Agenda packet — City Council and Concurrent Authorities, June 3, 2025 (part 5 of 9)

The location of driveways shall be as follows:
(1) Unsignalized Intersections. Driveways shall be located a minimum of 75 feet from the curb return of the nearest
intersecting street to the nearest edge of the driveway throat. (2) Signalized Intersections. Driveways shall be located a minimum of 125 feet from the curb return of the nearest intersecting street to the nearest edge of the driveway throat if only right turns are allowed into the driveway. If both right 1114
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout) 83 and left turns are allowed, the distance shall be a minimum of 275 feet.
iii. Suburban. Driveways to parking areas on arterial and collector streets shall be located as follows:
(1) Unsignalized Intersections. Driveways shall be located a minimum of 150 feet from the curb return of the nearest intersecting street to the nearest edge of the driveway throat. (2) Signalized Intersections. Driveways shall be located a minimum of 300 feet from the curb return of the nearest intersection to the nearest edge of the driveway throat if only right turns are allowed into the driveway. If both right and left turns are allowed, the distance shall be a minimum of 400 feet. See Figure
3-2.

FIGURE 3-2 DRIVEWAY DISTANCE FROM INTERSECTION
c. Driveway Spacing. Driveways shall be separated along the street frontage so that where two (2) or more driveways serve the same or adjacent nonresidential development, 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 and in no case shall the distance between driveways be less than 12 feet.
d. Width. The width of nonresidential driveways shall comply with the following:
i. The standard width of a nonresidential driveway shall not exceed 30 feet. The City Engineer may allow a wider driveway if:
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ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout) 84 (1) The total driveway width does not exceed 50 percent of the frontage of the property.
(2) The driveway would:
(a) Not create an adverse impact on the public street or interfere with the proper development of the property
because of existing structures, an unusual shape or
dimensions; and
(b) Not adversely affect pedestrian and traffic safety or adjacent properties, or modify the standards.
ii. If the property abuts more than one (1) street, the width for a driveway on each street shall be considered separately and shall be based on the frontage of the property on that street only. iii. The width of the driveway shall be measured at the end of the curb return or apron on the private property side of the street side of the property line.
iv. If the above standards would create an adverse impact on the public street or interfere with the proper development of the property because of existing structures, an unusual shape or dimensions, the City Engineer may, where such action would not adversely affect pedestrian and traffic safety or adjacent properties, modify the standards. In no case shall the width of a nonresidential driveway exceed 60 feet.
e. Special Driveways.
i. Parking Facilities. Encroachment permits for driveways for commercial, public, or private parking facilities shall not be issued until plans for the parking facilities have been approved by the Director or a use permit has been issued, as appropriate; and ii. ii. Service Stations. Encroachment permits for driveways for service stations shall not be issued unless a clear distance of 18 feet is provided between the nearest fuel pump block and the contiguous street right-of-way in compliance with Section 16.80.320 (Service stations).

4. Driveway Construction.
a. Permit. An encroachment permit in compliance with Section 16.72.125 (Encroachment permit) shall be required for the construction of all new 1116
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout) 85 driveways or the reconstruction of an existing driveway located on a public right-of-way.
i. Requirements. The encroachment permit may be obtained by a licensed contractor. The applicant shall be responsible for the work performed. The applicant shall have the written consent of the property owner.
ii. Permit Conditions.
(1) If a curb has been opened or ramped for driveway
installation and the driveway is subsequently abandoned, the property owner shall restore the curb to its original section or remove the ramp, as determined by the City
Engineer. If the owner, agent, or person in possession of the property fails to restore the curb and gutter to their original section, the City shall complete the work and all cost shall be borne by the owner/applicant.
(2) The applicant shall exercise reasonable care to properly maintain a driveway that the applicant placed in the street and to exercise reasonable care in inspecting for,
immediately repairing, and making good any damage to any portion of the street which occurs as a result of the work done under the encroachment permit, including any and all damages to the street which would not have occurred had the work not been done or the driveway not placed in that location.
(3) The applicant shall be responsible for all liability for personal injury or property damage which may occur out of the failure of the applicant to perform the obligations of the permit. In the event any claim for liability is made against the City, or any department, office, or employee of the City, the
applicant shall defend, indemnify, and hold them and each of them harmless from such a claim.
b. Lack of Standard Curb. Where standard curbs and gutters are lacking, driveways within the right-of-way lines may be surfaced by extending the same type of surfacing existing on the property so as to merge with the street pavement. The surfacing shall be adequate for the traffic to be carried and constructed to the established grade and other slope to provide for proper drainage with a pipe size of sufficient diameter, as determined by the City Engineer. If the driveway pavement is extended beyond the property line into the City’s right-of-way at an intersection, the City Engineer may require the applicant to construct a suitable traffic island or curb 1117
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout) 86 section to provide for installation and protection of and traffic signals or signs as may be deemed necessary.
c. Removal of Existing Curbs. If a curb is opened to permit installation of a driveway, all the existing concrete in the curb and/or gutter shall be removed, except as otherwise directed by the City Engineer. No curb or gutter shall be removed until the driveway plan has been approved and the encroachment permit issued.
d. Completion. The construction of driveways requiring a breakout of a curb section shall be diligently pursued to completion. If work is not completed within 45 working days after the date of the issuance of the encroachment permit, the property owner shall reimburse the City to:
i. Restore the original curb and gutter section; or
ii. Complete the work in accordance with the approved plans. e. Inspection and Approval.
i. Driveway construction shall be subject to the approval of the City Engineer. It shall be the responsibility of the applicant to request the inspection in compliance with the requirements/provisions of the encroachment permit.
ii. Completed driveways shall conform to the approved plan and the terms of the encroachment permit. Work not in conformity with the approved plan and encroachment permit shall be removed and properly replaced at the expense of the owner.
f. Maintenance. Driveways shall be maintained in good condition by the property owner.

D. Traffic Sight Area. Structures or landscaping over 30 inches in height shall not be allowed within a traffic sight area formed by the intersection of public rights-of-way, driveways, or alleys as determined by the City Engineer in compliance with Section 16.36.140 (Traffic sight area). (Ord. 015-09 C.S., eff. 12-3-09; Ord. 023-07 C.S. §§ 16, 17; prior code § 16- 310.030)

16.36.035 Accessory Structures
A. Applicability.

1. Detached Structures. The provisions of this Section apply to roofed structures, including but not limited to garages, carports, sheds, workshops, gazebos, and covered patios that are detached from and accessory to a main building on the 1118
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout) 87 site. These provisions also apply to open, unroofed structures such as decks and trellises that are over 24 inches in height and are detached from and accessory to a main building on the site.

2. Attached Structures. The provisions of this Section do not apply to accessory structures attached to a main building, which shall comply in all respects with the requirements of this Code applicable to the main building. Structures with a common wall or roof with the main building, or that rely partially on the main building for structural support, shall be considered part of the main building.

3. Accessory Dwelling Units. Accessory Dwelling Units, attached or detached, are subject to the standards of Section 16.80.310 (Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs)).

B. Relation to Existing Structures. A detached accessory structure may only be constructed on a lot on which there is a permitted primary structure to which the accessory structure is related.

C. Development Standards. Accessory structures shall meet the development standards of the zoning district in which they are located except as follows:

1. Setback Areas. Detached accessory structures, or portions thereof, located within required setback areas shall comply with Section 16.36.110 (Setback Regulations and Exceptions).

2. Maximum Height. Accessory structures shall not exceed a height of 15 feet.

16.36.040 Agriculture preservation (right to farm).

A. Purpose. It is the public interest to preserve the City and County’s agricultural operations while minimizing conflicts to new urban development. The intrusion of urban development often leads to restrictions on agricultural operations to the detriment of the agricultural uses. The purposes of this section are to:

1. Preserve, protect, and encourage the use of viable agricultural lands for food and agricultural production and the keeping of livestock;

2. Recognize and support the right of persons and entities to farm;

3. Reduce the loss of agricultural operations by limiting the circumstances under which an agricultural operation may be considered a nuisance; and

4. Advise prospective purchasers, residents, and tenants of property adjoining or near agricultural operations (including the keeping of livestock), of the inherent conflicts associated with the purchase of a residence near an agricultural operation 1119
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout) 88 including the presence of chemicals, dust, light, noise, odors, and traffic that may occur near agricultural operations.

B. Nuisance. No agricultural activity, operation, or facility, or appurtenances thereof conducted or maintained for commercial purposes, and in a manner generally consistent with recognized minimum customs and standards, as established and followed by similar agricultural operations, shall be or become a nuisance, private or public, due to any changed conditions in or about any land proximately located to any farming operation.

C. Conclusive Presumption. A conclusive presumption shall apply in any administrative, civil, or criminal action or proceeding arising directly or indirectly from a decision by the City to convert proximately located land from agriculture to urban uses that all persons or entities enjoying or occupying the converted land had full knowledge of existing or future agricultural activity and operation and as a condition of enjoying, directly or indirectly, the benefits conferred by the land use decision of the City specifically waived any objection, complaint, or disagreement to the agricultural operator’s right to continue conducting farming existing and future agricultural activities and farming operations.

D. Deed Restriction. Each tentative subdivision map approved or use permit issued to convert proximately located land from agriculture to urban uses shall contain a condition requiring the landowner report a deed restriction waiving any right to complain about or file any action concerning farming operations and practices. The Stockton City Attorney shall approve the form of the deed restriction.

E. Cooperation. The City of Stockton shall cooperate with the City of Lodi and other governmental agencies concerning the funding and purchasing of conservation easements for lands located between the two (2) cities.

F. Disclosure. The approval of all parcel, tentative, or vesting tentative maps adjacent to or near agricultural lands shall require the owners, developers, or successors-in-interest to notify all purchasers of lots within the project site of the nature and extent of existing agricultural activities, operations, and facilities in the vicinity of the project site. If the first purchaser of a lot is a builder, this requirement shall extend to the builder so that the actual homeowner receives the notice.

1. This disclosure shall provide notice of the potential conflicts or effects of typical agricultural activities including, noise, odors, dust, agricultural spraying, agricultural burning, etc. Notice shall be provided in compliance with California Civil Code Section 3482.5, stating that typical agricultural activities shall not be considered a nuisance except as otherwise provided in that Civil Code section. (Ord. 036-04 C.S. § 2; prior code § 16-310.040)
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ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout) 89 16.36.045 Containerized Storage Units
Unmodified, stackable, metal shipping containers that are greater than 120 square feet in size, not permanently affixed to the grounds, and used for accessory storage are allowed in compliance with the following standards.

A. Allowed Districts.

1. Residential Districts. Permanent containerized storage units are prohibited.

Temporary units are allowed only for the storage of construction materials on the same site as an active Building Permit.

2. Commercial Districts. Permanent containerized storage units are prohibited.

Temporary units may be allowed subject to a Temporary Activity Permit.

3. Industrial Districts. Temporary and permanent containerized storage units shall be allowed in compliance with the requirements of this Development Code for primary structures, including the following:
a. Screening. All containerized storage units shall be screened from public rights-of-way in compliance with Section 16.36.100 (Screening and Buffering).
b. Parking. The containerized storage unit shall be included in determining the parking requirements for the primary use in compliance Chapter 16.64 (Off-Street Parking and Loading Standards).

B. Modifications. Any modification or permanent attachment to the ground shall be subject to the requirements of this Development Code, the Municipal Code, the California Building Standards Code, standard plans and specifications, and Design Review.

16.36.050 Historic and Cultural resources.

A. General Provisions. If any historical, cultural, or archaeological resource or human remains may be impacted by any development project requiring a discretionary land use permit, the Secretary of the Cultural Heritage BoardDirector shall be notified, any survey needed to determine the significance of the resource shall be conducted, and the proper environmental documents shall be prepared. In addition:

1. Historical or cultural resources that are not designated but that are determined to be eligible for the California Register of Historical Resources shall be considered as such for the purposes of the California Environmental Quality Act (CEQA).

B. Historical Resources. Resources that have been identified as a landmark or part of a historic district in compliance with Chapter 16.220 (Cultural Resources) shall require a 1121
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout) 90 certificate of appropriateness (Section 16.220.060) if any exterior changes to the resource are proposed.

C.B. Archaeological Resources. In the event that archaeological resources are discovered during any construction, construction activities shall cease, and the Department shall be notified so that the extent and location of discovered materials may be recorded by a qualified archaeologist, and disposition of artifacts may occur in compliance with State and Federal law.

C. Human Remains. In the event human remains are discovered during any construction, construction activities shall cease, and the County Coroner and Director shall be notified immediately in compliance with CEQA Guidelines 15064.5 (d). A qualified archaeologist shall be contacted to evaluate the situation. If the human remains are of Native American origin, the Coroner shall notify the Native American Heritage Commission within 24 hours of this identification. The Native American Heritage Commission will identify the most likely descendent of the Native American to inspect the site and provide recommendations for the proper treatment of the remains and associated grave goods. (Prior code § 16- 310.050)
D. Historic Resources.

1. Applicability. The standards of this Section apply to all designated landmarks, historic sites, structures of merit, and historic preservation districts.

2. Certificate of Appropriateness Required. Except for exemptions listed below, a Certificate of Appropriateness pursuant to Chapter 16.220.060 (Certificates of Appropriateness) shall be required for the following:
a. Any exterior alteration, expansion, demolition, relocation, or removal of any building, structure, artifact, natural or designed landscape feature, or site within a historic preservation district unless exempted below; b. Any exterior alteration, expansion, construction, demolition, relocation, or removal of any designated historic landmark or structure of merit unless exempted below;
c. Any new construction within a historic preservation district or on the property of a landmark or structure of merit; and,
d. Any removal, alteration, expansion, or addition of lights, signs, designed landscape feature, street trees, or other frontage improvements in a historic preservation district or property of a landmark and structure of merit. e. Exemptions. The requirement for a Certificate of Appropriateness shall not apply to the following:
i. Interior changes to a building or structure;
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ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout) 91 ii. Minor changes, including:
(1) Landscaping that does not alter the style or character of the site, building, or structure or adversely impact the general architectural and/or cultural features of the property; (2) Electronic security systems;
(3) Interior fire and life safety devices and/or systems; (4) Application of same or similar paint colors to existing buildings except for those surfaces which, in the opinion of the Director, have historically been unpainted (e.g.,
masonry, wood shingles, chimneys). and,
(5) Other conditions the Director determines to be minor. iii. If the Director determines that an emergency or hazardous condition exists and that it needs to be corrected to ensure public health, safety, and welfare.

3. Historic Resource Demolition / Relocation Permit. A Historic Resource Demolition / Relocation Permit pursuant to Chapter 16.220.150 (Demolition or Relocation of Historic Structures) is required for the demolition or relocation of a historic resource.

4. Maintenance.
a. Responsibility to Maintain. All property owners and/or tenants of landmarks, historic sites, structures of merit, and buildings and structures in a historic preservation district shall maintain and keep in repair the historical resources and premises which shall be preserved against decay and deterioration by being kept free from the following structural defects:
i. Deteriorated or inadequate foundation, which jeopardizes structural integrity;
ii. Defective or deteriorated floor supports or any structural members of insufficient size to carry imposed loads with safety, which jeopardizes structural integrity;
iii. Members of external or interior walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration which jeopardizes structural integrity;
iv. Fireplaces or chimneys which list, bulge, or settle due to defective material or deterioration or are of insufficient size or strength to carry imposed loads with safety which jeopardizes structural integrity;
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ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout) 92 v. Deteriorated or crumbling exterior plasters, mortar, or stucco; vi. Lack of weather protection or ineffective waterproofing of exterior walls, roof, and foundations, including broken windows or doors; vii. Peeled paint, rotting, holes, and other forms of decay; viii. Lack of maintenance of the surrounding environment (e.g., accessory structures, fences, gates, landscaping, sidewalks, signs, and steps); or
ix. Any deteriorated feature creating, or allowing the creation of, any hazardous or unsafe condition or conditions.
b. Time for Correction. The owner or the owner’s agent shall repair the object, building, structure, or site within the period of time specified in the written order to correct defects or repairs to any historical resource in compliance with Subsection D.1.a (Responsibility to Maintain), above, so that the historical resource shall be preserved and protected in compliance with the purpose of this Chapter.
c. Property Maintenance Standards. The property shall be maintained in compliance with Chapter 8.36, Property Maintenance Standards, of the Municipal Code.
d. Ordinary Maintenance and Repair. Nothing in this Section shall be interpreted to prevent the ordinary maintenance or repair of any exterior architectural feature in, or on, any designated historical resource that does not involve a modification or change in design, material, or external appearance.

