or columns.

25. Portable sidewalk sign. An "A-frame" or "sandwich board" sign.

26. Portable Sign. A sign that is not permanently affixed to a structure or the ground.

27. Projecting Sign. A sign other than a wall sign suspending from, or supported by, a structure and projecting outward.

28. 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.

29. Roof Sign. A sign constructed upon or over a roof, or placed so as to extend above the edge of the roof.

30. Temporary Commercial Sign. Any temporary sign used to advertise or convey an image or message primarily for commercial or economic interests of the sign sponsor or sign owner, or to propose a commercial transaction of the intended audience. Temporary commercial sign shall not mean or include real estate signs or subdivision signs.

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31. Temporary Noncommercial Sign. Any temporary sign that is not a temporary commercial sign, for example signs used to display a message related to noncommercial uses and events. Temporary noncommercial sign shall not mean or include real estate signs or subdivision signs.

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 three feet of the window.

Sign Area. The entire area within a perimeter defined by a continuous line composed of right angles using no more than four lines which enclose the extreme limits of lettering, logo, trademark, or other graphic representation.

Sign Height. The vertical distance from the uppermost point used in measuring the area of a sign to the average grade immediately below the sign, including its base or the top of the nearest curb of the street on which the sign fronts, whichever measurement is the greatest.

Single-Family Dwelling. A building designed for and/or occupied exclusively by one family. Also includes factory-built, modular housing units, constructed in compliance with the Uniform Building Code (UBC), and mobile homes/manufactured housing units that comply with the National Manufactured Housing Construction and Safety Standards Act of 1974, placed on permanent foundations.

Single-Room Occupancy(SRO)lousing.lousing units-thatarerestricted.to-occupancy ofng more-than-two_persons-and-mayineludealitchenangd/or a-bathroom Single-Room Occupancy [SRO)Housing. Residential building that includes multiple single-room dwelling units that are the primary residence of their occupant or occupants.Units may include private kitchens and/or bathrooms or kitchens and bathrooms maybe shared, 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. Structure or building coverage includes the primary structure, all accessory structures (e.g., carports, garages, patio covers, storage sheds, trash dumpster enclosures, etc.) and architectural features (e.g., chimneys, balconies, decks above the first floor, porches, stairs, etc.). Structure/building coverage is measured from exterior wall to exterior wall.

Small Family Day Care Home. See "Day Care."
Social Service Organization. A public or quasi-public establishment providing social and/or rehabilitation services, serving persons with social or personal problems requiring special services, the handicapped, and the otherwise disadvantaged. Examples of this land use include:
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Article 9 Glossary
rehabilitation agencies. Includes organizations soliciting funds to be used directly for these and related services, and establishments engaged in community improvement and neighborhood development. Does not include day-care services, emergency shelters and transitional housing, or "Residential Care," which are separately defined.

Sports and Entertainment Assembly. A large-scale indoor or outdoor facility accommodating spectator-oriented sports, concerts, and other entertainment activities. Examples of this land use include amphitheaters, race tracks, stadiums and coliseums. May also include commercial facilities customarily associated with the above uses, including bars and restaurants, gift shops, video game arcades, etc.

Sports and Active Recreation Facility. Public and private facilities for various outdoor sports and other types of recreation, where the facilities are oriented more toward participants than spectators. Examples include:
• athletic/sport fields (e.g., baseball, football, softball, soccer) • health and athletic club outdoor facilities
• skateboard parks
• swimming pools
• tennis and other sport courts (e.g., handball, squash) 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. An area not within a building that is proposed or used for the storage of building materials, other supplies, equipment, or other materials, either as the primary use of a parcel or as storage accessory to another use.

Storage-Storage Yard. 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 "Truck or Freight Terminal").

Stream corridor. A horizontal distance of 100 feet measured from each side of the center line of the stream, totaling a width of 200 feet; or a horizontal distance of 50 feet measured from the top of each stream or creek bank, whichever is greater. The Commission may establish different horizontal measurements to match specific stream environments.

Stream or creek bank. The point where the break in slope occurs between a stream channel and surrounding topography.

Street. A public thoroughfare accepted by the City, which affords principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare except an alley as defined in this Subsection.

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Housing Element Implementation Zone TeAmen xt dmentsZoning_and_Subdivision Code 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 Zoning and Subdivision Code, the term "structure" includes "buildings," but does not include swimming pools.

Studio-Art, Dance, Martial Arts, Music, etc. Small scale facilities, typically accommodating one group of students at a time, in no more than one instructional space. larger facilities are included under the definition of "Schools - Specialized education and training." Examples of these facilities include: individual and group instruction and training in the arts; production rehearsal; photography, and the processing of photographs produced only by users of the studio facilities; martial arts training studios; gymnastics instruction, and aerobics and gymnastics studios with no other fitness facilities or equipment. Also includes production studios for individual musicians, painters, sculptors, photographers, and other artists.

Subdivision. The division, by any subdivider, of any unit or portion of land shown on the latest equalized Placer County assessment roll as a unit or contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way.

Subdivision includes the following, as defined in Civil Code Section 1315: a condominium project; a community apartment project; or the conversion of five or more existing dwelling units to a stock cooperative.

1. Common Interest Development. A development that is created whenever a separate interest coupled with an interest in the common area or membership in the association is, or has been, conveyed. Includes a condominium, community apartment project, planned development, or stock cooperative, in compliance with Civil Code 1351.

2. Community Apartment Project. A development in which an undivided interest in land is coupled with the right of exclusive occupancy of any apartment on the land, as defined in Business and Professions Code Section 11004, and Civil Code 1351(d).

3. Condominium. As defined by Civil Code Section 951(f), 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.

The area within the boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to any land except by easements for access and, if necessary, support.

4. Final Map. A subdivision map prepared in compliance with Subdivision Map Act, Article 2, Chapter 2, and approved in compliance with Subdivision Map Act, Article 4, Chapter 3, that is used to complete the subdivision of five or more parcels.

S. Improvement Standards. Standard Plans and Specifications and other standards approved by the City Engineer that shall govern the improvements to be constructed in compliance with this Development Code.

6. Improvements. Street work, storm drainage, utilities and landscaping to be installed, or agreed to be installed, by the subdivider or developer on the land to be used for public streets, highways, and easements, as are necessary for the general use of the lot owners and local traffic; or to other specific improvements or type of improvements, the installation of which, either by the subdivider, by developers, by public agencies, by private utilities, by any other entity approved by the City or by a combination thereof, is necessary or 38

Article 9 Glossary
convenient to insure conformity to or implementation of the General Plan or any applicable specific plan.

7. Lot Line Adjustment. As provided by Map Act Section 66412(d), a Lot Line Adjustment relocates one or more lot lines between two or more existing adjacent parcels, where land taken from one parcel is added to an adjacent parcel and where no more parcels are created than originally existed.

8. Merger. The process authorized by the Map Act for the combining of two or more adjacent parcels into a single parcel of record, whereby the intervening lot lines are eliminated.

9. Parcel Map. The subdivision map described by the Subdivision Map Act, Article 3, Chapter 2, which is required to complete a subdivision of four or fewer lots.

10. Planned Development. As defined by Civil Code Section 1351(k), a development (other than a community apartment project, condominium, or stock cooperative) having either or both of the following features:
a. The common area is owned either by an association or in common by the owners of the separate interests who possess appurtenant rights to the beneficial use and enjoyment of the common area; and/or
b. A power exists in the association to enforce an obligation of an owner of a separate interest with respect to the beneficial use and enjoyment of the common area by means of an assessment which may become a lien upon the separately owned parcel, or area in compliance with Civil Code Section 1367.

11. Remainder. As part of a proposed subdivision, a portion of a parcel that is left undivided when other portions of the parcel are divided for the purpose of sale, lease, or financing, in compliance with Map Act Section 66424.6.

12. Remainder, Designated. As part of a proposed subdivision, a portion of any unit or units of improved or unimproved land that are designated by the subdivider as a remainder that is not divided for the purpose of sale, lease, or financing, in compliance with Map Act Section 66424.6.

13. Stock Cooperative. A development defined by Business and Professions Code 11003.2 and Civil Code Section 1351(m), where a corporation is formed to hold title to improved real property and the shareholders in the corporation receive a right of exclusive occupancy in a portion of the real property.

14. 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.

15. Tentative Map. A map made for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it.

16. Vesting Tentative Map. A map that is filed and processed in the same manner as a Tentative Map except as otherwise provided by Section 16-124.080 (Vesting Tentative Maps) or the Map Act. A Vesting Tentative Map shall have the words "Vesting Tentative Map" printed conspicuously on its face at the time it is filed with the Department.

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Housing Element ImplementatZone Text AmionendmentsZoning nd Subdivision Code Supportive Housing. Has the same meaning as in California Government Code Section 65650(a), as it may be amended from time to time.

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.

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.

Theater, Auditorium. An indoor facility for public assembly and group entertainment, other than sporting events. Examples of these facilities include:
• civic theaters, and facilities for "live" theater and concerts • movie theaters
• similar public assembly facilities
See also "Sports and Entertainment Assembly."
Transit Station or Terminal. A passenger station for vehicular, and rail mass transit systems; also terminal facilities providing maintenance and service for the vehicles operated in the transit system. Includes buses, taxis, railway, etc.

Transitional Housing. Has the same meaning as in California Government Code Section 65582(), as it may be amended from time to time.

Truck or Freight Terminal. A transportation facility furnishing services incidental to air, motor freight, and rail transportation. Examples of these facilities include:
• freight forwarding services
• freight terminal facilities
• joint terminal and service facilities
• overnight mail processing facilities
• packing, crating, inspection and weighing services
• postal service bulk mailing distribution centers
• transportation arrangement services
• trucking facilities, including transfer and storage
U. Definitions, "U."
Use. See "Land Use."
Use, Primary. See "Primary Use."
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Utility Facility. A fixed-base structure or facility serving as a junction point for transferring electric utility services from one transmission voltage to another or to local distribution and service voltages, and similar facilities for water supply and natural gas distribution. These uses include any of the following facilities that are not exempted from land use permit requirements by Government Code Section 53091:
• corporation and maintenance yards.
• electrical substations and switching stations
• natural gas regulating and distribution facilities
• public water system wells, treatment plants and storage • telephone switching facilities
• wastewater treatment plants, settling ponds and disposal fields These uses do not include office or customer service centers (classified in "Offices").

Utility Infrastructure. Pipelines for water, natural gas, and sewage collection and disposal; and facilities for the transmission of electrical energy for sale, including transmission lines for a public utility company. Also includes telephone, telegraph, cable television and other communications transmission facilities utilizing direct physical conduits. Does not include offices or service centers (see "Offices - Business and Service"), or distribution substations (see "Utility Facility").

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, other body work, and painting services; tire recapping.

2. Minor Maintenance/Repair. Minor facilities providing limited repair and maintenance services. Examples include: attended and self-service car washes; detailing services; muffler and radiator shops; quick-lube services; tire and battery sales and installation (not including recapping).

Does not include automobile parking (see "Parking Facilities"), repair shops that are part of a vehicle dealership on the same site (see "Auto and Vehicle Sales and Rental," and "Mobile Home, RV, and Boat Sales and Rental"); gas stations, which are separately defined; or dismantling yards, which are included under "Recycling - Scrap and Dismantling Yards." Vehicle Storage. A service facility for the long-term storage of operative cars, trucks, buses, recreational vehicles, and other motor vehicles, for clients. Does not include dismantling yards (classified in "Recycling - Scrap and Dismantling Yards").

Veterinary Clinics, Animal Hospitals, Kennels. Office and indoor medical treatment facilities used by veterinarians, including large and small animal veterinary clinics, and animal hospitals.

