City of Gustine
City of Gustine Zoning and Subdivision Code
Permit Required by District Specific Use
Land Use1 C-N C-O C-1 C-2 C-H 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&B) UP UP
Lodging - Hotel or motel UP UP UP
Lodging - Recreational vehicle (RV) park UP
Low Barrier Navigation Center P P P P
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
1 C-N C-O C-1 C-2 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
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
1 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. 4 Use not allowed on a site abutting a residential zone.
P Permitted Use, Zoning Clearance required'
UP Use Permit required'
S Permit requirement set by Specific Use Regulations
Use not allowed
(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.
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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-o C1
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
50ft
5,000 sf
50 ft
2,500 sf
25 ft
None required
None required
None required
None required
None required 20 ft
10 ft adjacent to an R zone; 10 ft adjacent to an R zone; none required otherwise 5 ft otherwise
None required 20 ft
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.
Front
Side - Interior (each)
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%
Maximum height
Landscaping
Parking
Signs
30 ft 30 ft
See Chapter 4-34 (Landscaping Standards)
See Chapter 4-36 (Parking and Loading)
See Chapter 4-38 (Signs)
35 ft
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
so 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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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 P-I zoning district is consistent with and implements the Public land use designation of the General Plan.
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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 Use I 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( p03 p(3) p3) Dairies UP
Employee housing, 7 or more residentsclients -P -P p( -P 4-44-220 Aquaculture p
Energy production facility (biomass, cogeneration, etc.) UP Fertilizer/manure storage yards/fertilizer plants UP
Greenhouses and plant nurseries UP p03)
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 Use1 I M A-C AP P-1
UP
UP
UP
UP
UP
UP
UP
UP
p
UP
Storage - Outdoor
Storage - Personal storage facility (mini-storage)
Storage - RV and boat
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. (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
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( UP UP
Emergency shelter p UP 4-44-210
Employee_housing.6or lessfewer clients P 2 p83l P 4-44-220 Home Occupation p
Live/work unit, single family dwelling UP pl
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Zoning and 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-1 Public/Institutional
(See Article 9 for land use definitions.
Architectural Review may also be required; see Section 4-52-020. )Allowed in A-C Zone when used to buffer residential uses in adjacent residential zone.
UP
UP
Use not allowed
P Permitted Use, Zoning Clearance required
UP Use Permit required
S Permit requirement set by Specific Use Regulations
one 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 5 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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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:
1. 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§ 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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Zoning and Subdivision Code
0. 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§ 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 5 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).
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Sec. 4-29-030. Combing parking district (-P).
Chapter 4-29. Speciolized 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 Minimumn 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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Zoning and Subdivlslon Code
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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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Table 3-1 Maximum Height of Fences and Walls
location Maximum Height'
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.E
Outside of a required setback
Within front yard setback
3 ft
7+
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, and 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.
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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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Sec. 4-30-040. Height Limits and Exceptions.
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
Fence
Max
Allowed
Fence
Heihgt
Retaining
II Wall -= IIll ill =
will
• [/[= [ ]= Ill J
'' ==llll =lll =le4
'Eli] Ee[ill thy_pp_Mp= me " = Ill = I= Il / =ill = I I = Ill] = III! = l =' =I]] = II] E II ] = [Ill = [I]== II] = it=
• tiI lI It=-·
•
-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 D.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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Figure 3-3 Required Traffic Safety Visibility Area
35°
Y
Sec. 4-30-050. Noise standards.
36" height li
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 Area Interior Spaces
-----------
Noise Sensitive Land Use dBALa dBAL dBAL~,
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.
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.
'Where it is not possible to reduce noise in outdoor activity areas to 65 d8 Ldn/CNEL or less using a practical application of the bestavailable noise reduction measures, an exterior noise level of up to 70 d8 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
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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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:
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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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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.
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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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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.
LB. 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 be 5 feet.
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.
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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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Figure 3-4 Location and Measurement of Setbacks
20% of
Setback,
:] v
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.
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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. 6 ft.
Not allowed in setback
6 ft.
24 in. 24 in.
1 24 in.
24 in. 24 in. 24 in.
36 in. 24 in.
1 36 in.
1 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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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
B. 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.
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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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Chapter 4-32. Affordable Housing Incentives
Chapter 4-32. Affordable Housing lncentives
1 Sections
Sec. 4-30-010. Intent and purpose.
This Chapter is being enacted: a) to provide incentives for the production of housing for very low income, low income, moderate income and senior citizen households; b) to provide incentives for the creation of rental housing serving lower and moderate-income households; and c) to implement California Government Code 55 65915, 65915.5, and 65917, as required by $ 65915(a). In enacting this Chapter, the City also intends to implement the goals, objectives, and policies of the City's general plan housing element to encourage the construction of affordable housing in the City. It is also the City's intent to encourage the development of rental housing to serve an economically diverse community. Accordingly, the City desires to provide a density bonus upon the request of an applicant when the applicant includes affordable or senior citizen restricted units in a project. This Chapter implements the laws for density bonuses and other incentive and concessions available to qualified applicants under California Government Code §§ 65915 through 65918. In the event these California Government Code Sections are amended, those amended provisions shall be incorporated into this Chapter as if fully set forth herein. (Ord. No. 482, § 2(Exh. A), 3-6-18)
Sec. 4-32-020. Definitions.
For purposes of this Chapter, the following definitions shall apply. Unless specifically defined below, words or phrases shall be interpreted as to give this Chapter its most reasonable interpretation. "Affordable ownership cost" means the average annual housing costs, including mortgage payments, property taxes, homeowner's insurance, and homeowners' association dues, if any, which do not exceed the following:
1. Very low-income households: 50 percent of area median income, adjusted for assumed household size based on unit size, multiplied by 30 percent.
2. Lower income households: 70 percent of area median income, adjusted for assumed household size based on unit size, multiplied by 30 percent.
3. Moderate income households: 110 percent of area median income, adjusted for assumed household size based on unit size, multiplied by 35 percent. "Affordable rent" means the annual rent, including utilities and all fees for housing services, which does not exceed the following:
1. Very low-income households: 50 percent of area median income, adjusted for assumed household size based on unit size, multiplied by 30 percent. 1 Editor's note(s)--Ord. No. 482, §2(Exh. A), adopted Mar. 6, 2018, repealed the former Ch. 4-32, 55 4-32-010--4-32-080, and enacted a new Ch. 4-32 as set out herein. The former Ch. 4-32 pertained to similar subject matter and derived from the 2008 Zoning and Subdivision Code.
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2. Lower income households: 60 percent of area median income, adjusted for assumed household size based on unit size, multiplied by 30 percent. "Affordable units" means dwelling units that are affordable to very low, lower, or moderate-income households as defined by this Chapter or by any federal or state housing program and are subject to rental, sale, or resale restrictions to maintain affordability. "Applicant" means a developer or organization applying for a density bonus who seeks and agrees to construct a qualified housing development on or after the effective date of this Chapter pursuant to Section 65915, subdivision (b), of the California Government Code. "Area median income" means the median income for Merced County as published by the State of California pursuant to California Code of Regulations, Title 25, Section 6932, or a successor provision.
"Assumed household size based on unit size" means a household of one person in a studio apartment, two persons in a one-bedroom unit, three persons in a two-bedroom unit, and one additional person for each additional bedroom thereafter. "Child Care Facility" is defined as a facility installed. operated, and maintained for the nonresidential care of children as defined under applicable state licensing requirements for the facility. "Child Care Facility Density Bonus" means a floor area ratio bonus over the otherwise maximum allowable floor area permitted under the applicable zoning ordinance and land use elements of the general plan of the City of Gustine of the following amounts: A maximum of five(5) square feet of floor area for each one square-foot of floor area contained in the Child Care Facility for existing structures: or a maximum of ten (10)square feet of floor area for each one square-foot of floor area contained in the Child Care Facility for new structures. "Commercial development bonus" means a modification of development standards mutually agreed upon by the City and a commercial developer and provided to a commercial development eligible for_such_a bonus_Examples of a_commercial development bonus include an increase in floor area ratio or increased building height,
"Common interest development" means as defined in California Civil Code Section 1351, a common interest development may include a community apartment project, a condominium project, a planned development, or a stock cooperative.
"Condominium Conversion Density Bonus" means an increase in units of twenty-five percent(25%) over the number of apartments. to be provided within the existing structure or structures proposed for conversion.
"Density bonus" means a density increase over the otherwise allowable zoning maximum residential density on a site as of the date of application by the applicant to the City, granted pursuant to Chapter 4-32.
"Density bonus units" means dwelling units granted pursuant to Chapter 4-32 which exceed the otherwise allowable zoning maximum residential density for a housing development. "Household income" means the combined adjusted gross household income for all adult persons living in a dwelling unit as calculated for the purpose of the Section 8 program under the United States Housing Act of 1937, as amended, or its successor provision. "Housing development" means one or more groups of projects to construct dwelling units in the planned development of the City. Housing development also includes a subdivision or common 2
Chapter 4-32. Affordable Housing Incentives
interest development, as defined in California Civil Code Section 1351, approved by the City and consisting of dwelling units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of Section 65863.4, where the result of the rehabilitation would be a net increase in available dwelling units. For the purpose of calculating a density bonus, the dwelling units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels.
"Incentive and concessions" means regulatory concessions as listed in Section 4-32-060 of this Chapter.
"Lower income household" means as defined in California Health and Safety Code Section 50079.5 lower income persons and families are those whose incomes do not exceed the qualifying limits for low income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937 which is 70 percent of area median income, adjusted for family size and revised annually.
"Market rate unit" means a dwelling unit which is not an affordable unit or an inclusionary unit. "Maximum residential density" means the maximum number of dwelling units permitted by the Zoning Code and Land Use element of the general plan or, if a range of density is permitted, means the maximum allowable density for the specific zoning range and community development element of the general plan applicable to the project. Where the density allowed under the zoning ordinance is inconsistent with the density allowed under the community development element of the general plan, the general plan density shall prevail. The maximum allowable density is based on the date an application for a housing development is deemed complete. This definition is used to calculate a density bonus pursuant to this Chapter.
"Moderate income household" means persons and families of low or moderate income; means persons and families whose income does not exceed 120 percent of area median income, adjusted for family size by the department in accordance with adjustment factors adopted and amended from time to time by the United States Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937.
"Senior citizen housing development" means senior citizen housing as defined in Section 51.3 (a housing development developed, substantially rehabilitated, or substantially renovated for senior citizens that has at least 35 dwelling units) and Section 51.12 of the California Civil Code, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798. 76 or 799.5 of the Civil Code.
"Specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete. Mere inconsistency with the zoning ordinance or general plan land use designation shall not constitute a specific, adverse impact upon the public health or safety. "Very low-income household" means as defined in California Health and Safety Code Section 50105, very low-income persons and families are those whose incomes do not exceed the qualifying limits for very low-income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937 which is 50 percent of area median income, adjusted for family size and revised annually.
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(Ord. No. 482, 5 2(Exh. A), 3-6-18)
Sec. 4-32-030. Types of bonuses and incentives allowed.
A. A. lf a housing development qualifies for a density bonus under more than one income category, or additionally as a senior citizen housing development as defined in California Government Code§ 65915 - 65918, or as housing intended to serve transitional foster youth. disabled veterans, homeless persons, or lower income students, the applicant shall identify the categories under which the density bonus would be associated and granted. Density bonuses from more than one category can be combined up to the maximum allowed under California Government Code 565915-65918.
A.B. Very low and lower income housing and senior citizen housing.
Upon written request to the City, an applicant for a housing development is eligible for one density bonus as specified in subdivision (fl of Government Code§ Section 65915 of 20 percent over the maximum residential density (except in the case of senior citizen housing, as-provided below), provided that the applicant agrees to construct the housing development in accordance with one of the following criteria:
1. Very low-income households. Five percent of the total dwelling units, excluding any units permitted by the density bonus, are provided at affordable rent or ownership costs to very low-income households; or
2. Lower income households. Ten percent ofthe total dwelling units, excluding any units permitted by the density bonus, are provided at affordable rent or ownership costs to lower income households; or
3. Senior citizen housing development. For senior citizen housing developments, the density bonus shall be 20 percent of the number of senior housing units provided.
4. Housing developments for transitional foster youth, disabled veterans or homeless persons. Ten percent of the total units of a housing development for transitional foster youth, as defined in Section 66025.9 of the Education Code, disabled veterans, as defined in Section 18541,or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act(42U.SC.Sec. 11301 et seq.). The units described are subject to a recorded affordability restriction of 55 years and shall be provided at the same affordability level as very low--income units.ef
5. Student housing development. Twenty percent of the total units for lower--income students in a student housing development meets the requirements of Government Code § Section65915 [b)(F(i)re.
6. One hundred percent affordable. One hundred percent of all units in the development, including total units and density bonus units, but exclusive of a manager's unit or units, are for lower-income households. as defined by Section 50079.5 of the Health and Safety Code, except that up to 20 twenty-percent of the units in the development, including total units and density bonus units, may be for moderate-income households, as defined in Section 50053 of the Health and Safety Code.