5. Economic Hardship. If a determination of economic hardship is made, the Review Authority shall take it into consideration in making any decision regarding a historic landmark, historic preservation district, or historic site. a. Standards. The Board may make a determination of economic hardship if the property owner can demonstrate that one of the following standards apply:
i. Income Producing Property. The income producing property would be unable to obtain a reasonable rate of return in its present condition or if rehabilitated; or
ii. Non-Income Producing Property. The non-income producing property has no beneficial use as a single-unit dwelling, duplex, triplex, or institutional use in its present condition or if rehabilitated. 1124
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout) 93 b. Lack of Hardship. A determination of economic hardship shall not be based on, or include, any of the following circumstances:
i. Willful or negligent acts by the owner;
ii. Purchase of the property for substantially more than market value; iii. Failure to perform ordinary maintenance or repairs; iv. Failure to diligently solicit and retain tenants; or i.v. Failure to provide normal tenant improvements.

16.36.060 Development considerationsDemolition and Relocation of Buildings.

The demolition and relocation of buildings, structures, or site features (or portions thereof) are subject to the standards and permit requirements of Title 15, Buildings and Construction, of the Stockton Municipal Code. In addition to the standards and permit requirements of Title 15, the demolition and relocation of the following require a Historic Resource Demolition/Relocation Permit pursuant to 16.220.150 (Demolition or Relocation of Historic Structures).

A. Buildings, structures, or site features that are designated City Landmarks, contributing structures located in an Historic Preservation District, a Structure of Merit, or buildings or structures listed on any other local, State or Federal register.

B. Buildings or structures constructed or in place at least 50 years before the date of application for demolition or relocation.

C. Exemptions. Buildings, structures, or site features that are deemed to be unsafe or a public nuisance, in accordance with Title 15 of the Municipal Code, may be issued a demolition / relocation permit, as determined by the Director. The Department may retain a structural engineer, at the expense of the applicant, to assist the Director in making a determination.

The following standards are in addition to any specific development standards contained in this Development Code and shall be considered for all development projects, in compliance with Division 16.152 (Site Plan Review) which would ensure high quality site plans and architectural design:

A. Access and Vehicle Circulation. Site access, parking, loading and drive aisles shall be designed to function in a safe and efficient manner, in compliance with Chapter 16.64 (OffStreet Parking and Loading Standards); B. Lighting. Exterior lighting shall be energy efficient, stationary, shielded and directed away from adjoining properties and public rights-of-way, and shall comply with Section

16.32.070 (Light and glare);
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ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout) 94 C. Screening. Mechanical equipment, storage, solid waste and recyclable material storage areas and utilities shall be located out of public view or otherwise screened from public view, in compliance with Section 16.36.100 (Screening and buffering); D. Signs. Any proposed signs shall be integrated with the design and shall not overwhelm or dominate the development project, in compliance with Chapter 16.76 (Sign Standards); E. Surrounding Development. The proposed development shall be compatible and harmonious with surrounding development including, the siting of the development project as it relates to the character of the neighborhood and the street, the massing of structures, and architectural detailing; and
F. Transitions Between Land Uses. The proposed development project shall be designed to protect adjacent land uses, by promoting a compatible transition in terms of scale and character and buffering between areas of different land uses and zoning districts. (Prior code § 16-310.060)

16.36.070 Environmental compliance.

All proposed projects/activities (ministerial and discretionary) shall adhere to the applicable mitigation measures for any previously adopted or certified environmental document for which the land was zoned or entitled to allow the intended use. In compliance with Section 15096 of the CEQA Guidelines and City's CEQA Guidelines, the applicable environmental document(s) shall be referenced and when necessary, the CEQA findings shall be adopted or recommended for any project approvals in which the City is a lead or responsible agency (as defined in CEQA) for the approvals, as applicable.Development proposals shall be evaluated in compliance with the California Environmental Quality Act (Public Resources Code Section 21,000 et seq.), National Environmental Quality Act (NEPA), the City CEQA guidelines, and General Plan environmental policies, including policies regarding riparian habitat, sensitive biological and botanical resources; rare, threatened and/or endangered species; traffic; air quality; mineral resources; historical and archaeological resources; and geologic hazards. (Prior code § 16-310.070)

16.36.075 Graffiti Prevention and Ease of Removal Provisions In addition to the standards and requirements of Chapter 8.24, Graffiti, of the Municipal Code, the following graffiti prevention and ease of removal provisions apply.

A. Applicability. All multi unit projects, nonresidential projects, and back-up walls shall incorporate either paint or graffiti-resistant coatings pursuant to Subsection 16.36.075.B (Paint or Coatings) or graffiti-limiting landscaping pursuant to Subsection 16.36.075.C (Graffiti-Limiting Landscaping).
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ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout) 95 B. Paint or Coatings. Walls shall be painted with two coats of flat, exterior, water-based, 100 percent acrylic paints with low volatile organic compounds which meet the standards of the California Air Resources Board. If the wall includes natural stone, brick, or similar material, a clear coating that allows for graffiti abatement shall be applied to the surface in accordance with manufactures instructions.

1. Back-up Walls.
a. Back-up walls maintained through the Stockton Consolidated Landscape Maintenance Assessment District shall be painted with two coats of flat, exterior, water-based, 100 percent acrylic paint in a standard color that is readily available from a local paint store or home improvement center. If the wall includes natural stone, brick or similar material, a clear coating that allows for graffiti abatement shall be applied to the surface in accordance with manufactures instructions.
b. Property owner associations shall be responsible for abatement of all graffiti on back-up walls maintained through a private maintenance association in accordance with all applicable sections of this Municipal Code.

2. Materials. A supply of paint or compatible graffiti-removal material shall be provided to the City in compliance with Sections 8.24.170 and 8.24.180 of the Municipal Code.

C. Graffiti-Limiting Landscaping. Property in front of solid fences and walls shall be landscaped with vegetation that will cover at least 80 percent of the fence / wall within three years. Modifications to this standard may be granted by the Director where site characteristics make it infeasible or impractical to provide the required landscaping and the Director finds that adequate alternative measures have been incorporated into the project to limit graffiti.

16.36.080 Hazardous materials.

A. Purpose. The following standards are intended to ensure that the use, handling, storage, and transportation of hazardous materials comply with all applicable State laws (Government Code Section 65850.2 and Health and Safety Code Section 25505, et seq.) and that appropriate information is reported to the City.

B. Applicability. The standards of this section apply to the use, handling, storage, and transportation of hazardous materials.
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ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout) 96 1. For the purposes of this section, “hazardous materials” shall include materials that meet the requirements of Tables 105A and 105B and Section 105 (Permits) of the Fire Code adopted by the City of Stockton.

A.C. Use Permit Required. An administrative use permit in compliance with Chapter 16.168 (Use Permits) shall be required for any new commercial, industrial, institutional, or accessory use, or major addition (over 10 percent) to an existing use within 1,000 feet of a residential zoning district that involves the manufacture, storage, handling, or processing of hazardous materials in sufficient quantities that would require permits as hazardous materials.

B.D. Reporting Requirements. All businesses required by State law (Health and Safety Code, Section 6.95) to prepare hazardous materials release response plans and hazardous materials inventory statements shall upon request submit copies of these plans, including any revisions, to the Fire Department.

C.E. Underground Storage. Underground storage of hazardous materials shall comply with all applicable requirements of State law (Health and Safety Code, Section 6.7 and Chapter 27 of the California Fire Code, or as subsequently amended).

D.F. Above-Ground Storage. Aboveground storage tanks for hazardous materials and flammable and combustible liquids may be allowed subject to the approval of the Fire Department.

E.G. New Development. Structures adjacent to a commercial supply bulk transfer delivery system with at least six (6) inch pipes shall be designed to accommodate a setback of at least 100 feet from that delivery system. This setback may be reduced if the Director, with recommendation from the Fire Department, can make one (1) or more of the following findings:

1. The structure would be protected from the radiant heat of an explosion by berming or other physical barriers;

2. A 100-foot setback would be impractical or unnecessary because of existing topography, streets, parcel lines, or easements; or

3. A secondary containment system for petroleum pipelines and transition points shall be constructed. The design of the system shall be subject to the approval of the Fire Department.

F.H. Notification Required. A subdivider of a development within 500 feet of a pipeline shall notify a new/potential owner before the time of purchase and the close of escrow of the location, size, and type of pipeline. (Ord. 015-09 C.S., eff. 12-3-09; Ord. 023-07 C.S. § 18; prior code § 16-310.080)
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ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout) 97 16.36.090 Height measurement and height limit exceptions.

All structures shall meet the following standards relating to height, except for fences and walls, which shall comply with Chapter 16.48 (Fences, Hedges, and Walls).

A. Maximum Height. The height of structures shall not exceed the standard established by the applicable zoning district in Table 2-3Chapter 16.24 (Zoning District Development Standards), or other provision of this Code, except as provided in Section 16.36.090.C (Exceptions to Height Limits), or as specifically identified in another section of this Code.

A.B. Height Measurement. Maximum height shall be measured as the vertical distance from the finish grade to an imaginary plane located the allowed distance above, and parallel to, the finish grade, or as provided by the California Building Standards Code.

FIGURE 3-3 HEIGHT MEASUREMENT
B.C. Exceptions to Height Limits. The Director may approve exceptions to the height limits of this Development Code:structures listed below may exceed the maximum permitted height for the district in which they are located, subject to the limitations stated and further provided that no portion of a structure in excess of the height limit may contain habitable areas or advertising.

1. Roof-Mounted Structures. Roof-mounted structures for the housing of elevators, stairways, tanks, ventilating fans, wind power equipment, chimneys, flag poles, towers, skylights, smokestacks, wireless masts, or similar equipment required to operate and maintain the structure, shall be allowed, up to a maximum of 15 feet above the structure height. The structures shall be screened in compliance with Section 16.36.100(B) (Screening and buffering)—Mechanical equipment, loading docks, and refuse areas). The total square footage of all structures above the heights allowed in the zoning districts shall not occupy more than 25 percent of the 1129
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout) 98 total roof area of the structure. In no case shall a roof-mounted structure be allowed for the purpose of providing or creating additional floor space.

2. Communications Facilities. Communication facilities, including antennae (television, radio, cellular, etc.), poles, towers, and necessary mechanical appurtenances, may be authorized to exceed are subject to the height limit established for the applicable zoning district, subject to the provisions of Chapter

16.44 (Communications Facilities).

3. Parapet Walls. Fire or parapet walls in nonresidential zoning districts may extend up to four (4) feet above the allowable height limit of the structure.

FIGURE 3-4 PARAPET WALL HEIGHT

4. Institutional Uses. Public and private institutional uses, including government buildings, hospitals, schools, and other similar structures, as determined by the Director, may be built to a maximum of 75 feet, including roof-mounted structures, provided the front, side, and rear setback requirements shall each be increased by one (1) additional foot for each one (1) foot that the structure exceeds the height limit established for the applicable zoning district.

5. Residential Units. Residential units may be built to a maximum of 45 feet in height provided both side yards are each increased by one (1) additional foot for each one (1) foot that the height of the structure exceeds 35 feet.

6. Flagpoles. Freestanding flagpoles shall be allowed:
a. Nonresidential. To 60 feet for nonresidential land uses. b. Residential. To a maximum height of 15 feet in the setback area in compliance with Section 16.80.020 (Allowed use and structures); flagpoles located within the building envelope may be to the height allowed in the 1130
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout) 99 zoning district. (Ord. 2020-12-01-1502 C.S. § 5; Ord. 015-09 C.S., eff. 12- 3-09; Ord. 023-07 C.S. § 19; prior code § 16-310.090)

16.36.095 Lighting and Illumination
A. Applicability. The standards of this Section apply to all new development and to exterior alterations and additions that involve replacement light fixtures or systems, except as provided below.

1. Exemptions. The following lighting is exempt from the provisions of this Section. a. Street Lighting.
b. Athletic Field Lights. Athletic field lights used within a City parks and private schools and universities.
c. Safety and Security Lighting. Safety and security lighting for public facilities. d. Construction and Emergency Lighting. All construction or emergency lighting fixtures, provided they are temporary and are discontinued immediately upon completion of the construction work or abatement of the emergency.
e. Seasonal Lighting. Seasonal lighting displays related to cultural or religious celebrations.

B. Application Requirements. Any planning application that includes new or replacement light fixtures or systems shall include a photometric plan showing foot-candle levels for proposed lighting intensity at property line(s), except as provided below.

1. Applications for outdoor lighting associated with residential development of less than four units and property-owner installed lighting are not required to submit photometric plans unless requested by the Director due to project location, size, use, and proposed lighting.

C. Prohibitions. The following types of exterior lighting are prohibited unless specifically allowed subject to another part of this Code.

1. Searchlights. The operation of searchlights for purposes other than public safety.

2. Mercury Vapor. Mercury vapor lights.

3. Other Light Types. Laser lights or any other lighting that flashes, blinks, alternates, or moves.

D. Required Illumination.
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ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout) 100

1. Multi-Unit Residential Buildings. Aisles, passageways, and recesses related to and within the building complex shall be illuminated with an intensity of at least one-quarter foot-candle at the ground level during the hours of darkness.

2. Non-Residential Buildings. All exterior doors, during the hours of darkness, shall be illuminated with a minimum of one-half foot-candle of light.

E. Maximum Light Levels. The light level at property lines shall not exceed one foot-candle .

F. General Requirements.

1. Maximum Height. Light standards shall not exceed 20 feet in height except where:
the Director allows additional height for activities, uses, or development with unique lighting needs; for accentuating historic architectural features of a building, signage, and/or landscaping features; or, for security purposes, provided the lighting otherwise complies with all other requirements of this Code.

2. Fixture Types. All luminaries shall meet the most recently adopted criteria of the Illuminating Engineering Society of North America (IESNA) for "Cut Off" or "Full Cut Off" luminaries.

3. Design of Fixtures. Fixtures shall be appropriate to the style and scale of the architecture. Fixtures on buildings shall be attached only to walls or eaves, and the top of the fixture shall not exceed the height of the parapet or roof or eave of roof.

4. Timing Controls. All outdoor lighting in nonresidential development shall be on a time clock or photo-sensor system and turned off during daylight hours and during hours when the building is not in use and the lighting is not required for security.

5. Light Trespass and Glare Prevention. All lights shall be directed, oriented, and shielded to prevent light trespass or glare onto adjacent properties.

16.36.100 Screening and buffering.

This section provides standards for the screening and buffering of adjoining land uses, equipment, and outdoor storage areas, and surface parking areas. Multifamily Multi-unit and nonresidential land uses shall comply with the requirements of this section.

A. Screening of Mechanical and Electrical Equipment. All exterior mechanical and electrical equipment shall be screened or incorporated into the design of buildings so as not to be visible from public rights-of-way or adjacent Residential or Open Space Districts.

Equipment to be screened includes, but is not limited to, all roof-mounted equipment, air conditioners, heaters, utility meters, cable equipment, telephone entry boxes, backflow preventers, irrigation control valves, electrical transformers, pull boxes, and all ducting for 1132
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout) 101
air conditioning, heating, and blower systems. Screening materials shall be consistent with the exterior colors and materials of the building. Exceptions may be granted by the Director where screening is infeasible due to health and safety or utility requirements.

B. Common Property Lines. A solid masonry screening wall eight feet in height shall be provided on the interior lot lines of any lot with an industrial use that abuts a residential zone or use.

1. Timing. The screening wall shall be provided at the time of new construction or expansion of buildings, or changes of use to an industrial use.

2. Location. Screening walls shall follow the lot line of the lot to be screened, or shall be so arranged within the boundaries of the lot so as to substantially hide from adjoining lots the building, facility, or activity required to be screened.

3. Exception. Screening shall not be required along a lot line where a building wall, solid fence or free-standing wall of the required height exists immediately abutting and on the other side of the lot line.

C. Outdoor Storage Areas. Outdoor storage areas shall be screened from view from any adjacent public street or freeway, existing or planned residential area, or publicly accessible open space or park and recreation area.

1. Height. Screening walls and fences shall be at least seven feet tall and no materials or equipment shall be stored to a height greater than that of the wall or fence. Fences and walls shall not exceed the maximum allowable fence heights unless required by the City for noise abatement or as otherwise allowed through an Administrative Exception or Waiver approval pursuant to Chapter 16.112 (Administrative Exceptions) or Chapter 16.176 (Waivers).

2. Site operations in conjunction with outdoor storage, including the loading and unloading of materials and equipment, shall be conducted entirely within a walled area.