Kennels and boarding operations are commercial facilities for the keeping, boarding or maintaining of four or more dogs four months of age or older, or four or more cats, except for dogs or cats in pet shops.

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Warehouse. See "Storage - Warehouse, Indoor Storage."
Warehouse Retail. A retail store that emphasizes the packaging and sale of products in large quantities or volumes, some at discounted prices, where products are typically displayed in their original shipping containers. Sites and buildings are usually large and industrial in character.

Patrons may be required to pay membership fees.

Wholesaling and Distribution. Establishments engaged in selling merchandise to retailers; to contractors, industrial, commercial, institutional, farm, or professional business users; to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Examples of these establishments include:
• agents, merchandise or commodity brokers, and commission merchants • assemblers, buyers and associations engaged in the cooperative marketing of farm products • merchant wholesalers
• stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment.

Also includes storage, processing, packaging, and shipping facilities for mail order and ecommerce retail establishments.

Williamson Act. The term "Williamson Act" means California Government Code Section 51200 et seq., as they may be amended from time to time.

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, 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 Zoning and Subdivision Code. See also "Setback," and Section 4-30-090 (Setback Regulations 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.
42

Article 9 Glossary
Z. Definitions, "Z."
Zero Lot Line. The location of a building on a lot in such a manner that one or more building sides rests directly on a lot line.

Zoning District. Any of the residential, commercial, public, or overlay districts established by Article 2 of this Zoning and Subdivision Code (Zoning Districts, Allowable Land Uses and Permit Requirements), 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.).

Zoning and Subdivision Code. The City of Gustine Zoning and Subdivision Code, Title 9 of the Gustine Municipal Code, referred to herein as "this Zoning and Subdivision Code." (Ord. No. 479, §§ 2-5, 3-6-18; Ord. No. 487, 55 5, 6, 12-4-18; Ord. No. 511, § 13, 10-19-21; Ord. No. 514, 55 5--11, 3-15-22)
Draft 2024 43

Chapter 4-12. Zoning Map
Chapter 4-12. Zoning Map
Sections
Sec.4-12-010. Purpose.

This Chapter establishes the zoning districts applied to property within the City and adopts the City's Zoning Map.

Sec. 4-12-020. Zoning Map and Zoning Districts.

The Council hereby adopts the City of Gustine Zoning Map (hereafter referred to as the "Zoning Map"), which is on file with the Department. The Zoning Map is hereby incorporated into this Zoning and Subdivision Code by reference as though it were fully included here.

A. Zoning Districts Established
The City of Gustine shall be divided into zoning districts that implement the Gustine General Plan. The zoning districts shown in Table 1-1 are hereby established, and shall be shown on the Zoning Map.

B. Interpretation of Zoning District Boundaries
If there is uncertainty about the location of any zoning district boundary shown on the official Zoning Map, the location of the boundary shall be determined by the Director as follows.

1. Where district boundaries approximately follow lot, alley, or street lines, the lot lines and street and alley centerlines shall be construed as the district boundaries;

2. If a district boundary divides a parcel and the boundary line location is not specified by distances printed on the Zoning Map, the location of the boundary will be determined by using the scale appearing on the Zoning Map; and

3. Where a public street or alley is officially vacated or abandoned, the property that was formerly in the street or alley will be included within the zoning district of the adjoining property on either side of the vacated or abandoned street or alley.

Draft 2024

City of Gustine
Zoning and Subdivision Code
Table 1-1 Zoning Districts
Zoning District Symbol Name of Zoning District General Plan Designation Implemented by Zoning District 2 Residential Districts
R-E
R-1
R-2
R-3
P-D
Commercial Districts
C-N
C-0
c-1
c-2
C-H
M
A-C
AP
p-L
Combining Districts
MU
Residential Estate
Single-Family Residential
Medium Density Residential
Multiple Residential
Medium/High Density
Muitiole Residential
High Density
Planned Development
Neighborhood Commercial
Office Commercial
Downtown Commercial
General Commercial
Highway Commercial
Manufacturing
Agricultural-Commercial
Airport
Public/Institutional
Mixed Use
Residential Estate
Low Density Residential
Medium Density Residential
Medium/High Density Residential
Mediumn/HignDensi,Pesidenta
Planned Development
Neighborhood Commercial
Office Commercial
Retail Business District
General and Service Commercial
Highway Commercial
Controlled Industrial
Manufacturing
Agricultural Commercial
Public
Public, Open Space
Mixed Use
Industrial and Public Districts
Controlled Industrial

Chapter 4-22. Residential Zoning Districts
Chapter 4-22. Residential Zoning Districts
Sections
Sec. 4-22-010. Purpose.

This Chapter lists the land uses that may be allowed within the residential zoning districts, determines the type of planning permit/approval required for each use, and provides basic standards for site layout and building size.

Sec. 4-22-020. Definitions of the residential zoning districts.

The definitions of each residential zoning district and the manner in which they are applied are as follows:

A. R-E (Residential Estate) Zoning District
The R-E district is applied to areas appropriate for large-lot, single-family residential development, together with limited agricultural uses. The maximum allowable density is two dwelling units per acre. The R-E zoning district is consistent with and implements the Residential Estate District land use designation of the General Plan.

B. R-1(Single-Family Residential) zoning district
The R-1 zoning district is applied to areas appropriate for neighborhoods of detached singlefamily homes, and related, compatible uses. The maximum allowable density is 2-7 dwelling units per acre. The R-1 zoning district is consistent with and implements the Low Density Residential land use designation of the General Plan.

C. R-2(Medium Density Residential) zoning district
The R-2 zoning district is applied to areas appropriate for neighborhoods with a mixture of housing types, including detached single-family homes, zero lot line homes, duplexes, and related, compatible uses. The maximum allowable density is 10 dwelling units per acre. The R-2 zoning district is consistent with and implements the Medium Density Residential land use designation of the General Plan.

D. R-3(Multiple Residential Medium/High Density) district The R-3 zoning district is applied to areas appropriate for a variety of housing types, including small-lot single-family housing, and various types of multi-family housing (for example, duplexes, triplexes, and townhouses). The maximum allowable density is 20 dwelling units per acre. The R-3 zoning district is consistent with and implements the Residential - Medium/High Density land use designation of the General Plan.

E. R-4(Multiple Residential High Density) district
The R-4 zoning district is applied to areas appropriate for a variety of higher-density housing types, including small-lot single-family housing, and various types of multi-family housing (for example, triplexes, quadplexes, townhouses,and apartments). The minimum allowable density Draft 2024

City of Gustine
Housing Element Implementation Zone Text AmendmentsZoninq_gnd_Subdivision_Code is 20 dwelling units per acre and the maximum allowable density is25 dwelling units per acre, The_R-4_zoning district is consistent with and implements the Residential-Medium/High Density land use designation of the General Plan,
F. P-D(Planned Development) district
The P-0 zoning district is applied to greenfield areas within the City that are intended for the development of new neighborhoods. As noted by the General Plan, "This use combines residential development densities to allow for a broad range of housing options, while trying to eliminate "cookie-cutter" housing. The P-D zoning district is also intended to provide for new neighborhoods that are based upon traditional neighborhood development (TND) design features. The P-D zoning district is consistent with and implements the Planned Development land use designation of the General Plan. Allowable density is 1 to 6 units per gross acre.

Sec. 4-22-030. Residential zoning district land uses and permit requirements.

Table 2-1 identifies the uses of land allowed by this Zoning and Subdivision Code in each residential zoning district, and the planning permit required to establish each use, in compliance with Section 4- 20-030 (Allowable Land Uses and Permit Requirements).

Note: Where the last column in the table ("Specific Use Regulations") includes a section number, the regulations in the referenced section apply to the use. Provisions in other sections of this Zoning and Subdivision Code may also apply.

Table 2-1 Allowed Land Uses and Permit Requirements for Residential Zoning Districts Land Use1
Permit Required by District
P-D'
Specific Use
Regulations
2 Agricultural accessory structure UP 4-44-020
Crop production, horticulture, orchard, vineyard p3 p3 - p4 -
Employee_housing,] pr more_clientsresidents[with P P - - - E. 4-44-220 - . -
no_more than36 beds ingroup quarters or12 units
or less)
Farm Animals UP - -
Recreation, Education and Public Assembly Uses
Golf course, country club UP p4
Public and Private Schools UP UP UP UP p4
Equestrian facility UP p4 4-44.030
Park, playground UP UP UP UP p4
Private residential recreation facility UP UP UP p4
Religious facility UP UP p4
Residential Uses
Accessory dwelling unit p p p -P 2 p4 4-44-140
Employee housing, 6 or fewer _gtdentsa#int p p p p4 4-44-220 Home occupation p p p p P p4 4-44-050
Mobile home - In mobile home park p p p p p4 4-44-080
Mobile home - Outside of mobile home park p p p p 4-44-070

Chapter 4-22. Residential Zoning Districts
PermitRequebyDistic specific use
Land Use! R-E R-1 R-2 R-3 4 P-D' Regulations
Mobile home park UP UP p4 4-44-080
Multi-family housing, 2 units p p 2 p4 4-44-090
Multi-family housing, 3 or 4 units UP p 2 p4 4-44-090
Multi-family housing, 5 or more units p 2 p4 4-44-090
Residential accessory use or structure p p p p 2 p4 4-44-020 Residential component of mixed use project UP UP p4 4-44-060 Rooming or boarding house UP UP UP
Single-family dwelling p p p -P -p> p4 4-30-090
Single-room occupancy housing UP UP
Supportive and transitional housing See Section 4-44-190 Retail Trade
Accessory retail and services UP UP p4
Neighborhood market -UP UP p4
Services
Community care facility -6 or fewer clients p p p p P p4 Community care facility- 7 or more clients UP UP UP uPP P UP4 Child day care - Small or large family day care p p p p P p4 home
Child day care center UP UP UP UP p4 4-44.040
Emergency Shelter .E. 4-44-210
Lo Barrier Navigation Center -P
Medical services - Extended care -UP UP p4
Public buildings and uses UP UP UP UP UP p
Residential care facility for the elderly (RCFE), 6 or p sP pP pP -P p4 fewer clients
Residential care facility for the elderly (RCFE), 7 or UP UP UP UPP 2 p4 more clients
Transportation, Communications and Infrastructure
Telecommunications facility s s s s S s 4-44.140, 4-46
Utility facility UP UP UP UP UP p4
Utility infrastructure p p p p 2 p4
Key to Zoning District Symbols
R-E Residential Estate p Permitted Use, Zoning Clearance required' R-1 Single-Family Residential UP Use Permit required°
R-2 Medium Density Residential 5 Permit requirement set by Specific Use Regulations R-3 Multiple Residential Medium/High Density Use not allowed R-4 Multiple Residential High Density
P-D Planned Development
See Article 9 for land use definitions.

Architectural Review may also be required; see Section 4-52-020. 'Allowed without Zoning Clearance if use complies with all other applicable requirements of the Municipal Code. 'Use allowed in the PD zoning district only when authorized through Planned Development Permit approval. 'Single family use permitted in R3 and R4 zones when developed as small lot housing Draft 2024 3

City of Gustine
Housing Element implementation Zone Txt Amendments Zoning_gnd_Subdivision_ode (Ord. No. 479, 5 6, 3-6-18; 0rd. No. 511, 5 5, 10-19-21; 0rd. No. 514, 5 1, 3-15-22) Sec. 4-22-040. Residential zoning district general development standards.

Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and established in compliance with the requirements of this Section, and those in Articles 3 and 4 of this Zoning and Subdivision Code.

A. Subdivision standards
A subdivision proposed within a residential zoning district shall comply with the standards in Table 2-2, except that where a different minimum lot size is required by Article 4 for a specific land use, the standards of Article 4 shall control.

