ORDINANCE NO.
AN ORDINANCE AMENDING MULTIPLE SECTIONS OF TITLE 16 OF THE STOCKTON MUNICIPAL CODE (SMC) FOR WAREHOUSE RETAIL STORES (“BIG BOX”)
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STOCKTON AS FOLLOWS:
SECTION I: FINDINGS AND INTENT
1. The City Council is authorized by section 16.212.030 of the Stockton Municipal Code (SMC) to adopt amendments to Title 16 (Development Code) based on the Mandatory Findings of Fact for Development Code Amendments per SMC
16.116.050.
A. Finding #1: The proposed amendment ensures and maintains internal consistency with general land uses, objectives, policies, programs, and actions of all elements of the General Plan on balance and would not create any inconsistencies with this Development Code.
Evidence: The proposed amendments to Title 16 are needed for consistency with General Plan Commercial policies encouraging new business and revitalizing aging shopping centers. These amendments are internally consistent with all policy and supportive regulatory documents.
Specifically, General Plan
• Action LU-1.1C- Continue to study and consider repealing the “Big Box Ordinance” that was adopted in 2007, and if big-box stores are allowed in the future, require applicants to fund an analysis of economic and blight-inducement impacts of the proposed
development on retail businesses in the market area, employment, City revenues and services, and any other relevant economic considerations. Prohibit the siting of any additional big box “power centers” at the edges of the city to limit growth-inducing impacts to adjacent farmlands.
• Action LU-1.1D Encourage the redevelopment of struggling underutilized commercial strips into multi-family housing opportunities. • POLICY LU-4.1 Encourage large-scale development proposals in appropriate locations that include significant numbers of higher-wage jobs and local revenue generation. Such development may utilize the Economic and Education Enterprise land use designation if the proposal meets all of the criteria listed under the definition of the designation.
• Policy LU-6.2 Prioritize development and redevelopment of vacant, underutilized, and blighted infill areas.
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B. Finding #2: The proposed amendment will not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the City.
Evidence: The purpose of the proposed amendments is to comply with the General Plan commercial policies to attract new businesses to the City. The proposed amendments will not be detrimental to the public interest, health, safety, convenience, or welfare of the City as they will not result in a physical change in the environment. Future proposals will be reviewed for their compliance with all federal, state, and local standards.
C. Finding #3: The proposed amendment complies with the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines.
Evidence: The proposed amendments do not require additional review per the California Environmental Quality Act (CEQA) guidelines section 185183 (consistency with General Plan) and are needed to implement General Plan Commercial policies to attract new businesses. These amendments will not result in physical impact or change to the land use intensities identified in the General Plan Environmental Impact Report (EIR). Future proposals based on the amendments would be reviewed on a case-by-case basis for consistency with this review and the General Plan EIR.
D. Finding #4 (Development Code Amendments): The proposed amendment would be internally consistent with other applicable provisions of this Development Code.
Evidence: The proposed amendments are needed to implement General Plan commercial policies to attract new businesses. These amendments are internally consistent with all policy and supportive regulatory documents. The proposed amendments will not be detrimental to the public interest, health, safety, convenience, or welfare of the City as they will not result in a physical change in the environment. Future proposals will be reviewed for their compliance with all federal, state, and local standards.
SECTION II: AMENDMENT OF CODE
Title 16, Chapter 16.80, Section 16.20.020 of the Stockton Municipal Code (SMC) is amended to read, as follows:
16.20.020 Allowable land uses and permit requirements.
A. Requirements for Primary Uses. Table 2-2 identifies the primary land uses for each zoning district, except the MX and UC zoning districts. It identifies whether the use is allowed or not allowed, and indicates which land use permit would be required, if
ATTACHMENT B
necessary, to authorize the use. Building permits or other permits may also be required by the Municipal Code. The land uses identified in Table 2-2 are defined in Division 8 (Glossary).
1. Permit Requirements for Primary Uses. The permitting requirements identified in Table 2-2 are:
a. Permitted (P). All land uses shown with a “P” in the table are allowed subject to compliance with all applicable provisions of this Development Code.