3. Incidental outdoor storage shall be permitted, subject to the above standards.

Outdoor storage that is a primary land use shall be subject to the applicable zoning district land use regulations identified in Division 2 (Zoning Districts, Allowable Land Uses, and Zone Specific Standards), and the above standards. 1133
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout) 102
FIGURE 3-5 OUTDOOR STORAGE AREA SCREENING
D. Other Outdoor Use Areas. Where the Director finds that an outdoor use without screening would have a detrimental effect, the outdoor use shall be screened from view from any public street or freeway; existing or planned residential area; or publicly accessible open space or park and recreation area.

E. Materials. Unless otherwise specified, screening walls shall be constructed of stucco, decorative block, concrete panel, wood not less than one inch thick, or other substantially equivalent material.

1. Supports. Supports shall be of four-by-four wood posts, pipe, or masonry piers located on a maximum six-foot center and cemented in place.

2. Berms. An earth berm may be used instead of or in combination with the above types of screening walls.

3. Vegetation. Required screening may be provided through an evergreen hedge or mix of evergreen shrubs and trees of a type, density, and spacing so that sight and illumination will be obscured through the screening within three years of planting and the vegetation is maintained at a minimum height of six feet.

A. Standards.

1. Screening Between Different Land Uses. A screen consisting of plant material and a solid masonry wall, or other material as approved by the Director, shall be installed along parcel boundaries whenever a commercial or industrial development adjoins a residential zoning district or a multifamily project adjoins single-family homes. The screen shall be a minimum of eight (8) feet in height for commercial, industrial, or multifamily development, except if the Director determines that no activities will occur adjacent to the residential zoning district 1134
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout) 103
that would be harmful to the neighboring properties or that the project is an infill project in compliance with Chapter16.52 (Infill Development Standards) or a downtown project. The maximum height of walls shall comply with the provisions of Chapter 16.48 (Fences, Hedges, and Walls); heights may be increased if needed to mitigate an impact. Landscaping (trees and shrubs) shall be incorporated adjacent to the nonresidential side of the walls to help break up and soften the impact of long, flat surfaces at the discretion of the Director.

FIGURE 3-5 SCREENING AND BUFFERING

2. Mechanical Equipment, Loading Docks, and Refuse Areas. Roof- or groundmounted mechanical equipment (e.g., air conditioning, heating, ventilation ducts and exhaust, etc.), except wind power equipment; loading docks; company-owned vehicles in compliance with Section 16.64.040(G) (Company-owned vehicles); refuse storage areas in compliance with the requirements of Section 16.36.130 (Solid waste/recyclable materials storage); and utility services shall be screened from public view from abutting public streets and rights-of-way and abutting area(s) zoned for residential or open space uses. The method of screening shall be architecturally compatible with other site development in terms of colors, materials, and architectural style. Landscaping shall be incorporated adjacent to walls to help soften the impact of long, flat wall surfaces, subject to the discretion of the Director.

3. Outdoor Storage Areas.
a. The use of outdoor areas for storage purposes shall be subject to the following standards:
i. Outside storage areas shall be screened with a solid, sightobscuring wall not less than six (6) feet nor more than eight (8) feet in height of a type and design approved by the Director. The wall shall include sight-obscuring gates. The wall and gate(s) shall be continuously maintained in good repair; and
ii. Site operations in conjunction with outdoor storage, including the loading and unloading of materials and equipment, shall be conducted entirely within a walled area.
b. Incidental outdoor storage shall be permitted, subject to the above standards. Outdoor storage which is a primary land use shall be subject to the applicable permitting requirements identified in Table 2-2 (Allowable Land Uses and Permit Requirements) and the above standards. 1135
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout) 104
B.F. Graffiti Prevention. Fences and /walls shall be designed and built so as to control graffiti in compliance with Section 16.32.060 (Graffiti Prevention and Ease of Removal Provisions).

G. Maintenance. Screening walls shall be maintained in good repair, including painting, if required, and shall be kept free of litter or advertising. Where hedges are used as screening, trimming or pruning shall be employed as necessary to maintain the maximum allowed height.

16.36.110 Setback regulations and exceptions.

A. Measurement of Setbacks. Setbacks shall be measured at right angles from the nearest point of the corresponding front, side, or rear lot line, except as follows:

1. Access Easements and Right-of-Ways. If an access easement or street right-ofway line extends into or through any yard, the measurement shall be taken from the nearest point of the access easement or right-of-way line

2. Irregular Lot. In the case of an irregularly shaped lot, where the rear property line is narrower than the front, a ten-foot-long line, drawn within the lot, parallel to and most distant from the front lot line, shall be considered the rear lot line for the purpose of measuring the required rear setback.
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FIGURE 3-6 MEASURING SETBACKS
B. Required Setbacks. In addition to any setback required pursuant to Division 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), or other provision of this Code, the following setback requirements apply.

1. Levee Setbacks. Setback from the landside toe of any flood control levee shall comply with California Code of Regulations, Title 23, and shall be a minimum of 15 feet. For development greater than five parcels or five acres in size and adjacent to a flood control levee designated by the Director to provide 200-year level flood protection, an additional setback equal to four times the height of the levee or a maximum of 50 feet shall apply. No primary or accessory structures may encroach into the levee setback.

2. Lots Abutting an Alley. If a lot abuts a public alley, no primary or accessory structure shall project or extend nearer than five feet from the property line abutting the alley, except:
a. Garages/car ports whose entrance is from the alley shall be a minimum of ten feet from the property line abutting the alley.

3. Railroad Setbacks.
a. Residential. Habitable residential buildings adjacent to a railroad track shall be located a minimum of 85 feet from the outer rail of the track. b. Commercial and Industrial. Commercial and industrial buildings adjacent to a railroad track shall be located a minimum of 25 feet from the out rail of the track, except for loading docks utilizing tracks to move goods C. Encroachments into Required Setbacks. Where setbacks and open yard areas are required in this Code, they shall be not less in depth or width than the minimum dimension specified, shall be at every point open, and shall not be obstructed with non-movable features from the ground upward, except as provided in Table 3-1 (Allowed Encroachments into Required Setbacks) or as specifically identified in another section of this Code.

TABLE 3-1: ALLOWED ENCROACHMENTS INTO REQUIRED SETBACKS Encroachment Front Setback Street Side
Setback
Interior Side
Setback
Rear Setback Limitations
All encroachments No encroachment may extend closer than three feet to an interior lot line or into a public utility easement. Where any allowance of this Code conflicts with applicable building codes, the more restrictive shall apply.

Architectural features,
including decorative
4 ft 4 ft 2 ft 4 ft Shall not
increase the
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ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout) 106
TABLE 3-1: ALLOWED ENCROACHMENTS INTO REQUIRED SETBACKS Encroachment Front Setback Street Side
Setback
Interior Side
Setback
Rear Setback Limitations
balconies and bay windows,
belt courses, greenhouse
windows, awnings, canopies,
cornices, buttresses,
ornamental features, eaves,
and chimneys
usable area
enclosed by the
structure
Covered and unenclosed
porches located at the same
level as the entrance floor of
the structure,
Covered and unenclosed
patios,
Outside stairways and
balconies, landings, and fire
escapes that are not
enclosed
4 ft 4 ft May not
encroach
4 ft
Flagpoles May encroach
up to 5 feet from
the property line
May encroach
up to 5 feet from
the property line
May encroach
up to 3 feet from
property line
May encroach
up to 3 feet from
property line
Limited to one
flagpole,
maximum 15
feet in height
Lampposts May encroach
up to 3 feet from
property line
May encroach
up to 3 feet from
property line
May not
encroach
May not
encroach
Maximum 6 feet
in height
Accessory Structures May not
encroach
May not
encroach
May encroach
up to 3 feet from
the property line
May encroach
up to 3 feet from
property line
Mechanical Equipment,
including air conditioners,
water heaters, emergency
generators, and stormwater
retention equipment
May not
encroach
May not
encroach
May encroach
up to 3 feet from
property line
May encroach
up to 3 feet from
property line
Ramps and similar
structures that provide
access for persons with
disabilities
Reasonable accommodation will be made, consistent with the Americans with Disabilities Act, See Chapter 16.214, Requests for Reasonable Accommodation This section establishes standards to ensure the provision of open areas around structures for:
visibility and traffic safety; access to and around structures; access to natural light and ventilation; separation of incompatible land uses; and space for privacy, landscaping, and recreation.

FIGURE 3-6 LOCATION AND MEASUREMENT OF SETBACKS
A. Setback Requirements.

1. Structures.
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ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout) 107
a. Primary Structures. All primary structures shall conform with the setback requirements established for each zoning district by Table 2-3 (Zoning District Development Standards), and with any special setbacks established for specific uses by this Development Code. b. Accessory Structures. All accessory structures shall comply with the requirements of Section 16.80.020 (Accessory uses and structures). c. Easements. No portion of a permanent structure shall be allowed in an easement without the express written permission of all who have a right to that easement.

2. Setback Areas. Each setback area shall be open and unobstructed from the ground upward, except as provided in this section.

3. Levee Setbacks. Setback from the landside toe of any flood control levee shall comply with California Code of Regulations, Title 23, and shall be a minimum of 15 feet. For development greater than five parcels or five acres in size and adjacent to a flood control levee designated by the Director to provide 200-year level flood protection, an additional setback equal to four times the height of the levee or a maximum of 50 feet shall apply. No primary or accessory structures may encroach into the levee setback.

B. Exemptions From Setback Requirements. The minimum setback requirements of this Development Code apply to all uses except for the following:

1. Fences or walls constructed within the height limitations of the Development Code in compliance with Chapter 16.48 (Fences, Hedges, and Walls).

2. Retaining walls less than three (3) feet in height above finished grade in compliance with subsection (D)(2)(d) of this section (Retaining walls).

3. Elements that are placed directly upon the finish grade and do not exceed a height of 30 inches at any point above the surrounding finish grade shall be exempt as follows. Elements over 30 inches above the surrounding finish grade at any point, shall conform to the setback requirements identified in Table 3-13 (Required Setbacks—Accessory Uses and Structures).
a. In front and street side setback areas in residential zoning districts:
i. Driveways, walks, and steps. The driveway shall be limited to the area necessary to provide safe and efficient ingress and egress from the required off-street parking spaces located behind a setback area;
ii. Decks, patios, and terraces;
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ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout) 108
iii. One (1) flagpole that does not exceed 15 feet in height and is set at least five (5) feet from the property line;
iv. Lampposts adjacent to walkways, stairways, and driveways that do not exceed six (6) feet in height;
v. Landscape accent lighting that does not exceed 18 inches in height; and
vi. Public utility vaults, including footings, if completely underground.

Any mechanical or electrical equipment shall be subject to the setback requirements in this Development Code.
b. The following elements that are placed directly upon the finish grade and do not exceed a height of 30 inches above the surrounding finish grade shall be exempt in the side and rear setback areas:
i. All elements exempt under subsection (B)(3) of this section (Exemptions from setback requirements);
ii. Freestanding solar devices;
iii. Hot tubs, swimming pools, or spas in compliance with subsection (D)(2)(b) of this section (Hot tubs and swimming pools/spas), provided they are at least three (3) feet from any property line; and iv. Other site design elements.

4. Commercial structures adjacent to residential zoning districts over 35 feet in height shall be set back from the property line adjoining the residential zoning district an additional one (1) foot for each two (2) feet of building height over 35 feet.

5. If 50 percent or more of the parcels on one (1) side of a block between two (2) intersections have been developed, the required setback for the front or street side yard for any new development or structural alteration may be the average of the setback of the other structures on the block or the required setback. See Figure 3-

7. 6. If 50 percent or more of the frontage of the parcels of a block in a residential zoning district are developed with buildings having front yards which vary in depth by not more than six (6) feet, the front yard setback for any building or structure that is erected or structurally altered shall be no less than the average of the established front yards, provided the front yard setback shall not be more than 50 feet or less than the minimum front yard setback required in the zoning district in which the property is located.
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ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout) 109

7. Any parcel of land with a width of less than 50 feet, measured at a point midway between the front and rear lot lines, may reduce the width of each side yard (interior side yards only) to 10 percent of the width of the parcel provided the side yard setback is no less than three (3) feet.

8. For accessory uses and structures, see Section 16.80.020 and Table 3-13.

FIGURE 3-7 AVERAGING OF SETBACK REQUIREMENTS
C. Measurement of Setbacks. Setbacks shall be measured as follows. See Figure 3-6.

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 to the nearest point of the building envelope, except for corner parcels.

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 line of the structure envelope, establishing a setback line parallel with the side property line that 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 of the side property line adjoining the street to the nearest line of the structure envelope, establishing a setback line parallel with the street side property line that extends from the front property line to the rear property line.

4. Rear Yard Setbacks. The rear yard setback shall be measured at right angles from the nearest point on the rear property line of the parcel to the nearest line of the structure envelope, establishing a setback line parallel with the rear property line that extends between the side yards, except:
a. If an access easement or street right-of-way line extends into or through a rear yard, the measurement shall be taken from the nearest point of the access easement or right-of-way line; and
b. Where the side lot lines converge to a point at the rear of the parcel, a line 10 feet long within the parcel, parallel to and at a maximum distance from the front parcel line, shall be deemed to be the rear lot line for the purpose of determining the depth of the required rear yard. See Figure 3-8.

5. Projection into Setbacks. Any projections shall be measured from the wall of the structure.

FIGURE 3-8 REAR YARD SETBACKS ON IRREGULARLY-SHAPED LOTS 1141
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout) 110
D. Allowed Projections into Setbacks. Projections into the required setbacks are allowed only as follows.

1. Primary Structure Projections. Eaves, unenclosed patios, and other architectural features that do not increase the floor area of the structure, including but not limited to, decorative balconies, bay windows, belt courses, greenhouse windows, awnings, canopies, cornices, buttresses, ornamental features, and outside stairways may project into the setback area in conformance with the following:
a. Side Setback. Maintain at least two (2) foot area that is open and unobstructed from the ground upward between the side property lines and the projection.
b. Front, Rear and Street Side Setback. Project up to four (4) feet into the front, rear, and street side setback area.

2. Attached Side-Entry Garage. Attached garage structures that are nonhabitable space and provide a side-entry garage may be constructed with a minimum 15- foot front setback. See Figure 3-9.

FIGURE 3-9 SIDE-ENTRY GARAGE SETBACK

3. Chimney and Fireplace. A chimney/fireplace, flue up to two (2) feet, but no closer than eight (8) feet, to the rear property line.

4. Setback Requirements for Specific Structures.
a. Detached Residential Accessory Structures. Detached residential accessory structures may be located in the required front, side, or rear yard in compliance with Section 16.80.020 (Accessory uses and structures). b. Retaining Walls.
i. Up to Three (3) Feet. Retaining walls up to three (3) feet in height are exempt from setback requirements.
ii. Three (3) to Six (6) Feet. Retaining walls from three (3) feet up to six (6) feet in height may be located within a required non-street side or rear setback area in residential zones and any setback area in nonresidential zones provided the exposed side of the wall faces into the subject parcel.
iii. Other. Rear and non-street side setbacks for retaining walls greater than six (6) feet in height, or where the exposed side of the wall faces out from the subject parcel without regard to height, shall be 1142
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout) 111
subject to the same requirements as the main structure in the applicable zoning district.
c. Fences. Fences, hedges, and walls shall be in compliance with Chapter

16.48 (Fences, Hedges, and Walls).
d. Signs. Signs shall be in compliance with Chapter 16.76 (Sign Standards).

E. Projections into Public Rights-of-Way. A revocable permit shall be required to project into a public right-of-way.

F. Lots Abutting an Alley. If a lot abuts a public alley, no primary or accessory structure shall project or extend nearer than five (5) feet from the property line abutting the alley, except:

1. Garages/car ports whose entrance is from the alley shall be a minimum of 10 feet from the property line abutting the alley.

2. Existing residential structures and/or existing residential accessory structures in compliance with Section 16.228.060 (Loss of nonconforming status) and this Development Code may be repaired or rebuilt in the same location if damaged or destroyed.

G. Railroad.

1. Residential. Habitable residential buildings adjacent to a railroad track shall be located a minimum of 85 feet from the outer rail of the track.

2. Commercial and Industrial. Commercial and industrial buildings adjacent to a railroad track shall be located a minimum of 25 feet from the out rail of the track, except for loading docks utilizing tracks to move goods. (Ord. 2020-12-01-1502 C.S. § 6; Ord. 2016-05-24-1605 § V; Ord. 015-09 C.S., eff. 12-3-09; Ord. 023-07 C.S. §§ 21—24; prior code § 16-310.110)

16.36.120 Site coverage measurements and exceptions.

A. Calculation. Site coverage is the ratio of the total footprint area of all structures on a lot to the net lot area, expressed as a percentage. The footprints of all principal and accessory structures, including garages, carports, covered patios, and roofed porches, shall be summed to calculate site coverage.