Table 2-2 Residential Zoning District Minimum Lot Size
Minimum Lot Size
Width (feet)
Zoning District Area (Net in sf) Interior Lot Corner Lot Depth R-E 15,000 100 100 No less than 1.5
R-1 6000 60 65 times the width nor
r-:- more than 3 times
R-2 7,500° 60 65 the width
R-3 7,5001 60 65
R-4 4,000/ 60 65
PD 7,500 to 15,0001 65 65
A condominium, townhome, or planned developmentother_small lot hosing project may be subdivided with smaller parcels for ownership purposes, with the-a minimum lot area requirement determined through the subdiision-review processpf_2,00O, provided that the overall development site complies with the lot area requirements of this Chapter, and the total number of dwellings is in compliance with the minimum and maximum density established by underlying General Plan designation.

B. Site planning and building standards, R-E, R-1, R-2, and R-3, and R-4 zones.

Development proposed within the R-E, R-1, R-2, and-R-3, and_R-4 zones shall comply with the standards in Table 2-3; except that where different standards are required by Article 4 for a specific land use, the standards of Article 4 shall control.

C. Standards for the P-D zone.

Proposed subdivisions, development, and new land uses within the P-D zone shall comply with the standards adopted as part of the approved Planned Development Permit or specific plan, as applicable. See Section 4-22-050 (P-D District Development Standards).

D. Use of substandard parcel
A parcel within the R-E, R-1, R-2, 0rR-3, R-4 zones that is substandard with respect to the requirements for new parcels in Subsection A. may be developed only with one single-family dwelling, provided that the parcel was in single ownership on June 21, 1965. No new structure shall be allowed on a substandard parcel if the parcel was acquired from the owner of record of contiguous property, or the contiguous owner's transferee after June 21, 1965. Refer to Section 4-72-060.
4

Chapter 4-22. Residential Zoning Districts
Table 2-3 Residential Zoning District Development Standards Requirements R-2
R-E R-1 Medium R-3 RR4 PD
Development Residential Single-Family Density Multiple {Multiple Planned Feature Estate Residential Residential Residential [email protected] Development Residential Maximum number of dwelling units allowed in a project. The actual number of units density allowed will be determined by-the City-through subdiwwsion-or- planning permit approval, as-applicable
6 dwellings per
gross acre
25dwellings per
acre
2g_dwellings per
acre
20 dwellings
per acre
1 10 dwellings
per acre
10 dwellings
per acre
6 dwellings
per gross acre
£each legal
parcel in a
residentiai
zoning district
wih+ be
allowed one
single family
dwelling
regardless of
lot area,in
compliance
with Section
422040D.
and4 72-
060-'
Minimum and, where noted, maximum setbacks required. See Section 4-30-090 for exceptions to these requirements, and Chapter 4-42 for setback requirements that apply to specific land uses.
2 dwellings
per acre
Maximum
density as per
General Plan
Minimum
density allowed
Setbacks
Maximum allowable height of structures. See Section 4-30-040 (Height Limits and Exceptions) for height measurement requirements, and height limit exceptions.

See 4-44-020 (Accessory Buildings and Uses) and 4-44-030 (Residential Accessory Uses and Structures)
Maximum percentage of total lot area that may be covered by structures See Chapter 4-34 (Landscaping Standards)
See Chapter 4-36 (Parking and Loading)
See Chapter 4-38 (Signs)
151 30 ft
20 ft
15 25 ft
15 20 ft, 1,000 sf
left uncovered
on rear % of lot
35%
30 ft
70%
35 ft
60%
35 ft
15 ft
5 ft
50%
20 30 ft
15 ft
15 ft
40%
30 ft
20ft
10 ft, 800 sf
left
uncovered on
rear½ of lot
Front 30 ft
Sides - Interior 20 ft
Side - Street side 25 ft
Rear 20 ft, 1,000 sf
left
uncovered on
rear % of lot
Accessory
structures
Lot coverage
35%
Height limit
Maximum height 30 ft
Landscaping
Parking
Signs
perils±nlris ndcendrenr19ply wo-a+ior(able u' e +ts{++RN,+RI-.+.-)-nil45A36l-3.theouii4earl, a50lloe. 1} he 1owabl -density-or each site ia+ nnwam 2gs sper acre and ma»nu +us zpe acre;-?23 ercent-or the deyeiopr t nee:hsjt, must be owner oe: pied m or eatasmuiri-ram'y us 5 th. jfr 25cola15; 11ill +ju-lorn+ninth5ea+He Derito »+- Rt.e 9o-on'.a4on+±+ +Ee!il, ple !! ther sere+ionofrMwew-opf pr6wait
(Ord. No. 479, 5 7, 3-6-18; 0rd. No. 492, 5 2, 7-2-19)
Draft 2024 5

City of Gustine
Housing Element Implementation lone Text Amendments Zoning_and_Subdivision Code Sec. 4-22-050. P-D district development standards.

Proposed development and new land uses within the P-D zoning district shall be planned and designed in compliance with the standards of this Section.

A. Permit requirements
Development within a P-D zoning district shall be authorized through the City approval of:

1. A specific plan in compliance with the requirements of Government Code Section 65450 et seq., the design objectives of Subsection B., and all other applicable requirements of this Zoning and Subdivision Code; or

2. A Master Plan and Precise Development Plan approved in compliance with Section 4-52-080 (Master Plan and Precise Development Plan).

The specific plan or Master Plan/Precise Development Plan shall determine the specific allowable land uses and development standards applicable to the proposed site.

B. Design objectives.

Proposed development and new land uses within the P-D zoning district shall be designed to provide complete, pedestrian-oriented neighborhoods, with the following characteristics.

1. A distinct neighborhood center that provides a neighborhood square, green, or park, together with a civic facility such as a community center or school. The neighborhood center shall be located so that a minimum of 80% of the dwellings within the new neighborhood are within one-fourth mile of the center.

2. Streets with sidewalks, and planter strips between curb and sidewalk, planted and maintained with canopy street trees.

3. An interconnected street system that provides multiple pedestrian and vehicle access points between each new neighborhood and the existing community street system.

4. A variety of housing types, including detached single-family homes of varying sizes and design, together with lower density multi-family housing, provided that multi-family housing may only include single-story uses, or townhouses, but shall not include stacked flats. The density of housing shall be highest adjacent to neighborhood centers, and shall be the lowest at neighborhood edges.

5. All buildings designed so that they address the street, with residential structures designed to locate only habitable interior space adjacent to street setbacks. Garages shall be set back from building facades adjacent to streets, and accessed by driveways from the street, or from alleys.

6. Developments within the PD Zone District may deviate from lot sizes and other development standards where a higher quality development with unique amenities are proposed. Higher quality development and unique amenities shall be determined by the City Council and as may be recommended by the Planning Commission.

Sec.4-22-070. Required Replacement of Affordable Units
A. Replacement housing shall be provided on the site of a housing develooment as reauired by California Government Code Section65583 2(g)~) which meets the following conditions 6

Chapter 4-22. Residential Zoning Districts
a. Rental housing is now located_pr as locatedonthesiteatanytimeinthefie.year period preceding the date of submittal of_the density bonus application; and b. The_rental_housingisor was during that fie-year period; __ Subject to a recorded_covenant,ordinance,orlawrestricting rentstoleyelsaffordable_to very-low-and_lower-income households;or
d. Subject to any form of public rent or price control; or g_ Occupied by very-low-pr lower-income households
3_ A5required by California Government Code Section655832(g63]replacement units shall be; a. Affordable to the same or lower income level as a condition of any development on the site:
and
a. Consistent with the criteria setforthinset forth in Government Code Section65915(_)~3 b.

Sec. 4-22-080. Permitted Lower Income Housing
A. The Director shall prepare and maintain a list of lots that meet the requirements of Government Code Ssection65583.2(c)and65583.2(h), a copy of which shall be available in the office of the Director and the Ceity's website,
B. Residential development that includes at least20 percent of the units as housing affordable to lower--income households shall be permitted on lots that meet the requirements of Government Code Ssection 65583.2(c)(h) and(i) shall be permitted by-night. The development shall provide at least sixteen16) dwelling units per site and haye aminimum density of twenty[20) dwelling units per acre,
C. Sites must comply with the development standards of their designated zoning district.

Draft 2024 7

Chapter 4-24. Commercial Zoning Districts
Chapter 4-24. Commercial Zoning Districts
Sections
Sec. 4-24-010. Purpose.

This Chapter lists the land uses that may be allowed within the commercial zoning districts, determines the type of planning permit/approval required for each use, and provides basic standards for site layout and building size.

Sec. 4-24-020. Definitions of commercial zoning districts.

The purposes of the individual Commercial Zoning Districts and the manner in which they are applied are as follows.

A. C-N (Neighborhood Commercial) district.

The C-N zoning district is applied to areas appropriate for convenience and commercial activities that are located in the vicinity of residential neighborhoods and are oriented to primarily serving them. The C-N zoning district is consistent with and implements the Neighborhood Commercial land use designation of the General Plan.

B. C-O(Office Commercial) district
The C-O zoning district is applied to areas appropriate primarily for office uses, and limited supporting commercial uses. The C-0 zoning district is consistent with and implements the Office Commercial land use designation of the General Plan.

C. C-1(Downtown Commercial) district
The C-1 zoning district is applied to the central commercial core and includes a full range of retail services and professional and governmental offices. The C-1 zoning district is consistent with and implements the Retail Business land use designation of the General Plan.

D. C-2(General Commercial) district.

The C-2 zoning district is applied to areas appropriate for a mixture of commercial and light industrial activities. The C-2 zoning district is consistent with the General and Service Commercial land use designation of the General Plan.

E. C-H(Highway Commercial) district.

The C-H zoning district is applied to areas of high automobile access and is designed to accommodate auto-oriented commerce and the needs of highway travelers. The C-H zoning district is consistent with and implements the Highway Commercial land use designation of the General Plan.

Draft 2024

City of Gustine
City of Gustine Zoning and Subdivision Code
Sec. 4-24-030. Commercial zoning district land uses and permit requirements.

Table 2-4 identifies the uses of land allowed by this Zoning and Subdivision Code in the Commercial Zoning Districts, and the planning permit required to establish each use, in compliance with Section 4-20-030 (Allowable Land Uses and Permit Requirements).

Note: Where the last column in the table ("Specific Use Regulations") includes a section number, the regulations in the referenced section apply to the use. Provisions in other sections of this Zoning and Subdivision Code may also apply.