Site plan review (Chapter 16.152) is required for new construction or for a change to a more intensive use, except as provided by
Section 16.152.040 (Exemptions).
b. Land Development Permit (L). All land uses shown as “L” in the table that require construction of new structures or improvements, the expansion of an existing facility, or a change to a more intensive use, as determined by the Director, require the approval of a land development permit (Chapter 16.136).
If there will be no construction, expansion of an existing facility, or a change to a more intensive use, the use is allowed without a new land development permit.
c. Administrative Use Permit (A). All land uses shown with an “A” in the tables are allowed subject to the approval of an administrative use permit (Chapter 16.168). If there is an existing use permit for the use and there will be no new construction or expansion of an existing facility, no new use permit shall be required.
d. Commission Use Permit (C). All land uses shown with a “C” in the tables are allowed subject to the approval of a commission use permit (Chapter 16.168). If there is an existing use permit for the use and there will be no new construction or expansion of an existing facility, no new use permit shall be required.
e. Not Allowed (Empty Box in Table). All land uses shown with an empty box in the table are not allowed in the applicable zoning district. f. Not Allowed, Except Under Special Circumstances (E). All land uses shown with an “E” on the table are not allowed in the applicable zoning district, except under the special circumstances identified in the specific use standards in Division 3.
2. Uses With Specific Standards. All uses, regardless of the type of permit that may be required, shall comply with all applicable provisions of this Development Code. In addition, if there is a section number in the last column of the table (“Specific Use Standards”), the use is also subject to the referenced provisions.
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3. Multiple Uses on a Single Site. Where a proposed project includes multiple land uses, and more than one type of land use permit is required, the most restrictive land use permit shall apply for all land uses.
4. Changes to an Approved Project. Changes to an approved project that required a land use permit shall be subject to the requirements of Chapter 16.104 (Changes to an Approved Project).
5. Uses Not Listed. Land uses that are not listed in Table 2-2 are not allowed, except as otherwise provided by Section 16.08.020(E) (Rules of interpretation— Unlisted uses of land).
B. Allowable Uses and Permit Requirements for the MX, UC and PT Districts. The uses of land that may be allowed within the MX, UC and PT zoning districts and the land use permit requirements for each allowable use shall be identified in the master development plan applicable to the specific site, in compliance with Chapter 16.140 (Master Development Plans) and the Rough and Ready Island Development Plan for the Port of Stockton, CA for the PT zoning district (as applicable).
C. Overlay Zoning Districts. Development located in overlay zoning districts (Aircraft Operations Overlay District, Design Review Overlay District, Channel Area Overlay District, Magnolia Historic Overlay District, and Commercial-Industrial Overlay District) shall be in compliance with Chapter 16.28 (Overlay Zoning District Land Use and Development Standards).
D. Accessory Uses. Accessory land uses are subject to the requirements of Section 16.80.020 (Accessory uses and structures).
E. Temporary Uses. Temporary uses are subject to the requirements of Chapter 16.164 (Temporary Activity Permits).
F. Freeway and Highway Oriented Uses. The following uses, when both located within 1,000 feet of Interstate 5, State Highway Route 4, or State Highway Route 99 and allowable through a Land Development Permit, Administrative Use Permit, or Commission Use Permit, shall be considered a permitted (P) use unless within the Downtown Core area:
1. Auto/Vehicle Services: Car Washes; and
2. Auto/Vehicle Services: Fueling Stations.
The measurement of distance under this provision shall be made from the outside boundaries of the respective freeway or highway right-of-way to the property line of the proposed use. This provision excludes land zoned MX, UC and PT.