4
Chapter 4-32. Affordable Housing Incentives
B. Moderate income housing.
Upon written request to the City, an applicant for a housing development is eligible for one density bonus of five percent over the maximum residential density if the applicant agrees to construct the housing development in accordance with all of the following criteria:
1. At least ten percent of the total dwelling units, excluding any units permitted by the density bonus, are provided at affordable ownership costs to moderate income households; and
2. The housing development is a common interest project as defined by California Civil Code Section 1351; and
3. All of the dwelling units in the housing development are offered for sale to the public.
C. Higher density bonus for greater contribution of affordable units. l.Upon written request to the City, an applicant for a housing development that is eligible for a density bonus based upon the contribution of affordable units, may receive a higher amount of density bonus if the percentage of very low, lower, and moderate-income housing units exceeds the base percentage established in subsection A or B of this Section, as follows:Government Code_f_Section65915,and_amended from time_to time,
2. An additional density bonus may be granted provided that the resulting housing development would not restrict more than 50 percent of the total units to moderateincome, lower--income, or very low--income households and when an applicant proposed to construct a housing development that conforms to the requirements of Government Code§ Section 65915 and meets the following requirements:
a. 24 percent of the total units to lower--income households. b. 15 percent of the total units to very low--income households c. 44 percent of the total units to moderate-income households.
3. An additional density bonus shall be granted for a housing development that meets the requirements of section_Cl.above, calculated as follows; 5 20
6 23.75
7 27.5
8 31.25
9 35
10 38.75
5 20
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s 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
12 38.75
13 42.5
14 46.25
15 so
4. The increase required_shall be in_addition to any increase in density granted by subdivision b)Government Code$ Section65915(b)
1.5.The additional density bonus required shall be calculated using the number of units excluding any density bonus awarded by this section.
1. 5
6 32
8 9
10 ±±
Very low income units. For each one percent increase above five percent in affordable units for very low income households, the density bonus shall be increased by two and one half percent up to a maximum of 35 percent, as followsLowiner come units. For each one percent increase above ten percent itn he affordable units for lower income householdths, e density bonus shall be increased by one and one·half percent upo a maximum of 35 percent, as shown in Table 2. 6
Chapter 4-32. Affordable Housing Incentives
10 20.0
11 21.5
12 23.0
13 24.5
14 26.0
15 27.5
16 29.0
17 30.5
18 32.0
49 33.5
20 35.0
Moderate income units. For each one percent increase aboten percen ve t inaffordable units offered for sale to moderate income households, the density bonus shall be increased by one percent up to maximum35 percent, as shown in Table 3. 10 5
11 6
12 7
13 8
14 9
45 10
16 11
17 12
18 13
19 14
20 15
21 16
22 17
23 18
24 19
25 20
, 26 21
27 22
28 23
29 24
30 25
31 26
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32 27
33 28
34 29
35 30
36 31
37 32
38 33
39 34
40 35
D. Continued affordability.
Affordable units qualifying a housing development for a density bonus shall remain affordable as follows:
1. Very low income and low-income household units shall remain affordable to the designated income group for a minimum of 30 years, or for a longer period of time if required by any construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program applicable to the dwelling units.
2. Moderate income household units shall remain affordable for a minimum of 30 years, or for a longer period of time if required by any construction or mortgage financing assistance program, mortgage insurance program applicable to the dwelling units.
E. Specification of basis for density bonus.
Each applicant who requests a density bonus pursuant to this Section, shall elect whether the bonus will be awarded on the basis of subsection A.1, A.2, A.3, or B of this Section. Each housing development is entitled to only one density bonus, which may be selected based on the percentage of either very low income affordable housing units, lower income affordable housing units or moderate income affordable housing units, or the development's status as a senior citizen housing development. Density bonuses from more than one of these categories may not be combined.
(Ord. No. 482, § 2(Exh. A), 3-6-18)
Sec. 4-32-040. Additional density bonus for donations of land.
A. Land suitability.
Upon written request, when an applicant for a tentative map, subdivision map, parcel map, or other residential development approval qualified for a density bonus pursuant to Section 4-32- 030 of this Chapter also donates land to the City in accordance with this Section, the applicant shall be entitled to an additional density bonus. Applicants donating land to the City shall be eligible for an additional 15 percent density bonus at the site of the housing development if the donated land is suitable for the construction of very low-income units equaling at least ten percent of the market rate units being constructed for the project. The density bonus provided 8
Chapter 4-32. Affordable Housing Incentives
pursuant to this Section shall be in addition to any density bonus granted pursuant to Section 4- 32-030 of this Chapter, up to a maximum combined density bonus of 35 percent.
B. Qualification criteria .
. To qualify for the additional density bonus described in subsection A of this Section, the donation of land must meet all of the following criteria:
1. The tentative map, subdivision map, parcel map, or other residential development must otherwise be subject to a density bonus pursuant to Section 4-32-030 of this Chapter; and
2. The land must be transferred no later than the date of the approval of the final subdivision map, parcel map, or housing development application; and
3. The developable acreage and zoning classification of the land being transferred must be sufficient to permit construction of dwelling units affordable to very low-income households in an amount not less than ten percent of the total number of market rate dwelling units in the proposed development (i.e., the proposed development before the addition of any density bonus); and
4. The donated land is at least one acre in size or is large enough to permit development of at least 40 units, has the appropriate general plan land use designation, has the appropriate zoning and development standards for affordable housing and, at the time of project approval is, or at the time of construction will be, served by adequate public facilities and infrastructure; and
5. No later than the date of approval of the final map, parcel map, or other development application for the housing development, the donated land must have all of the applicable permits and approvals (other than building permits) necessary for the development of the very low income housing units on the donated land, except that the City may subject the proposed housing development to subsequent design review to the extent authorized by California Government Code Section 65583.2 Subsection (i) if the design is not reviewed by the City prior to the time of transfer; and
6. The donated land is subject to a deed restriction ensuring continued affordability of the very low-income units consistent with Section 4-32-030.D. of this Chapter, which deed restriction shall be recorded upon the donated property at the time of its transfer; and
7. The land will be transferred to the City, or to a housing developer approved by the City. The City reserves the right to require the applicant to identify a developer and to require that the land be transferred to that developer; and
8. The land is within the boundary of the proposed housing development or within one-fourth mile of the boundary of the proposed housing development; and
9. No later than the date of approval of the final map, parcel map, or other development application for the housing development, a proposed source of funding for the construction of the very low-income units shall be identified.
C. Additional density bonus based on greater suitability of land for very low-income housing.
For each one percent increase above the minimum ten percent in the number of very lowincome housing units that can be accommodated on the donated land, the maximum density bonus shall be increased by one percent, up to a maximum of 35 percent, as follows.
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Table 4 Land Donation
Percentage of Very Low-Income Units That Can Be
Accommodated on Donated Land Percentage of Additional Density Bonus 10 15
11 16
12 17
13 18
14 19
15 20
16 21
17 22
18 23
19 24
20 25
21 26
22 27
23 28
24 29
25 30
26 31
27 32
28 33
29 34
30 35
(Ord. No. 482, § 2(Exh. A), 3-6-18)
Sec. 4-32-050. General provisions governing density bonus calculations.
A. For the purposes of any provisions in this Chapter, an applicant may elect to accept a lesser percentage of density bonus than that to which the housing development is eligible.
B. When calculating the number of permitted density bonus units, any calculations resulting in fractional units shall be rounded up to the next larger whole number.
C. For the purpose of calculating a density bonus, the dwelling units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the affordable units are located.
D. For the purposes bf this Chapter, the "total units" or "total dwelling units" in a housing development does not include those units added by any density bonus. 10
Table 5 Density Bonus Summary
Chapter 4-32. Affordable Housing Incentives
Types of Affordable Percent of Affordable
Units Providing Additional Bonus for Units Required for Eligibility for A Density Bonus Each 1% Increase in Maximum Bonus Minimum Percent Granted Affordable Units Bonus
Very Low Income
Lower Income
Moderate Income
Senior Citizen Housing
Land Donation for Very
Low-Income Housing
5%
10%
10%
Qualified development
Land donated can
accommodate 10% of
market rate units, plus
housing development
qualified for density
bonus as an affordable
or senior project.
20%
20%
5%
20% of the
units
15%
2.5% bonus through
11% of units
3.75% from 11%--15%
of units
1.5% bonus through
20% of units
3.75% from 20%--24%
of units
1%_bonus through 40%
of units
3.75% from 41%--44%
1%
151%for50%ma
240%_for 50%max
30% of market rate
units (assuming
housing development
provides 5% very lowincome units) for 35%
max
(Ord. No. 482, 5 2(Exh. A), 3-6-18)
Sec. 4-32-060. Incentives and concessions for affordable housing.
A. A. Definition of a qualified incentive or concession.
PAs per Government Code8Section-65915,as it may be modified from time to time,the Applicant shall submit a Density Bonus Application, for the specific incentives or concessions that the Applicant requests. The City shall grant the concession or incentive requested by the Applicant unless the City makes a written finding, based upon substantial evidence, of either of the following:
1. The concession or incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs. or for rents for the affordable housing units; or
1.2. The concession or incentive would have a specific adverse impact upon public health and safety, or on any real property that is listed in the Federal Register of Historic Resources, the California Register of Historical Resources, or the City's List of Officially Designated Architecturally and Historically Significant Buildings and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to Low and Moderate Income households; or
3. The concession or incentive would be in compliance with state or federal law.
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B. A qualifying project shall be entitled to at least one but no more than three of the following incentives identified by state law:
8. 1. 1. A reduction in the parcel development standards (e.g. coverage, setback, zero lot line and/or reduced parcel sizes, architectural design requirements and/or parking requirements). Development standard means any ordinance, general plan element, specific plan, condition, law, policy, resolution, or regulation. In no case may the City apply a development standard that will have the effect of precluding the construction of affordable units. A waiver or modification to development standards may be requested by the applicant, and shall be approved unless such waiver or modification creates an adverse impact as described in subsection C.2, below.
1. The City shall consider the following modifications in parcel development standards as an incentive for a qualifying affordable housing project:
a. Athiry30percent[0%)reduction in minimum lot size and reduction in minimum lot dimensions to accommodate the reduced minimum lot size. b_ A_height increase of20twenty-percent420%), or enough to accommodate one additional story, whichever is greater, up to 35 feet.
_. A2Qtwentpercent (20%)reduction in setback requirements, provided these reductions do not affect any easement, right-of-way, safety code, or dedication as determined by the City Engineer.
d_ Atwent20ypercent[0%]reduction in parking requirements for sites located outside transit-rich areas. as defined by California Public Resources Code§ 21064.3. e. Afifteen15 percent(15%)reduction in open space requirements, f. A 15 percent increase in lot coverage.
2. 2. Approval of mixed--use zoning in conjunction with the housing project if nonresidential land uses will reduce the cost of the housing project, and the nonresidential land uses are compatible with the housing project and existing or planned development in the area where the proposed development will be located.
32. Other regulatory incentives or concessions proposed by the applicant or the City that will result in identifiable, financially sufficient, and actual cost reductions.
3. C. Number of incentives or concessions.
1. As defined in Government Code§ Section-65915,as it may be modified from time to time, projects that include certain percentages of affordable units qualify for various incentives or concessions from development standards. The number of incentives or concessions that 12
Chapter 4-32. Affordable Housing Incentives
may be requested and granted shall be based upon the number the applicant is entitled to pursuant to Government Code $Section-65915.
The number of incentives shall be based on the percentage of affordable units in the project:
1. One incentive or concession shall be entitled for projects where at least five percent of the total units are for very low income households, ten percent of the total units are for lower income households, or£en percent of the total units in a common interest development are sold to moderate income households.
2. Two incentives or concessions shall be entitled for projects where at least ten percent of the total units are for very low income households, 20 percent of the total units are for lower income households, er at least 20 percent of the total units in a common interest development are sold to moderate income households3. Three incentives-or concessions shall be entitled for projects where at least 15percent of the total units are for very low income households, 30 percent of the total units are for lower income households, or 30 percent of the total units in a common interest development are sold to moderate income householdsVery low Income 5% 10% 15% Low lncome 10% 20% 30%
Moderate Income 10% 20% 30%
Maximum incentives/concession(gs 1 2 3
Ae incentive or concession maybe requested only if an application is also made for a density bonusIncentives or-concessions-may be selected from only one category [very law, lower, or moderate) 4Ne incentiwes or concessions-are available for land donation CD. Findings to deny incentive or concession.
The City shall grant the incentive or concession requested by the applicant unless the City makes a written finding based upon substantial evidence of any of the following:
1. The incentive or concession is not required in order to provide for affordable housing costs or for affordable rents for the restricted units; or
2. The concession or incentive would have a specific adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse without rendering the development unaffordable to low and moderate-income households. A specific adverse impact means a significant, unavoidable impact, as provided in written standards, policies, or conditions; or
3. The incentive or concession would be contrary to state or federal law.
ED. Exceptions.
This Section does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly owned land, by the City or the waiver of fees or Draft 2024 13
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dedication requirements. Nor does any provision of this Section require the City to grant an incentive or concession found to have a specific adverse impact.
E. Amendment, zone change.
The granting of a concession or incentive shall not be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, or other discretionary approval.
(Ord. No. 482, 5 2(Exh. A), 3-6-18)
Sec. 4-32-070. Waivers and modifications of development standards.
A. Applicants granted a density bonus pursuant to Section 4-32-030 of this Chapter may, by written proposal, seek a waiver, modification or reduction of development standards that would otherwise have the effect of physically precluding the construction of the housing development at the densities or with the concessions or incentives permitted pursuant to this Chapter. The applicant may also request a meeting with the City to discuss such request for waiver and modifications.