Table 2-4 Allowed Land Uses and Permit Requirements for Commercial Zoning Districts Permit Required by District S pe
;r, t crc se
Land Use! C-N C-O C-1 C-2 CH Regulations
Industry, Manufacturing and Processing, Wholesaling
Agricultural product processing UP
Artisan/craft product manufacturing UP UP
Construction contractors p
Furniture and fixtures manufacturing, cabinet shop p
Industrial research and development p
Laboratory- Medical, analytical
%.
p
Laundry, dry cleaning plant UP
Manufacturing/processing Light p
Media production p
Printing and publishing p
Recycling - Reverse vending machines
1 p p
Recycling Small collection facility p
.,...-
Storage - Outdoor UP UP 4-44-110
Storage - Personal storage facility (mini-storage) UP UP Storage -RV and boat UP 4-44-120
Storage - Warehouse, indoor storage UP
Wholesaling and distribution p
Winery UP
Recreation, Education and Public Assembly Uses
Bar/tavern UP UP UP
Club, lodge, private meeting hall UP UP UP UP
Commercial recreation facility- Indoor UP UP UP
Commercial recreation facility- Outdoor UP
Community center UP UP p p UP
Conference/convention facility UP UP
Fitness/health facility UP UP UP p p
Library, museum UP UP p p UP
Night club UP UP UP
Park, playground p p p p p
2

Chapter 4-24. Commercial Zoning Districts
Permit Required by District Specific Use
Land Use! C-N C-o C-1 C-2 C-H Regulations
Religious facility UP UP UP
School -- Elementary, middle, secondary
School - Specialized education/training UP UP UP UP
Sports and entertainment assembly facility UP UP
Studio - Art, dance, martial arts, music, etc. p p p p p Theater, auditorium UP UP UP
Residential Uses
Emergency shelter UP UP UP
Home occupation p p p p p 4-44-050
Live/work unit p p UP UP
Multi-family housing
Residential care facility for the elderly (RCFE) UP UP
Residential care facilityCommunity_care_facility, Z UP UP UP UP or more clients
Residential units in a mixed-use project p p p p 4-44-060 Single-room occupancy housing uP UP UP 4-44-240
Retail Trade
Accessory retail uses p p p p p
Alcoholic beverage sales UP UP UP UP
Artisan shop p p p p
Auto and vehicle sales and rental UP UP
Auto parts sales with no installation services UP UP UP Building and landscape materials sales - Indoor UP UP UP ----
Building and landscape materials sales -- Outdoor UP p UP 4-44-100 Construction and heavy equipment sales and rental p
Drive-through retail s s
Extended hour retail UP(4) UP(4) UP(4)
-- Farm supply and feed store p
Farmers market UP UP UP
Fuel dealer (propane for home and farm use, etc,) p
Furniture, furnishings and appliance store p p p
Gas station UP UP 4-44-150
General retail - 10,000 sf or less s 5 s
General retail - 10,001 to 19,999 sf s 5 s
General retail - 20,000 sf or more s s s
Groceries, specialty foods - 10,000 sf or less p s 5 s
Groceries, specialty foods - More than 10,000 sf 5 5 s
Mobile home, boat, or RV sales UP UP
Neighborhood market UP UP UP UP
Draft 2024 3

City of Gustine
City of Gustine Zoning and Subdivision Code
Permit Required by District s pec·jr t rtc se
Land Use! C-N C-O C-1 C2 CH Regulations
Office-supporting retail p p p p p
Outdoor retail sales and activities p p p p 4-44-100
Produce stand UP UP UP
Restaurant, cafe, coffee shop p p p p p
Second hand store p UP UP
Shopping center UP UP
Services - Business, Financial, Professional
ATM p p p p p
Bank, financial services UP p p p p
Business support service p p p p
Medical services - Doctor office p p p p UP
Medical services -- Clinic, lab, urgent care UP UP UP UP Medical services - Extended care UP UP
Office - Accessory p p p p p
Office - Business/service p p p p p
Office - Government p p UP
Office -- Processing UP p p
Office -- Professional p p p
Services - General
Catering service p
Child or adult day care center UP UP 4-44-040
Drive-through service --- p p
Equipment rental p
Kennel, animal boarding UP
Lodging - Bed & breakfast inn (B&8) UP UP
Lodging - Hotel or motel UP UP UP
Lodging - Recreational vehicle (RV) park UP
Low Barrier Navigation Center P P 2 2
Maintenance service - Client site services p
Mortuary, funeral home UP UP
Personal services p p p p p
Personal services - Restricted UP
Public safety facility UP UP UP
Repair service - Equipment, large appliances, etc. p
Social service organization UP p p
Tattoo or body art facility p p 4-44-200
Vehicle services - Major repair/body work UP p UP
Vehicle services - Minor maintenance/repair UP p UP
Veterinary clinic, animal hospital UP p UP
4

Chapter 4-24. Commercial Zoning Districts
Permit Required by District Specific Use
Land Use! C-N C-O C-1 C2 C-H Regulations
Transportation, Communications and Infrastructure
Broadcasting studio
Parking facility, public or commercial
Pipeline, utility transmission or distribution line
Telecommunications facility
Transit station or terminal
Utility facility
Utility infrastructure
UP
s
p
UP
UP
s
p
UP p UP

UP UP UP

UP UP UP
s s s 4-44-160, 4-46

UP UP UP
UP UP
p p p
P Permitted Use, Zoning Clearance required'
UP Use Permit required'
S Permit requirement set by Specific Use Regulations
Use not allowed
Key to Zoning District Symbols
C-N Neighborhood Commercial
C-O Office Commercial
C-1 Downtown Commercial
C-2 General Commercial
C-H Highway Commercial
See Article 9 for land use definitions.

Architectural Review may also be required; see Section 4-52-020.

Use Permit required when site abuts a residential zone.

Use not allowed on a site abutting a residential zone.
(Ord. No. 511, § 6, 10-19-21; Ord. No. 513, $1,3-15-22) Sec. 4-24-040. Commercial zoning district general development standards.

Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Tables 2-5 and 2-6, in addition to the applicable development standards (e.g., landscaping, parking and loading, etc.) in Article 3 of this Zoning and Subdivision Code.

Draft 2024 5

City of Gustine
City of Gustine Zoning and Subdivision Code
Table 2-5 C-N, C-O, and C-1 District Development Standards Requirement by Zoning District
c-N c-0 C-1
Development Feature Neighborhood Commercial Office Commercial Downtown Commercial See Gen. Plan Table 3-2 for Mixed Use Guidelines.

Determined by the City through site plan and development plan review and approval Minimum and, where noted, maximum setbacks required for primary structures. See Section 4-30-090 for exceptions to these requirements.

Minimum lot size Minimum area and width for parcels proposed in new subdivisions.

Area (net)
Width
Residential density
Maximum density
Setbacks
5,000 sf
so ft
5,000 sf
50 ft
2,500 sf
25 ft
Front
Side - Interior (each)
None required 20 ft
10 ft adjacent to an R zone; 10 ft adjacent to an R zone; None required
None required
none required otherwise 5 ft otherwise
20 ft None required
None required
None required
10 ft adjacent to an R zone;
none required otherwise
Maximum percentage of total lot area that may be covered by structures. When expressed as a range, the review authority may limit the maximum coverage allowed a specific project to less than the maximum of the range, as determined appropriate for the site and project.

Lot coverage
Side - Corner
Rear
Maximum allowable height of structures. See Section 4-30-040 (Height Limits and Exceptions) for height measurement requirements, and height limit exceptions.

Maximum coverage
Height limit
100% 60% 100%
30 ft 35 ft
See Chapter 4-34 (Landscaping Standards)
----
See Chapter 4-36 (Parking and Loading)
See Chapter 4-38 (Signs)
Maximum height 30 ft
Landscaping
Parking
Signs
6

Chapter 4-24. Commercial Zoning Districts
Table 2-6 C-2 and C-H District Development Standards
Requirement by Zoning District
c-2 CH
Development Feature General Commercial Highway Commercial Minimum lot size
Area (net)
Width
Residential density
Maximum density
Setbacks
Front
Side - Interior (each)
Side - Corner
Rear
Lot coverage
Maximum coverage
Height limit
Maximum height
Landscaping
Parking
Signs
Minimum area and width for parcels proposed in new subdivisions. 5,000 sf
25 ft
7,500 sf
50 ft
Maximum number of dwelling units allowed in a project. The actual number of units allowed will be determined by the City through subdivision or planning permit approval, as applicable.

Residential not allowed
Minimum and, where noted, maximum setbacks required for primary structures. See Section 4-30-090 for exceptions to these requirements.;\i;
10 feet when adjacent to an R zone; none require otherwise.

Maximum percentage of total lot area that may be covered by structures. When expressed as a range, the review authority may limit the maximum coverage allowed a specific project to less than the maximum of the range, as determined appropriate for the site and project. 100%
Maximum allowable height of structures. See Section 4-30-040 (Height Limits and Exceptions) for height measurement requirements, and height limit exceptions. 35 ft
See Chapter 4-34 (Landscaping Standards)
See Chapter 4-36 (Parking and Loading)
See Chapter 4-38 (Signs)
Sec. 4-24-050. CD district standards for street frontages and building facades.

A. Applicability.

The requirements of this Section apply to proposed development within the CD zoning district.

Each new non-residential structure, and all alterations to existing structures involving any change in the facade at the street frontage, shall comply with the following standards. The review authority may approve minor variations to these standards as deemed appropriate, provided that the review authority also first finds that the minor variation will still produce a new or altered building that complies with the intent of this Section.

B. Limitation on the location of allowable land uses.

Each land use shall be located as follows.

1. The ground floor of each non-residential structure shall be limited to pedestrian-oriented uses. These may include walk-in uses such as restaurants, retail stores, health/fitness facilities, personal services, community service organizations, and similar uses. The review authority may modify this requirement when existing structures are reused for different tenants or uses, or when this requirement is determined by the review authority to be infeasible because of excessive storefront vacancies.

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City of Gustine
City of Gustine Zoning and Subdivision Code

2. Ground floor, street fronting business/service offices may be approved if the review authority first determines that the use will not impair the pedestrian character of the street, provided that:
a. Parcels on the block occupied by office uses that are not pedestrian oriented constitute less than SO percent of the block frontage;
b. The remainder of the block is characterized primarily by retail and/or restaurant uses; and c. The facade design of the structure that accommodates the office contributes to the visual interest of the street and conspicuously expresses the nature of the use.

C. Building placement.

A non-residential building facade parallel to the street shall be located at the back of the public sidewalk, except that:

1. The facade may be set back a maximum of six feet to accommodate a wider public sidewalk; and

2. A setback of 16 feet from the street property line may be allowed for 50 percent of the facade length to accommodate plazas, landscape, public art, water fountains, benches, outdoor dining, and other pedestrian amenities.

D. Architectural treatment.

Building design shall comply with the following requirements.

1. Building wall articulation. To encourage visual continuity and pedestrian activity, at least 60 percent of the total street frontage ground floor length of any new or reconstructed building shall be differentiated architecturally by recessed windows and entries, display windows, offset surfaces, differentiated piers and columns, offset planes, textured materials, awnings, or other details, or other displays of interest to pedestrians.

2. Parapets. Any parapet extension of a storefront on a street-fronting facade shall be incorporated and integrated into the design of the entire building on all facades and frontages, and shall not be limited to street front facades.

3. Windows. Downtown buildings shall provide ground level windows designed as follows:
a. Clear, untinted glass shall be used at and near the street level to allow maximum visual interaction between sidewalk areas and the interior of buildings. Mirrored, reflective glass or tinted glass shall not be used except as an architectural or decorative accent. b. Windows shall be provided along at least 60 percent of each ground floor facade facing a street; except that where the review authority determines that a substantial length of windowless wall is unavoidable, eye-level display, a contrast in wall treatment, an offset wall line, decorative features, outdoor seating or landscaping shall be used to enhance visual interest and pedestrian orientation.

4. Railings and decorative grilles. Any decorative railing or grille work that is placed in front of or behind street level windows shall be at least 75 percent open to perpendicular view and no more than six feet in height above grade. No security gate or grille shall be installed on the exterior of any structure.
8

Chapter 4-24. Commercial Zoning Districts

5. Upper story design features. A minimum of 50 percent of the building frontage width above the first story shall be differentiated by recessed windows, balconies, offset planes, or other architectural details that provide dimensional relief.

E. Pedestrian access.

The primary entrance of each ground floor use shall be recessed a minimum of four feet when accessed from the public sidewalk. Walk-up facilities and entries shall be recessed and provide adequate queuing space to avoid interruption of pedestrian flow.

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10

Chapter 4-26. Industrial and Public Districts
Chapter 4-26. Industrial and Public Districts
Sections
Sec. 4-26-010. Purpose.

This Chapter lists the land uses that may be allowed within the Industrial and Public Districts, determines the type of planning permit/approval required for each use, and provides basic standards for site layout and building size.

Sec. 4-26-020. Definitions of industrial and public districts.