TABLE 2-2
ATTACHMENT B
ALLOWABLE LAND USES AND PERMIT REQUIREMENTS
LAND USES PERMIT REQUIREMENT BY ZONING DISTRICT
SPECIFIC
USE
STANDARDS
AGRICULTURAL AND RESOURCE-RELATED USES
RE RL RM RH CO CN CG CD CL CA IL IG PT PF OS
Agricultural activities &
facilities P P P A 16.80.060
Cannabis cultivation C C C C 16.80.195
Community gardens P P P P P P P P P P P P L P 16.80.130 Conservation areas L L L L L L L L L L L L L L
Market gardens/urban
farms L A A A P P P P P P P P 16.80.135
Mining A A A A
Urban agriculture P P P P P P P P P P P P 16.80.350
BUSINESS AND PROFESSIONAL USES
RE RL RM RH CO CN CG CD CL CA IL IG PT PF OS
Banks and financial
services P P P P P P P
Business support services P P P P P P P
Offices P A P P P P A A P L 16.80.240
INDUSTRY, MANUFACTURING & PROCESSING USES
RE RL RM RH CO CN CG CD CL CA IL IG PT PF OS
Artisan food and
beverage A P A P P P 16.80.170
Electricity
generating
plants/facilities
other than
nuclear
C C P P 16.80.170
Electronics,
equipment &
appliance
manufacturing
P P P 16.80.170
Fabric product
manufacturing P P P P 16.80.170
Food and
beverage
product
manufacturing
C P P P 16.80.170
Furniture and
fixtures
manufacturing
P P P 16.80.170
Handcraft
industries, small-
scale
manufacturing
P P P P 16.80.170
Laundries and
dry cleaning
plants
P P P 16.80.170
Manufacturing
Light P P P 16.80.170
Heavy A P 16.80.170
Cannabis
distribution C C C 16.80.195
Cannabis
manufacturer
(volatile and
non-volatile)
C C C 16.80.195
Cannabis,
microbusiness C** C** C** C C 16.80.195
Cannabis testing
laboratory* P P P P P P P 16.80.195
ATTACHMENT B
LAND USES PERMIT REQUIREMENT BY ZONING DISTRICT
SPECIFIC
USE
STANDARDS
Metal products
fabrication,
machine/welding
shops
P P P 16.80.170
Petroleum
storage and
distribution
A P 16.80.170
Printing and
publishing P L P P P L 16.80.170
Recycling and
waste facilities
Collection
facility L L L P P P L 16.80.290
Redemption
centers
Major C C C C C C C 16.80.290
Minor A A A A A A A 16.80.290
Recycling
facility A P A 16.80.290
Scrap and
dismantling
yards
A P 16.80.170
Transfer
stations C P A 16.80.290
Research &
development
(R&D)
A L P P P L 16.80.170
Storage yards P P P L 16.80.170
Warehouses P P P 16.80.170
Wholesaling and
distribution P P P P 16.80.170
RECREATION, EDUCATION, AND PUBLIC ASSEMBLY USES
RE RL RM RH CO CN CG CD CL CA IL IG PT PF OS
Activity centers A A A A A A A A A L A L C
Adult related
establishments P P P 16.80.030
Auditoriums, meeting
halls, and theaters P P P P L L
16.24.080(B)(2)
16.24.090(B)
16.24.110(D)
16.24.180(D)
Bridge clubs and
nongambling board
games
P P P P P L
Card rooms C C C L
16.80.040
16.80.270
Clubs, lodges, and
private meeting halls P P P P P L P P A
Commercial amusement
facilities A A A A A A
Educational facilities
Academic schools—
Private A A A A A A A A
Academic schools—
Public P P P P P
Colleges and
universities—Private C C
Vocational and technical P P P P P P P
ATTACHMENT B
LAND USES PERMIT REQUIREMENT BY ZONING DISTRICT
SPECIFIC
USE
STANDARDS
schools
Equipment repair and
maintenance training P P A P L
Specialized education
and training A A P P P A P P L
Vehicle repair and
maintenance training A P P P L
Truck and heavy
equipment education and
training
P P P L
Equestrian facilities C A A L C
Golf courses/country
clubs C C C C C A A A P L A
Indoor recreation
facilities P A A A A A A P L
Libraries and museums C C C P P P P P P P L A
Live entertainment A P P P P P 16.80.180
Marinas C C C A A
Outdoor assembly
facilities A A A L
Outdoor commercial
recreation facilities C C C C C A
Parks and playgrounds P P P P P P P P P P
Pool halls/billiard parlors C C C L
16.80.040
16.80.270
Private entertainment
facilities C C C C
Private residential
recreation facilities A A A A
16.80.030
16.80.270
Recreational vehicle