B. In order to obtain a waiver or modification of development standards, the applicant shall show that the development standards will have the effect of precluding the construction of a housing development meeting the criteria of Section 4-32-030 of this Chapter, at the densities or with the concessions or incentives permitted by this Chapter.
C. A proposal for the waiver or reduction of development standards pursuant to this Section shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to Section 4-32-060 of this Chapter.
D. The City may deny a request for any waiver, modification or reduction of development standards if the wavier, modification or reduction would have a specific adverse impact.
E. If a 100percent% affordable project is located within a half mile of a major transit stop. the local government may not impose any maximum density limits at all, and the project is further entitled to receive a maximum height increase of up to three additional stories or 33 feet.
However,if the project receives a waiver from_maximum controls on density, it is not eligible for the waiver or reduction of any development standards which would otherwise be available. -±OOOne hundred percent-% affordable projects are also entitled to a fourth incentive or concession.
(Ord. No. 482, 6 2(Exh. A), 3-6-18)
Sec. 4-32-080. Parking incentives.
A. Upon the written request of the applicant for a housing development meeting the criteria for a density bonus under Section 4-32-030 of this Chapter, the City shall not require a vehicular parking ratio that exceeds the following:
1. Zero to one bedroom units: One onsite parking space.
2. Two to three bedroom units: Two onsite parking spaces.
3. Four and more bedroom units: Two and one-half parking spaces. 14
Chapter 4-32. Affordable Housing Incentives
B. Guest parking and handicapped parking shall be included within the maximum number of spaces that may be required. If the total number of parking spaces required for a housing development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this Section, a housing development may provide onsite parking through tandem parking or uncovered parking, but not through on street parking. For purposes of this Chapter, the parking ratios set forth in this Section shall be deemed a concession or incentive available to the applicant under Section 4-32-060 of this Chapter.
C. Special parking requirements. Lower parking ratios apply to specified projects . 1 Rental/for sale projects with at least11 percent%very low--income or 20% percent lowerincome units, within 1/lone-half mile of accessible major transit stop one-half parking space.
2. Rental projects100 percent9% affordable to lower--income households, within one-half1f2 mile of accessible major transit stop: zero parking spaces.
3. Rental senior projects 10@percent% affordable to lower--income households, either with paratransit service or within 1/Rone--half mile of accessible bus route (operating at least eight times per day): zero parking spaces
4. Rental special needs projects 100 percent9% affordable to lower--income households, either with paratransit service or within one½f:2:-half mile of accessible bus route (operating at least eight times per day): zero parking spaces.
5. Rental supportive housing developments 100% percent affordable to lower--income households: zero parking spaces.
D. Onsite spaces may be provided through tandem or uncovered parking, but not on--street parking. Requesting these parking standards does not count as an incentive or concession, but the developer may request further parking standard reductions as an incentive or concession. (Ord. No. 482, 5 2(Exh. A), 3-6-18)
Sec. 4-32-090. Standards for density bonus housing developments.
A. Affordable units qualifying a housing development for a density bonus shall be reasonably dispersed throughout the housing development and compatible with the design of market rate units in terms of appearance, materials, and finished quality. The applicant may reduce the interior amenities and square footage of inclusionary units, provided all units conform to all other requirements of this zoning and subdivision code.
B. For developments with multiple market rate units containing differing numbers of bedrooms, affordable units qualifying a housing development for a density bonus shall be representative of the market rate unit mix.
C. All building permits for affordable units qualifying a housing development for a density bonus shall be issued concurrently with, or prior to, issuance of building permits for the market rate units, and the affordable units shall be constructed concurrently with, or prior to, construction of the market rate units. Occupancy permits and final inspections for affordable units qualifying Draft 2024 15
City of Gustine
Zoning and Subdivision Code
a housing development for a density bonus shall be approved concurrently with, or prior to, approval of occupancy permits and final inspections for the market rate units. (Ord. No. 482, 5 2(Exh. A), 3-6-18)
Sec. 4-32-100. Application requirements.
A. An application for a density bonus, incentive, concession, waiver, modification, or revised parking standard pursuant to this Section shall be submitted with the first approval of the housing development commercial development, or mixed-use development and processed concurrently with all other applications required -for the housing development.
B. For affordable units qualifying the housing development for a density bonus, the application shall include the following information:
1. A site plan identifying the base project without the density bonus, number and location of all inclusionary units, affordable units qualifying for the project for a density bonus, and proposed density bonus units; and
2. Proposed category(ies) qualifying the housing development for a density bonus; and
3. Level of affordability of all affordable and inclusionary units and proposals for ensuring affordability, if applicable; and
4. A description of any requested incentives, concessions, waivers or modifications of development standards, or modified parking standards.
5. If a density bonus or concession is requested for a land donation, the application shall show the location of the land to be dedicated and provide evidence that each of the findings included in Section 4-32-040 of this Chapter can be made.
5. Adescription of all dwelling units existing on the site in the five-year period preceding the date of submittal of the application and identification of any units rented in the five-year period. If dwelling units on the site are currently rented, income and household size of all residents of currently occupied units, if known. If any dwelling units on the site were rented in the five-year period but are not currently rented. the income and household size of residents occupying dwelling units when the site contained the maximum number of dwelling units, if known. (See Section4-22-079,Required Replacement of Affordable Units.)
7.Description of any recorded covenant, ordinance, or law applicable_to_the site that restricted rents to levels affordable to very_-low- pr lower--income households in the fiveyear period preceding the date of submittal of the application (See Section4-22-079, Required Replacement of Affordable Units.)
6.8.If a density bonus is requested for aland donation, the location of theland to be dedicated, proof of site control, and reasonable documentation that each of the requirements included in California Government Code6Section65915,subdivision(g) can be met, C. Upon submission of the application to the City, the Economic and Community Development Director Planning Director or designee shall determine if the application is complete and conforms to the provisions of this Chapter. No application for a first approval for a housing development requesting a density bonus, incentives, concessions, or waivers may be deemed 16
Chapter 4-32. Affordable Housing Incentives
complete unless an affordable housing plan is submitted conforming to the provisions of this Chapter.
D. A request for a minor modification of an approved application may be granted by the Economic and_Community_Development Director Planning Director-City Manager or designee if the modification is substantially in compliance with the original application and the conditions of approval. Other modifications to the affordable housing plan shall be processed in the same manner as the original application.
(Ord. No. 482, 5 2(Exh. A), 3-6-18)
Sec. 4-32-110. Application review.
A. An application for a density bonus, incentive, concession, waiver, modification, or revised parking standard pursuant to this Chapter shall be reviewed as part of the first approval of the housing development by the approval body with authority to approve the housing development, unless additional review by the Planning Commission or City Council is required.
An applicant proposing a housing development pursuant to this Chapter, may submit a preliminary application prior to the submittal of any formal request for approval of a housing development.
B. Within 90 days of receipt of the preliminary application the City shall provide to an applicant, a letter which identifies project issues of concern (the maximum financial assistance that the Economic and Community Development Director Planning Director can support when making a recommendation to the City Council), and the procedures for compliance with this Chapter. The Economic and_Community Development Director Planning Director shall inform the applicant that the requested additional incentives shall be recommended for consideration with the proposed housing development, or that alternative or modified additional incentives pursuant to Section 4-32-060 of this Chapter shall be recommended for consideration in lieu of the requested incentives. If alternative or modified incentives are recommended by the Economic and Community Development DirectorPlanning Director, the recommendation shall establish how the alternative or modified incentives can be expected to have an equivalent affordability effect as the requested incentives.
C. Before approving an application for a density bonus, incentive, concession, waiver, or modification, the approval body shall make the following findings:
1. The housing development is: a) eligible for a density bonus, and/or b) any concessions, incentives, waivers, modifications, or reduced parking standards requested conform to all requirements of this Chapter, and c) supported by a financing mechanism for all implementation and monitoring costs.
2. If the density bonus is based all or in part on dedication of land, the application meets the qualifications and findings stated in Section 4-32-040 of this Chapter.
3. If a waiver or modification is requested, the applicant has shown that the waiver, modification or reduction of development standards meets the qualifications and findings stated in Section 4-32-070 of this Chapter.
D. If the findings stated in subsection C of this Section can be made, and a request for an incentive or concession is otherwise consistent with this Chapter, the approval body may deny a Draft 2024 17
City of Gustine
Zoning and Subdivision Cade
concession or incentive based upon written findings of any of the factors stated in Section 4-32- 060 of this Chapter for the denial or disqualification of a concession or incentive.
E. If the required findings stated in subsection C of this Section can be made, and a request for a waiver or modification is otherwise consistent with this Chapter, the approval body may deny the requested waiver or modification based upon written findings of any of the factors stated in Section 4-32-070 of this Chapter for the denial or disqualification of a waiver or modification.
F. Nothing in this Section shall be interpreted to require the City to grant an incentive or concession or to waive or reduce development standards if that incentive, concession, waiver, or reduction has a specific adverse impact upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
G. Any decision regarding a density bonus, incentive, concession, waiver, modification, or revised parking standard may be appealed pursuant to Chapter 4-74 (Appeals) of Article 7 (Zoning and Subdivision Code Administration) of the Gustine Zoning and Subdivision Code. In accordance with state law, neither the granting of a concession or incentive, nor the granting of a density bonus, shall be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval.
(Ord. No. 482, § 2(Exh. A), 3-6-18)
Sec. 4-32-120. Developer affordable housing agreement.
A. Applications requesting a density bonus shall agree to enter into a density bonus housing agreement with the City. The terms of the draft agreement shall be reviewed and revised as appropriate by the Economic and Community Development DirectorPlanning Director, who shal formulate a recommendation to the Planning Commission for final approval. A density bonus housing agreement shall be made a condition of the discretionary planning permits for all housing developments pursuant to this Chapter and shall be recorded as a restriction on any parcels on which the affordable units or density bonus units will be constructed.
8. The density bonus housing agreement shall be recorded prior to final or parcel map approval, or, where the housing development does not include a map, prior to issuance of a building permit for any structure in the housing development. The density bonus housing agreement shall run with the land and bind future owners and successors in interest. (Ord. No. 482, § 2(Exh. A), 3-6-18)
Sec. 4-32-130. SB 35- Streamlined affordable housing.
A. Eligibility.
California Senate Bill 35 (SB 35) created a "streamlined ministerial approval process" for certain housing projects under Government Code § 65913.4. To qualify for the "streamlined ministerial approval process." the project must satisfy the eligibility requirements listed in the checklist below:
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Chapter 4-32. Affordable Housing Incentives
1. The development is a multi-family housing development that contains two ffior more residential units.
2. The site is a legal parcel or parcels located in a city if, and only if, the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel or parcels wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
3. The development is located on a site in which at least 75 percent9% of the perimeter of the site adjoins parcels that are developed with urban uses {including parcels that are only separated by a street pr highway). "Urban uses" means any current or former residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses,
4. The development is located on a site that is zoned for residential use or residential mixeduse development, or has a general plan designation that allows residential use or a mix of residential and non-residential uses.
5. At least two-thirds of the square footage of the development is designated for residential use.
a. At least 10 percent of the proposed residential units s must be dedicated as affordable to households at or below 80 percent AMI for either rental or ownership projects
6. The development did not or does not involve a subdivision of a parcel that is or would otherwise be subject to the Subdivision Map Act {Government Code § Section 66410 et seq.) or any other applicable law authorizing the subdivision of land, unless either of the following apply:
a. The development has or will receive financing through a low--income housing tax credit and is subject to the requirement that prevailing wages be paid pursuant to Government Code§ Section 65913.4{al{8){A).
b. The development is subject to the requirement that prevailing wages be paid, and a skilled and_trained workforce used,pursuant to Government Codes Section 65913.4(a)(8)
7. The development is not on an existing parcel of land or site that is governed under the Mobilehome Residency Law {Chapter 2.5 {commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code). the Recreational Vehicle Park Occupancy Law (Chapter 2.6 {commencing with Section 799.20)of Title 2 of Part 2 of Division 2 of the Civil Code), the Mobilehome Parks Act (Part 2.1 {commencing with Section 18200)of Division 13 of the Health and Safety Code}, or the Special Occupancy Parks Act (Part2.3(commencing with Section 18860)of Division 13 of the Health and Safety Code).
8. The development. excluding any additional density or any other concessions, incentives, or waivers of development standards for which the development is eligible pursuant to the Density Bonus Law in Section 65915, is consistent with objective zoning standards, objective subdivision standards, and objective design review standards in effect at the time that the development is submitted to the local government.
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City of Gustine
Zoning and Subdivision Code
9. The development proponent shall demonstrate that. as of the date the application is submitted, the development is not located on a legal parcel(s) that is any of the following:
a. Within a coastal zone, as defined in Division 20 (commencing with section 30000) of the Public Resources Code.
b. Prime farmland or farmland of statewide importance, as defined pursuant to the United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that locality.
c. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21,1993)
d. Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (bl of Section 51179,or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.
e. A_hazardous waste site that is listed pursuant to Section65962.5pr a_hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses. f. Within a delineated earthquake fault zone as determined by the State Geologist in any official_maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901)of Division 13 of the Health and Safety Code), and by any local building department
g. Within a special flood hazard area subject to inundation by the onel percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency ln any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shallnotdeny_the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met: (i) The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction. (ii) The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section59.1) 20
Chapter 4-32. Affordable Housing Incentives
and Part60(commencing with Section 60.1)of Subchapter B of Chapter[ of Title44of the Code of Federal Regulations,
h. Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section
60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not denv the application on the basis that the development proponent did not comply with any additional permit requirement, standard. or action adopted by that local government that is applicable to that site. i. Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act(Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code). habitat conservation plan pursuant to the federal Endangered Species Act of 1973(16US.C Sec.1531 et seq.), or other adopted natural resource protection plan, j. Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code). or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code). k. Lands under a conservation easement.