The purposes of the individual Industrial and Public Districts and the manner in which they are applied are as follows:

A. I (Controlled Industrial) district
The I zoning district is applied to areas appropriate for industrial parks, research/office parks, warehouses and manufacturing activities not generating significant off-site impacts. The I zoning district is consistent with the Controlled Industrial land use designation of the General Plan.

B. M (Manufacturing) district
The M zoning district is applied to areas appropriate for a full range of manufacturing, processing, fabrication and storage activities generating heavy truck and equipment traffic. The M zoning district is consistent with the Manufacturing land use designation of the General Plan.

C. A-C (Agricultural-Commercial) district
The A-C zoning district is applied to properties that are intended to be transitional between urban and rural uses, which emphasize crop production, but which may also accommodate support uses directly related to, or part of, an on-site agricultural enterprise or operation. The A-C zoning district is consistent with the Agricultural-Commercial land use designation of the General Plan.

D. AP (Airport) district
The AP zoning district is intended to protect the development of the Municipal Airport for the benefit of the public and to promote compatible uses of adjacent or nearby land; and to reserve land on the airport site for aircraft operations and related support facilities. The AP zoning district is consistent with the Public land use designation of the General Plan.

E. P-I(Public-Institutional) district
The P-1 zoning district is applied to areas appropriate for public facilities, utilities, and public gathering facilities including: parks, public schools, libraries, government offices, etc. The Pzoning district is consistent with and implements the Public land use designation of the General Plan.

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City of Gustine
Zoning and Subdivision Code
Sec. 4-26-030. Industrial and public district land uses and permit requirements.

Table 2-7 identifies the uses of land allowed by this Zoning and Subdivision Code in the Industrial and Public Districts, and the planning permit required to establish each use, in compliance with Section 4-20.030 (Allowable Land Uses and Permit Requirements).

Note: Where the last column in the table ("Specific Use Regulations") includes a section number, the regulations in the referenced section apply to the use. Provisions in other sections of this Zoning and Subdivision Code may also apply.

Table 2-7 Allowed Land Uses and Permit Requirements for Industrial & Public Zoning Districts
Specific Use Regulations
Land Use1 1 M A-C AP P-1
Agricultural, Resource-Based & Open Space Uses
Agricultural accessory structure p p 4-44-020
Aquaculture p
Crop production, horticulture, orchard, vineyard p(3 pi) pl3l p(3l Dairies UP
Employee housing, 7 or more clients -P -P pI
-P 4-44-220
Aquaculture p
« -.__c_ ,_...

Energy production facility (biomass, cogeneration, etc.) UP Fertilizer/manure storage yards/fertilizer plants UP
Greenhouses and plant nurseries UP pl3
�
Ranch/Farm office p
Industry, Manufacturing & Processing, Wholesaling
Agricultural chemical mixing and storage UP
..

Agricultural product processing and storage UP p
Artisan/craft product manufacturing UP UP
Construction contractors UP Up\
Fertilizer plants and yard UP
Furniture and fixtures manufacturing, cabinet shop UP
Laboratory - Medical, analytical p p
Laundry, dry cleaning plant UP
Manufacturing/processing - Heavy UP
Manufacturing/processing - Light UP p
Manufacturing/processing Medium intensity UP
Media production UP p
Printing and publishing UP p
Recycling - Reverse vending machines p p
Recycling - Scrap and dismantling yards UP
Recycling - Small collection facility UP
Research and development p p
2

Chapter 4-26. Industrial and Public Districts
Specific Use Regulations
Land Use
1 I M A-C AP P-1
4 44120
UP
UP
UP
UP
UP
p
UP
UP
UP
UP
Storage - Warehouse, indoor storage
Wholesaling and distribution
Winery
(1) See Article 9 for land use definitions.
(2) Architectural Review may also be required; see Section 4-52-020.

Storage - Outdoor
Storage - Personal storage facility (mini-storage)
Storage- RV and boat
(3) Zoning Clearance not required if the use complies with all other applicable City approval requirements and standards. (4) Agriculturally-related construction contractors allowable in the A-C Zone by UP.

Recreation, Education & Public Assembly Uses
Bar/tavern UP
Club, lodge, private meeting hall UP
Commercial recreation facility - Indoor UP
Commercial recreation facility - Outdoor UP UP UP
Community center UP
Conference/convention facility - Ag oriented/support UP UP ;_:,;_
Equestrian facility UP UP
Fitness/health facility UP UP UP
Library, museum p
Night club UP
r-:-
Park, playground Up (3) p
Religious facility UP
School - Elementary, middle, secondary UP
School - Specialized education/training UP
Sports and entertainment assembly facility UP
Studio - Art, dance, martial arts, music, etc. UP
Theater, auditorium UP

RESIDENTIAL USES
Bed and Breakfast Inn UP
Caretaker quarters UP p(4 UP UP
Emergency shelter p UP 4-44-210
Employee housing,6 or lessfewer clients 2 2 e° - P 4-44-220 Home Occupation p
Live/work unit, single family dwelling UP p(
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City of Gustine
Zoning end Subdivision Code
Specific Use Regulations
Land Use1 I M A-C AP P-1
Residential care facility for the elderly (RCFE)
Residential care facility, 7 or more clients
Key to Zoning District Symbols
I Controlled Industrial
M Manufacturing
A-C Agricultural-Commercial
AP Airport
P-I Public/Institutional
(5ee Article 9 for land use definitions.
(2)Architectural Review may also be required; see Section 4-52-020.

UP
UP
Use not allowed
P Permitted Use, Zoning Clearance required?
UP Use Permit required2
S Permit requirement set by Specific Use Regulations
G)Allowed in A-C Zone when used to buffer residential uses in adjacent residential zone. (4One residence or caretaker unit in the A-C Zone, with a min. lot size of 0.5 acres; plus a 2nd unit for a family member or on-site agricultural worker, manufactured or conventional home (no mobile homes). 4

Chapter 4-29. Specialized Districts
Chapter 4-29. Specialized Districts
Sections
Sec. 4-29-010. Mobile home park combining district (T).

A. Purpose.

This section applies to the mobile home park combining district (T). The purpose of the mobile home park combining district (T) is to provide an exclusive district designation that is applied to land for mobile home use and to establish rules and regulations by which the city may regulate standards of lot, yard, park area, landscaping, walls and enclosures, signs, access, and vehicle parking in relation to mobile home subdivisions and mobile home parks pursuant to the powers granted to the city by the provisions of the Health and Safety Code of the state, and to name the commission as the agency for executing the provisions of this section. The provisions of this section shall also apply to travel trailer parks, recreational trailer parts, temporary trailer parks, and tent camps, unless specifically exempted by the provisions of Health and Safety Code div. 13, pt. 2 (Health and Safety Code § 18000 et seq.) or by the provisions of this section.

B. Compliance.

Trailers shall not be used for living or sleeping quarters in the city unless they are situated in the T district or as provided in section 4-6-257. It shall be unlawful for any person to maintain or operate a trailer court or camp other than in the T district.

C. Uses permitted.

Mobile home parks, trailer courts, travel parks, recreational trailer parks, temporary trailer parks, tent camps, and mobile home subdivisions shall be the only uses permitted in the T district. Land in the T district shall have no other uses permitted other than as set forth in this section. A temporary real estate office located within a subdivision may be used only for and during the original sale of lots within a subdivision, but not to exceed a period of one year. Such period of time may be extended for one additional year for good cause upon the approval of the commission. Factory-built houses may be placed within a mobile home subdivision. As used in this section, the terms "mobile home" and "mobile home space" shall include factory-built houses.

D. Area requirements.

1. Combining with multiple residential district (R-3). No mobile home park or mobile home subdivision in the T district, when combined with the R-3 district, shall have an area of less than four acres, and not more than 12 mobile home spaces shall be provided on each acre of the gross area of the mobile home park.

2. Combining with highway commercial district (C-H). No mobile home park or mobile home subdivision in the T district, when combined with the C-H district, shall have an area of less than three acres, and not more than 15 mobile home spaces shall be provided on each acre of the gross area of the mobile home park.

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City of Gustine
Zoning and Subdivision Code
E. Location of spaces; mobile home parks and subdivisions.

Mobile home spaces in the T district shall be located as follows:

1. No mobile home space shall be located closer than 20 feet from the property line of the mobile home park when such line is also a public street. The term "street," as used in this section, shall not include alley.

2. No mobile home shall be placed closer than five feet from any other portion of the property line of a mobile home park.

3. No mobile home shall be placed closer than five feet from its side lot or space boundary line.

F. Mobile home parks; development standards in T districts.

1. Front yards. Each mobile home park shall have a front yard of 20 feet extending for the full width of the parcel devoted to such use, and such area shall be landscaped and maintained in a clean and orderly manner.

2. Side yards and rear yards. Each mobile home park shall have a rear yard and a side yard on both sides of the parcel devoted to such use of not less than five feet, except that where a side or rear yard abuts a street, the yard shall be not less than 20 feet.

3. Storage areas. Storage areas shall be provided for the storage of boats, campers, camping trailers, utility trailers, and extra vehicles at the following ratio: 100 square feet of vehicle storage area shall be provided for each mobile home space. Each vehicle storage area shall be completely enclosed with a fence six feet in height and shall be screened from exterior view.

4. Pet exercise areas. If pets are allowed, a separate area of at least 250 square feet shall be provided for their exercise.

G. Mobile home subdivisions; lot development standards
Notwithstanding anything to the contrary set forth in the subdivision or zoning regulations, the following shall be the minimum standards of development within the T district for mobile home subdivisions:

1. Height. No building, structure, or vehicle, except a recreation building, erected on or moved onto a lot shall have a height which exceeds 30 feet.

2. Front yards. There shall be a front yard depth of not less than 20 feet. No recreation building shall be stored in such front yard.

3. Rear yards. There shall be a rear yard depth of not less than five feet.

4. Side yards. There shall be a side yard of at least five feet on both sides; provided, however, that an open carport or patio, and the support columns thereof, may be placed within four feet of the side property line.

5. lot size. Every lot shall be of a size and shape which will provide reasonable area for private use and development and for the convenient placement of one mobile home and appropriate accessory buildings or structures.

6. Roofed area. The total roofed area, including the mobile home and accessory buildings or structures, shall not exceed 75 percent of the net area of the lot. 2

Chapter 4-29. Specialized Districts
H. Landscaping
The setback area abutting a public street in the T district shall be planted in grass, shrubs, trees, or other appropriate decorative materials and shall be kept landscaped and maintained in a clean and orderly manner.

I. Fences.

A solid fence not less than six feet in height shall be placed and maintained in the T district around the interior perimeter of a mobile home park or subdivision.

J. Access.

All mobile home spaces in the T district shall be served from internal, private streets within the mobile home park or subdivision, and there shall be no direct access from a mobile home space to a public street or alley.

K. Internal streets.

All private, internal streets in T districts within mobile home parks and mobile home subdivisions shall be paved with surfacing and improvements, to the satisfaction of the city engineer. The pavement width shall not:
l. Be less than 28 feet in width if parking is prohibited on either side of the paved surface and adequate guest parking is provided;

2. Be less than 32 feet if parking is permitted on one side of the paved surface; or

3. Be less than 40 feet if parking is permitted on both sides of the paved surface.

L. Parking requirements.

In every mobile home park or subdivision in the T district, two off-street parking spaces shall be provided for each mobile home space, One off-street guest parking space shall also be provided for every four mobile home spaces if on-street parking is not provided. Each off-street guest parking space shall be accessible to each of the four mobile home spaces and shall be within a reasonable distance of the four mobile home spaces.

M. Open space.

Recreation or open space of at least 1,000 square feet in area, plus 150 square feet for each mobile home space over ten, shall be provided in each mobile home park or subdivision in the T district.

Such open space may be used in more than one location, but no one location shall contain less than 1,000 square feet.