parks A A A L
Religious facilities A A A A P P P P P P P L 16.80.080
Studios A P P P P P L C
RESIDENTIAL USES
RE RL RM RH CO CN CG CD CL CA IL IG PT PF OS
Accessory dwelling units
(ADUs) and junior
accessory dwelling units
(JADUs)
P P P P P P P P P P P 16.80.310
Caretaker and employee
housing A P P P P P P P L L L L
Cottage Court C P P P P L 16.80.215
Duplexes P P P P L 16.80.215
Mobile home parks A A A A A 16.80.210
Multifamily dwellings P P P P P P C L 16.80.220
Co-living (dwelling unit
facility) A A A A A 16.80.225
Organizational houses A A A A
Residential care facilities
Assisted living facilities A C P P P P P L 16.80.300
Care homes, 6 or fewer
clients P P P P P
Family care homes, 7 or
more clients C C C L 16.80.300
Senior care facilities, 7 or
more clients A A A A L 16.80.300
Rooming and boarding
houses A A L
Senior residential
projects P P P P P P P L 16.80.220
ATTACHMENT B
LAND USES PERMIT REQUIREMENT BY ZONING DISTRICT
SPECIFIC
USE
STANDARDS
Single-family dwellings P P P P L
Townhouses A P P P P P P L 16.80.215
Triplexes P P P A L 16.80.215
Fourplexes P P P A 16.80.215
RETAIL TRADE
RE RL RM RH CO CN CG CD CL CA IL IG PT PF OS
Agricultural chemical
sales A L P 16.36.080
Alcoholic beverage sales
Bars and nightclubs—
On-sale C C C C 16.80.270
Sale of alcohol—Off-sale C C C C C C 16.80.040
With another use—On-
sale L L L L L L
Artisan shops P P P P P L P
Auto and vehicle sales—
New L C L P 16.24.120 16.80.070 16.80.330
Auto and vehicle sales—
Used L A L 16.24.120 16.80.070 16.80.330
Auto and vehicle
leasing/rental A C A L 16.80.070
Auto parts sales P P P P A
Building material stores A P L P P 16.80.330
Construction, farm &
heavy equipment sales A A P P P 16.80.330
Convenience stores C C C C 16.80.040 16.80.140 16.80.270 Furniture, furnishings,
and appliance stores C P P P P P P 16.80.330
Mobile home sales A P 16.80.330
Nurseries and garden
supply stores A C A P P P P P 16.80.330
Outdoor retail sales and
activities A A A A 16.80.260
Pet shops P P P P
Recreational vehicle &
boat sales—New/used L A L 16.80.330
Restaurants A P P P P P P P 16.80.250 16.24.060
Retail stores A P P P P P P P P 16.80.330
Secondhand stores/pawn
shops A A A A
Shopping centers
Neighborhood A P P 16.80.330
Community C P P 16.80.330
Regional P A P 16.80.330
Warehouse retail stores C C C 16.80.330
SERVICES
RE RL RM RH CO CN CG CD CL CA IL IG PT PF OS
Adult day care facilities P P P P P A L
Animal services
Kennel and boarding
facilities A A A A
Pet grooming A A P P P P L
Training facilities A A L L L L L
Veterinary clinics and
animal hospitals A A C P P P P P 16.80.370
Auto/vehicle services
Car washes A A A P A P
Fueling stations A L L L P L L P 16.80.320 16.80.340
Inoperable vehicle
storage L L
Maintenance/minor
repair A P P P P P P P 16.80.320
ATTACHMENT B
LAND USES PERMIT REQUIREMENT BY ZONING DISTRICT
SPECIFIC
USE
STANDARDS
Major repair/body work P P P P 16.80.340
Parking facilities C C C A A P P P P P P L 16.64.080
Vehicle storage L P P P P P L
Cannabis retailer
storefront C C C C C C 16.80.195
LAND USES PERMIT REQUIREMENT BY ZONING DISTRICT
SPECIFIC USE
STANDARDS
Child care facilities
Child care centers C C C C P P P P P P P P 16.80.100
Large family child care
homes P P P P P P P P P 16.80.100
Small family child care
homes P P P P P P P P P
Equipment rental L P A P P
Funeral facilities and
services 16.80.165
Cemeteries C C C C C C C C C C C
Mortuaries C C C A A A
Funeral homes A A A A A
Crematorium C C C A A A
Health/fitness facilities P P P P L
Lodging facilities
Bed and breakfast C C C P P P P A 16.80.090
Extended-stay facilities P P P
Hotels and motels P P P P P
Massage establishment 16.80.190
State certified P P P P P
Non-certified C C A A
Medical services
Ambulance service A P P P L P P L