B. Exceptions. The following structures and elements shall be excluded from the calculation of site coverage.

1. Unenclosed and unroofed decks, uncovered patio slab, porches, landings, balconies and stairways less than 30 inches in height;

2. Eaves and roof overhangs projecting up to two feet from a wall; 1143
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout) 112

3. Trellises and similar structures that have roofs that are at least 50 percent open to the sky through uniformly distributed openings; and

4. Swimming pools and hot tubs that are not enclosed in roofed structures or decks and that are less than 30 inches above grade.

FIGURE 3-7 CALCULATING SITE COVERAGE
A. Measurements. The calculation of the coverage of a site shall include all primary and accessory structures over 30 inches in height. The percentage of coverage allowed shall comply with Table 2-3 (Zoning District Development Standards).

B. Exceptions. Coverage requirements shall not apply to parcels within designated parking districts. These parcels may maintain their existing coverage. (Prior code § 16-310.120)

16.36.130 Solid waste/recyclable materials storage.

This section provides standards for the provision of solid waste (refuse) and recyclable material storage areas in compliance with State law (California Solid Waste Reuse and Recycling Access Act, Public Resources Code Sections 42900 through 42911) and Chapter 8.04 of the Municipal Code (Collection of Solid Waste, Recyclable Materials and Green Waste and Food Waste).

Projects that are not subject to a building permit and are only providing solid waste/recyclable 1144
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout) 113
materials storage areas (trash enclosures) shall not be subject to the following standards, but are subject to review by Public Works.

A. Residential Projects.

1. Single- familyunit, Duplexes, and Triplexes. Single- familyunit, duplexes, and triplexes shall be provided a refuse and recyclable materials storage area that is at least eight and one-half (8.5) feet wide by six and one-half (6.5) feet deep and not visible from the public right-of-way.

2. Multi familyunit Projects. Multi familyunit residential projects with four (4) or more dwelling units, shall provide refuse and recyclable material storage areas in the following manner:
a. Individual Unit Storage Requirements. A minimum of three (3) cubic feet shall be provided for the storage of refuse and a minimum of three (3) cubic feet shall be provided for the storage of recyclable material; and b. Common Storage Requirements. The following are minimum requirements for common refuse and recyclable material storage areas for multi familyunit developments, which may be located indoors or outdoors as long as they are readily accessible to all residents. These requirements apply to each individual structure. Areas are measured in square feet.

TABLE 3-1 2 MULTIFAMILYUNIT DEVELOPMENT MINIMUM COMMON TRASH STORAGE AREAS REQUIRED (SQ. FT.)
Number of Units Refuse Recycling Total Area
4-6 12 12 24
7-15 24 24 48
16-25 48 48 96
26-50 96 96 192
51-75 144 144 288
76-100 192 192 384
101-125 240 240 480
126-150 288 288 576
151-175 316 316 672
176-200 384 384 768
201+ Every additional 25 dwellings shall require an additional 100 sq. ft. for solid waste and 100 sq. ft. for recyclables.

B. Nonresidential Structures and Uses. Nonresidential structures and uses within all zoning districts shall provide refuse and recyclable material storage areas. The following are 1145
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minimum storage area requirements. These requirements apply to each individual structure. Areas are measured in square feet.

TABLE 3-32 NONRESIDENTIAL STRUCTURES MINIMUM STORAGE AREAS REQUIRED (SQ. FT) Structure Floor Area (sq. ft.) Refuse Recycling Total Area 0-5,000 12 12 24
5,001-10,000 24 24 48
10,001-25,000 48 48 96
25,001-50,000 96 96 192
50,001-75,000 144 144 288
75,001-100,000 192 192 384
100,001+ Every additional 25,000 sq. ft. shall require an additional 48 sq. ft. for solid waste and 48 sq. ft. for recyclables.

C. Location Requirements. Refuse and recyclable materials storage areas shall be located in the following manner:

1. Refuse and recyclable material storage shall be adjacent/combined with one another.
a. They may only be located:
i. Inside a specially-designated structure;
ii. On the outside of a structure in an approved fence/wall enclosure; or
iii. A designated interior court or yard area with appropriate access or in rear yards and interior side yards.
b. Exterior storage area(s) shall not be located in a required:
i. Front yard;
ii. Street side yard;
iii. Parking space; or
iv. Landscaped or open space area.

2. Storage area(s) shall be accessible to residents and employees at all times.

Storage areas within multi familyunit residential developments shall be located within 250 feet of an access doorway to the dwellings, which they are intended to serve;
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3. Driveways or aisles shall provide unobstructed access for collection vehicles and personnel and provide at least the minimum clearance required by the collection methods and vehicles utilized by the designated collector;

4. Storage bins shall be screened in compliance with Section 16.36.100 (Screening and buffering); and

5. Storage areas shall not be closer than 20 feet from doors or operable windows of adjacent structures.

D. Design and Construction. The design and construction of the storage area(s) shall:

1. Be compatible with the surrounding structures and land uses;

2. Be properly secured to prevent access by unauthorized persons, while allowing authorized persons access for disposal of materials;

3. Provide a concrete pad within the fenced or walled area(s) and a concrete apron, which facilitates the handling of the individual bins or containers;

4. Be handicapped accessible in compliance with the Americans with Disabilities Act (ADA);

5. Protect the areas and the individual bins or containers provided within from adverse environmental conditions that might render the collected materials unmarketable; and

6. Be appropriately located and screened from view on at least three (3) sides.

Screening shall consist of solid masonry walls, metal gates, and landscaping.

Overhead trellises may be required to screen views from above. The design shall be architecturally compatible with the surrounding structures and subject to the approval of the Director. (Ord. 001-08 C.S. §§ 3, 4; Ord. 023-07 C.S. §§ 25, 26; prior code § 16-310.130)

16.36.135 Swimming Pools and Spas
Swimming pools, including spas and any body of water having a depth or more than 18 inches, that are not completely enclosed within a building shall comply with the following standards in addition to all other applicable requirements of this Code.

A. Required Setbacks. All setbacks are measured from the back of bond beam of the pool.

1. Front Yards. Swimming pools, spas, and pool equipment shall not be located within a required front yard.

2. Side and Rear Yards. Swimming pools, spas, and pool equipment may be located within the required side or rear yard provided they meet the following standards. 1147
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a. In Ground Swimming Pools and Spas. In ground pools and spas shall be located a minimum of three feet from any property line. b. Above Ground Swimming Pools and Spas.
i. Less than 30 Inches. Pools and spas placed directly upon finished grade and less than 30 inches in height above finished grade are exempt from rear and side setback requirements.
ii. 30 Inches and Over. Pools and spas placed directly upon finished grade and 30 inches or more in height above the surrounding finished grade at any point shall be located a minimum of three feet from any property line.
c. Equipment. Pool and spa equipment, including pumps, shall be located a minimum of three feet from any property line unless the equipment is:
i. Muffled by a sound barrier; or
ii. Less than six feet in height and located adjacent to a solid fence or wall at the rear property line.

B. Required Fencing. Swimming pools and spas shall be fenced with a self-closing, selflatching gate on the pool side and be in compliance with the latest edition of the Building Code.

16.36.140 Traffic sight area.

A. The triangular traffic sight area created by the minimum dimensions in Table 3-4 (Traffic Sight Area Dimensions), measured along the edge of each right-of-way, alley, or driveway, shall be kept free of visual obstructions from the height of 30 inches to eight feet above the nearest street curb elevation.View Obstructions. The traffic sight area shall be maintained free from obstructions that could block the sight distance of motorists entering or leaving an intersection.

1. Requirements. The following shall not be erected, placed, planted, or allowed to grow over 30 inches in height above the nearest street curb elevation within a traffic sight area:
a. Fences and walls;
b. Signs, except traffic signs and directional signs in compliance with Section

16.76.100(B) (Directional signs);
c. Structures;
d. Hedges and shrubbery;
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e. Mounds of earth; or
f. Other visual obstructions.

2.1. Exceptions. The requirements for traffic sight areas shall not apply to:
a. CD Zoning District, the Miracle Mile, and other areas determined by the Director and the City Engineer;
a.b. Public utility poles;
b.c. Trees trimmed (to the trunk) to a line at least six (6) feet above the level of the intersection;
c.d. Saplings or plant species of open growth habits and not planted in the form of a hedge, which are so planted and trimmed as to leave a clear and unobstructed cross view year around;
d.e. Supporting members of appurtenances to permanent structures existing on the effective date of the ordinance codified in this Development Code; and e.f. Official warning signs or signals.

B. Dimensions and Location. Except within the CD zoning district, the Miracle Mile, and other areas determined by the Director and the City Engineer, traffic sight areas shall be provided in the following locations with the minimum dimensions specified.

TABLE 3-3 4 TRAFFIC SIGHT AREA DIMENSIONS
Location Minimum Dimension
Street intersection without stop sign or traffic signal 30 ft Street intersection with stop sign or traffic signal 20 ft Commercial driveway or alley 15 ft
Residential driveway 10 ft
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FIGURE 3-10 8 TRAFFIC SIGHT AREA
C. Exemptions. Exemptions from the identified standards for traffic sight areas may be granted when reviewed and approved, based on totality of circumstances, by both the Director and the City Engineer. (Prior code § 16-310.140)

16.36.150 Utility equipment.

A. The affected property owner(s) and utility companies shall agree on the placement and type of landscaping and/or screening to be used as approved by the Director.

B. Installation of landscaping and/or screening shall be the responsibility of:
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1. The developer/builder for new development; or

2. The utility company in conjunction with the property owner for existing development.

C. The property owner shall be responsible for the maintenance of the landscaping and/or screening. If the landscaping and/or screening is located in a landscape maintenance district, the landscape maintenance district shall be responsible for the maintenance of the landscaping and/or screening.

16.36.160 Wind power equipment.

Wind power equipment shall have a mesh screen, except as approved by the Director, located in front and in back of the equipment to maximize avian safety.

16.36.170 Residential Open Space
Residential open space required by this Code shall be provided in accordance with the following.

A. Configuration.

1. Private residential open space typically consists of balconies, decks, patios, fenced yards, and other similar areas outside the residential unit.

2. Common residential open space typically consists of landscaped areas, patios, swimming pools, barbeque areas, playgrounds, turf, or other such improvements as are appropriate to enhance the outdoor environment of the development; these can be located at the ground level, on parking podiums, or on rooftops, provided they are adequately landscaped.

B. Minimum Dimensions.

1. Private Residential Open Space. Private residential open space located on the ground level (e.g., yards, decks, patios) shall be a minimum of 100 square feet and have no dimension less than eight feet. Private residential open space located above ground level (e.g., balconies) shall be a minimum of 60 square feet and have no dimension less than six feet.

2. Common Residential Open Space. Minimum length and width dimension of 15 feet.

C. Surfacing. A surface shall be provided that allows convenient use for outdoor living and/or recreation. Such surface may be any practicable combination of lawn, garden, flagstone, wood planking, concrete, or other serviceable, dust-free surfacing.

D. Maximum Slope. Slope shall not exceed ten percent.
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E. Maximum Coverage. No more than 50 percent of common residential open space area may be covered.

F. Accessibility.

1. Private Residential Open Space. Private residential open space shall be accessible to only one residential unit through a doorway to a habitable room or hallway.

2. Common Residential Open Space. Common residential open space shall be accessible to all residential units on the site.

D.G. Screening, Ground Level Private Open Space. Required private residential open space located at the ground level shall be screened by a solid fence, wall, or dense hedge a minimum six feet in height except within required front and street side setback areas where the screening fence, wall, or dense hedge shall be between 36 and 42 inches in height. 1152
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Chapter 16.38 Building Design Standards

16.38.010 Purpose
The purpose of this Chapter is to establish standards for building placement, form, and design.

These requirements constitute “objective standards” under current state housing law where applicable, including but not limited to Government Code sections 65913.4, 655589.5 and 756852.21, to provide clear development standards that allow for streamlined review processes.

Further, the purposes of this Chapter are to implement the Stockton General Plan, including:

A. Improve the visual quality of the urban environment.

B. Provide flexibility for residential development to be feasible.

C. Ensure that exterior remodels and the siting, scale, and design of new development are compatible with surrounding and adjacent buildings, public spaces, and cultural and historic resources.

Standards are provided for four types of buildings: (1) detached single-unit dwellings; (2) multiunit dwellings (including, but not limited to, duplexes, triplexes, fourplexes, townhouses, and apartment buildings); and (3) mixed use buildings. Each of these building types is the subject of one Section of the Chapter.

16.38.020 Applicability
The standards of this Chapter apply in addition to all other provisions, including other design standards, of this Code.

16.38.030 Detached Single Unit Dwellings
A. Applicability. All dwelling units that are detached from any other unit except an Accessory Dwelling Unit, shall meet the design standards of this Section. Accessory Dwelling Units are subject to the standards of Section 16.80.310 (Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs)).

B. Building Entrances. All dwelling units shall provide at least one principal entrance that meets the following requirements.

1. All units located along a street or pedestrian walkway shall have a principal entrance facing and visible to the street or pedestrian walkway, except as follows:
a. Where lots have frontage on two or more streets, units shall have a principal entry on at least one street.
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b. Where lots front only onto an arterial or collector street, the principal entrance may be oriented toward an interior drive or walkway rather than the street.

2. The principal entrance shall be emphasized using at least one of the following methods:
a. A projection such as a canopy or overhang with a minimum depth of three feet and a minimum horizontal area of 30 square feet.
b. A recess a with a minimum depth of three feet and a minimum width of six feet.
c. A landing, deck, or stoop with a minimum four-foot by four-foot area.

FIGURE 3-9A DETACHED SINGLE UNIT, PRINCIPAL ENTRANCE DESIGN

3. Waivers. Should the applicant elect not to meet the above objective building entrance standards, the applicant may request a Waiver pursuant to Chapter

16.176 (Waivers). A Waiver of the building entrance requirements may be approved upon finding that the project includes alternative designs that create a welcoming feeling toward the street, such as incorporating features such as a trellis, landscaped courtyard entry, enhanced walkway, columns or other architectural features.

C. Window and Garage Door Trim. Trim shall be provided around all windows and garage doors. Should the applicant elect not to meet the objective window and garage trim requirement, the applicant may request a Waiver pursuant to Chapter 16.176 (Waivers).

A Waiver of the window and garage trim requirement may be approved upon finding that providing window or garage trim would be inconsistent with the architectural style of the structure and alternative methods have been incorporated to create shadow and depth along the facade.
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FIGURE 3-9B DETACHED SINGLE UNIT, WINDOW AND GARAGE DOOR TRIM D. Façade Articulation. No façade shall run in a continuous plane of more than 15 feet without incorporating one or more of the following:

1. A vertical wall shift at least one foot in depth.

2. A change in material.

3. A window or building entrance.

4. A projection such as a stoop, bay, or overhang.

5. Waivers. Should the applicant elect not to meet the objective façade articulation standards, the applicant may request a Waiver pursuant to Chapter 16.176 (Waivers). A Waiver of the façade articulation requirements may be approved upon finding that adequate design features have been incorporated to create visual variety and avoid a bulky or monolithic appearance.
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FIGURE 3-9C DETACHED SINGLE UNIT, FAÇADE ARTICULATION

16.38.040 Multi-Unit Dwellings
A. Applicability. Development with two or more dwelling units in a single building (including, but not limited to, duplexes, triplexes, fourplexes, townhouses, and apartment buildings) shall meet the design standards of this Section.

B. Building Orientation. Buildings located along a street or pedestrian walkway shall be oriented toward the adjacent street or pedestrian walkway with the building frontage parallel to the fronting street or pedestrian walkway, except as follows:

1. Where lots have frontage on two or more streets, buildings shall be oriented to at least one street.

2. Where lots front only onto an arterial or collector street, buildings may be oriented toward an interior drive or walkway.

3. Waivers. Should the applicant elect not to meet the above objective building orientation standards, the applicant may request a Waiver pursuant to Chapter

16.176 (Waivers). A Waiver of the building orientation requirements may be approved upon finding that orienting the buildings to the street or pedestrian walkway is incompatible design, context, and/or use and street-facing building 1156
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walls exhibit architectural relief and detail, and are enhanced with landscaping to create visual interest at the pedestrian level.

C. Entrances. Entrances to dwelling units shall be designed as individual or shared entrances at the ground floor of the building.