N. Mobile home subdivisions; application of state laws.

The provisions of Health and Safety Code div. 13, pt. 2 (Health and Safety Code 5 18000 et seq.), Health and Safety Code div. 13, pt. 6 (Health and Safety Code§ 19960 et seq.), and the rules and regulations promulgated thereunder shall apply to mobile home subdivisions in the T district; provided, however, that all installations of all utilities shall comply with city standards when such standards exceed state standards.

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City of Gustine
Zoning and Subdivision Code
O. Mobile home subdivisions; maintenance of nondedicated common areas and improvements.

All common areas, including open or green spaces, community recreation facilities, washrooms, common walkways, parking areas, private streets, sidewalks, curbs, and gutters, and all improvements set forth in section 4-5-242 relating to subdivisions which are not dedicated and accepted in the T district, may be constructed only upon full and adequate provision for their preservation and future maintenance in a manner acceptable to the commission. Such provision may be satisfied by a declaration of covenants, conditions, and restrictions duly signed and acknowledged by the owners; articles of incorporation or association, to be filed with the secretary of state, forming a corporation or association, which shall include clauses empowering the entity created to own and maintain all the properties within its jurisdiction and to exercise the powers and duties of the entity which shall be fully set forth in the declaration; bylaws of the entity which shall set forth the rules of membership, fees, assessments, membership rights, and principles; and forms of deeds incorporating the declaration by reference to its recording data. All documents shall be referred to the city attorney for review and have the approval of the commission as to their sufficiency to accomplish this purpose. The owners of the individual lots, as a condition of ownership of such lots, shall participate in the legal entity so formed and be responsible to such legal entity for the cost of performing the necessary maintenance. Any failure to properly maintain the common areas and improvements shall be, and the same is hereby declared to be, unlawful and a public nuisance endangering the health, safety, and general welfare of the public.

P. Signs.

Not more than one sign for each entrance to a public street from the mobile home park or subdivision in the T district shall be constructed. Such sign shall not exceed 20 square feet in area or eight feet in height from the ground and shall be parallel to the property line. If illuminated, the illumination shall be by indirect lighting. Each sign shall be adjacent to the entrance from the public street to the mobile home park or subdivision and not closer than 300 feet to any other such sign.

No flashing or intermittent lighting shall be permitted.

Q. Plans; applications; fees.

Applications for T district mobile home park or mobile home subdivision approval shall be on forms furnished by the planning department. To cover the costs of investigations, plan checking, and other incidental administrative costs, the applicant shall pay to the city treasurer at the time of filing plans for the development of a mobile home park or mobile home subdivision a fee determined by the council.

R. Plans; approval.

Whenever a T district mobile home park or subdivision plan is submitted to the city by the state division of housing pursuant to the provisions of the Health and Safety Code div. 13, pt. 2 (Health and Safety Code§ 18000 et seq.) and Health and Safety Code div. 13, pt. 6 (Health and Safety Code 5 19960 et seq.), the park plan shall be submitted to the commission for approval as to proper zoning and compliance with the provisions of this section. The commission, by a majority vote of all its members, shall have the authority to grant such approval or to vary the terms and conditions of this section by making them less restrictive when, as, and if, in a particular instance, hardship, or peculiar circumstance, it appears equitable to vary them, and the main purpose and intent of the provisions of this section can still be preserved.
4

Chapter 4-29. Specialized Districts
S. Reversions to former classifications.

Any land classified in the T district shall revert to its former classification if development is not commenced within 18 months and completed within three years after the effective date of the ordinance classifying such land in the T district.

State law reference(s)-Mobile homes and manufactured housing, Health and Safety Code § 18000 et seq.; mobile home parks, Health and Safety Code § 18200 et seq.; factory built housing, Health and Safety Code§ 19960 et seq.

Sec. 4-29-020. RESERVED
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City of Gustine
Zoning and Subdivision Code
Sec, 4-29-020.Residential-professional districts (R-4). --SubjeeR to 4+e pu440n-0l Core+tonal Awe+f /4+per are4u la+en 4w4 ronl en1+Se vu+n ef a44ele gt4s-chaplet, ++0t Ue Bud+s Ste lot W+et Allowable liewable a+u Reuutwee 4ar equired Yore@uietd but eolo»in@use+ Is0% pe4nl euu+e- eeon+e Lol Hengst feet) HeetH leet] wheh,4n-thee9Mio-04Fe feuu+fed quite-lettJ leet Lower~pt Heel] eO540, a+et+la4-hell e by gelugd4we see{ion el 22) St+ueRefes
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Sec. 4-29-030. Combing parking district (-P).

Chapter 4-29. Specialized Districts
Subject to the provisions of article S of
this chapter, none but the following Maximum Minimum Lot Minimum Off-Street Parking Space uses or uses which, in the opinion of Conditional Minimum Building Allowable Lot Minimum Front Area per Required The commission shall the commission, are similar shall be use permit Site Required Minimum Lot Width Coverage by all Maximum Allowable Yard Required Minimum Side Yard Minimum Rear Yard Family Unit determine the amount of parking to be permitted. [See section 4-6-252.) required (square feet] Required (feet) Structures Height (feet) (feet) Required (feet) Required (feet) (square feet) provided for uses not listed in this article (a) As specified in the district in which One parking space for each 150 square the -P district is combined feet of gross floor area for any retail use; One parking space for each 300 square
feet of gross floor area for any office or
'
service use;
One parking space for every four seats in any bar, restaurant, theater, or place of public assembly; one parking space for
each 500 square feet of building area not
used for retail sales, customer service or office; One parking space for each 1,000 square feet of area occupied by an allowed use outside a building, not including parking and loading areas, driveways and landscaping; Loading zones shall be located on the side or rear of each structure in the space
provided solely for that purpose
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· Chapter 4-30. Standards for All Development and Land Uses Chapter 4-30. Standards for All Development
and Land Uses
Sections
Sec. 4-30-010. Purpose.

This Chapter expands upon the zoning district development standards of Article 2 by addressing additional details of site planning, project design, and the operation of land uses. The intent of these standards is to ensure that proposed development is compatible with existing and future development on neighboring properties, and produces an environment of stable and desirable character, consistent with the General Plan and any applicable specific plan.

Sec. 4-30-020. Applicability.

The requirements of this Chapter shall apply to all proposed development and new land uses, except as specified in Chapter 4-72 (Nonconforming Uses, Structures, and Parcels), and shall be considered in combination with the standards for the applicable zoning district in Article 2 (Zoning Districts, Allowable Land Uses, and Permit Requirements), and those in Article 4 (Standards for Specific Land Uses). If there is a conflict, the standards in Article 4 shall control.

Sec. 4-30-030. Fences, Walls, and Screening.

A. Applicability.

The requirements of this Section apply to all fences and walls unless otherwise stated.

1. Exemptions. These regulations do not apply to fences or walls required by regulations of a State or Federal agency, or by the City for reasons of public safety.

B. Height limits.

Each fence, wall, and hedge shall comply with the height limitations shown in Table 3-1. See also Figure 3-1. A fence or wall with a height greater than six feet and a length greater than 50 feet shall require Architectural Review in compliance with Section 4-52-020, except for open and wire fencing in the RE zoning district.

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City of Gustine
Zoning and Subdivision Code
Table 3-1 Maximum Height of Fences and Walls
Location Maximum Height
1 Within front yard setback
Within side or rear yard setback
Within street side setback
At intersections of alleys, streets, and driveways within sight visibility areas. See 9-30-040.£
Outside of a required setback
Within front yard setback
3 ft
7ft
3 ft
3 ft
3 ft
As determined by the height limit for structures within the applicable zoning district.

Additional height may be authorized through Use Permit approval (Section 4-52-050) for commercial uses, school grounds, tennis courts and similar areas.
'A fence or wall may be allowed up to eight feet in height when the portions of the fence above six feet are of an open design (e.g., lattice, wrought iron or grille work), provided that a Building Permit may be required.

C. Measurement of fence and wall height.

Fence height shall be measured as the vertical distance between the grade at the base of the fence and the top edge of the fence material.

D. Specific fence and wall requirements.

1. Fencing between different land uses. Fencing between different land uses shall be provided in compliance with Subsection F. (Screening).

2. Swimming pools, spas, and similar features. Swimming pools/spas and other similar water features shall be fenced in compliance with Building Code requirements, regardless of the other requirements of this Section.

3. Outdoor equipment, storage, arid work areas. Non-residential outdoor uses and equipment adjacent to a residential use shall be fenced and/or screened in compliance with Subsection F. (Screening).

4. Temporary fencing. Temporary fencing may be necessary to protect archaeological or historic resources, trees, or other similar sensitive features during site preparation and construction. This fencing shall be approved by the Director.

E. Prohibited materials.

The following fence materials are prohibited unless approved by the Director for animal control, special security needs, or required by a City, State, or Federal law or regulation.

1. Barbed wire, or electrified fence, except where authorized by the Director within an I or M zoning district;

2. Razor wire in conjunction with a fence or wall, or by itself within any zoning district, except where authorized by the Director in the M zoning district.

3. Chain link fences without slats, except where approved by the Architectural Review Committee within any C, I or M zoning district.
2

Chapter 4-30. Standards for All Development and Land Uses F. Screening.

This Subsection establishes standards for the screening and separation of adjoining residential and nonresidential land uses, equipment and outdoor storage areas, and surface parking areas.

1. Screening between different land uses. A commercial or industrial land use proposed on a site adjacent to a residential zoning district shall provide screening at the parcel boundary as follows. Other nonresidential uses adjacent to a residential use may also be required by the review authority to comply with these requirements.
a. The screen shall consist of plant materials and a solid, decorative wall of masonry or similar durable material, six feet in height (up to eight feet may be allowed in compliance with Subsection B. (Height limits). Openings or pedestrian connections may be required at the discretion of the review authority.
b. The maximum height of the wall shall comply with the provisions of Subsection B. (Height limits).
c. The decorative wall shall be architecturally treated on both sides, subject to the approval of the review authority.
d. A landscaping strip with a minimum width of five feet shall be installed adjacent to a screening wall, except that 10 feet of landscaping shall be provided between a parking lot and a screening wall, in compliance with Section 4-34-040-C-4-d. e. The review authority may waive or approve a substitute for the requirements of this Subsection F.1 if the review authority first determines that:
(1) The relationship of the proposed uses make the required screening unnecessary; (2) The intent of this Section can be successfully met by means of alternative screening methods;
(3) Physical constraints on the site make the required screening infeasible; or (4) The physical characteristics of the site or adjoining parcels make the required screening unnecessary.

2. Mechanical equipment, loading docks, and refuse areas. a. Roof or ground mounted mechanical equipment shall be screened from public view from adjoining public streets and rights-of-way and adjoining areas zoned for residential uses. This equipment includes air conditioning, heating, ventilation ducts, and exhaust vents, loading docks, refuse storage areas, and utility services, electrical transformers, gas meters, etc.
b. The method of screening shall be architecturally compatible with other on-site development in terms of colors, materials, architectural style and landscaping.

3. Outdoor building materials and garden supply areas. See Section 4-44-100 (Outdoor Display and Sales).

4. Outdoor storage and work areas. See Section 4-44-110 (Outdoor Storage).

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City of Gustine
Zoning and Subdivision Code
Sec. 4-30-040. Height Limits and Exceptions.

Fence
Height
Max. Allowed
Retaining
II == III' == I] Wall ··-- I . . I
·[]=[[=pl 4
'=lll ==ill =ll
'_[]_[[[j theme,mm_pip,
'=a J][l ==[l] [i5 sj] == we'
[ a == {[yyl== e» Jl;;==a [tti J ==i [[1 ]==a '
=II] IlIE Ill = Ill = Ill = Ill = Ii=
A. Purpose.