Clinics and laboratories P P P P P L P L
Extended care C C C P P P P L
Health-related P P P P A 16.80.190
Hospitals C C C C
Medical-related facilities P P P P P P
Non-storefront cannabis
retail operator permit
(delivery only)
A A A A A A 16.80.195
Personal services—
Restricted C C A A
Personal services—
Unrestricted P P P P P
Personal storage facilities
(mini-storage) A L L P P P 16.80.200
Repair services P P P P P P
Sanitary services C A P L 16.36.080
Social services facilities
Drug abuse, alcohol
recovery/ treatment
facility
A A A A
Feeding centers C C C A
Emergency shelters C C C C P P P 16.80.155
TRANSPORTATION AND COMMUNICATION USES
RE RL RM RH CO CN CG CD CL CA IL IG PT PF OS
Broadcasting studios P P P P A P P P L
Communications
facilities
LAND USES PERMIT REQUIREMENT BY ZONING DISTRICT
SPECIFIC USE
STANDARDS
Minor E E E P P P P P P P P P P Ch. 16.44
Major A A A A A A P P A Ch. 16.44
ATTACHMENT B
LAND USES PERMIT REQUIREMENT BY ZONING DISTRICT
SPECIFIC
USE
STANDARDS
Transit stations and
terminals C C C C P C
Vehicle and freight
terminals P P P
OTHER USES
RE RL RM RH CO CN CG CD CL CA IL IG PT PF OS
Live-work space P P P P P P P
Major impact facilities C C C
Motion picture
production P P P P
Multi-use facilities A P P P P P A A P 16.80.230
Public and semipublic
utility facilities A A A A A A P P P L P P P L
Public institutions C C C C C C C C C C C L L
Signs—Off-premises E E E E E E E 16.76.110
Key: P = Use permitted L = Land development
permit required
A = Administrative use
permit required
C = Commission use
permit required
E = Use not allowed,
except under special
circumstances
Empty box = Use not
allowed
Notes:
See Section 16.20.020 for an explanation of the table and each land use permit requirement.
A use permit shall be required of any new commercial, industrial, institutional, or accessory use, or major addition that involves the manufacture, storage, handling, or processing of hazardous materials in compliance with Section 16.36.080 (Hazardous materials).
See Division 8 for definitions of the listed land uses.
Home occupations require a home occupation permit (Chapter 16.132). * Cannabis laboratories are not allowed to vertically integrate. This use is a stand- alone cannabis business and cannot be combined with any other cannabis business type.
** A microbusiness permit for a Retail/Distributor/Manufacturer (RDM) designation shall be allowed within Commercial, Office (CO), Commercial, General (CG), Commercial, Large-Scale (CL), if the retail component of the business floor area is 50% or more and no cultivation activities will take place as a part of the business.
ATTACHMENT B
(Ord. 2022-07-12-1601-14 C.S. § 6; Ord. 2022-03-01-1601 C.S. § 5; Ord. 2020-12-01-1502 C.S. § 3; Ord. 2020-09-15-1501 C.S. § 7; Ord. 2020-06-09-1501 C.S. § 4; Ord. 2019-07-16- 1504 C.S. § 4; Ord. 2019-03-05-1501 C.S. § 4; Ord. 2018-09-18-1502 C.S. § 19; Ord. 2017-12- 05-1503 C.S. § 3; Ord. 2016-06-28-1503-01 C.S. § II; Ord. 2016-05-24-1605 C.S. § IV; Ord. 2016-04-12-1602 C.S. § II; Ord. 2016-01-26-1601 C.S. § 2; Ord. 2014-07-29-1601 C.S. § 2; Ord. 2014-05-20-1601 C.S. § 2; Ord. 2013-12-17-1601 C.S. § 1; Ord. 2013-12-17-1210 C.S. § 2; Ord. 2013-07-30-1603-01 C.S. § 2; Ord. 2012-08-14-1602-02 C.S. § 1, eff. 9-13-12; Ord. 2012-04-10-1601 C.S. § 1; Ord. 011-11 C.S. § 1, eff. 10-27-11; Ord. 013-10 C.S. § 1, eff. 9-23- 10; Ord. 011-10 C.S. § 1, eff. 8-26-10; Ord. 015-09 C.S., eff. 12-3-09; Ord. 014-09 C.S. § 2, eff. 11-5-09; Ord. 011-08 C.S. § 2; Ord. 001-08 C.S. § 1; Ord. 023-07 C.S. §§ 5, 6; Ord. 018-071 C.S. § 1; prior code § 16-220.020)
SECTION III: AMENDMENT OF CODE
Title 16, Chapter 16. 24, Section 16. 24.090 (adopted as SMC 16.230.100) of the Stockton Municipal Code (SMC) is added to read, as follows:
16.24.090 CG (commercial, general) zoning district standards.
The following standards shall apply to land uses and development within the CG (Commercial, General) zoning district:
A. Indoor Use Requirement and Exceptions. Proposed development and new land uses within the CG (commercial, general) zoning district shall be conducted entirely within an enclosed structure, except that:
1. Storage and sales areas may be located outside if screened from the visible rights-of-way and/or are in compliance with the requirements for outdoor display and sales (Section 16.80.260).
2. Outdoor dining shall be allowed in compliance with Section 16.80.250 (Outdoor dining and seating areas).
B. Motion Picture Theaters—Limitation on Use. Motion picture theaters located in the CG zoning district shall contain no more than five (5) viewing screens or 499 total seats, including new construction, expansion, conversion, or renovation of a theater of more than five (5) viewing screens or 500 or more total seats or any other structure existing on the same or adjoining parcels or within 1,000 feet of another theater.
C. Warehouse Retail Stores—Limitation on Use. Warehouse retail stores located in the CG zoning district that devote 10 percent or more of the total sales floor area to the sale of nontaxable merchandise shall contain no more than 100,000 square feet of gross floor area, except for stores charging membership dues or otherwise restricting merchandise sales to customers paying a periodic access fee. (Ord. 018-07 C.S. § 2; prior code § 16-230.090)
ATTACHMENT B
SECTION IV: AMENDMENT OF CODE
Title 16, Chapter 16. 24, Section 1 6.24.100 (adopted as SMC 16.230.100) of the Stockton Municipal Code (SMC) is added to read, as follows:
16.24.100 CD (commercial, downtown) zoning district standards.
The following standard shall apply to land uses and development within the CD (commercial, downtown) zoning district:
A. Multifamily Land Uses. Multifamily land uses in the CD zoning district shall not be subject to the site plan and open space requirements for multifamily development (Section 16.80.220(A) through (H)). The requirements for a landscape maintenance plan and management plan/agreement shall still apply (Section 16.80.220(I)).
B. Commercial Land Uses. Commercial land uses in the CD zoning district shall not be subject to the requirements for shopping centers and large-scale commercial retail uses (Section 16.80.330).
C. Warehouse Retail Stores—Limitation on Use. Warehouse retail stores located in the CD zoning district that devote 10 percent or more of the total sales floor area to the sale of non-taxable merchandise shall contain no more than 100,000 square feet of gross floor area, except for stores charging membership dues or otherwise restricting merchandise sales to customers paying a periodic access fee.
Warehouse retail stores shall not be subject to the requirements for shopping centers and large-scale commercial retail uses (Section 16.80.330). (Ord. 015-09 C.S., eff. 12- 3-09; Ord. 018-07 C.S. § 3; prior code § 16-230.100)
SECTION V: AMENDMENT OF CODE
Title 16, Chapter 16. 24, Section 16. 24.110 (adopted as SMC 16.230.1 10) of the Stockton Municipal Code (SMC) is added to read, as follows:
16.24.110 CL (commercial, large-scale) zoning district standards.
The following standards shall apply to land uses and development within the CL (commercial, large-scale) zoning district:
A. Minimum Site Area. The CL zoning district shall only be applied to a site with a minimum area of 25 acres. If an existing developed site in the CL zoning district is less than 25 acres, the structures may be added to, enlarged, extended, reconstructed, relocated, or structurally altered in compliance with Section 16.228.040(D)(3) (Provisions for nonconforming uses, structures, and parcels—Substandard parcels or zoning district areas).