I. The development would require the demolition of a historic structure that was placed on a national, state, or local historic register.
B. Fees.
The Council shall establish a schedule of fees for the processing of the applications required by this Zoning and Subdivision Code, hereafter referred_to as the City's Fee Schedule.
C. Project application submittal requirements.
1. Applicants must submit a "preliminary application" with a notice of intent to invoke the provisions of SB 35.
2. Prior to accepting an SB 35 application. the City must consult with Native American tribes based on the submitted notice of intent.
3. If the development is in a moderate resource area, low resource area, or an area of high segregation and poverty, as shown on the CTCAC/HCD Opportunity Map, the City is required to hold a public meeting within 45 days of receiving a notice of intent and before the developer submits an SB 35 application.
4. Once the tribal consultation and public meeting, if required, are completed. the developer is eligible to submit an SB 35 application which shall include:
a_ Proiect eligibility for$B35review;and
b. Architectural Review application and subdivision application materials (if required).
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Zoning and Subdivision Code
D. Parking requirements.
A minimum of one off-street parking space per unit shall be provided unless the project site meets one of the following criteria:
1. It is located within a½ mile of public transit.
2. It is located within an architecturally or historically significant historic district.
3. It is within one block of a car share vehicle with a fixed position.
4. There_is an on-street parking permit program which is not offered_to the occupants of the project.
E. Timelines.
SB 35 establishes mandatory timelines for lead agencies to complete their streamlined review.
Lead agencies must determine if a project is eligible for streamlining within:
1. 60 days of application submittal for projects of 150 or fewer units, or
2. 90 days of application submittal for projects containing more than 150 units.
F. California Native American Ttribales notification.
Within_30 calendar days of receiving the applicant's"preliminary application" for$B35,the lead agency must provide formal notice to each California Native American Ttribe about the proposed development. The formal notice must Include the location and description of the proposed development and an invitation to engage in a scoping consultation. Each Tribe then has 30 calendar days to respond and accept the invitation to engage in consultation, and after receiving the acceptance invitation. the agency has 30 calendar days to initiate consultation. If there is no response to the notification of intent or an agreement reached in a scoping consultation and the project application is deemed complete and qualifies for SB 35 review, the project is eligible for SB 35 ministerial approval. If an agreement with one or more tribes is not reached, a project is not eligible for SB35approval.Provided that the notification and scoping session result in either an agreement or no response, SB 35 timelines shall commence provided an application is submitted.
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Chapter 4-36. Parking and Loading
Chapter 4-36. Parking and Loading
Sections
Sec. 4-36-010. Purpose.
The requirements of this Chapter are intended to ensure that sufficient off-street parking facilities are provided for all uses, and that parking facilities are properly designed, attractive, and located to be unobtrusive while meeting the needs of the specific use.
Sec. 4-36-020. Applicability.
Each land use and structure, including a change or expansion of a land use or structure shall provide offstreet parking and loading areas in compliance with this Chapter. A land use shall not be commenced and a structure shall not be occupied until the improvements required by this Chapter are completed and approved by the Director.
Sec. 4-36-030. General parking regulations.
A. Parking and loading spaces to be permanent.
Each parking and loading space shall be permanently available, marked, and maintained for parking or loading purposes for the use it is intended to serve. The approval of a Limited Term Permit (Section 4-62-030) may allow the temporary use of a parking or loading space for other purposes.
B. Parking and loading to be unrestricted.
An owner, lessee, tenant, or other person having control of the operation of a premise for which parking or loading spaces are required by this Chapter shall not prevent, prohibit or restrict authorized persons from using the spaces without the prior approval of the Director.
C. Vehicles for sale.
No vehicle, trailer or other personal property shall be parked on private property for the purpose of displaying the vehicle, trailer, or other personal property for sale, hire, or rental, unless the property is appropriately zoned, approved by the City for that use, and the person or business at that location is licensed to sell vehicles, trailers, or other personal property. However, one vehicle or trailer owned by the owner, renter, or lessee of the property may be displayed for the purpose of sale for a maximum of one month.
D. Recreational vehicle parking.
The storage (parking for any period longer than 72 hours) of a recreational vehicles and/or boat in a residential zoning district shall be allowed only when all portions of the vehicle or boat are located entirely within the property boundaries and do not extend into the public right-of-way. Parking within setback areas shall also comply with Section 4-30-090.D (Limitations on the Use of Setbacks).
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City of Gustine
Zoning and Subdivision Code
Sec. 4-36-040. Number of parking spaces required.
Each land use shall be provided the number of off-street parking spaces required by this Section.
See Sections 4-36-100, and 4-36-110 for off-street parking requirements for bicycles and motorcycles, respectively.
A. Parking requirements by land use.
1. Each land use shall provide the number of off-street parking spaces required by Table 3-7, except where a greater number of spaces is required through Use Permit approval.
2. A land use not specifically listed by Table 3-7 shall provide parking as required by the Director. The Director shall use the requirements Table 3-7 as a guide in determining the number of off-street parking spaces required.
3. In any case where Table 3-7 establishes a parking requirement based on floor area in square feet (for example: 1 space per 1,000 sf of floor area), the floor area shall be construed to mean gross interior floor area.
B. Expansion of structure, change in use.
When a structure is enlarged, or when a change in its use requires more off-street parking than the previous use, additional parking spaces shall be provided in compliance with this Chapter except where the number of additional spaces required is 10 percent or less of the number of existing spaces. See also Chapter 4-72 (Nonconforming Uses, Structures, and Parcels).
C. Multi-tenant sites.
A site with multiple tenants shall provide the aggregate number of parking spaces required for each separate use; except where the site is developed as an integrated center with shared parking and no spaces reserved for a particular use, parking shall be provided as required by Table 3-7 for a shopping center. When a multi-tenant center includes one or more uses that will need more parking than retail uses (for example, a fitness center, restaurant, or theater) additional parking shall be required for the non-retail use unless a parking reduction is approved in compliance with 4-36-050 (Reduction of Parking Requirements).
D. Excessive parking.
The City discourages a land use being provided more off-street parking spaces than required by this Chapter, to avoid the inefficient use of land, unnecessary pavement, and excessive storm water runoff from paved surfaces. The provision of off-street parking spaces in excess of the requirements in Table 3-7 is allowed only with Use Permit approval, and when additional landscaping and pedestrian amenities are also provided to the satisfaction of the review authority.
E. Bench or bleacher seating.
Where fixed seating is provided as benches, bleachers, pews, or similar seating, a seat shall be defined as 18 inches of bench space for the purpose of calculating the number of required parking spaces as provided in Table 3-7.
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Chapter 4-36. Parking and Loading
F. Nonconforming parking.
A structure with nonconforming off-street parking may be physically changed or undergo a change in use subject to the following provisions.
1. Residential uses. No additional parking spaces shall be required, provided the change does not increase the number of dwelling units, nor eliminate the only portion of the site that can be used for the required or existing parking or access.
2. Nonresidential uses. The number of existing parking spaces shall be maintained on the site and additional parking shall be provided in compliance with this Chapter for any additional floor area. If the use of the structure is changed to one that requires more parking than the previous use, the difference between the parking spaces required for the previous use and the new use shall be provided.
3. Waiver by Director. The Director may waive covered parking requirements when a nonconforming structure is proposed for rehabilitation if the Director determines that the existing structure location, lot size, or topography renders the requirement unreasonable.
Table 3-7 Parking Requirements by Land Use
Land Use Type Vehicle Spaces Required
Employee housing, 7 pr more employees(with_no_more ]space for each bedroom, than36_beds in group quarters or 12units or less]
Manufacturing Processing and Warehousing
All manufacturing, industrial and processing uses listed in Section 4-26-030, Table 2-7, except the following.
Recycling facilities
Scraps/dismantling yard
Small collection facility
Research and development laboratories
Recreation, Education, Public Assembly
Clubs, lodge, private meeting hall
Dance floor
Equestrian facilities - Commercial stables
Golf
Golf courses and country clubs
Golf driving range
Miniature golf courses
Commercial recreation facility - Indoor
Bowling alley
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1 space for each 200 sf of office area;
1 space for each 1,000 sf of ground and/or building area devoted to other than office;
1 space for each S,000 sf of open storage;
1 space for each company vehicle.
1 space for each 300 sf of gross building area, plus 1 space for each 10,000 sf of gross yard area.
Determined by Use Permit
1 space for each 300 sf of floor area, plus 1 space for each company vehicle.
1 space for each 200 sf of floor area.
1 space for each 50 sf of floor area.
1 space for each 5 horses boarded.
4 spaces per hole, plus as required by this table for accessory uses (e.g., pro shop, bar, restaurant, banquet room, etc.) 1 space for each tee.
3 spaces for each hole, plus as required by this table for accessory uses (e.g., game room, food service, etc.}
4 spaces for each alley.
1 space for each 100 sf of floor area.
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City of Gustine
Zoning and Subdivision Code
Land Use Type Vehicle Spaces Required
Game arcade
Pool or billiard room
Skating rink
Commercial recreation facility- Outdoor
Fitness/health facility
Library, museum
Religious facility
Schools (public and private)
Kindergarten and nursery schools
Elementary/junior high
High school
Colleges and universities (including trade, business,
and art/music/dancing schools)
Studios (art, dance, music, photography, etc.)
Swimming pools (public, private and commercial)
Tennis/racquetball/handball or other courts
Theaters, auditoriums & places of assembly
Residential Uses
Accessory Dwelling Units
Emergency Shelter
Employee Housing, 6 or fewer employees
Live/work unit
Mobile home
Individual mobile home
Mobile home park
Multi-family dwelling
Multi-family dwelling in a mixed use project
Organizational house
Residential care homes£ommunity_care_facility
Six or fewer clients
4 2 spaces for each table.
1 space for each 100 sf of rink area.
Determined by Use Permit
1 space for each 300 sf of floor area.
1 space for each 300 sf of floor area.
1 space for each 4 seats, or 1 space for each 75 sf of floor area, whichever is greater; plus 1 space for each classroom or office.
1 space per employee plus 1 space per 10 children.
1 space per employee plus 1 space per 8 students.
1 space per employee plus 1 space per 4 students.
1 space per 1.5 students.
1 space for each 300 sf of floor area.
1 space for each 100 sf of pool area.
2 spaces for each court, plus 1 space for each 500 sf of floor area for accessory uses.
1 space for each 5 seats, or 1 space for each 75 sf of floor area, whichever is greater.
See section4-44 14g for ADU parking requirements 15ease eef ±nit/bedroom[whichever-isless,consistentwith
Government-Cede Section65854d(±S) and [ill@)L
Spaces-maybe provided-as-tandem parking on-a dew±
I space_for every 3employees,
2permanently covered spacesl-space for each dwelling-unit 1spaces-space for each unit,
1 covered space for each unit.
1 covered space for each unit plus 0.5 uncovered guest
parking space and 0.25 parking space for each unit for
vehicle storage.
Studio or 1 bedroom unit - 1 space per unit
2 or 3-more bedroom unit - 2 spaces per unit
Guest parking - 1 space per each 4 units
Studio or 1 bedroom unit -1 space per unit
2 or 3 bedroom unit - 2 spaces per unit
Guest parking -1 space per each 4 units
1 covered or uncovered space for each bedroom.
2 covered spaces.
Chapter 4-36. Parking and Loading
Land Use Type Vehicle Spaces Required
Seven or more clients
Rooming and boarding houses
Second unit, carriage house
Senior housing project
Single-family dwelling
Single-room occupancy (SRO) housing
Supportive housing
Retail Trade
All "Retail Trade" uses listed in Section 4-24-030,
Table 2-4, except the following
Appliances, building materials, and furniture stores
Auto and vehicle sales and rental
Bar, night club
Convenience store
Plant nursery, garden supply store
Produce stand or other outdoor vendor
Restaurant
Shopping center
Service Uses
Banks and financial services
Car wash
Self service
Fu 11 service
Child day care
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1 space for each 2 residential units, plus 1 space for each S units for guests and employees.
1 covered or uncovered space for each bedroom.
1 off-street, all-weather surface parking space, plus the offstreet parking required for the main dwelling. 1 space for each two units, with half the spaces covered, plus 1 guest parking space for each 10 units.
2 permanently covered spaces.
]space per three units plus one space per 2employees on the largest shift but no less than two spaces for employes Same as multi-family dwelling.
No parking shall_be required when the development is
located within_one-half mile_of a public_transitstop.
1 space for each 200 sf of floor area, plus 1 space per 200 sf of outdoor sales area.
1 space for each 500 sf of indoor display area for first 10,000 sf, 1 space for each 1,000 sf of indoor display area over 10,000; 1 space for each 1,000 sf of outdoor display area. 1 space for each 400 sf of floor area for showroom and
office, plus 1 space for each 2,000 sf of outdoor display area, plus spaces as required by this Section for parts sales ("retail trade," above), and vehicle services.