This Section describes the required methods for measuring the height of structures in compliance with the height limits established by this Zoning and Subdivision Code, and exceptions to those height limits.

B. Maximum height of structures.

The height of each structure shall not exceed the height limit established for the applicable zoning district by Article 2 (Allowable Land Uses and Zoning District Standards), except as otherwise provided by this Section.

C. Height measurement.

The maximum allowable height shall be measured as the vertical distance from the natural grade of the site at the lowest elevation of the structure, to the highest point on the roof of the structure. The location of natural grade shall be established in a manner consistent with parcels in the vicinity as determined by the Director, and shall not be artificially raised to gain additional building height.

Figure 3-1 Height Measurement
• ·sun _r I: - ='
i-Property Line
4

Chapter 4-30. Standards for All Development and Land Uses D. Exceptions to height limits.

The following structures and structural features may exceed the height limits of this Zoning and Subdivision Code as noted:

1. Chimneys, cupolas, flag poles, monuments, spires, theater lofts, towers, vents, mechanical equipment screening, water tanks, and similar structures, may exceed the height limit of the applicable zoning district by a maximum of eight feet, except where a greater height is authorized in compliance with following Subsection 0.2 through Architectural Review approval.

2. The height limits of Article 2 may be increased by a maximum of 20 percent through Use Permit approval in compliance with Section 4-52-050, and subject to the approval of the Fire Chief.

3. Telecommunications facilities, including antennas, poles, towers, and necessary mechanical appurtenances, may exceed the height limit established for the applicable zoning district in compliance with Chapter 4-44 (Telecommunications Facilities).

E. Height limit at street corners.

Development proposed adjacent to any public or private street or alley intersection in other than the C-D (Downtown Commercial) zoning district shall be designed to provide a traffic safety visibility area for pedestrian and traffic safety. See Figure 3-3.

1. Measurement of visibility area. A traffic safety visibility area is a triangle measured as follows, and may include private property and/or public right-of-way.

The visibility area shall be defined by measuring 35 feet from the intersection of the extension of the front and street side curb lines (or the right-of-way lines where there is no curb) and connecting the lines across the property.

2. Height limit. No structure, sign, vehicle, equipment, landscape element, or other visible obstructions shall exceed 36 inches in height within the traffic safety visibility area, except for trees with their canopy trimmed to a minimum of eight feet above grade.

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City of Gustine
Zoning and Subdivision Code
Figure 3-3 Required Traffic Safety Visibility Area
35°
Sec. 4-30-050. Noise standards.
36" height l
structures a
visual obstr.
in this area
• Pro
A. Purpose.

This Section implements the policies of the Noise Element of the General Plan, and provides standards for noise mitigation that are intended to protect the community health, safety, and general welfare by limiting exposure to the unhealthful effects of noise.

B. Applicability.

No use, activity, or process shall exceed the maximum allowable noise levels established by this Section, except for the following noise sources:

1. Emergencies. Public safety warning devices (e.g., ambulance, fire, and police sirens), sound for alerting persons to the existence of an emergency, or the performance of authorized emergency work;

2. State or Federal preempted activities. Any activity regulated by State or Federal law;

3. Public health and safety activities. Construction, maintenance, and/or repair operations by public agencies and/or utility companies or their contractors that are serving public interests, and/or protecting the public health, safety, and general welfare;

4. Parks. Public agency sanctioned recreational activities and programs conducted in public parks; and

5. Solid waste collection. The authorized collection of solid waste. 6

Chapter 4-30. Standards for All Development and Land Uses C. Noise source standards.

1. Noise level limitations. No use, activity, or process within the City shall generate noise in excess of the levels identified by Table 3-2 and Table 3-3, as the noise is measured at the property line of a sensitive noise source identified in Table 3-2 and Table 3-3. a. If the measured ambient noise level exceeds the applicable noise level standard in any category shown in Table 3-2, the applicable standards shall be adjusted to equal the ambient noise level.
b. If the intruding noise source is continuous and cannot reasonably be discontinued or stopped to allow measurement of the ambient noise level, the noise level measured while the source is in operation shall be compared directly to the applicable noise level standards identified in Table 3-2.

Notwithstanding the above requirements, no person shall allow or cause the generation of any noise of a type, volume, pitch, tone, repetition, or duration that would be found to be a nuisance by a reasonable person beyond the boundaries of the property where the noise is generated.

Table 3-2 Maximum Allowable Noise Level by Receiving Land Use Outdoor Activity Areal. Interior Spaces
Noise Sensitive Land Use dBA La, dBALa, dBALa,
Residential 65 45 N.A.

Transient lodging 65 45 N.A.

Hospitals, extended care 65 45 N.A.

Theater, auditorium N.A. N.A. 35
Religious facility, meeting hall 65 N.A. 40
Offices N.A. N.A. 45
School, library, museum N.A. N.A. 45
Playground, park 70 N.A. N.A.
1 Where the location of outdoor activity areas is unknown, the exterior noise level standard shall be applied to the property line of the receiving land use.
2 Where it is not possible to reduce noise in outdoor activity areas to 65 dB Ldn/CNEL or less using a practical application of the bestavailable noise reduction measures, an exterior noise level of up to 70 dB Ldn/CNEL may be allowed provided that available exterior noise level reduction measures have been implemented and interior noise levels are in compliance with this table.

Table 3-3 Noise Standards for Short-Duration Events Near Residential Areas f d
Maximum Allowable Sound Level
Duration o Soun
(Minutes per Hour) Day/Evening dB (7am to 10pm) Night dB (10pm to 7pm) 30-60
15-30
5-15
1-5
Less than 1 minute
so
55 60
65 70
40 45
so
55 60
1 If the offensive noise contains a steady, audible tone (such as a screech or hum), is a repetitive noise such as hammering, or contains speech or music, the maximum allowable sound level shall be reduced by 5 dB.

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City of Gustine
Zoning and Subdivision Code

2. Acoustical analysis required. Where the Director determines that a proposed nonresidential use on a site adjacent to a residential zoning district may generate noise in excess of any limit established by Table 3-2, and/or where the use may generate noise in outdoor areas in excess of 60 dBA, the planning permit application for the use shall include an acoustical analysis by a qualified professional approved by the Director. a. Contents. The analysis shall determine the potential for stationary source noise impacts to neighboring land uses, include field measurements to determine more precise locations for existing and projected future noise levels {based on traffic projections in the Circulation Element of the General Plan or as otherwise accepted by the City), and recommend appropriate mitigation measures.
b. Preferred mitigation measures for receptor sites. When development is subject to high noise levels requiring mitigation, the following measures shall be considered and preference shall be given where feasible in the following order:
(1) Site layout, including setbacks, open space separation and shielding of noise sensitive uses with non-noise-sensitive uses;
(2) Acoustical treatment of buildings; or
(3) Structural measures: construction of earth berms and/or wood or concrete barriers.

3. Limitation on hours of construction. In order to allow construction schedules to take advantage of the weather and normal daylight hours, and to ensure that nearby residents as well as nonresidential activities are not disturbed by the early morning or late night activities, the City has established the following limits on construction.

Table 3-4 Allowable Hours of Construction
Monday through Friday
Saturday
Sunday
7:00 a.m. to 7:00 p.m.
8:00 a.m. to 7:00 p.m.

Construction activities may be allowed by the Commission or Council only between 9 a.m. and 5 p.m.

4. Limitation on truck deliveries. Truck deliveries to a commercial or industrial parcel adjacent to a residential zoning district shall be limited to the daylight hours unless the Director authorizes other delivery times based on the determination that there is either no feasible alternative, or there are overriding transportation and traffic management benefits to scheduling deliveries at night.

D. Noise receptor standards.

Where noise-sensitive land uses are proposed in areas exposed to existing or projected noise levels in excess of the standards in Tables 3-2 and 3-3, the City shall require an acoustical analysis as part of the environmental review process so that noise mitigation may be included in the project design, so that proposed structures are designed to limit intruding noise in interior rooms to 45 dBA Ldn. At the discretion of the Director, the requirement for an acoustical analysis may be waived if all of the following conditions are satisfied:
8

Chapter 4-30. Standards for All Development and Land Uses

1. The development is for less than five single-family dwellings or less than 10,000 square feet of total gross floor area for office buildings, churches, or meeting halls;

2. The noise source in question consists of a single roadway or railroad for which up-to-date noise exposure information is available. An acoustical analysis will be required if the noise source is a stationary noise source, or if there are multiple noise sources that could affect the project;

3. The projected future noise exposure at the exterior of proposed buildings or outdoor activity areas does not exceed 65 dBA Ldn;

4. The topography of the area is essentially flat; and

5. Effective noise mitigation, as determined by the Director, is incorporated into the project design. Such measures can include, but are not limited to, the use of building setbacks, building orientation, noise barriers.

If closed windows are required for compliance with interior noise level standards, air conditioning or a mechanical ventilation system will be required.

E. Noise measurement.

Exterior noise levels shall be measured at the property line of the noise sensitive land use receiving the noise. Noise measurement shall be made with a sound level meter using the 'A' weighted scale at slow meter response. Fast meter response shall be used only for an impulsive noise.

Sec. 4-30-060. Outdoor lighting.

Outdoor lighting on commercial private property shall comply with the following requirements.

A. An outdoor light fixture shall be limited to a maximum height of 14 feet or the height of the nearest building, whichever is less.

B. Outdoor lighting shall utilize energy-efficient (high pressure sodium, low pressure sodium, hardwired compact fluorescent, or other lighting technology that is of equal or greater energy efficiency) fixtures/lamps.

C. Lighting fixtures shall be shielded or recessed to reduce light bleed to adjoining properties, by:

1. Ensuring that the light source (e.g., bulb, etc.) is not visible from off the site; and

2. Confining glare and reflections within the boundaries of the site to the maximum extent feasible.

Each light fixture shall be directed downward and away from adjoining properties and public rights-of-way, so that no on-site light fixture directly illuminates an area off the site.

D. No permanently installed lighting shall blink, flash, or be of unusually high intensity or brightness, as determined by the Director.

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City of Gustine
Zoning and Subdivision Code
Sec. 4-30-070. Performance standards.

A. Purpose.

This Section provides performance standards that are designed to minimize various potential operational impacts of land uses and development within the City, and promote compatibility with adjoining areas and land uses.

B. Applicability.

The provisions of this Section apply to all new and existing land uses, including permanent and temporary uses in all zoning districts, unless an exemption is specifically provided. Uses existing on the effective date of this Section shall not be altered or modified thereafter to conflict with these standards.

C. Combustibles and explosives.

The use, handling, storage, and transportation of combustibles and explosives shall comply with the Uniform Fire Code, and California Code of Regulations Title 19.

D. Dust.

Activities that may generate dust emissions (e.g., construction, grading, commercial gardening, and similar operations) shall be conducted to limit the emissions beyond the site boundary to the maximum extent feasible. Appropriate methods of dust management shall include the following, subject to approval by the Public Works Director and compliance with San Joaquin Valley Unified Air Pollution Control District.

1. Scheduling. Grading shall be designed and grading activities shall be scheduled to ensure that repeat grading will not be required, and that completion of the dust-generating activity (e.g., construction, paving or planting) will occur as soon as possible.

2. Operations during high winds. Clearing, earth-moving, excavation operations or grading activities shall cease when the wind speed exceeds 25 miles per hour averaged over one hour.

3. Limiting the area of disturbance. The area disturbed by clearing, demolition, earth-moving, excavation operations or grading shall be minimized at all times.

4. Dust control. Fugitive dust emissions shall be controlled by regular watering, paving or other treatment of permanent on-site roads and construction roads, the covering of trucks carrying loads with dust content, and/or other dust-preventive measures (e.g., hydroseeding, etc.).