ATTACHMENT B
B. Use Permit Requirement. A project plan in compliance with Section 16.80.330(C) (Shopping centers and large-scale commercial retail uses— Shopping center project plans) showing the entire proposed development for the project site shall be submitted for approval as part of a Commission use permit in compliance with Chapter 16.168 (Use Permit) for the original project. All development on the project site shall be in compliance with the project plan.
C. Indoor Use Requirements and Exceptions. Proposed development and new land uses within the CL (commercial, large-scale) zoning district shall be conducted within enclosed structures, except for:
1. Automotive service stations (fueling stations), parking lots, and outdoor advertising signs;
2. Storage and sales areas if screened from the visible rights-of-way and/or are in compliance with the requirements for outdoor display and sales (Section 16.80.260);
3. Outdoor dining in compliance with Section 16.80.250 (Outdoor dining and seating areas);
4. Promotional activities in compliance with the use permit and subsection E of this section; and
5. Mobile vendors and kiosks as defined in Division 8 (Glossary).
D. Motion Picture Theaters—Limitation on Use. Motion picture theaters located in the CL zoning district shall contain no more than five (5) viewing screens or 499 total seats, including new construction, expansion, conversion, or renovation of a theater of more than five (5) viewing screens or 500 or more total seats or any other structure existing on the same or adjoining parcels or within 1,000 feet of another theater.
E. Shopping Center Promotional Activity. Outdoor promotional activities, including carnivals, fairs, festivals, flea markets, food events, fund-raisers, haunted houses, outdoor entertainment/sporting events, public relations activities, vehicle/motorcycle/recreational vehicle shows, rummage sales, secondhand sales, and other similar events designed to attract large crowds may be held by shopping centers in compliance with the following:
1. The total length of the promotional activity (from setting up to taking down any promotional structures) shall be no more than 96 hours;
2. The location of the promotional activity is:
a. At least 300 feet from any residentially zoned property; and
ATTACHMENT B
b. Consistent with the use permit for the shopping center;
3. Does not create objectionable dust, noise, odors, smoke, vibrations, or similar actions beyond the level of ordinary neighborhood retail establishments and the requirements of Chapter 16.32 (General Performance Standards); and
4. The Chief of Police is notified at least 21 days before the promotional activity.
F. Multifamily Land Uses. Multifamily residential land uses in the CL zoning district shall not be subject to the development standards for multifamily development (Sections 16.80.220(A) through (H)). The requirements for a landscape maintenance plan and management plan/agreement shall still apply (Section 16.80.220(I)).
Additional requirements include:
1. Residential units are not permitted on the first or ground floor.
2. Limited residential use of the first or ground floor of such buildings may be permitted when limited to the functions of entrance lobby/elevator/stair access, leasing or management office or residential amenity spaces such as health/fitness, meeting/activity room or storage. However, in no case shall more than 15 percent of the ground floor be devoted to these ancillary residential uses (not counting parking areas).
3. Residential and commercial land uses shall have separate entrances.
4. For new construction, terracing and articulation providing additional setbacks are required to create relief to the overall massing of building façades. Such design features of building façade articulation are required at least every 60 feet on average along the primary building façades facing streets or the building frontage where the building fronts its primary parking lot area. For any building over two (2) stories in height and over 200 feet in length, there shall be a 35 foot break on at least the first floor, the design of which shall be a component of the architectural review process required for a conditional use permit. For any new building over two (2) stories in height, a significant portion of the top floor shall be terraced and stepped back from the exterior face of the next lower floor by an average of at least five (5) feet. Parking structures are exempt from the terracing requirement.
5. Any above grade parking garages or decks constructed within this district shall be at least 100 feet away from any property used for single-family or zoned for low density residential. (Ord. 2022-07-12-1601-04 C.S. § 8; Ord. 018-07 C.S. § 4; prior code § 16-230.110)
SECTION VII. SEVERABILITY
If any part of this Ordinance is held invalid for any reason, such decision shall not affect
ATTACHMENT B
the validity of the remaining portion of this Ordinance, and the City Council hereby declares that it would have passed the remainder of this Ordinance if such invalid portion thereof had been deleted.
SECTION VIII. EFFECTIVE DATE
This Ordinance shall take effect and be in full force thirty (30) days after its passage.
ADOPTED:
EFFECTIVE:
KEVIN LINCOLN
Mayor of the City of Stockton
ATTEST:
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
ATTACHMENT B