1. Shared Entrances. All buildings with any exterior entrance that provides access to more than one unit shall provide a minimum of one principal shared entranceway per building in accordance with the following standards. a. Buildings located along a street shall provide a principal entrance facing and visible to the street, and connected directly to a public sidewalk via a private pedestrian walkway, except as follows:
i. Where lots have frontage on two or more streets, buildings must have a principal entry on at least one street.
ii. Where lots front only onto an arterial or collector street, the principal entrance may be oriented toward the interior of the lot. b. Principal entrances located in the interior of a site shall be accessed from a pedestrian walkway that is a minimum of four feet wide and connects to a public walkway.
c. The principal entrance shall lead to a common area a minimum of 10-feet in each dimension.
d. The principal entrance shall be emphasized utilizing at least one of the following methods:
i. A roofed projection over the door (such as an awning, canopy, or overhang) with a minimum depth of five feet and a minimum horizontal area of 30 square feet.
ii. A recessed entry bay with a minimum width of 15 feet and a minimum depth of five feet.
iii. A landing, deck, or stoop with a minimum six foot by six-foot area. 1157
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FIGURE 3-10A MULTI-UNIT DWELLINGS, SHARED ENTRANCE DESIGN

2. Individual Entrances. All units accessed through ground level individual entrances from the exterior shall provide a minimum of one principal individual entrance per unit that creates both a presence on the street and establishes a clear separation between the public and private realms in accordance with the following standards.
a. All individually accessed units located along a street or pedestrian walkway shall have a principal entrance oriented to and facing a street or pedestrian walkway, except as follows:
i. Where lots have frontage on two or more streets, units must have a principal entrance on at least one street.
ii. Where lots front only onto an arterial or collector street, the principal entrance may be oriented toward the interior of the lot. 1158
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b. All principal entrances located in the interior of a site shall be accessed from a pedestrian walkway that is a minimum of four feet wide and connects to a public sidewalk.
c. The principal entrance shall be emphasized using at least one of the following methods:
i. A projection such as a canopy or overhang with a minimum depth of three feet.
ii. A recess a with a minimum depth of three feet and a minimum width of three feet.
iii. A landing, deck, or stoop with a minimum four-foot by four-foot area. d. Any individual entrance located within ten feet of a front or street-side property line shall be raised a minimum of 18 inches above grade.

FIGURE 3-10B MULTI-UNIT DWELLINGS, INDIVIDUAL ENTRANCE DESIGN

3. Waivers. Should the applicant elect not to meet the above objective entrance standards, the applicant may request a Waiver pursuant to Chapter 16.176 (Waivers). A Waiver of the entrance requirements may be approved upon finding that, the project includes features that create a welcoming feeling toward the street, such as a trellis, landscaped courtyard entry, enhanced walkway, columns or other architectural features.

D. Building Design. Buildings shall include the following design features to create visual variety and avoid a large-scale and bulky appearance.
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FIGURE 3-10C MULTI-UNIT DWELLINGS, MASSING INCREMENT

2. Roof Line. Roof lines shall be varied and designed to minimize the bulk of a building, screen roof-mounted equipment, and enhance the building’s architectural design through the following methods:
a. A minimum of one roof line offset of at least 18 inches in height and 15 feet in length shall be provided for every 150 feet of façade length. b. Where parapets are provided, the minimum 18-inch offset in height required above may be substituted by an offset of at least 18 inches in depth. All parapets shall provide returns of at least six feet in depth at the end of the parapet face to avoid a false front appearance. 1160
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FIGURE 3-10D MULTI-UNIT DWELLINGS, ROOF LINE

3. Vertical Articulation. In buildings of two or more stories, upper and lower stories shall be distinguished by incorporating one or more of the following features. These features may be applied to the transitions between any floors, except where otherwise specified.
a. A change in façade materials, along with a change in plane at least four inches in depth at the transition between the two materials. b. A horizontal design feature such as an awning, overhang, cornice line, water table, or belt course.
c. A base treatment a minimum of four feet at the ground floor consisting of a material such as stone, concrete masonry, or other material distinct from the remainder of the façade and projecting at least two inches from the wall surface of the remainder of the building.
d. Setting back the top floor or floors of the building at least five feet from the remainder of the façade.
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FIGURE 3-10E MULTI-UNIT DWELLINGS, VERTICAL ARTICULATION

4. Townhomes and Rowhouses. In addition to the other building design requirements of this Section, attached side-by-side dwelling units shall meet the following requirements.
a. Unit Articulation. Individual units shall be emphasized through two or more of the following methods. The methods chosen to meet this requirement may count toward other design requirements provided the necessary criteria are met.
i. Variations of two feet or more between the horizontal planes of the primary entrance façade of adjacent units.
ii. A change in roof orientation between adjacent units (e.g., a gable roof adjacent to a hipped roof).
iii. A roofline offset of at least 18 inches for each unit exposed on the associated elevation.
iv. Change of colors or materials.
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FIGURE 3-10F TOWNHOMES AND ROWHOUSES, UNIT ARTICULATION

5. Waivers. Should the applicant elect not to meet the objective building design standards, the applicant may request a Waiver pursuant to Chapter 16.176 (Waivers). A Waiver of the building design requirements may be approved upon finding that adequate design features have been incorporated to create visual variety and avoid a large-scale and bulky appearance.

E. Window and Garage Door Trim or Recess. Windows and garage doors shall have trim at least three inches wide and one-half inch in depth, or be recessed at least two inches from the plane of the surrounding exterior wall. Should the applicant elect not to meet the objective window and garage trim or recess requirement, the applicant may request a Waiver pursuant to Chapter 16.176 (Waivers). A Waiver of the window and garage trim or recess requirement may be approved upon finding that providing the required window or garage trim or recess would be inconsistent with the architectural style of the structure and alternative methods have been incorporated to create shadow and depth along the facade.
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FIGURE 3-10G MULTIPLE UNIT DWELLINGS, WINDOW AND GARAGE DOOR TRIM

OR RECESS
F. Street Frontage Transparency. Exterior walls facing a street shall include windows or doors, inclusive of inset frames, for at least 25 percent of the ground floor building wall.

No wall shall run in a continuous plane of more than 30 feet without a window, door, or other opening.

1. Waivers. Should the applicant elect not to meet the above objective residential street frontage transparency standard, the applicant may request a Waiver pursuant to Chapter 16.176 (Waivers). A Waiver of the residential street frontage transparency requirement may be approved upon finding that:
a. The proposed project or its location has certain characteristics with which providing the required windows and openings is incompatible; and b. Street-facing building walls exhibit architectural relief and detail, and are enhanced with landscaping to create visual interest at the pedestrian level. 1164
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G. Underground and Tuck Under Parking. The maximum above ground height of an underground or tuck under parking area within 20 feet of the primary street facing property line shall be three feet from finished grade.

FIGURE 3-10H UNDERGROUND AND TUCK UNDER PARKING, MAXIMUM ABOVE

GROUND HEIGHT

16.38.050 Mixed-Use Buildings
A. Applicability. Buildings containing residential and nonresidential uses as primary uses in a single building, including live-work units, shall meet the design standards of this Section.

1. Where lots have frontage on two or more streets, buildings shall be oriented to at least one street.

2. Where lots front only onto an arterial street, buildings may be oriented toward an interior drive or walkway.

3. Waivers. Should the applicant elect not to meet the above objective building orientation standards, the applicant may request a Waiver pursuant to Chapter

16.176 (Waivers). A Waiver of the building orientation requirements may be approved upon finding that the design, context, and/or use of the project make orienting the buildings to the street or pedestrian walkway incompatible and the project includes designs that create a welcoming feeling toward the street, such as incorporating features such as a trellis, landscaped courtyard entry, enhanced walkway, columns or other architectural features.

C. Entrances.
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1. Ground Floor Residential Uses. Ground floor residential units shall meet the entrance requirements of Section 16.38.040.C (Entrances), above.

2. Ground Floor Nonresidential Uses. There shall be a minimum of one principal entrance for every 50 feet of building frontage with a maximum separation of 100 feet between entrances. Principal entrances shall be designed in accordance with the following standards.
a. In buildings located within 30 feet of a street-facing property line, the principal building entrance shall face the street. Alternatively, the principal building entrance may face perpendicular to the street, provided it is within ten feet of the street-facing property line.

FIGURE 3-11A GROUND FLOOR NONRESIDENTIAL USES, ENTRANCE DESIGN b. Buildings located at corners shall provide a principal entrance toward each street or have a corner entrance that provides a common entrance to the building from both streets.
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FIGURE 3-11B GROUND FLOOR NONRESIDENTIAL USES, CORNER BUILDINGS

ENTRANCE DESIGN

3. Waivers. Should the applicant elect not to meet the above objective entrance standards, the applicant may request a Waiver pursuant to Chapter 16.176 (Waivers). A Waiver of the entrance requirements may be approved upon finding that the design, context, and/or use of the project make the entrance requirements incompatible and that street-facing building walls incorporate architectural features, exhibit relief and detail, and are enhanced with landscaping to create visual interest at the pedestrian level.

D. Building Design. Buildings shall include the following design features to create visual variety and avoid a large-scale and bulky appearance.

1. Massing Increment. For building facades 150 feet or longer, a change in façade plane with a recess a minimum of 15 feet wide and ten feet deep shall be provided for every 150 feet of building frontage.
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FIGURE 3-11C MIXED USE BUILDINGS, MASSING INCREMENT

2. Roof Line. Roof lines shall be varied and designed to minimize the bulk of a building, screen roof-mounted equipment, and enhance the building’s architectural design through the following methods:
a. A minimum of one roof line offset of at least 18 inches in height and 15 feet in length shall be provided for every 150 feet of façade length. b. Where parapets are provided, the minimum 18-inch offset in height required above may be substituted by an offset of at least 18 inches in depth. All parapets shall provide returns of at least six feet in depth at the end of the parapet face to avoid a false front appearance. 1168
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FIGURE 3-11D MIXED USE BUILDINGS, ROOF LINE

3. Vertical Articulation. In buildings of two or more stories, upper and lower stories shall be distinguished by incorporating one or more of the following features. These features may be applied to the transitions between any floors, except where otherwise specified.
a. A change in façade materials, along with a change in plane at least one inch in depth at the transition between the two materials. b. A horizontal design feature such as an awning, overhang, cornice line, water table, or belt course.
c. A base treatment a minimum of four feet at the ground floor consisting of a material such as stone, concrete masonry, or other material distinct from the remainder of the façade and projecting at least two inches from the wall surface of the remainder of the building.
d. Setting back the top floor or floors of the building at least five feet from the remainder of the façade.
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FIGURE 3-11E MIXED USE BUILDINGS, VERTICAL ARTICULATION

4. Waivers. Should the applicant elect not to meet the objective building design standards, the applicant may request a Waiver pursuant to Chapter 16.176 (Waivers). A Waiver of the building design requirements may be approved upon finding that adequate design features have been incorporated to create visual variety and avoid a large-scale and bulky appearance.

E. Windows and Openings.

1. Nonresidential Uses: Building Transparency/Required Openings. Exterior walls facing a street or pedestrian walkway shall include windows, doors, or other openings for at least 50 percent of the building wall area located between two and a half and seven feet above the level of the sidewalk.
a. Design of Required Openings. Openings fulfilling this requirement shall have transparent glazing and provide views into work areas, display areas, sales areas, lobbies, or similar active spaces, or into window displays that are at least three feet deep.
b. Waivers. Should the applicant elect not to meet the above objective building transparency/required openings standards, the applicant may request a Waiver pursuant to Chapter 16.176 (Waivers). A Waiver of the building transparency/required openings requirements may be approved upon finding that:
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i. The proposed use has certain operational characteristics with which providing the required windows and openings is
incompatible; and
ii. Street-facing building walls exhibit architectural relief and detail, and are enhanced with landscaping to create visual interest at the pedestrian level.

FIGURE 3-11F MIXED USE BUILDINGS, NONRESIDENTIAL USES: BUILDING

TRANSPARENCY/REQUIRED OPENINGS

2. Residential Uses: Window Trim or Recess. Windows for residential uses shall have trim at least three inches wide and one-half inch in depth, or be recessed at least two inches from the plane of the surrounding exterior wall. Should the applicant elect not to meet the objective window trim or recess requirement, the applicant may request a Waiver pursuant to Chapter 16.176 (Waivers). A Waiver of the window trim or recess requirement may be approved upon finding that providing the required window trim or recess would be inconsistent with the architectural style of the structure and alternative methods have been incorporated to create shadow and depth along the facade.
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FIGURE 3-11G MIXED USE BUILDINGS, RESIDENTIAL USES: WINDOW TRIM OR RECESS
F. Underground and Tuck Under Parking. The maximum above ground height of an underground or tuck under parking area within 20 feet of the primary street facing property line shall be three feet from finished grade.

FIGURE 3-11H UNDERGROUND AND TUCK UNDER PARKING, MAXIMUM ABOVE

GROUND HEIGHT
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Chapter 16.40 Affordable Housing Incentives/Density Bonus Provisions*
* Prior history: prior code §§ 16-315.010—16-315.090; Ords. 2020-06-09-1501 C.S., 015- 09 C.S., 023-07 C.S., and 012-07 C.S.

16.40.010 Purpose.

This chapter establishes procedures and requirements for the implementation of State Density Bonus Law (Government Code Section 65915, et seq.) and to accomplish the following:

A. Clear, streamlined procedures that enable the expedited administration of this chapter.

B. Promote affordable housing production through incentives exceeding State mandates when certain community benefits are provided.

C. Establish standards that implement the goals, objectives, and policies of the Stockton General Plan, including its Housing Element, to address housing needs in the community. (Ord. 2020-12-01-1502 C.S. § 7)

16.40.020 Applicability.

This chapter applies to housing developments conforming to the definition herein. In the event of a conflict between this chapter and State Density Bonus Law, the provisions of State Density Bonus Law shall prevail. (Ord. 2020-12-01-1502 C.S. § 8)

16.40.030 Definitions.

The following terms are specialized for use only in this chapter.

A. Affordable Rent. Monthly rent charged to extremely low-, very low-, low-, and moderateincome households for housing units as calculated in accordance with Section 50053.b of the California Health and Safety Code.

B. Base Project. The maximum number of units allowed for the site by Section 16.24.200, Table 2-3.Bzoning district allowances and prior to the inclusion of any units above that amount requested as a density bonus.

C. Bedroom. A bedroom is defined as any room that meets the criteria for a bedroom or sleeping room in the California Building Standards Code.

D. Concession or Incentive. A modification in development standards, zoning code requirements, architectural design requirements, parking requirements, or other concessions or incentives identified in Government Code Section 65915(k) or any 1173
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successor provision that results in identifiable and actual cost reductions, in order to provide for affordable housing.

E. Density Bonus. As defined by State law (Government Code Section 65915, et seq.), an increase over the maximum density otherwise allowed by the applicable zoning district, that is granted to the applicant of a housing development who agrees to construct a prescribed percentage of dwelling units that are affordable to moderate and/or lower income households. When determining the number of dwelling units that shall be affordable, the units authorized by the density bonus shall not be included in the calculation.

F. Development Standard. Site or construction conditions that apply to a housing development in compliance with any ordinance, General Plan element, specific plan, Charter amendment, or other local condition, law, policy, resolution, or regulation.

G. Eligibility Points. The number of points calculated pursuant to Section 16.40.050 (Concessions or Incentives, Waivers or Reductions, and Eligibility Points) must be earned by an applicant for a housing development to establish eligibility for a supplemental density bonus. Eligibility points are earned through the provision of affordable housing units, or through the provision of affordable housing together with approved community benefits as provided in Section 16.40.050.

H. Equivalent Size. As required by State law (Government Code Section 65915, et seq.), equivalent size for the purposes of enforcing affordable housing replacement unit provisions shall mean that replacement units must contain at least the same total number of bedrooms as the units being replaced.

I. Family-Size Units. A dwelling unit with three (3) or more bedrooms.

J. Housing Development. A development project of five (5) or more residential units, including mixed-use developments, as defined by California Government Code Section 65917.2. For the purposes of this chapter, “housing development” also includes projects defined in California Government Code Section 65915(i), including a subdivision or common interest development, as defined in Section 4100 of the California Civil Code, approved by the City and consisting of residential 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 multi familyunit dwelling, as defined in subdivision (d) of California Government Code Section 65863.4, where the result of the rehabilitation would be a net increase in available residential units.

K. Maximum Allowable Residential Density. The maximum number of dwelling units per acre as provided at Section 16.24.200, Table 2-3.Bpursuant to zoning district allowances.