1 space for each 50 sf of seating area and waiting/lounge area exclusive of dance floor, plus 1 space for each 30 sf of dance floor. ·
1 space for each 250 sf of floor area.
1 space for each 2,000 sf of site area; 1 loading space, 15 ft. x 30 ft., for each acre.
3 spaces minimum, located at least 20 feet off the public right-of-way or 20 feet from the front property line with no automobile maneuvering permitted in the public right-ofway. The Use Permit may require additional parking, depending on the nature of the sales proposed.
1 space for each 80 sf of dining area.
1 space for each 250 sf of floor area for centers of less than 30,000 sf, and 1 space per 300 sf for centers of 30,000 sf or more.
1 space for each 300 sf of floor area plus 3 tandem stacking spaces for each outdoor teller or teller station.
1 drying space for each stall.
10 spaces, plus 6 spaces for each wash lane for queuing and drying area.
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City of Gustine
Zoning and Subdivision Code
Land Use Type Vehicle Spaces Required
Child/adult care centers
Equipment rental
Laundry - Dry cleaning pick-up facilities and
Laundromats
Laundry - Laundries and dry cleaning plants
Lodging
Bed and breakfast inn
Hotel or motel
Recreational vehicle (RV) park
Medical services
Clinics, offices, and laboratories
Extended ca re
Hospitals
Mortuary, funeral home
Offices
Business, service, government
Processing
Professional
Personal services
All personal service uses except the following
Barber/beauty shops
Pet grooming
Service stations
Storage
Outdoor
Personal storage facilities (mini-storage)
Vehicle services
Veterinary clinics, animal hospitals, kennels
Kennels separate from other facilities
1 space for each employee plus 1 space for each 10 children. 1 space for each 300 sf of floor area; none required for outdoor storage and rental area provided sufficient area is provided within the yard to accommodate all customer
vehicles entirely on-site.
1 space for each 250 sf of floor area.
1 space for each 1,000 sf of floor area.
1 space for each guest room plus 2 covered spaces for the resident family.
1 space for each unit, plus 1 manager spaces, plus 1 space for each 2 employees on largest shift, plus required spaces for accessory uses.
1 space per RV space.
1 space for each 200 sf of floor area, or 4 spaces for each doctor, whichever is greater.
1 space for each 3 beds or patients the facility is licensed to accommodate.
1 space for each 250 sf of floor area.
1 space for each 6 seats in sanctuary.
1 space for each 250 sf of floor area.
1 space for each 150 sf of floor area.
1 space for each 300 sf of floor area
1 space for each 250 sf of floor area
2 spaces for each barber or beautician, with a minimum of 4 spaces.
1 space for each 400 sf of floor area.
1 space for each 500 sf of floor area, plus 3 spaces for each service bay.
1 space for each 3,000 sf of lot area.
4 spaces for manager office.
4 spaces per service bay, plus spaces for any office as required by this Section for offices.
1 space for each 250 sf of floor area.
1 space per employee plus 2 spaces.
(Ord. No. 479, $9,3-6-18; 0rd. No. 514, § 2,3-15-22)
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Chapter 4-36. Parking and Loading
Sec. 4-36-050. Disabled/handicapped parking requirements.
Parking spaces for the disabled shall be provided in compliance with the Uniform Building Code (UBC), the Federal Accessibility Guidelines, and/or California Code of Regulations Title 24, as applicable. These spaces shall count toward fulfilling the off-street parking requirements of this Chapter.
Sec. 4-36-060. Bicycle parking.
Each multi-family project and non-residential land use shall provide bicycle parking in compliance with this Section.
A. Number of bicycle spaces required.
1. Multi-family projects shall provide bicycle parking spaces equal to a minimum of 10 percent of the required vehicle spaces, unless separate secured garage space is provided for each unit. The bicycle spaces shall be distributed throughout the project.
2. Retail commercial and office uses shall provide bicycle parking spaces equal to a minimum of five percent of the required vehicle spaces, distributed to serve customers and employees of the project.
B. Bicycle parking design and devices.
Each bicycle parking space shall include a stationary parking device to adequately secure the bicycle, shall be a minimum of two feet in width and six feet in length, with a minimum of seven feet of overhead clearance, and shall be conveniently located and generally within proximity to the main entrance of a structure.
Sec. 4-36-070. Motorcycle parking.
Parking lots with 50 or more parking spaces shall provide motorcycle parking spaces conveniently located near the main entrance of a structure, accessed by the same aisles that provide access to the automobile parking spaces in the parking lot.
A. Number of spaces required.
A minimum of one motorcycle parking space shall be provided for each 50 automobile spaces or fraction thereof.
B. Space dimensions.
Motorcycle spaces shall have minimum dimensions of four feet by seven feet.
Sec. 4-36-080. Reduction of parking requirements.
A. Shared on-site parking.
Where two or more adjacent nonresidential uses have distinct and differing peak parking usage periods, (e.g. a theater and a bank), a reduction in the required number of parking spaces may be allowed through Use Permit approval. Approval shall also require a recorded covenant running with the land, recorded by the owner of the parking lot, guaranteeing that the required Draft 2024 7
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parking will be maintained exclusively for the use or activity served for the duration of the use or activity.
B. Waiver of parking.
The Director may reduce or waive the number of parking spaces required by Section 4-36-040 (Number of Parking Spaces Required) based on quantitative information provided by the applicant that documents the need for fewer spaces (e.g., sales receipts, documentation of customer frequency, information on parking standards required for the proposed land use by other cities, etc.).
C. Waiver of parking - Downtown off-hour uses.
The review authority for a planning permit application within the C-D zoning district may waive the parking requirements of this Chapter for land uses that are determined by the review authority to operate exclusively at night, when their peak parking demand occurs after the evening peak period parking demand within the C-D zone generally, and adequate on-street or public parking is available.
D. Alternative parking arrangements.
Other alternatives to the parking requirements of this Chapter may be approved by the review authority for projects within the C-D zone the applicant executes an agreement with the City to:
1. Pay a parking in-lieu fee, if an in-lieu fee program is established by the Council;
2. Waive the right to protest the formation of a parking district, if a parking district is formed by the Council; or
3. Provide some other fair share contribution acceptable to the review authority, where authorized by the Council.
The agreement shall be recorded prior to the issuance of a Building Permit for the project.
E. Off-site parking in the downtown.
Where approved by the review authority, parking required for a use proposed within the C-D zoning district may be located in a common or shared parking facility away from the site of the proposed use.
1. Evaluation of proposal. In considering a request for shared off-site parking, the review authority shall consider how the distance between the parking area and the proposed use may affect whether the off-site facility will satisfy the parking needs of the proposed use.
2. Guarantee of continued availability. Required parking spaces that are approved off-site shall be committed by a recordable covenant, lease, or other agreement, acceptable to the City Attorney. The parties to the covenant, lease, or agreement shall include the owners, and if applicable, the lessees of the off-site parking spaces and the owners, and if applicable, the lessees of the subject site, with covenants reflecting the conditions of approval and the approved off-site parking plan.
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3. Loss of off-site spaces.
a. Notification to the City. The owner/operator of a business that uses approved off-site spaces to satisfy its parking requirements shall immediately notify the Director of a change of ownership or use of the property for which the spaces are required, and of termination or default of the agreement between the parties. b. Effect of termination of agreement. Upon notification that a lease for required off-site parking has terminated, the Director shall determine a reasonable time in which one of the following shall occur:
(1) Substitute parking is provided that is acceptable to the Director; or (2) The size or capacity of the use is reduced in proportion to the parking spaces lost.
Sec. 4-36-090. Parking design and development standards.
Required parking areas shall be designed and constructed as follows.
A. Access to parking.
Access to parking shall be provided as follows for all parking areas other than garages for individual dwelling units.
1. Parking areas shall provide suitable maneuvering area so that vehicles exit to a street in a forward direction. Parking lots shall be designed to prevent access at any point other than at designated access drives. Single-family homes and duplexes are exempt from this requirement.
Figure 3- 7 Queing Area
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Figure 3-7 - Queuing Area
2. Industrial uses, and commercial uses that provide 50 or more parking spaces shall have access driveways that are not intersected by a parking aisle, parking space, or another access driveway for a minimum distance of 20 feet from the street right-of-way, to provide a stacking area for vehicles entering and exiting the parking area. See Figure 3-7.
3. A minimum unobstructed clearance height of 14 feet shall be maintained above areas accessible to vehicles within nonresidential uses.
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B. Access to adjacent sites.
Applicants for nonresidential development are encouraged to provide on-site vehicle access to parking areas on adjacent nonresidential properties to provide for convenience, safety, and efficient circulation. A joint access agreement running with the land shall be recorded by the owners of the abutting properties, as approved by the Director, guaranteeing the continued availability of the shared access between the properties.
Shared pedestrian access between adjacent properties, including residential developments is also strongly encouraged.
C. Location.
Parking areas shall be located as follows:
1. Residential parking shall be located on the same parcel as the uses served.
2. Nonresidential parking shall be located on the same parcel as the uses served or within 300 feet of the parcel (within 500 feet in the C-D zoning district) if shared parking or public parking facilities are used to meet parking requirements.
3. Nonresidential parking shall not be located within a required front yard setback area.
Parking may be located within a required side or rear yard setback provided it is separated from the side or rear property line by a minimum six-foot landscaped area.
4. Nonresidential parking within the C-D zoning district shall not be located between a building and the fronting street.
D. Parking stall and lot dimensions.
Each parking stall, aisle, and other parking lot features shall comply with the minimum dimension requirements in Gustine City Standards and Specifications. The minimum size requirements for parking spaces shall be 10ft by 20ft.
E. Landscaping.
Landscaping shall be provided in compliance with Section 4-34-040.C (Landscape Area Requirements - Parking Areas).
F. Lighting.
See Section 4-30-060 (Outdoor Lighting).
G. Striping and identification.
Parking spaces shall be clearly outlined with four-inch wide lines painted on the parking surface.
Car pool spaces shall be clearly identified for car pool use only. The re-striping of any parking space or lot shall require the approval of a re-striping plan by the Director.
H. Surfacing.
Parking spaces and maneuvering areas shall be paved and permanently maintained with asphalt, concrete or other all-weather surfacing approved by the Director.
1. Wheel stops/curbing.
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2. Continuous concrete curbing at least six inches high and six inches wide shall be provided for parking spaces located adjacent to fences, walls, property lines, landscaped areas, and structures. Individual wheel stops may be provided in lieu of continuous curbing when the parking is adjacent to a landscaped area, and the drainage is directed to the landscaped area.
When provided, wheel stops shall be placed to allow for two feet of vehicle overhang area within the dimension of the parking space.
Sec. 4-36-100. Driveways and site access.
Each driveway providing site access from a street, alley or other public right-of-way shall be designed, constructed and maintained as follows.
A. Number of driveways.
1. Multi-family and non-residential projects. A multi-family or non-residential project on a parcel of two acres or less shall be limited to a maximum of two driveways, unless the Director and City Engineer determine that more than two driveways are required to accommodate the traffic for the project. Whenever a property has access to more than one street, access shall be generally limited to the lowest volume street where the impact of a new access will be minimized.
2. Single-family dwellings and duplexes. A single-family dwelling or duplex shall be allowed one driveway. A circular driveway may be allowed on a parcel with 70 feet or more of street frontage. A parcel within a residential zoning district with a frontage of 200 feet or more may have two separate driveways, provided that they are separated by a minimum of 100 feet, or lesser distance as approved by the City Engineer based on consideration of site topography and traffic safety.
3. Shared driveways on arterials. The use of shared driveways for adjacent parcels located on an arterial road designated by the General Plan shall be required where determined by the review authority to be feasible.
B. Distance from street corners.
Each driveway shall be located a minimum of 150 feet from the nearest intersection, as measured from the centerline of the driveway to the centerline of the nearest travel lane of the intersecting street. For parcels with frontages less than 150 feet, the minimum distance shall be 100 feet unless a lesser distance is approved by the City Engineer.
C. Driveway spacing.
Driveways shall be separated along the street frontage as follows:
1. Single-family and duplex residential development. Driveways shall be separated by at least ten feet, unless a shared, single driveway is approved by the Director. The ten-foot separation does not include the transition or wing sections on each side of the driveway; and
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2. Multi-family and nonresidential development. Where two or more driveways serve the same or adjacent multi-family or nonresidential development, the centerline of the driveways shall be separated by a minimum of 50 feet. Exceptions to this standard shall be subject to the approval of the City Engineer.
D. Driveway width and length.
1. Single-family dwellings. Each single-family dwelling shall be provided a driveway with a minimum length of 20 from the edge of the right-of-way where there is no sidewalk.
2. Nonresidential uses. Driveway for nonresidential uses shall comply with adopted Gustine Improvement Standards.
E. Clearance from obstruction.
The nearest edge of a driveway curb cut shall be at least three feet from the nearest property line, the centerline of a fire hydrant, utility pole, traffic signal, light standards, or other similar facilities. Street trees shall be a minimum of 10 feet from the driveway access, measured at the trunk. Driveways shall have an overhead clearance of 14 feet in height except within a parking structure which may be reduced to seven feet, six inches.