5. Revegetation. Graded areas shall be revegetated as soon as possible to minimize dust and erosion. Disturbed areas of the construction site that are to remain inactive longer than three months shall be seeded and watered until grass cover is grown and maintained; and E. Ground vibration.

No ground vibration shall be generated that is perceptible without instruments by a reasonable person at the property lines of the site, except for vibrations from temporary construction or demolition activities, and motor vehicle operations.
10

Chapter 4-30. Standards for All Development and Land Uses F. Light and glare.

Light or glare from mechanical or chemical processes, or from reflective materials used or stored on a site, shall be shielded or modified to prevent emission of light or glare beyond the property line. Outdoor lighting shall comply with the requirements of Section 4-30-060 (Outdoor Lighting).

G. Liquid waste.

No liquid shall be discharged into a public or private body of water, sewage system, watercourse, or into the ground, except in compliance with applicable regulations of the Regional Water Quality Control Board.

H. Noise.

The City's noise standards are in Section 4-30-050 (Noise Standards).

I. Odor.

No obnoxious odor or fumes shall be emitted that are perceptible without instruments by a reasonable person at the property line of the site.

J. Radioactivity, electrical disturbance or electromagnetic interference.

None of the following shall be emitted:

1. Radioactivity, in a manner that does not comply with all applicable State and Federal regulations; or

2. Electrical disturbance or electromagnetic interference that interferes with normal radio or television reception, or with the function of other electronic equipment beyond the property line of the site; or that does not comply with all applicable Federal Communications Commission (FCC) and other applicable State and Federal regulations.

Sec. 4-30-080. Public improvement requirements.

The development of an approved project shall include the construction of improvements to each public street frontage of the site as required by the review authority and City public improvement standards. These on-site and/or off-site improvements may include the widening of an existing street, and/or the installation or reinstallation of curb, gutter, and sidewalk; the installation of street trees and other landscaping within the public right-of-way; the installation of drainage facilities as required by the City Engineer, and/or other improvements determined by the review authority to be reasonably related to the needs for pedestrian and vehicle circulation, and community infrastructure demands created by the project. See also Section 4-30-110 (Underground Utilities).

Sec. 4-30-090. Setback regulations and exceptions.

A. Purpose.

This Section provides standards for the use and minimum size of setbacks. These standards provide open areas around structures for: visibility and traffic safety; access to and around structures; access to natural light, ventilation and direct sunlight; separation of incompatible land uses; and space for privacy, landscaping and recreation.

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Zoning and Subdivision Code
B. Setback requirements.

1. Minimum setbacks for all structures. Each structure shall comply with the setback requirements of the applicable zoning district, and with any setbacks established for specific uses by Article 4, except as otherwise provided by this Section. No portion of any structure, including eaves or roof overhangs, shall extend beyond a property line; or into an access easement or street right-of-way.

2. Infill development within previously approved projects. Where the City has established specific setbacks for individual vacant parcels through the approval of a specific plan, subdivision map, or other entitlement, those setbacks shall apply to continuing development within the approved project instead of the setbacks required by this Zoning and Subdivision Code.

3. Exemptions from setback requirements. The minimum setback requirements of this Zoning and Subdivision Code apply to all development and new land uses, except the following:
a. A projection into a required setback allowed by Subsection E.; b. A fence or wall six feet or less in height above the grade of the site, when located outside of a front or street side setback;
c. Decks, earthworks, free-standing solar devices, steps, terraces, and other site design elements that are placed directly upon grade and do not exceed a height of 18 inches above the surrounding grade at any point;
d. A sign in compliance with Chapter 4-38 (Signs); and
e. A water well, related equipment and structures not exceeding a height of 48 inches above grade.

3. Reduced setback requirements for small lot housing. The minimum setback requirements for small lot housing projects in the R-3. R-4. and PD zoning districts shall be as follows:
a. The maximum front yard setback shall be 10 feet.
b. The maximum side yard setback_shall be5feet
c. The maximum rear yard setback shall be 10 feet.

C. Measurement of setbacks.

Setbacks shall be measured as follows, except that the Director may require different setback measurement methods where he or she determines that unusual parcel configuration makes the following infeasible or ineffective. See Figure 3-4.

1. Front yard setbacks. The front yard setback shall be measured at right angles from the nearest point on the front property line of the parcel (or edge of access easement on a private street) to the nearest point of the wall of the structure, except as follows. The front property line is the most narrow dimension of a lot adjacent to a street. a. Averaging. In an R-E or R-1 zoning district, where four or more parcels in one block have been improved with structures (other than accessory structures) on June 21, 1965, the required front yard depth for the applicable zoning district shall not apply, but rather, the required front setback on the block shall be not less than the average depth of the front yards of the parcels with existing structures.
12

Chapter 4-30. Standards for All Development and Land Uses b. Mapped street with future improvements. If the City has established a plan that identifies a right-of-way for the future construction of a new street or the widening of an existing street, a required front or street side setback shall be measured from the line shown on the plan.
c. Infill development on a parcel within a previously approved project. Where the City has established specific setback requirements for individual single-family residential parcels through the approval of a specific plan, subdivision map, or other entitlement, prior to the effective date of this Zoning and Subdivision Code, those setbacks shall apply to infill development within the approved project instead of the setbacks required by this Zoning and Subdivision Code.
d. Flag lots. The front setback on a parcel with a fee ownership strip extending from a street or right-of-way to the building area of the parcel shall be measured from the nearest point of the wall of the structure to the point where the access strip meets the bulk of the parcel; establishing a building line parallel to the lot line nearest to the public street or right-of-way.
e. Corner lots. The measurement shall be taken from the nearest point of the wall of the structure to the nearest point of the most narrow street frontage property line. If the property lines on both street frontages are of the same length, the property line to be used for front yard setback measurement shall be determined by the Director.

2. Side yard setbacks. The side yard setback shall be measured at right angles from the nearest point on the side property line of the parcel to the nearest point of the wall of the structure; establishing a setback line parallel to the side property line, which extends between the front and rear yards.

3. Street side yard setbacks. The side yard on the street side of a corner parcel shall be measured from the nearest point on the side property line bounding the street, or the edge of an easement for a private road, whichever results in the greatest setback from the roadway.

4. Rear yard setbacks. The rear yard shall be measured at right angles from the nearest point on the rear property line to the nearest line of the structure, establishing a setback line parallel to the rear property line.
a. The Director shall determine the location of the required rear yard setback on a doublefrontage parcel. b. Where a parcel has no rear lot line because its side lot lines converge to a point, an assumed line five feet long within the parcel, parallel to and at a maximum distance from the front lot line, shall be deemed to be the rear lot line for the purpose of determining the depth of the required rear yard.

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City of Gustine
Zoning and Subdivision Code
Figure 3-4 Location and Measurement of Setbacks
I
' I
;i-
«,:
. • L ...... .IL . .___
.,........... ! -- ...... _.______ �
-
'
.L
20% of
Setback.

D. Limitations on uses of setbacks.

1. Structures. Required setback areas shall not be occupied by structures other than:
a. The fences and walls permitted by Section 4-30-030 (Fences and Walls); and b. The projections into setbacks allowed by Subsection F.

2. Storage. No front or street side setback shall be used for the accumulation, placement or storage of automobiles or other motor vehicles, building materials, scrap, junk or machinery except for the following:
a. Automobiles or other motor vehicles regularly in use, that are parked within a designated off-street parking area; and
b. Building materials required for construction on the parcel, immediately before and during a construction project which has a valid Building Permit in force.

3. Parking. Required residential parking spaces shall not be located within required setback areas. Temporary (overnight) parking is allowable within required setback areas only on paved driveways, in compliance with Section 4-36-070 (Parking Design and Development Standards).

4. Storage of habitable trailer prohibited. No habitable trailer shall be stored or parked within any required street setback area in any non-residential zoning district except where limited display areas are authorized through Use Permit approval (Section 4-62-050).

5. Mechanical equipment. See Subsection F.

E. Allowed projections into setbacks.

Architectural features attached to the primary structure may extend beyond the wall of the structure and into the front, side and rear yard setbacks, in compliance with Table 3-3. See also Figure 3-5.
14

Chapter 4-30. Standards for All Development and Land Uses Table 3-3 Allowable Projections into Setbacks
Allowed Projection into Specified Setback
Projecting Feature Front Setback Side Setback Rear Setback Deck, landing, porch, stairway - Uncovered, unenclosed, and less than 30 in. above grade
Balcony, deck, landing, porch, stairway - Which may be roofed but is otherwise unenclosed
Balcony, deck, landing, porch, stairway - Covered and enclosed Balcony, deck, landing, porch, stairway - Uncovered and unenclosed, 30 in. or more above grade
Bay window, or similar habitable projecting feature
Chimney/fireplace, 6 ft. or less in breadth
Cornice, eave, awning, roof overhang
6 ft. May project to property line
6 ft.
2 6 ft.

Not allowed in setback
6 ft.
24 in. 24 in.
1 24 in.
24 in. 24 in.
1 24 in.
36 in. 24 in. 36 in.

Feature may project no closer than 3 feet to any side or rear property line. ? Feature may project no closer than 4 feet to any side or rear property line.

F. Setback requirements for specific structures:

1. Accessory structures. See Section 4-44-020 (Accessory Uses and Structures).

2. Fences. See Section 4-30-030 (Fences and Walls).

3. Detached decks and other site design elements. Detached decks, freestanding solar devices, steps, terraces, and other site design elements which are placed directly upon the grade, and which exceed a height of 18 inches above the surrounding grade at any point, shall conform to the setback requirements of this Zoning and Subdivision Code for detached accessory structures. (Note: a site design element less than 18 inches above grade is exempt from setback requirements.)
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City of Gustine
Zoning and Subdivision Code

4. Swimming pools, hot tubs, etc. A swimming pool, hot tub, or spa on a parcel of 15,000 square feet or less shall be set back a minimum of five feet from side and rear property lines, and shall not be located within a front setback. A swimming pool, hot tub, or spa on a parcel larger than 15,000 square feet shall comply with the setback requirements of the applicable zoning district. All equipment associated with a pool, hot tub and/or spa on any parcel shall comply with the setback requirements of the applicable zoning district.

5. Mechanical equipment. Ground-mounted mechanical equipment located outside of a structure shall comply with the setback requirements of the applicable zoning district.

Examples of this equipment include swimming pool pumps and filters, heating, ventilation, and air conditioning, and similar equipment.

Sec. 4-30-100. Solid waste/recyclable materials storage.

A. Purpose.

This Section provides standards which recognize the City's support for and compliance with the California Solid Waste Reuse and Recycling Access Act (Public Resources Code Sections 42900 through 42911).

Figure 3-5 Solid Waste Enclosure

8. Applicability.

These requirements apply to new multi-family residential and nonresidential development, or changes to existing multi-family residential or nonresidential development that increase gross floor area by 25 percent or more.

C. Extent of storage area required.

Solid waste and recyclables storage areas shall be provided in the number, dimensions, and types required by the local waste hauler. Additional storage areas may be required, as deemed necessary by the Director.
16

Chapter 4-30. Standards for All Development and Land Uses D. Enclosure requirements.

Storage areas shall be fully enclosed by a six-foot high masonry wall or other solid enclosure that is architecturally compatible with adjacent structures. Gates shall be solid and continuously maintained in working order. Landscaping shall be provided to soften and screen the enclosure in compliance with Chapter 4-34 (Landscaping Standards). See Figure 3-6.

Sec. 4-30-110. Undergrounding of utilities.

All electric and telephone facilities, fire alarm conduits, street lighting wiring, cable television and other wiring conduits, and similar facilities shall be placed underground by the developer. The Council may grant a modification, including a complete waiver of the undergrounding requirement, after considering the general purposes and nature of the proposed development.

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