L. State Density Bonus Law. Sections 65915 through 65918 of the California Government Code. The City will allow a housing development a 35 percent maximum density bonus 1174
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and concessions or incentives meeting all the applicable eligibility requirements as set forth in California Government Code Section 65915, et seq.

M. Waiver or Reduction. An allowed modification of development standards that would otherwise physically preclude the construction of a development meeting the criteria of this chapter at the density permitted under State Density Bonus Law or with the concessions and incentives granted under this section and State Density Bonus Law. (Ord. 2020-12-01-1502 C.S. § 9)

16.40.040 Types of density bonuses.

Based on the size of the increase requested, the City defines three (3) categories of density bonus applications. Affordable housing provided to establish eligibility for a Supplemental density bonus shall be calculated on the “base project,” not including State Density Bonus units granted pursuant to this chapter and California Government Code Section 65915. The types of density bonuses include:

A. State Density Bonus (0% to 3550%). The City will allow an eligible housing development a 35 50 percent density bonus maximum and concessions or incentives as set forth in this chapter and State law.

B. Tier-1 Supplemental Density Bonus (3650% to 5075%). The City will allow an eligible housing development up to a 50 75 percent maximum density bonus. A request for a Tier1 density increase shall receive the same concessions or incentives granted in the State Density Bonus; however, must achieve the minimum Tier-1 eligibility point score of 30 points as defined by Section 16.40.050.

C. Tier-2 Supplemental Density Bonus (5176% to 100%). The City will allow an eligible housing development up to a 100 percent maximum density bonus. A request for a Tier2 density increase shall receive the same concessions or incentives granted in the State Density Bonus; however, must achieve the minimum Tier-2 eligibility point score of 50 points as defined by Section 16.40.050. (Ord. 2020-12-01-1502 C.S. § 10)

16.40.050 Concessions or incentives, waivers or reductions, and eligibility points.

A. Applicable Concessions or Incentives. Eligible The City shall grant qualifying housing developments and qualifying land transfers a density bonus, the amount of which shall be as specified in California Government Code Section 65915 et seq., and incentives or concessions also as described in California Government Code Section 65915 et seq.

Density bonus projects that do not qualify for incentives or concessions under State law shall receive a total of three (3) of the following concessions or incentives, waivers or reductions:
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1. Setback Reduction. A setback reduction of up to 25 percent, but not to be less than 20 percent below the average of developed lots on the same block face.

2. Automatic Reductions for Off-Street Parking Requirements. a. Up to 25 percent reduction for all density bonus types (Section 16.40.040). b. Up to 50 percent reduction for housing developments that demonstrate at least 25 percent of total units affordable to very-low/low income households.
c. Up to 75 percent reduction for housing developments that demonstrate at least 50 percent of total units affordable to very-low/low income households.
d. Up to 100 percent reduction for housing developments that demonstrate at least 75 percent of total units affordable to very-low/low income households.

3. Waivers for Lot Coverage and Floor Area Ratio (FAR). a. Up to five (5) percent increase for all density bonus types (Section

16.40.040).
b. Up to 10 percent increase for housing developments that demonstrate at least 25 percent of total units affordable to very-low/low income households.
c. Up to 15 percent increase for housing developments that demonstrate at least 50 percent of total units affordable to lower income households. d. Up to 20 percent increase for housing developments that demonstrate at least 75 percent of total units affordable to very-low/low income households.

4. Site/Lot Coverage. Increase in allowable lot coverage by up to 25 percent of lot area.

5. Building Height. Increase of the larger of up to 12 feet or 10 percent beyond current maximum permitted. Additional height increases may be approved by the Director if the proposed height is shown not to have a negative impact on surrounding land uses.

B. Waiver of Standards Preventing the Use of Bonuses and/or Incentives.

1. As required by Government Code Section 65915(e), the City will not apply a development standard that will have the effect of physically precluding the construction of a housing development meeting the criteria of Government Code 1176
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Section 65915(b) at the densities or with the concessions or incentives allowed by Government Code Section 65915.

2. An applicant may submit to the City a proposal for the waiver or modification of development and zoning standards that would otherwise inhibit the utilization of a density bonus on a specific site, including minimum parcel size, side setbacks, and placement of public works improvements.

3. The applicant shall show that the waiver or modification is necessary to make the housing units economically feasible.

C. Eligibility Points. Required for a Tier-1 or Tier-2 supplemental density bonus request, as defined by Section 16.40.040. An applicant can propose any combination of the following incentives to achieve the minimum eligibility points needed for the proposed density bonus type. As indicated in Section 16.40.040, Tier-1 requests require a minimum 30 eligible points while Tier-2 requests require a minimum of 50 eligible points.

1. Affordable Housing. One (1) additional point for each additional percent of very low-/low-income units included in the housing development.

2. Sustainable Design.
a. LEAD LEED Certification.
i. Certified: 15 pts.
ii. Silver: 20 pts.
iii. Gold: 25 pts.
iv. Platinum: 30 pts.
b. CALGreen Tier I Green Building Standards (Title 24 of the California Code of Regulations) or Equivalent. All requests require third-party certification.

Maximum incentive points: 20 pts.
c. Alternative Energy. 10 percent of total building energy load provided by solar panels or other on-site renewable sources, including co-generation:
15 pts.

3. Adaptive Reuse. For housing developments improving or rehabilitating properties or building registered as Federal, State, and/or historic landmarks: 20 pts.

4. Priority Areas.
a. Housing developments within the Downtown Core: 15 pts. b. Housing developments within a disadvantaged community: 25 pts. 1177
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c. Housing developments within a qualified opportunity zone as certified by the Secretary of the U.S. Treasury via his or her delegation of authority to the Internal Revenue Service: 25 pts. (Ord. 2020-12-01-1502 C.S. § 11)

16.40.060 Applications and processing.

A. Applicability. Developers are entitled to accept a lesser percentage of density bonus, including, but not limited to, no increase in density than they are otherwise eligible to receive pursuant to this chapter and California Government Code Section 65915. The amount of density increase, if any, that is accepted by the applicant shall not reduce or otherwise impact eligibility for requested concessions and incentives, waivers or reductions associated with an eligible project.

B. Application Review. Density bonus applications are ministerial and shall be subject to State law requirements and the standards of this Development Code.

C. Concurrent Processing. A request for a density bonus will be reviewed by Department staff, and current with other requested entitlements, if applicable. Once deemed complete, the density bonus application shall be processed ministerially and determinations made concurrent with the planning entitlement(s) for the housing development. This does not include discretionary actions (i.e., development agreements, variance, use permits) subject to the approval of the Planning Commission or City Council.

D. Priority Processing. A housing development including at least 20 percent of total units affordable to lower income households, with the affordability maintained through an agreement with a governmental agency, shall be entitled to priority processing. Priority processing shall mean a timeline for review of the housing development and all associated applications as mutually agreed to by the City and the developer.

E. Application Submittal Requirements. A request in accordance with this chapter shall include the following information:

1. Completed universal planning application form indicating a density bonus is requested. This includes all site plan and architectural review items needed to demonstrate compliance with the City’s Development Code and Citywide design standards.

2. A title report not less than 60 days old.

3. A project description indicating:
a. The location, acreage, zoning and General Plan land use designations, permitted residential density, number of units requested, and the types of density bonus requested pursuant to Section 16.40.040.
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b. Include a table indicating the following:
i. Number of market rate units;
ii. Number of affordable housing units and their targeted income level; iii. Means to ensures affordability (i.e., deed restriction, income verified);
iv. Other provisions (e.g., land donation), which will demonstrate eligibility for a State Density Bonus under this chapter. c. A section identifying the type of concessions or incentives, or waivers or reductions, that will result in identifiable and actual cost reductions to provide for affordable housing costs. The information should be sufficiently detailed and include a cost evaluation (“pro-forma”) showing before and after costs to enable Department staff to examine the conclusions reached by the applicant. This requirement at the time of application does not prevent the developer from substituting a different concession or incentive, or waiver or reduction, from what is initially proposed at a later phase in the application.
d. A density bonus agreement in accordance with Section 16.40.070.

F. Review Authority. The Director is the review authority for density bonus applications. The decision of the Director is subject to appeal in compliance with Chapter 16.100 (Appeals). (Ord. 2020-12-01-1502 C.S. § 12)

16.40.070 Density bonus housing agreement.

A. A density bonus housing agreement must be executed prior to recording any final map for the underlying property or prior to occupancy for the housing development, whichever comes first.

B. The density bonus housing agreement shall:

1. Identify the type, size and location of each affordable housing unit required hereunder;

2. Identify the term of the agreement, which would define the term of affordability of the required units;

3. Require that the affordable housing units be constructed and completed by the applicant as specified in this chapter and in accordance with State law; 1179
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4. Require that each affordable housing unit be kept available only to members of the identified income group at the maximum affordable rent during the term of the agreement;

5. Identify the means by which continued availability shall be secured and enforced and the procedures under which the affordable housing units shall be leased and contain such other terms and provisions the City may require. The agreement shall be in a form able to be recorded with the San Joaquin County Recorder;

6. Include a schedule for completion and occupancy of target units;

7. Include any other provisions appropriate to ensure implementation and compliance with this chapter;

8. Be binding on all future owners and successors of interests of the housing development; and

9. Be reviewed and approved by the Director at the recommendations of the Economic Development Director or the City Attorney, and the affordability of the required units shall be monitored for compliance by the Economic Development Department, Housing Authority, or applicable public funding source.

C. Required Terms for the Continued Availability of Affordable Housing Units.

1. Low- and Very Low-, and Extremely Low-Income Households. An applicant for a housing development providing low and very low-income units in accordance with this chapter must continue to restrict those units to low or very low-income households for a minimum of 55 years or longer term under another regulatory agreement from the date of initial occupancy.

2. Moderate-Income Households. In the case of a housing development providing moderate income units, the initial occupant of the unit must be a person or family of moderate income.

3. In the case of for-sale housing developments, the density bonus housing agreement shall provide the terms for future sales and recapture of any equity to ensure continued affordability for the requisite period of time, as described in Government Code 65915, et seq. (Ord. 2020-12-01-1502 C.S. § 13)

16.40.080 Judicial relief, City exemption.

A. Judicial Relief. As provided by Government Code Section 65915(d)(3), the applicant may initiate judicial proceedings if the City refuses to grant a requested density bonus and/or incentive.
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B. City Exemption. Except upon a written finding, based upon substantial evidence, nothing in this chapter shall be interpreted to require the City to:

1. Grant a density bonus or incentive or waive or modify development standards, if the bonus, incentive, waiver, or modification, would have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact; or

2. Grant a density bonus, incentive, or waive or modify development standards, which would have an adverse impact on any real property that is listed in the California Register of Historical Resources. (Ord. 2020-12-01-1502 C.S. § 15) 1181
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Chapter 16.48 Fences, Hedges, and Walls

16.48.010 Purpose.

The purpose of this chapter is to establish requirements for fences, hedges, and walls to ensure that these elements do not block views and sunlight; provide adequate buffering between different land uses; provide screening of outdoor uses and equipment; and provide for the mitigation of noise. These requirements are designed to provide aesthetic enhancement of the City.

16.48.020 Applicability.

The provisions of this chapter apply to all fences, hedges, and walls unless otherwise stated.

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, or to retaining walls which are regulated by Section 16.36.110 (Setback regulations and exceptions).

16.48.030 Permit Required.

A Building Permit is required for fences and walls consistent with the current version of the California Building Code.

16.48.040 Measuring Fence or Wall Height.

The height of a fence or wall, including fences placed on top of a wall, is measured as the vertical distance from the highest finished grade on either side of the fence or wall to the highest point of such fence or wall.

16.48.050 Maximum Height.

The maximum allowed height of fences, walls, dense hedges, and related structures is as follows.

Fences, walls, dense hedges, and related structures are also subject to Section 16.36.140 (Traffic Sight Area).

A. Front and Street-Side Setbacks. Fences, walls, dense hedges, and similar structures shall not exceed three feet in height within the required front and street-side setback, except as follows.

1. Open Fences. Fences constructed of open grillwork or other allowed material that allows at least 33 percent view penetration through the fence may be a maximum of four feet tall.
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2. Welded-metal Fences. A decorative, open wrought-iron or tubular-steel fence not exceeding six feet in height in the Magnolia Historic (-MHD) Overlay District and five feet in height outside of the -MHD Overlay District may be placed along the front and street side property lines or within the front-yard and street side-yard setback areas.
a. This exception does not authorize solid walls or fences composed of chain link, woven wire, wood, or materials other than open wrought iron or tubular steel.
b. A post or pilaster, consisting of masonry, brick, or other solid material, not exceeding 18 inches square and five feet tall, may be used to support a wrought iron or tubular steel fence at a minimum distance between posts of seven feet.

B. Other Areas. Fences, walls, dense hedges, and similar structures located outside of required setback areas or within required interior side or rear setback areas shall not exceed eight feet in height.

C. Decorative Features. One entry gateway, trellis, or other entry structure is permitted in the required front or street-facing side yard of each lot, provided that the structure does not exceed ten feet in height, eight feet in width, and three feet in depth. Such decorative features shall not have any solid obstruction that exceeds one foot in diameter between the height of three feet and eight feet.

D. Exceptions.

1. Public Areas. Fences that enclose school grounds, public playgrounds, tennis courts, public swimming pools, or other public areas that are used for athletic purposes may exceed the maximum height limitations of this Chapter with the approval of the Director.

2. Noise Mitigation. Walls used to mitigate noise may exceed the maximum height limitations of this Chapter with the approval of the Director.

16.48.060 Walls and Fences Along Rights-of-Way.

Perimeter fences/walls adjoining public rights-of-way shall be designed and constructed in compliance with City standard specifications and plans and as follows:

A. Walls, where required, shall be constructed of decorative concrete or masonry materials up to six feet tall unless alternative materials are approved by the Director.

B. Aesthetic appeal as well as structural integrity shall be considered when designing the wall.
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C. All walls shall be located on private property and a separate maintenance easement shall be recorded for the walls. The easement shall be of a sufficient size to allow for regular maintenance (i.e., graffiti removal) and shall include the width of the support footing as it extends from both sides of the wall. The owner, developer, and successors-in-interest shall provide for maintenance of the walls by providing some type of permanent maintenance entity such as either a Homeowners Association or participation in the City’s consolidated landscape maintenance district.

D. Where a 15-foot wide landscaped right-of-way is not required, walls shall be articulated by providing a minimum three foot deep by ten-foot long landscaped recession for every 50 feet of continuous wall.

E. The design shall include an appropriate mix of materials and landscaping subject to the approval of the Director, including materials designed to discourage graffiti (i.e., vines, shrubs with thorns etc.).

16.48.070 Materials.

A. Chain-Link Fencing.

1. Residential Uses and Districts. Chain-link fencing is prohibited in Residential Districts and for residential uses in Nonresidential Districts.

2. Nonresidential Uses in Commercial and Industrial Districts. Chain-link fencing is prohibited within ten feet of a front or street-side property line. Any chain link fencing must be vinyl-coated,
B. Barbed Wire / Razor Wire Fencing. Barbed wire and razor wire fencing is prohibited in Residential Districts or adjacent to public rights-of-way in Commercial and Industrial Districts. All barbed wire, razor wire, or other sharp pointed material may only be used in the construction of a fence if it is at least seven feet above ground level and not visible from any adjacent public street.

C. Tarp Fencing. Tarp fencing shall be prohibited in all zoning districts.

D. Electrified Fencing. The use of electrified fencing, for security or other purposes, is prohibited in all zoning districts, except in the CG, CA, CL, CH, IL, IG, and PT districts.

Said fencing shall comply with the following requirements:

1. Electrified Fences in the CG, CA, CL, and CH Districts. The following uses are eligible for electrified fencing in the CG, CA, CL, and CH Districts:
a. Marinas;
b. Construction, farm and heavy equipment sales;
c. Personal storage facilities; and
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d. Minor communication facilities.

2. Permits Required. Any electrified fencing shall require the approval of the following permits:
a. Land Development Permit. A Land Development Permit in compliance with Chapter 16.136 (Land Development Permits) when located in the CG, CA, CL, or CH District, except as otherwise approved by another discretionary application for a project on the same site.
b. Alarm Permit. An alarm permit obtained from the Police Department. For this program, all applicable alarm fees apply to electric fence installations. (See Title 8, Chapter 8.44 “Intrusion Detection Devices and Burglar Alarm Systems.”)
c. Building Permit. A building permit in compliance with Title 15, Buildings and Construction.