F. Traffic safety visibility area.
Structures or landscaping over 30 inches in height shall not be allowed within a traffic safety visibility area. See Section 4-20-050.E.
G. Surfacing.
All driveways shall be paved and permanently maintained with asphalt, concrete, or paving units. Within other zoning districts, the Director may authorize the use of other all-weather surfacing, where the Director determines that a surface other than asphalt or concrete is consistent with the driveways of similar properties in the vicinity, and that the alternate surface will not impair accessibility for emergency vehicles. A driveway with a slope of 15 percent or more shall be paved with asphalt or concrete in all cases.
Sec. 4-36-110. Loading space requirements.
A. Number of loading spaces required.
Nonresidential uses shall provide off-street loading spaces in compliance with Table 3-8, below.
Requirements for uses not listed shall be determined by the Director based upon the requirements for comparable uses.
Table 3-8 Required Loading Spaces
Type of Land Use Loading Spaces Required
Commercial uses 1 space for each 10,000 sf of floor area over the first 10,000.
Manufacturing, and industrial uses 1 space, plus one additional space for each 10,000 sf of floor area over the first 10,000.
Office uses and public uses 1 space for each 25,000 sf of floor area. 12
Chapter 4-36. Parking and Loading
B. Standards for loading areas.
Off-street loading areas shall be provided as follows. These standards and the requirements of Subsection A. may be reduced by the review authority where the review authority first determines that the operating, shipping and delivery characteristics of the use do not require the number or type of loading spaces required by this Section.
1. Dimensions. Loading spaces shall be a minimum of 12 feet in width, 40 feet in length, with 14 feet of vertical clearance. Must comply with Gustine's City Standards and Specifications.
2. Lighting. Loading areas shall have lighting capable of providing adequate illumination for security and safety. Lighting shall also comply with the provisions of Section 4-30-060 (Outdoor Lighting).
3. Loading ramps. Plans for loading ramps or truck wells shall be accompanied by a profile drawing showing the ramp, ramp transitions and overhead clearances.
4. Location. Loading spaces shall be:
a. As near as possible to the main structure and limited to the rear two-thirds of the parcel, if feasible;
b. Situated to ensure that the loading facility is screened from adjacent streets; c. Situated to ensure that loading and unloading takes place on-site and in no case faces a public street, or is located within a required front yard setback, adjacent public right-ofway, or other on-site traffic circulation areas; d. Situated to ensure that vehicular maneuvers occur on-site; and e. Situated to avoid adverse impacts upon neighboring residential properties and located no closer than 100 feet from a residential zoning district unless adequately screened, and authorized through Architectural Review approval.
5. Screening. Loading areas shall be screened from abutting parcels and streets with dense landscaping or solid masonry walls with a minimum height of six feet.
6. Striping. Loading spaces shall be striped, and identified for "loading only." The striping and "loading only" notations shall be continuously maintained in a clear and visible manner.
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Chapter 4-44. Standards for Specific Land Uses
Chapter 4-44. Standards for Specific Land Uses
Sections
Sec. 4-44-010. Purpose and Applicability.
A. Purpose.
This Chapter provides site planning, development, and/or operating standards for certain land uses that are allowed by Article 2 (Allowable Land Uses Zoning District Standards) within individual or multiple zoning districts, and for activities that require special standards to mitigate their potential adverse impacts.
B. Applicability.
The land uses and activities covered by this Chapter shall comply with the provisions of the Sections applicable to the specific use, in addition to all other applicable provisions of this Zoning and Subdivision Code.
1. Where allowed. The uses that are subject to the standards in this Chapter shall be located in compliance with the requirements of Article 2 (Allowable Land Uses and Zoning District Standards).
2. Planning permit requirements. The uses that are subject to the standards in this Chapter shall be authorized by the planning permit required by Article 2, except where a planning permit requirement is established by this Chapter for a specific use.
3. Development standards. The standards for specific uses in this Chapter supplement and are required in addition to those in Articles 2 (Allowable Land Uses and Zoning District Standards) and 3 (Site Planning and General Development Standards). a. The applicability of the standards in this Chapter to the specific land uses listed is determined by Sections 4-24-030 (Residential District Land Uses and Permit Requirements), 4-26-030 (Commercial District Land Uses and Permit Requirements), and 4-28-030 (Industrial and Public District Land Uses and Permit Requirements). b. In the event of any conflict between the requirements of this Chapter and those of Articles 2 or 3, the requirements of this Chapter shall control.
Sec. 4.44-020. Accessory Structures and Uses.
This Section provides standards for accessory structures and uses, where allowed by Article 2 (Allowable Land Uses and Zoning District Standards).
A. Timing of construction.
An accessory structure shall be constructed at the same time as, or subsequent to, the primary structure.
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B. Attached accessory structures.
Where an accessory building is attached to the main building, the accessory building shall be made structurally a part of, and have a common roof with, the main building, and shall comply in all respects with the requirements of this chapter applicable to the main building.
C. Location of detached structure in R zoning district.
A detached accessory structure in a residential zoning district shall be located on the rear half of the lot, and at least 10 feet from any dwelling existing or under construction on the same lot or any adjacent lot. The accessory structure shall not be located closer than three feet to a side lot line, or in the case of a corner lot, shall not project beyond the front yard required or existing on the adjacent lot, nor be within five feet of the rear lot line.
D. Garage standards.
1. An attached or detached garage shall not be located within five feet of any alley.
2. The entrance opening of a residential garage that faces any front or street side property line shall be located a minimum of 20 feet from the property line.
Sec. 4-44-030. Residential Accessory Uses and Structures.
This Section provide standards for residential accessory uses and structures, where allowed by Article 2 (Allowable Land Uses and Zoning District Standards). These requirements do not apply to residential second units, which are instead regulated by Section 4-44-130 (Second Dwelling Units).
A. Limitation on number.
Only one residential accessory structure shall be allowed on any parcel in addition to a detached garage.
B. Relationship to primary use.
An accessory use and/or structure shall be incidental to the primary residential use of the site, and shall not alter the character of the primary use.
C. Attached structures.
An accessory structure attached to the primary structure shall comply with all zoning district requirements applicable to the primary structure, including setbacks, height limits, and site coverage; and shall also comply with any applicable requirements of Subsection E.
D. Detached structures.
An accessory structure that is detached from the primary structure shall comply with the following standards, except where Subsection E. establishes a different requirement for a specific type of accessory structure.
1. Setbacks.
a. Front setback. An accessory structure shall not be located within a required front setback.
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Chapter 4-44. Standards for Specific Land Uses
b. Side and rear setbacks. An accessory structure with a height of 10 feet or less shall maintain side and rear setbacks of at least five feet. An accessory structure with a height greater than 10 feet shall comply with the setback requirements of the applicable zoning district.
c. Separation between structures. An accessory structure shall maintain at least a tenfoot separation from other accessory structures and the primary dwelling unit. d. Double-frontage lot. An accessory structure shall not occupy the front half of a parcel, or either front quarter of a double-frontage lot, unless it is setback at least 75 feet from any street lot line.
e. Reverse corner lot. On a reverse corner lot that abuts a key lot, no accessory structure shall be nearer the street than a distance equal to the depth of the front setback required for the key lot. See Figure 4-1.
2. Height limit. The height of an accessory structure other than a detached garage shall not exceed 12 feet, except where a greater height is authorized through Variance approval. The height of a detached garage shall comply with the height limit established by the applicable zoning district.
3. Coverage and size limitations. Where permitted, the aggregate coverage of accessory structures in required side and rear setbacks shall not exceed 500 square feet. The maximum site coverage for all structures on a parcel shall comply with the requirements of the applicable zoning district.
E. Standards for specific accessory uses and structures.
The following requirements apply to the specific types of accessory structures listed, in addition to the requirements of Subsection A., as applicable.
1. Antennas. Antennas shall comply with the requirements of Table 2-3.
2. Garages. A garage for a single-family dwelling shall comply with the following requirements.
A garage for a multi-family project shall comply with the requirements of Section 4-44-100 (Multi-Family Projects).
a. Limitation on number. A single parcel shall have only one attached or detached garage. b. Setback requirements.
(1) Front setback. A garage shall comply with the front setback requirements of the applicable zoning district.
(2) Side setbacks. A garage shall be set back a minimum of five feet from side property lines. (3) Rear setback. An attached garage shall comply with the rear setback requirements of the applicable zoning district. A detached garage shall be set back a minimum of five feet from the rear property line where vehicles access the garage from the front of the lot, and shall be located a minimum of 25 feet from the opposite side of the alley where accessed from an alley.
c. Facade width, parking orientation. The facade of any garage-door facing a street shall not exceed a width of 25 feet.
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3. Greenhouses. An accessory greenhouse may occupy up to 400 square feet for each dwelling unit.
4. Guest houses. A guest house shall comply with the requirements for second units in Section 4-44-120.
5. Patio covers. A patio cover that is attached to or detached from the primary dwelling, and open on at least three sides, may be located within the required rear setback subject to the following:
a. No part of the patio cover shall be closer than ten feet to a property line. b. The five-foot separation from the primary dwelling unit required by Subparagraph E.l.c (Separation between structures), above does not apply; and c. The structure shall comply with the coverage and size limitations of Subparagraph E.3 (Coverage and size limitations), above.
6. Swimming pools. Non-commercial swimming pools are an allowed accessory use in any zoning district subject to the following requirements:
a. Setbacks. No swimming pool shall be located within a required front or side setback, or within five feet of a property line; and
b. Fence or wall. No swimming pool shall be located closer than five feet to a fence or wall.
7. Tennis and other recreational courts. A non-commercial outdoor tennis court, or a court for another sport, including basketball and racquetball, that is accessory to a residential use shall comply with the following requirements:
a. Setbacks. No court shall be located within a required setback, or within ten feet of a any property line; and
b. Fencing. Court fencing shall comply with Section 4-30-030 (Fences, Walls, and Screening); and
c. Lighting. Court lighting shall require Use Permit approval, and shall not exceed a maximum height of 20 feet, measured from the court surface. The lighting shall be directed downward, shall only illuminate the court, and shall comply with Section 4-30- 060 (Outdoor Lighting).
8. Workshops or studios. An accessory structure intended as a workshop or studio for artwork, crafts, light hand manufacturing, or hobbies, is subject to the following standards when located in a residential zoning district:
a. Limitation on use. The use of an accessory structure as a studio shall be limited to: noncommercial hobbies or amusements; maintenance of the primary structure or setbacks; artistic endeavors, including painting, photography, or sculpture; or for other similar purposes. Any use of an accessory workshop for any commercial activity shall comply with Section 4-44-050 (Home Occupations); and
b. Floor area. A workshop shall not occupy an area larger than 25 percent of the gross floor area of the primary structure; except that where a workshop is combined with a garage, see Subparagraph E.2 (Garages), above.
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Chapter 4-44. Standards for Specific Land Uses
Sec. 4-44-040. Child day care centers.
A. Applicability.
Where allowed by Article 2 (Allowable Land Uses and Zoning District Standards), child day care centers, other than small or large family day care homes, as those terms are defined and regulated by the Health and Safety Code, shall comply with the standards of this Section. These standards apply in addition to the other provisions of this land Use Code and requirements imposed by the California Department of Social Services (DSS). DSS Licensing is required for all facilities, including small and large family day care homes.
B. Definitions.
Definitions of the child day care facilities regulated by this Section are in Article 8 (Glossary) under "Child Day Care Center."
C. Standards for child day care centers.
A child day care center shall be approved if it complies with the following standards:
1. Fencing. Architectural Review shall be required for any proposed fencing.
2. Parking. A child day care center shall provide parking and drop-off areas as follows:
a. Off-street parking shall be provided as required through the Use Permit process, but shall be a minimum of one space per employee on the largest shift. b. Picking up and dropping off of children shall not create unsafe conditions. Loading and unloading of children from vehicles shall only be allowed in the driveway or in an approved parking area.
3. Noise. Potential noise sources shall be identified during the Use Permit process, and noise attenuation and sound dampening shall be addressed.
4. Additional standards. Each child day care center shall comply with applicable building and fire codes, any standards adopted by the State, and Social Services Department licensing requirements (California Code of Regulations, Title 22, Division 2, as may be amended or renumbered from time to time).
(Ord. No. 511, 5 9, 10-19-21; 0rd. No. 514, 5 3, 3-15-22) Sec. 4-44-050. Home Occupations.
The following standards for home occupations are intended to provide reasonable opportunities for employment within the home, while avoiding changes to the residential character of a dwelling that accommodates a home occupation, or the surrounding neighborhood, where allowed by Article 2 (Allowable Land Uses and Zoning District Standards).
A. Business License required.
A home occupation shall require a City Business License and a Home Occupation Permit. A permit to conduct a home occupation shall be obtained from the Director, or designee, prior to issuance of a business license.
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B. Limitations on use.
The following are examples of business activities that may be approved as home occupations, and uses that are prohibited as home occupations.
1. Uses allowed as home occupations. The following and other uses determined by the Director to be similar may be approved by the Director in compliance with this Section. a. Art and craft work (ceramics, painting, photography, sculpture, etc.); b. Office-only uses, including an office for an architect, attorney, consultant, counselor, doctor, insurance agent, planner, tutor, writer, and electronic commerce; and c. Tailors, sewing.
2. Uses prohibited as home occupations. The following are examples of business activities that are not incidental to or compatible with residential activities, and are, therefore, prohibited as home occupations:
a. Adult entertainment activities/businesses;
b. Animal hospitals and boarding facilities;
c. Automotive and other vehicle repair and service (body or mechanical), painting, storage, or upholstery, or the repair, reconditioning, servicing, or manufacture of any vehicle engine, or of any motor vehicle, including automobiles, boats, motorcycles, or trucks;
d. Commercial cabinet or furniture making, and similar uses; e. Contractor's and other storage yards;
f. Fitness/health facilities, except those allowed under Subsection B.1; g. Medical clinics and laboratories;
h. On-site sales, except that mail order businesses may be allowed where there is no stock-in-trade on the site;
i. Personal services as defined in Article 9(Glossary), except those allowed under Subsection B.1;
j. Transportation services, including ambulance, taxi, limousine, tow truck, etc. where the vehicles are parked on the property.;
k. Uses which require explosives or highly combustible or toxic materials; I. Welding and machine shop operations;
m. Wood cutting businesses; or
n. Other uses the Director determines to be similar to those listed above.
C. Operating standards.
Home occupations shall comply with all of the following operating standards.
1. Accessory use. The home occupation shall be clearly secondary to the full-time use of the property as a residence.
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Chapter 4-44. Standards for Specific Land Uses
2. Location of home occupation activities.
a. R-E zoning district. Allowed home occupation activities may be conducted within an approved accessory structure in the R-E zoning district, provided that at least two covered parking spaces are continually maintained.
3. Visibility. The use shall not require any exterior modification to the structure not customarily found in a dwelling, nor shall the home occupation activity be visible from a public right-of-way, or from neighboring residential properties.
4. Signs. There shall be no signs, other than one name plate, not exceeding one square foot in area, and only if attached flush to a wall of the structure.
5. Safety. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises. The use shall not employ the storage of explosive, flammable, or hazardous materials beyond those normally associated with a residential use.
6. Off-site effects. No home occupation activity shall create dust, electrical interference, fumes, gas, glare, light, noise, odor, smoke, toxic/hazardous materials, vibration, or other hazards or nuisances as determined by the Director.
7. Outdoor display or storage. There shall be no window display or outdoor storage or display of equipment, materials, or supplies associated with the home occupation.
8. Employees. A home occupation shall have no on-site employees other than full-time residents of the dwelling.
9. Client/customer visits. The home occupation shall be operated so as to not require more than 6 vehicle trips per day of clients, customers, and/or visitors to the residence. On-site presence of clients or customers shall be limited to one client or family at a time, and only between the hours of 9:00 a.m. and 7:00 p.m.
10. Deliveries. The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises in a manner different from normal residential usage, except for FedEx, UPS, or USPS-type home pick-ups and deliveries.
11. Utility service modifications. No utility service to the dwelling shall be modified solely to accommodate a home occupation, other than as required for normal residential use. (Ord. No. 511, 6 10, 10-19-21)
Sec. 4-44-060. Mixed-Use Projects.
This Section provides standards for the design of mixed use projects, where allowed by Article 2 (Allowable Land Uses and Zoning District Standards). A mixed use project combines residential and nonresidential uses on the same site, with the residential units typically located above the nonresidential uses (vertical mixed use). Residential units may be allowed at ground level behind street-fronting nonresidential uses (horizontal mixed use) only under the limited circumstances specified by this Section.
A. Design considerations.
A mixed use project shall be designed to achieve the following objectives.
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1. The design shall provide for internal compatibility between the residential and nonresidential uses on the site.
2. Potential glare, noise, odors, traffic, and other potentially significant impacts on residents shall be minimized to allow a compatible mix of residential and nonresidential uses on the same site.
3. The design shall take into consideration potential impacts on adjacent properties and shall include specific design features to minimize potential impacts.
4. The design shall ensure that the residential units are of a residential character, and that appropriate privacy between residential units and other uses on the site is provided.
5. Site planning and building design shall provide for convenient pedestrian access from the public street into the nonresidential portions of the project, through such means as courtyards, plazas, and walkways.
6. Site planning and building design shall be compatible with and enhance the adjacent and surrounding residential neighborhood in terms of building design, color, exterior materials and amenities, landscaping, street furniture, lighting, roof styles, scale, and sign age.
B. Mix of uses.
A mixed use project may combine residential uses with any other use allowed in the applicable zoning district by Article 2 (Allowable Land Uses and Zoning District Standards), subject to the planning permit requirements of Article 2 for each use.
C. Maximum density.
The residential component of a mixed use project shall comply with the density requirements of the applicable General Plan designation.
D. Site layout and project design standards.
Each mixed use project shall comply with the property development standards of the applicable zoning district, and the following requirements.
1. Location of units. Residential units shall not occupy ground floor space within the first 50 feet of floor area measured from each building face adjacent to a public or private street.
2. Parking. In order to encourage the development of residential uses in existing and new commercial areas, the use of shared parking provisions shall be incorporated into mixed use projects in compliance with Section 4-36-080 (Reduction of Parking Requirements).
3. Loading areas. Commercial loading areas shall be located away from residential units and shall be screened from view from the residential portion of the project to the maximum extent feasible.
4. Refuse and recycling areas. Areas for the collection and storage of refuse and recyclable materials shall be located on the site in locations that are convenient for both the residential and nonresidential uses.
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E. Performance standards.
1. Lighting. Lighting for commercial uses shall be appropriately shielded to limit impacts on the residential units.
2. Noise. Each residential unit shall be designed and constructed to minimize adverse impacts from nonresidential project noise, in compliance with Section 4-30-050 (Noise Standards).
3. Hours of operation. A mixed use project proposing a commercial component that will operate outside of the hours from 7:00 a.m. to 7:00 p.m. shall require Use Permit approval to ensure that the commercial uses will not negatively impact the residential uses within the project, or any adjacent residential uses.
Sec. 4-44-070. Mobile Homes.
Where allowed by Article 2 (Allowable Land Uses and Zoning District Standards), a mobile home outside of a mobile home park shall comply with the standards of this Section.
A. Site requirements.
The site, and the placement of the mobile home on the site shall comply with all zoning, subdivision, and development standards applicable to a conventional single-family dwelling on the same parcel.
B. Mobile home design and construction standards.
A mobile home outside of a mobile home park shall comply with the following design and construction standards. A mobile home that does not comply with these standards shall be allowed only within a mobile home park.
1. The exterior siding, trim, and roof shall be of the same materials and treatment found in conventionally built residential structures in the surrounding area, and shall appear the same as the exterior materials on any garage or other accessory structure on the same site.
2. The roof shall have eave and gable overhangs of not less than 12 inches measured from the vertical side of the mobile home, and the roof pitch shall be no less than 5:12.
3. The mobile home shall be placed on a foundation system, subject to the approval of the Building Official; and
4. The mobile home shall be certified under the National Mobile Home Construction and Safety Standards Act of 1974 (42 USC Section 4401 et seq.), and has been constructed after January 1, 1989.
Sec. 4-44-080. Mobile Home Parks.
Where allowed by Article 2 (Allowable Land Uses and Zoning District Standards), a mobile home park shall comply with the standards of this Section.
A. Minimum site area.
A mobile home park shall only be established on a site of four acres or larger.
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B. Setback requirements for park perimeter and mobile home spaces.
No mobile home space shall be located closer than:
1. Ten feet from a front or street side property line of the mobile home park. "Street", as used in this section, shall not include alley. The setback shall be landscaped as required by the review authority.
2. Five feet from any other property line of the mobile home park.
3. Five feet from any side lot or mobile home space boundary line.
C. Storage areas.
A large storage areas shall by provided for the storage of boats, campers, camping trailers, utility trailers, and extra vehicles at a ratio of 100 square feet of vehicle storage area 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.
D. Landscaping.
Each setback area abutting a public street 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.
E. Fences.
A solid fence not less than six feet in height shall be placed and maintained around the interior perimeter of a mobile home park or subdivision.
F. Access.
Each mobile home space shall be provided access from an internal, private street within the mobile home park, with no direct access from a mobile home space to a public street or alley.
G. Internal streets.
All private, internal streets 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:
1. 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.
H. Parking requirements.
In each mobile home park, 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 internal 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 homes.
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I. Signs.
A mobile home park may be allowed a maximum of one sign for each entrance to a public street from the mobile home park. The sign shall not exceed 20 square feet in area or six 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.
Sec. 4-44-090. Multi-Family Projects.
A. [Compliance; definition.]
A new or remodeled multi-family project shall comply with the standards of this Section, where allowed by Article 2 (Allowable Land Uses and Zoning District Standards). For the purposes of this Section, the term "remodeled" means the reconstruction or remodeling of at least 50 percent of the gross floor area of the original structure.
B. Accessory structure design.
Accessory structures and uses (e.g., bicycle storage, garages, laundry rooms, recreation facilities, etc.) shall be designed and constructed with an architectural style, exterior colors and materials similar to the structures in the project containing dwelling units.
C. Building facades adjacent to streets.
A multi-family project of three or more dwellings shall be designed so that at least 75 percent of the length of the facade of each building adjacent to a public street is occupied by habitable space with windows. Each facade adjacent to a street shall have at least one pedestrian entry into the structure.
D. Front setback pavement.
No more than 40 percent of the front setback area shall be paved for walkways, driveways, and/or other hardcover pavement.
E. Parking location.
Off-street parking for a multi-family structure of three or more units shall be located so that garage doors, carports, and open parking spaces are not visible from the street fronting the parcel. A garage providing parking for a duplex or small-lot detached unit may be located in compliance with the following standards, in addition to the requirements of Chapter 4-36-040 (Parking and Loading).
1. Front setback. A garage shall be set back from the front property line at least 10 feet further than the front facade of the dwelling, to reduce visual impact from the street.
2. Side setback. A garage shall be set back a minimum of five feet from side property lines.
3. Rear setback. A garage shall be set back a minimum of five feet from a rear property line.
4. Facade width, parking orientation. The front facade of a garage shall not exceed a width of 25 feet. If more than 25 feet is proposed architectural relief and site plan review will be required.
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F. Open space.
Each multi-family residential project shall provide permanently maintained outdoor open space for each dwelling unit (private space), and for all residents (common space), in addition to required setback areas, except where the review authority determines that existing public park or other usable public open space is within convenient walking distance, or that the residential units are part of a vertical mixed use project and located within a commercial zoning district.
1. Area required. Private and cCommon open space shall be provided as required by Table 4-3, in addition to the setback areas required by the applicable zoning district.
Table 4-3 Multi-Family Project Open Space Requirements
Minimum Common Open Space Required
Project Size
2 units None, other than required setbacks
3or more units4units 150 sf for each unit200 sf
Sto 10units 500sf
11to30units 1,000sf
31 and more units 2,00O sf, plus-an additional65 sf for each unit over 34 150 sf for each unit
2. Configuration of open space. Required open space areas shall be designed and located as follows. Landscaping shall comply with the requirements of Section 4-34 (Landscaping Standards).
a. Common open space. Required common open space shall be: easily accessible; continuous; usable; separated from parking areas; landscaped; safe and secure. Each common open space area shall have a minimum dimension of 20 feet. b, Private open space. Private open space shall be at the same elevation as, and immediately accessible from within the unit. All dimensions of each private open 5pace area shall be a minimum of 10 feet.
The review authority may allow required open space to be in different locations and/or with different dimensions where it determines that the alternative approach will provide open space of equivalent utility and aesthetic quality.
3. Maintenance and control of common open space. Required common open space shall be controlled and permanently maintained by a Home Owners Association (HOA). Provisions for control and maintenance shall be included in property covenants of all common interest developments.
G. Indoor recreation area.
An indoor recreation area of at least 1,000 square feet is required for all multi-family projects of 30 units or more. Area occupied by other common indoor facilities, such as saunas and swimming pools, may count toward compliance with the outdoor common open space area requirements of Subsection F.
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H. Outdoor lighting.
Outdoor lighting shall be installed and maintained along all vehicular access ways and major walkways, in compliance with Section 4-30-060 (Outdoor Lighting). The lighting shall be directed onto the driveways and walkways within the development and away from adjacent properties.
Lighting of at least one foot candle shall also be installed and maintained within all covered and enclosed parking areas and shall be screened to minimize glare onto public sidewalks. Lighting fixtures/lamps shall be the most energy efficient available, including fluorescent, compact fluorescent, low pressure sodium, high pressure sodium, or other lighting technology that is of equal or greater energy efficiency. All proposed lighting shall be shown on the required landscape plan.
I. Laundry facilities.
Each multi-family and small lot single-family dwelling shall provide an individual laundry area within the unit or its garage, of sufficient size to accommodate a clothes washer and dryer, except that a multi-family project of five or more units may be designed to provide common laundry facilities as approved by the review authority. If located in the garage for an individual unit, the laundry area shall not encroach into the required parking area.
J. Window orientation.
Where one or more windows are proposed 10 feet or less from a side lot line, or 10 feet from another residential structure on the same site, the windows shall located and/or screened to provide privacy for the residents of both structures to the maximum extent feasible.
Sec. 4-44-100. Outdoor Display and Sales.
Where allowed by Article 2 (Allowable Land Uses and Zoning District Standards), outdoor display and sales shall comply with the standards of this Section.