3. General Requirements. The following electrified fencing standards shall apply to all development:
a. Electrical Standard. Unless otherwise specified herein, electrified fences shall be constructed or installed in conformance with applicable provisions of International Electrotechnical Commission (IEC) standards for electric fence energizers, as well as applicable provisions of the California Electrical Code (CEC), as necessary.
b. Electrification.
i. The energizer for electric fences must be driven by a commercial storage battery not to exceed 12 volts DC or other approved 12 Volt DC or less power source.
ii. The electric charge produced by the fence upon contact shall not exceed energizer characteristics set forth in the IEC standard for electric fence energizers.
iii. Non-low voltage electrical components (e.g., controllers, transformers) of the electric fencing system shall be approved and listed by an Occupational Safety and Health Act Nationally Recognized Testing Laboratory.
c. Perimeter Fence or Wall. Except as required by Subsection D.3.h (Adjacent to Residential Zones or Uses), electrified fencing shall be completely surrounded by a non-electrified fence or wall that is not less than six feet tall and has no barbed, concertina, or similar wire attached. Vehicle access gates along public rights-of-way may be exempted from this requirement, 1185
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subject to approval of a Land Development Permit in the CG, CA, CL, or CH District or another discretionary application for a project on the same site. Any barbed, concertina, or similar wire on existing fences shall be removed prior to the installation of the electric fence. Existing developed properties with legally-built existing chain-link fencing may retain said fencing when located closer than ten feet from the front and side property.

Similarly, vinyl coating on said fencing is not required. d. Setback.
i. Any opening in the perimeter fence less than or equal to three inches shall require a minimum one-foot setback from the electric fence (IEC 60335-2-76 Standard).
ii. Any opening in the perimeter fence greater than three inches shall require a minimum three-foot setback from the electrified fence or the installation of an approved mesh between electrified fence and non-electrified fence.
e. Height. Electrified fencing shall not have a height in excess of ten feet. f. Warning Signs. Electric fences shall be clearly identified with 12-inch by 18-inch warning signs on both the inside and outside of the fence. The signs shall read “Warning-Electric Fence” in English with international symbols and other languages as required by the Land Development Permit in the CG, CA, CL, or CH District, at intervals of not greater than 30 feet.

Warning signs shall be maintained in good condition at all times to ensure visibility.
g. Emergency Access. A “Knox Box” or other similar approved devices shall be installed for emergency access by Police and Fire Departments. A means to disconnect electrical power to the fence shall be readily available to the Police and Fire Departments. Disconnect switches and controls shall be in an accessible location on the property and shall not be obscured in any manner from the street / private driveway access. Approved signs stating the identification of such switches / controls in addition to informational instructions as to how to disable the electrical system shall be installed to the satisfaction of the Fire Marshal. In accordance with Section 8.44.090, a notice shall be posted at each gate (pedestrian and vehicle gates) indicating a 24-hour contact name and phone number or said information shall be filed and kept updated with the Police Department. In the event that access by the City of Stockton Fire Department and/or Police Department personnel to a property where a permitted electric fence has been installed and is operating is required due to an emergency or urgent 1186
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circumstances, and the Knox Box or other similar approved device above is absent or non-functional, and an owner, manager, employee, custodian, or any other person with control over the property is not present to disable the electric fence, fire or police personnel shall be authorized to disable the electric fence in order to gain access to the property. As a condition of permit issuance, all applicants issued permits to install or use an electric fence as provided in this Chapter will agree to waive any and all claims for damages to the electric fence against the City of Stockton and/or its personnel under such circumstances.
h. Adjacent to Residential Districts or Uses. Electric fences may abut residentially-zoned or residentially-used property when there is a nonelectrified wall at least eight feet in height between the electrified fence and Residential District or use.

16.48.080 Graffiti Prevention.

Fences and walls in multi-unit and nonresidential projects and all back-up walls shall be designed and built to control graffiti pursuant to Section 16.36.075 (Graffiti Prevention and Ease of Removal Provisions).

16.48.090 Maintenance.

All walls and fences shall be maintained in a safe, neat and orderly condition at all times.

16.48.030 General setback limitations.

See Section 16.48.040.

16.48.040 General height limitations.

Fences, hedges, and walls may be erected/maintained to the following heights, except for specified mitigation measures:

A. Residential. The heights shown in Table 3-4 (Maximum Height of Fences, Hedges, and Walls in Residential Zoning Districts) are allowed within residential zoning districts, except in compliance with Sections 16.48.060 (Exceptions to height limitations) and 16.48.090 (Special wall and fencing requirements).
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TABLE 3-4 MAXIMUM HEIGHT OF FENCES, HEDGES, AND WALLS IN RESIDENTIAL ZONING DISTRICTS* Location Maximum Height
Front and street side yards to the setback line 3 ft.

Front and street side yards outside the setback lines 7 ft.

Rear and interior side yards 7 ft.

Rear and side yards adjacent to levees and
nonresidential land uses
8 ft.

Rear and side yards adjacent to parks Minimum of 8 ft.

At intersections of streets, alleys and driveways within traffic sight areas (Section 16.36.140)
30 inches
* See Table 3-4 in Section 16.36.140 for traffic sight areas.

FIGURE 3-11 ALLOWED FENCE HEIGHT IN RESIDENTIAL ZONING DISTRICTS B. Nonresidential. The heights shown in Table 3-4a (Maximum Height of Fences, Hedges, and Walls in Nonresidential Zoning Districts) are allowed in nonresidential zoning districts, except for fencing for residential structures which shall comply with the height requirements in Table 3-4 (Maximum Height of Fences, Hedges, and Walls in Residential Zoning Districts).

TABLE 3-4A MAXIMUM HEIGHT OF FENCES, HEDGES, AND WALLS IN NONRESIDENTIAL ZONING DISTRICTS*
Location Maximum Height
Front and street side yards located to a minimum of 10
feet from the property line or the setback line, whichever is greater
3 ft.

Front and street side yards within the building envelope 8 ft.

Rear and interior side yards 8 ft.

Rear and side yards adjacent to levees, parks, and
residential land uses
8 ft.

At intersections of streets, alleys and driveways within traffic sight areas in compliance with Section 16.36.140 (Traffic sight area)
30 inches
* The fence is subject to design review and a building permit is required for fences over six (6) feet in height. 1188
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16.48.050 Exceptions to height and setback limitations.

The Review Authority may adjust the setback and height requirements for fences, hedges, and walls in compliance with Chapter 16.176 (Waiver) under the following conditions:

A. There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, or topography) so that the strict or literal interpretation and enforcement of this Development Code would cause undue hardship;
B. The subject site would be physically suitable for the proposed waiver; C. The proposed fence, hedge, or wall would not cause the view of the adjacent neighbors to be substantially blocked;
D. The location of the proposed fence, hedge, or wall does not encroach into the traffic sight area in compliance with Section 16.36.140 (Traffic sight area); E. The proposed fence, hedge, or wall recognizes the particular characteristics of the site and is consistent with the surrounding built environment, including the existing use of fences, hedges, and walls in the neighborhood; and
F. The proposed fence, hedge, or wall complements the architectural style, character, and proportions of the main building and neighborhood and is composed of appropriate materials.

16.48.055 Graffiti.

All fences and walls in nonresidential and multifamily projects and all back-up walls in residential and nonresidential projects shall be designed and built so as to control graffiti in compliance with Section 16.32.060 (Graffiti).

16.48.060 Exceptions to height limitations.

A. Three (3) Foot Fences. Fences and walls otherwise limited to three (3) feet in height may be allowed up to four (4) feet in height provided the fence:

1. Is constructed of open grillwork or similar open material, whether wood, wrought iron, or other allowed material, that allows at least 33 percent view penetration through the fence; and

2. Is not located in the traffic sight areas in compliance with Section 16.36.140 (Traffic sight area).

B. Wrought Iron Fences. Wrought iron fences that have at least 33 percent view penetration through the fence may be allowed in the setback area and building envelope up to seven (7) feet in height in the Magnolia historic overlay district and midtown district, as defined 1189
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in Division 8, provided the fence is not located within the traffic sight areas in compliance with Section 16.36.140 (Traffic sight area).

C. Public Areas. Fences which enclose school grounds, public playgrounds, tennis courts, public swimming pools, or other public areas which are used for athletic purposes may be erected to a height in excess of seven (7) feet, with the approval of the Director.

16.48.070 Measurement of fence or wall height.

A. The height of a fence or wall shall be measured from the finished grade at the location in which the fence or wall is to be located.

B. Where there is a difference in the ground level between two (2) adjacent parcels, the height of a fence or wall constructed along the property line shall be determined by using the finish grade of the highest contiguous parcel.

FIGURE 3-12 MEASUREMENT OF FENCE OR WALL HEIGHT

16.48.080 Walls required between different zoning districts.

A. Where a nonresidential zoning district abuts a residential zoning district (RL, RM, and RH) or a noise sensitive use, solid masonry walls shall be provided (see Figure 3-5) as follows:

1. For a nonresidential property of less than two (2) acres:
a. A wall eight (8) feet in height shall be constructed at the time of development along the zone boundary line by:
i. The subdivider if there is a tentative map; or
ii. The nonresidential or multifamily owner, if there is no tentative map. b. Walls may be constructed higher than eight (8) feet if:
i. Required as a condition of approval or as a mitigation measure; or ii. If the viewshed is not impacted, subject to the approval of the Director.

2. For a nonresidential property of two (2) or more acres, a wall eight (8) feet in height shall be constructed along the zone boundary line by the owner of the nonresidential use at the time of development.

B. Walls shall be of solid decorative masonry construction, designed and built so as to control graffiti in compliance with Section 16.32.060 (Graffiti), and subject to approval of the Director.
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C. The Director may waive or modify requirements for walls between different zoning districts where a solid masonry wall already exists on the contiguous property if the following findings can be made:

1. The existing wall meets or would be modified to conform to the intent of this chapter;

2. Suitable landscaping would be installed adjacent to the existing wall to supplement and enhance the desired physical separation;

3. The existing wall would be protected to prevent vehicle damage, if necessary; and

4. Concurrence of the adjacent property owner can be obtained, to modify the existing wall to meet the requirements of this chapter.

D. Where a public park or open space preserve abuts any other land use, excluding a school site, a solid eight (8) foot decorative masonry wall shall be constructed on the abutting private property.

16.48.090 Special wall and fencing requirements.

A. Swimming Pools, Spas, and Similar Features. Swimming pools, spas, and other similar features shall be fenced with a self-closing, self-latching gate on the pool side and be in compliance with the latest edition of the California Building Code.

B. Outdoor Equipment, Storage, and Work Areas. Screening of outdoor uses and equipment and activities shall be provided in compliance with Section 16.36.100 (Screening and buffering).

C. Temporary Fencing. Temporary fencing may be necessary to protect archaeological or historic resources and/or trees during site preparation and construction. Temporary fencing for these purposes shall be subject to the approval of the Director.

D. Walls Along Rights-of-Way. Perimeter fences/walls adjoining public rights-of-way shall be designed and constructed in compliance with City standard specifications and plans and as follows:

1. Walls shall be constructed of decorative concrete or masonry materials up to six (6) feet in height, and the exterior of the walls shall be designed and built so as to control graffiti in compliance with Section 16.32.060 (Graffiti).

2. Aesthetic appeal as well as structural integrity shall be considered when designing the wall;

3. All walls shall be located on private property and a separate maintenance easement shall be recorded for the walls. The easement shall be of a sufficient size to allow for regular maintenance (i.e., graffiti removal) and shall include the 1191
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width of the support footing as it extends from both sides of the wall. The owner(s), developer(s), and successor(s)-in-interest shall provide for maintenance of the walls by providing some type of permanent maintenance entity such as either a Homeowners Association or participation in the City’s consolidated landscape maintenance district;

4. Where a 15-foot wide landscaped right-of-way is not required, walls shall be articulated by providing a minimum three (3) foot deep by 10-foot long landscaped recession for every 50 feet of continuous wall; and

5. The design shall include an appropriate mix of materials and landscaping subject to the approval of the Director, including materials designed to discourage graffiti (i.e., vines, shrubs with thorns etc.).

E. Retaining Walls. If a fence is placed on top of a retaining wall, the total height of the fence and the retaining wall together shall not be greater than the allowed height of a fence in the zoning district. (See also Section 16.36.110(D)(2)(b) (Retaining walls).)

16.48.100 Prohibited fence materials.

A. Chain Link Fencing. (See Figure 3-13.)

1. Residential and Commercial Zoning Districts. Permanent fences composed of chain link or similar materials (chicken wire, hog fencing, etc.) are prohibited in residential and commercial zoning districts as follows:
a. Developed Property. In the area between the front and/or side of any building facing a street. Chain link fencing is allowed along the interior and rear property lines provided the fence along the front and/or street side of the property does not project in front of any buildings. b. Vacant Property.
i. Residential Zoning Districts. Within 20 feet of the front property line and 10 feet of the street side property line. Chain link fencing is allowed along the interior and rear property lines provided it is not within 20 feet of the front property line or 10 feet of the street side property line.
ii. Commercial Zoning Districts. Within 10 feet of the front and street side property lines. Chain link fencing is allowed along the interior and rear property lines provided it is not within 10 feet of the front or street side property lines.
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2. Industrial Zoning Districts. Vinyl coated chain linked fencing located at least 10 feet from the front and street side property lines shall be allowed in industrial zoning districts. Other types of chain link fencing or similar materials (chicken wire, hog fencing, etc.) are prohibited within the 10-foot front and street side yard areas.

Chain link fencing is allowed along the interior and rear property lines provided it is not within 10 feet of the front or street side property lines.

3. Temporary Uses. Chain link fencing shall be allowed for temporary uses. a) Developed Residential and Commercial Property b) Undeveloped Residential Property c) Undeveloped Commercial Property d) Developed and Undeveloped Industrial Property FIGURE 3-13 ALLOWED SETBACKS FOR CHAIN LINK FENCES
B. Barbed Wire/Razor Wire Fencing. Barbed wire and razor wire fencing is prohibited in residential zoning districts or adjacent to public rights-of-way in commercial and industrial zoning districts. All barbed wire, razor wire, or other sharp pointed material may only be used in the construction of a fence if it is at least seven (7) feet above ground level and not visible from any adjacent public street.

C. Tarp Fencing. Tarp fencing shall be prohibited in all zoning districts.

D. Electrified Fencing. The use of electrified fencing, for security or other purposes, is prohibited in all zoning districts, except in the CG, IL, IG, and PT zones. Said fencing shall comply with the following requirements:

1. Permits Required. Any electrified fencing shall require the approval of the following permits:
a. Land Development Permit. A land development permit in compliance with Chapter 16.136 (Land Development Permits) when located in the CG zone, except as otherwise approved by another discretionary application for a project on the same site.
b. Alarm Permit. An alarm permit obtained from the Police Department. For this program, all applicable alarm fees apply to electric fence installations. (See Title 8, Chapter 8.44 “Intrusion Detection Devices and Burglar Alarm Systems.”)
c. Building Permit. A building permit in compliance with Title 15 (Buildings and Construction).
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2. General Requirements. The following electrified fencing standards shall apply to all development:
a. Electrical Standard. Unless otherwise specified herein, electrified fences shall be constructed or installed in conformance with applicable provisions of International Electrotechnical Commission (IEC) standards for electric fence energizers, as well as applicable provisions of the California Electrical Code (CEC), as necessary.
b. Electrification.
i. The energizer for electric fences must be driven by a commercial storage battery not to exceed 12 volts DC or other approved 12 Volt DC or less power source.
ii. The electric charge produced by the fence upon contact shall not exceed energizer characteristics set forth in the IEC standard for electric fence energizers.
iii. Non-low voltage electrical components (e.g., controllers, transformers) of the electric fencing system shall be approved and listed by an Occupational Safety and Health Act (OSHA) Nationally Recognized Testing Laboratory (NRTL).
c. Perimeter Fence or Wall. Except as required by subsection (2)(h) of this section, electrified fencing shall be completely surrounded by a nonelectrified fence or wall that is not less than six (6) feet high and have no barbed, concertina, or similar wire attached. Vehicle access gates along public rights-of-way may be exempted from this requirement, subject to approval of a land development permit in the CG zone or another discretionary application for a project on the same site. Any barbed, concertina, or similar wire on existing fences shall be removed prior to the installation of the electric fence. Existing developed properties with legally built existing chain-link fencing may retain said fencing when located closer than 10 feet from the front and side property. Similarly, vinyl coating on said fencing is not required.
d. Setback.
i. Any opening in the perimeter fence less than or equal to three (3) inches shall require a minimum 12-inch setback from the electric fence (IEC 60335-2-76 Standard).
ii. Any opening in the perimeter fence greater than three (3) inches shall require a minimum 36-inch setback from the electrified fence 1194
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or the installation of an approved mesh between electrified fence and non-electrified fence.
e. Height. Electrified fencing shall not have a height in excess of 10 feet. f. Warning Signs. Electric fences shall be clearly identified with 12-inch by 18-inch warning signs on both the inside and outside of the fence. The signs shall read “Warning-Electric Fence” in English with international symbols and other languages as required by the land development permit in the CG zone, at intervals of not greater than 30 feet. Warning signs shall remain in good condition at all times to ensure visibility. g. Emergency Access. A “Knox Box” or other similar approved devices shall be installed for emergency access by Police and Fire Departments. A means to disconnect electrical power to the fence shall be readily available to the Police and Fire Departments. Disconnect switches and controls shall be in an accessible location on the property and shall not be obscured in any manner from the street/private driveway access. Approved signs stating the identification of such switches/controls in addition to informational instructions as to how to disable the electrical system shall be installed to the satisfaction of the Fire Marshal. In accordance with Section 8.44.090, a notice shall be posted at each gate (pedestrian and vehicle gates) indicating a 24-hour contact name and phone number or said information shall be filed and kept updated with the Police Department. In the event that access by the City of Stockton Fire Department and/or Police Department personnel to a property where a permitted electric fence has been installed and is operating is required due to an emergency or urgent circumstances, and the Knox Box or other similar approved device above is absent or non-functional, and an owner, manager, employee, custodian, or any other person with control over the property is not present to disable the electric fence, fire or police personnel shall be authorized to disable the electric fence in order to gain access to the property. As a condition of permit issuance, all applicants issued permits to install or use an electric fence as provided in this chapter will agree to waive any and all claims for damages to the electric fence against the City of Stockton and/or its personnel under such circumstances.
h. Adjacent to Residential Zones or Uses. Electric fences may abut residentially-zoned or residentially-used property when there is a nonelectrified wall at least eight (8) feet in height between the electrified fence and residential zone or use.
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i. Electrified Fences in the CG Zone. The following uses are eligible for electrified fencing in the CG zone:
i. Marinas;
ii. Construction, farm and heavy equipment sales;
iii. Personal storage facilities; and
iv. Minor communication facilities.
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Chapter 16.52 Infill Development Standards