A. Applicability.
The provisions of this Section apply to temporary and permanent facilities for outdoor display and sales (e.g., garden nurseries, lumber yards, and similar uses where merchandise is displayed for sale).
B. Sidewalk displays and sales.
The display of merchandise, newsracks and sidewalk dining and seating may be permitted on a City of Gustine public right-of-way where allowed by Article 2, subject to compliance with the following criteria, in addition to the requirements of Subsection C. (Outdoor Eating Areas).
1. location requirements, and sidewalk clear zone. A paved pedestrian walkway at least six feet wide shall be maintained between property line and edge of curb, free and clear of and obstructions.
a. The display of merchandise, newsracks and sidewalk dining shall not obstruct sidewalk pedestrian traffic; accessibility to vehicles parked adjacent to the curb, or create health or safety hazards.
b. The placement of merchandise, newsracks or tables and/or chairs shall be limited to the sidewalk area frontage immediately adjacent to the use.
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c. All merchandise, newsrack, and/or outdoor dining and seating areas must be level with sidewalk, and accessible to the disabled, and shall be located as close to the back of the sidewalk (the sidewalk edge opposite the street) as possible.
2. Encroachment permit required. The applicant shall obtain a revocable encroachment permit.
a. An encroachment permit will not be approved for portable or other signs within the public right-of-way, with the exception of banners advertising City-wide functions. b. Upon approval of the encroachment permit the applicant shall obtain all required building/electrical permits.
3. Sidewalk cafes. Sidewalk cafes shall be used only as seating areas. a. Storage, kitchen, any permanent facilities or restroom uses are not allowed. b. Tables and/or chairs must be movable unless otherwise approved by the Director upon concurrence with other City departments.
c. Outdoor speakers or amplified music shall require Use Permit approval to ensure that sound levels do not cause problems for other land uses in the vicinity. d. Outdoor speakers or amplified music shall require Use Permit approval to ensure that sound levels do not cause problems for others in the vicinity. e. The service of alcoholic beverages is not allowed.
f. The roofing material covering an outdoor caf~ may be temporary, fixed, or retractable and can extend into the public right-of-way from the face of the building a distance up to the minimum six-foot clear zone dimension, or a maximum distance of 10 feet from the face of building, whichever is less. The width and height of awnings and canopies shall comply with the Uniform Building Code. Awnings, canopies, or similar protective shelter shall be fire-treated or non-flammable.
g. Decorative/accent lighting may be incorporated into the outdoor caf~ awning, canopy, etc. and must meet all City code requirements.
4. Insurance. Applicant shall obtain, maintain and provide proof of a comprehensive general liability insurance in the amount of $1 million or more (for each occurrence), naming the City as additionally insured. Proof of the insurance shall be submitted prior to issuance of the encroachment permit and shall be provided annually thereafter. The applicant's insurance shall be primary.
5. Removal of display. Each approved sidewalk display shall be removed at the end of each business day, except for newsracks in compliance with Subsection B.1.c C. Outdoor dining area on private property.
An outdoor eating area may be allowed accessory and incidental to a restaurant with indoor eating area on the same site, provided that the outdoor eating area shall also comply with the parking requirements of Section 4-36-040 for restaurants. 14
Chapter 4-44. Standards for Specific Land Uses
D. Permanent outdoor displays and sales.
The permanent outdoor display and sale of merchandise may be allowed subject to the following standards.
1. The outdoor display of merchandise shall not exceed a height of 10 feet above finished grade, unless a greater height is allowed through the approval of a Use Permit.
2. Outdoor sales areas shall not encroach into required setback areas. In a zoning district where no setback is required, the outdoor sales area shall be set back a minimum of 10 feet from adjoining property lines unless otherwise allowed through the approval of a Use Permit.
3. Displayed merchandise shall occupy a fixed, specifically approved location that does not disrupt the normal function of the site or its circulation, and does not encroach upon driveways, landscaped areas, parking spaces, or pedestrian walkways. A display shall not obstruct intersection visibility or otherwise create hazards for vehicle or pedestrian traffic.
4. The outdoor display and sales area shall be directly related to a business occupying a permanent structure on the subject parcel.
5. Outdoor sales and activity areas other than vehicle sales lots, produce stands, and nursery product sales shall be screened from the view of adjoining public rights-of-way by decorative walls, fences, or landscaping.
6. Additional signs, beyond those normally allowed for the subject use, shall not be provided as a result of the outdoor display and sales area.
Sec. 4-44-110. Outdoor Storage.
Where allowed by Article 2 (Allowable Land Uses and Zoning District Standards), outdoor storage and work areas shall comply with the following requirements.
A. Enclosure and screening required.
Outdoor storage areas shall be entirely enclosed by a solid wall or fence as approved by the Director with a minimum height of six feet and a maximum height of eight feet.
B. Maximum height of stored materials.
Materials within the storage area shall not be higher than the fence, except with Use Permit approval.
C. Landscaped setback.
In any case where an outdoor storage area abuts a street right-of-way, the required screening wall or fence shall be set back from the right-of-way as required by the applicable zoning district, and the set back area shall be landscaped to the approval of the Director, and in compliance with Chapter 4-34 (Landscaping Standards).
D. Cargo containers.
The use of a cargo container for storage outside of a building shall be allowed only within the IL zoning district, when entirely screened from the view of streets and residential areas. The Draft 2024 15
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Director may authorize the use of a cargo container for storage on the site of a construction project while work in compliance with a valid Building Permit is occurring on the site.
Sec. 4-44-120. Recreational Vehicle and Boat Storage.
A recreational vehicle shall be parked/maintained in a mobile home park or may be parked/maintained on the site of a dwelling within a residential zoning district under the following conditions:
A. Storage in side or rear setback.
A recreational vehicle or boat shall be stored in an interior side or rear yard setback, unless it can not comply with the other requirements of this Section, in which case it shall comply with the requirements of Subsection B. A fence or other personal improvement is not deemed to prevent reasonable access. The condition under which a recreational vehicle or boat shall be parked/stored is as follows:
1. Shall not be situated closer than five feet to any main building or parked within two feet of the main building if there are no doors or windows being blocked and there is access to the rear yard.
2. Parking shall be permitted inside any enclosed structure or carport that otherwise complies with the requirements of the applicable zoning district.
B. Storage in front setback.
A recreational vehicle or boat shall not be stored in the front yard setback area.
C. Temporary parking in front setback.
A resident who cannot meet the conditions of parking/storage of their recreational vehicle or boat as indicated are permitted to park in the front yard under the following conditions:
1. The vehicle shall be permitted to park for the expressed purpose of loading, unloading or minor maintenance. The time period for which a resident may park their recreational vehicle or boat shall not exceed 72 hours for these specific tasks;
2. The vehicle shall not overhang the sidewalk, or five feet from the curb face if no sidewalk exists.
3. The City Council may authorize a temporary parking in front yard setbacks and on-street parking when special events are hosted by the City.
D. Use for sleeping quarters.
No recreational vehicle or boat shall be used for sleeping quarters, unless a valid Temporary Use Permit is issued by the City, nor shall any sanitary or cooking facilities contained therein be used, except under the following conditions:
1. Emergency use. A resident who experiences a calamity to their home shall contact the City Manager or designated person for permission to set-up and use their recreational vehicle for temporary housing. The City Manager's permission be discretionary and conditions such as a time limit can be imposed; and
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2. Temporary parking to accommodate visitors: The City Manager or authorized representative may approve a Temporary Use Permit to residents who have relatives/guests visiting may utilize a recreational vehicle for temporary housing when utilized for more than a 72 hour period. The time period authorized shall be determined by the City Manager or authorized representative.
3. The City Council may authorize temporary use of RV's and Trailers for sleeping quarters in front yard setbacks and on-street parking when special events are hosted by the City.
E. Travel trailers and RVs.
Travel trailers and other types of recreational vehicles may be parked and used in the City when the use is authorized and sanctioned by the Council. The City Council or designated person may issue a Temporary Use Permit for use of Travel Trailers and RV's for a specified period of time after consultation with the appropriate City Departments. Fees for processing a Temporary Use Permit may be adopted and amended from time to time as authorized by state law.
F. Violation and penalties.
Any violation of this section shall be punishable as an infraction with a fine as adopted by the Council. Each day that the violation is not corrected shall be deemed a separate violation of this section. The City may use other enforcement processes as may be adopted.
Sec. 4-44-130. Recycling Facilities.
This Section establishes standards and procedures for siting and operating various types and sizes of commercial recycling facilities, where allowed by Article 2 (Allowable Land Uses and Zoning District Standards).
A. Reverse vending machines.
Reverse vending machines shall comply with the following standards.
1. Accessory use only. Each machine shall be installed only as an accessory use to an allowed primary use.
2. Location requirements. If located outside of a structure, a machine shall not occupy parking spaces required by the primary use.
3. Signs. Sign area shall not exceed four square feet for each machine, exclusive of operating instructions. The sign area shall be subject to the overall site sign area limitations in Section 4-38 (Sign Standards).
4. Lighting. Each machine shall be illuminated to ensure comfortable and safe operation if the machine is accessible between dusk and dawn. The light source shall be shielded so that glare and reflections are confined within the boundaries of the site.
B. Small and medium collection facilities.
A small or medium collection facility shall comply with the following standards.
1. Location requirements. A small collection facility shall:
a. Not be located within 50 feet of any parcel zoned or occupied for residential use; and Draft 2024 17
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b. Be set back at least 10 feet from any public right-of-way, and not obstruct pedestrian or vehicular circulation.
2. Maximum size. A small collection facility shall not occupy more than 600 square feet nor three parking spaces, not including space that would be periodically needed for the removal of materials or exchange of containers.
3. Appearance of facility. Collection containers and site fencing shall be of a color and design that is compatible and harmonious with the surrounding uses and neighborhoods.
4. Operating standards for small collection facilities. Small collection facilities shall:
a. Not use power-driven processing equipment, except for reverse vending machines; b. Accept only glass, metal, or plastic containers, paper, and reusable items; c. Use containers that are constructed with durable waterproof and rustproof materials, secured from unauthorized removal of material, and shall be of a capacity sufficient to accommodate materials collected and the collection schedule; and d. Be screened where determined by the review authority to be necessary because of excessive visibility.
5. Signs. Non-illuminated signs may be provided as follows:
a. Identification signs are allowed with a maximum area of 15 percent for each side of the structure or 12 square feet, whichever is greater. In the case of a wheeled facility, the side shall be measured from the ground to the top of the container; b. Additional directional signs, consistent with Chapter 4-38 (Signs), may be approved by the Director if found necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way.
6. Parking requirements.
a. No additional parking space shall be required for customers of a small collection facility located in the established parking lot of the primary use. One additional space shall be provided for the attendant, if needed.
b. Use of parking spaces by the patrons and the attendant shall not reduce available parking spaces below the minimum number required for the primary use unless a parking study, determined to be acceptable by the Director, shows that existing capacity is not fully utilized during the time the recycling facility would be on the site.
C. Large collection facilities.
A collection facility that is larger than 350 square feet, or on a separate parcel not accessory to a primary use, shall comply with the following standards.
1. Location requirements. The facility shall not abut a parcel zoned for residential use.
2. Container location. Any containers provided for "after hours" donation of recyclable materials shall be permanently located at least 100 feet from any residential zoning district, constructed of sturdy, rustproof material(s), have sufficient capacity to accommodate materials collected, and be secured from unauthorized entry or removal of materials; and 18
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3. Screening. The facility shall be screened from public rights-of-way, by solid masonry walls or located within an enclosed structure.
4. Setbacks, landscaping. Structure setbacks and landscaping shall be provided as required for the applicable zoning district.
5. Outdoor storage. Exterior storage of material shall be in sturdy containers that are secured and maintained in good condition. Storage shall not be visible above the height of the required solid masonry walls.
6. Operating standards.
a. The site shall be maintained clean, sanitary, and free of litter and any other trash or rubbish, shall be cleaned of loose debris on a daily basis, and shall be maintained free from rodents and other disease vectors.
b. Dust, fumes, odor, smoke, or vibration, above ambient levels, shall not be detectable on adjoining parcels.
D. Processing facilities.
Processing facilities shall comply with the following standards.
1. Location requirements. The facility shall not abut a parcel zoned or occupied for residential use.
2. Limitation on activities. Allowed activities are limited to baling, briquetting, compacting, crushing, grinding, shredding, and sorting of source-separated recyclable materials and repairing of reusable materials. The facility shall not bale, compact, or shred ferrous metals, other than beverage and food containers. Outbound truck shipments from the site shall not exceed an average of two each day.
3. Maximum size. The facility shall not exceed 45,000 square feet of floor or ground area.
4. Container location. Containers provided for "after hours" donation of recyclable materials shall be permanently located at least 100 feet from any residential zoning district, constructed of sturdy, rustproof materials, have sufficient capacity to accommodate materials collected, and be secured from unauthorized entry or removal of the materials; and
5. Screening. The facility shall be screened from public rights-of-way, by solid masonry walls or located within an enclosed structure;
6. Operating standards. Dust, fumes, odor, smoke, or vibration, above ambient levels, shall not be detectable on adjoining parcels.
Sec. 4-44-140. Accessory Dwelling Units.
A. Purpose.
The purpose of this section is to allow and regulate accessory dwelling units (AD Us) and junior accessory dwelling units (JADUs) in compliance with California Government Code§§ 65852.2 and 65852.22.
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