16.52.010 Purpose.

The purpose of this chapter is to provide standards for applicants that desire to develop unused or underutilized land within the City limits. The standards in this chapter are intended to encourage and maximize opportunities for infill development projects, which are beneficial to the community, protective of existing neighborhoods, and well designed. The benefits of infill include resource conservation, efficiency of facilities and services, promotion of alternative modes of transportation, and opportunities for diverse housing and mixed use options. It is the intent of this chapter to facilitate the seamless infill of potential sites that minimize impacts on the City as a whole and on existing residential neighborhoods (including but not limited to impacts upon neighborhood character, aesthetics, noise and privacy) and on traffic congestion and parking. Projects shall be subject to the permitting requirements in Table 3-6 (Allowable Land Uses and Permit Requirements for Infill Projects). (Prior code § 16-330.010)

16.52.020 Applicability.

The provisions of this chapter may apply to development in any zoning district within the existing jurisdictional boundaries of the City that meet all of the following criteria:

A. Vacant and developed property, with or without existing structures, of less than a total of five (5) acres, which consist of:

1. One (1) legal lot; or

2. Two (2) or more contiguous, commonly-owned legal lots that are not separated by a public street;
B. Bounded on at least three (3) sides by existing urban uses or development; C. Served by existing water, sewer, drainage, streets, and schools; and D. Qualify for categorical exemption under the California Environmental Quality Act, Section 15332, CEQA, Class 32. (Ord. 023-07 C.S. § 37; prior code § 16-330.020)

16.52.030 Standards and requirements.

Infill development shall meet the requirements of this Development Code for the project, except for the following standards and requirements:

A. Residential Projects.

1. General. All residential infill projects shall meet the following general requirements:
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a. Density. Density may be reduced or increased at the discretion of the Director only under the following circumstances:
i. The decrease or increase is less than 25 30 percent of the required minimum or maximum density for the zoning district;
ii. The decrease or increase is compatible with existing development; and
iii. The decrease or increase will further the aims of this chapter, or as allowed under the density bonus provisions in compliance with Chapter 16.40 (Affordable Housing Incentives/Density Bonus Provisions).
b. Setback Requirements.
i. Primary Structure.
(1) Blocks with Existing Structures. The setbacks for the primary structure shall be no greater than, nor no less than, the minimum and maximum setbacks of the existing primary structures on the blockface on which the infill site is located, and shall be the same or greater than the front setbacks of the buildings on either side of the project.
(2) Blocks without Existing Structures. If there are no existing structures on the blockface proposed for an infill project, the setbacks shall be determined by the Review Authority, to be:
(a) Those of the zoning district in which the project is located;
(b) Those of the structures on the opposite side of the street; or
(c) Those specified in Table 3-5 (Setback Requirements
for Residential Infill Projects).

TABLE 3-5 SETBACK REQUIREMENTS FOR RESIDENTIAL INFILL PROJECTS Yard Setback
Front Main structure with access to the parking space from the street: 10 feet Main structure with access to the parking space from the rear of parcel: 5 feet Side 3 feet
Street side 5 feet
Rear 10 feet
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ii. Accessory Structures.
(1) Garages/Covered Parking Space. Garages/covered parking spaces shall meet the requirements for accessory
structures, except that:
(a) Street. Garages/covered parking spaces shall have
an equal or greater front setback than the front
setback for the primary structure
i. Front-Entry Garages/Covered Parking.
(i) The entrance to the garage/covered
parking space shall be set back a minimum
of 20 feet from the sidewalk on the street side
used for a garage/covered parking vehicle
entrance;
(ii) Garages/covered parking spaces
shall have an equal or greater front setback
than the front setback for the primary
structure; and
ii. Side-Entry Garages. Side-entry garages
shall be set back a minimum of 15 feet from the
property line.
(b) Private Street or Alley. The setback for
garages/covered parking spaces on private streets
or alleys may be less than the required setback (20
feet for streets and 10 feet for alleys), provided there is at least 25 feet to back out.
(2) Other. Other accessory structures shall meet the front yard and street side yard requirements for primary structures, but shall have no setback requirements for rear and interior side yards.
c. Site Coverage. Site coverage shall be within the range of the minimum and maximum site coverage on the existing blockface. On blackfaces without existing structures, the site coverage shall not exceed 70 percent of the site.
d. Frontage Requirements. The width of the parcel shall be no greater than nor no less than the minimum and maximum widths of the existing parcels on the same blockface, but in no case shall the width of the parcel be less than 25 feet, except for existing nonconforming lots.
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e.c. Height Limits.
i. Primary Structure. The height of the primary structure shall be in compliance with the height requirements for the zoning district (Table 2-3), except that the height may be increased:
(1) To the height of the highest residential structure on the blockface; or
(2) By 25 percent if it is in keeping with the character of the blockface as determined by the Review Authority.
ii. Accessory Structures. The height of an accessory structure may exceed 15 feet if it is in keeping with the character of the neighborhood and the primary structure as determined by the Director, but no higher than the height of the primary structure. f.d. Parking Requirements. The number of parking spaces required shall be in compliance with Chapter 16.64 (Off-Street Parking and Loading Standards), except that a waiver of the parking requirements may be granted by the Review Authority, if:
i. Existing physical constraints on the site limit the amount of parking that can be provided; and
ii. The granting of the waiver would further the purpose of the revitalization of the area.
g.e. Driveways. Residential driveways shall be subject to the following:
i. Individual Driveways. Residential driveways shall be in compliance with Section 16.36.030(C)(2) (Driveways—Residential).
ii. Common Driveways. Common driveways for less than eight (8) residential units shall be at least 25 feet in width. A reduction in the width of the driveway may be granted by the City Engineer, provided:
(1) The common driveway is at least 20 feet in width; and (2) At least 25 feet is provided for backing out from individual driveways.

2. Single- familyunit Projects. In addition to the above requirements, covenants, conditions, and restrictions (CC&Rs) shall be required for all single- familyunit subdivisions of five (5) or more lots.

3. Multi familyunit Projects. In addition to the above requirements, multi familyunit projects shall be subject to the following:
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a. Development Standards.
i. Usable Open Space. For each dwelling unit, 100 square feet of usable open space for each dwelling unit shall be provided for active or passive outdoor activity. This requirement may be provided in one (1) central area or adjacent to each living unit. The area may include an open patio, swimming pool, lounge deck, lawn, game court, or similar type uses. Required front, rear, and side yards along streets, driveways, parking areas, and walkways may not be used to satisfy any part of this requirement.
ii.i. Landscaping.
(1) Requirements. All front, rear, and side yards along the street side shall be landscaped in compliance with Section

16.56.040 (Landscape standards). The landscaping shall be maintained by the owners, developers, and/or successorsin-interest. (2) Plans.
(a) A comprehensive landscape and irrigation plan shall be submitted with the site plan for approval by the
Director; and
(b) If there are common areas, a landscape and
maintenance plan shall be provided.
iii.ii. Fencing. Any necessary fencing shall be provided in compliance with the use permit for the project.
iv.iii. Lighting. Safety and security lighting shall be provided for parking areas and the lighting for parking areas and buildings shall not reflect on adjacent residential properties and shall be confined to ground lighting wherever possible.
v.iv. Refuse Disposal. The refuse collection areas shall be clearly designated on the site plan. Refuse areas shall be clearly accessible for pickup and shall be effectively screened from public view in compliance with Section 16.36.130 (Solid waste/recyclable materials storage). Waste disposal pickup bins (dumpsters) shall not occupy any required parking spaces nor intrude into required access driveways.
vi. Parking. The development of the parking areas and driveways shall be in compliance with Section 16.80.220(H) (Multifamily development—Parking).
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b. Management/Maintenance Agreement. A management/maintenance agreement shall be required for all multi familyunit projects.

B. Nonresidential, Multi-Use, and Live-Work Projects.

1. Density. The density for residential units in multi-use and live-work projects shall not exceed the General Plan density, except that:
a. A 10 30 percent increase may be approved by the Director; . b. A 25 percent increase may be allowed if the project is within one quarter (1/4) mile of a transit stop and approved by the Review Authority; or c.b. A density bonus increase may be allowed for projects meeting the provisions for a density bonus in compliance with Chapter 16.40 (Affordable Housing Incentives/Density Bonus Provisions).

2. Setback Requirements.
a. Primary Structure.
i. Blockfaces with Existing Structures.
(1) Commercial and Multi-Use Projects. The primary structure for a commercial project in a commercial zoning district or multi-use project in any zoning district may be located at the property line provided:
(a) There is at least 20 feet between that structure and any off-site residential structure; and
(b) The location of the building is in compliance with the requirements for traffic sight areas (Section

16.36.140).
(2) Other Projects. For all other nonresidential projects, the setbacks for the primary structure shall be no greater than, nor no less than, the minimum and maximum setbacks of
the existing structures on the blockface on which the infill site is located, and shall be the same or greater than the front setbacks of the buildings on either side of the project. ii. Blockfaces without Existing Structures. If there are no existing structures on the blockface proposed for an infill project, the setbacks shall be determined by the Review Authority, to be:
(1) Those of the zoning district in which the project is located; or
(2) Those of the structures on the opposite side of the street. 1202
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b. Accessory Structures. Accessory structures shall be in compliance with Section 16.8036.020 035 (Accessory uses and structures).

3. Site Coverage. Site coverage shall be no greater than nor no less than the minimum and maximum site coverage of the existing parcels on the blockface. On blockfaces without existing structures, the site coverage shall not exceed 70 percent of the site.

4. Frontage Requirements. The width of parcels shall be no greater than nor no less than the minimum and maximum widths of the existing parcels on the same blockface, but in no case shall the width of the parcel be less than 25 feet, except for existing legal nonconforming lots.

5.3. Height Limits.
a. Primary Structure. The height of the primary structure shall be in compliance with the height requirements for the zoning district (Table 2-3), except that the height may be increased:
i. To the height of the highest structure on the blockface; or ii. By 25 percent if it is in keeping with the character of the blockface as determined by the Review Authority.
b. Accessory Structures. The height of an accessory structure shall be in compliance with Section 16.8036.020 035 (Accessory uses and structures).

6.4. Parking Requirements. The number of parking spaces required shall be in compliance with Chapter 16.64 (Off-Street Parking and Loading Standards), except a waiver of the parking requirements may be granted by the Review Authority, if:
a. Existing physical constraints on the site limit the amount of parking that can be provided; and
b. The granting of the waiver would further the purpose of the revitalization of the area.

7.5. Landscaping. Landscaping shall be provided in compliance with Chapter 16.56 (Landscaping Standards). If there are common areas, a landscape and maintenance plan shall be provided.

8.6. Driveways. Nonresidential driveways shall be subject to the standards for urban driveways in compliance with Section 16.36.030(C)(3) (Driveways— Nonresidential).
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9. Multi-Use Projects. Multi-use projects shall comply with the requirements in Section 16.80.230 (Multi-use projects). (Ord. 023-07 C.S. §§ 38, 39; prior code § 16-330.030)
C. Adaptive Reuse Projects (Greater Downtown and Downtown Core).

1. Intent. The intent of adaptive reuse is to allow conversion of existing structures into new land uses that maintain or enhance the character of a neighborhood or district, extend the life of the building, reduce use of new construction materials, reduce construction waste generated, and provide additional employment or housing opportunities in appropriate and compatible locations.

2. Uses. Notwithstanding the nonconforming provisions of Chapter 16.228, an adaptive reuse project may change the use of an existing building to any use permitted by the underlying zoning district.

3. Commission Use Permit. Any use that is not ordinarily permitted, or conditionally permitted, within the underlying zoning district, may be requested by submittal of a commission use permit application, pursuant to the purpose, findings and conditions expressed in Chapter 16.168, in addition to the following findings:
a. Use of the building is for a purpose other than that for which it was originally designed, and in a manner that would not normally be permitted within the underlying zoning district, and is necessary to enhance the economic viability of retaining the building and its notable characteristics in a manner that ensures the continued maintenance of the building; and b. Any alterations to the building that are necessary to accommodate the adaptive reuse of the building shall be designed and completed in a manner consistent with the Secretary of Interior's Standards for Rehabilitation and shall be subject to any discretionary approvals required pursuant to Title 16 of the Stockton Municipal Code.

4. Setbacks. Existing principal structures with non-conforming setbacks may remain.

Any additions or façade changes involving greater than 25 continuous linear feet of exterior wall facing a public right-of-way shall comply with zoning setbacks, unless waived by the Director.

5. Height. Heights of existing buildings shall be exempt from established height limits.

The addition of parapets or roof structures, equipment or other enclosures or nonhabitable space is allowed. Any new habitable space or floors shall comply with height limits of the underlying zoning district, unless waived by the Director.

6. Existing Parking. The overall number of existing parking spaces on-site shall be maintained, unless a reduction is appropriate per Chapter 16.64. A reduction in 1204
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existing parking for the purpose of providing required ADA parking and access may be allowed by the Director.

7. Required Parking.
a. No additional on-site parking shall be required for conversion to residential uses unless the floor area is increase exceeds 25 percent, then required parking standards based on the use apply.
b. Total parking for non-residential uses shall be the lesser of the underlying zoning district or one space per every 1,000 square feet of usable internal space.
c. Tandem parking is allowed for up to 50 percent of provided spaces. d. Shared parking agreements are encouraged for adaptive reuse projects and subject to approval by the Director.
e. Any reductions in required parking shall be approved by the Director.

8. Other provisions. Floor area ratio (FAR), landscaping, lot coverage, open space, and any other applicable development standards of the underlying zone will be complied with, unless waived by the Director.

16.52.040 Design review.

The design of all buildings/structures shall be subject to the review and approval of the Review Authority, and shall be consistent with any City’s design guidelines. (Prior code § 16- 330.040)Design Review requirements of Chapter 16.120 (Design Review).

16.52.050 Land use.

In addition to the land uses allowed in Table 2-2 (Allowable Land Uses and Permit Requirements), infill projects consisting of the land uses in Table 3-6 (Allowable Land Uses and Permit Requirements for Infill Projects) shall be allowed in any zoning district subject to the permit requirements in Table 3-6. In the event of any perceived conflict between the provisions of this section and any other provisions of this Development Code, this sectionthe most permissive provision shall control.

TABLE 3-6 ALLOWABLE LAND USES AND PERMIT REQUIREMENTS FOR INFILL PROJECTS Land Use Permit
Requirement
Single-family homesUnit Dwellings, Detached on blockfaces in which at least 50 percent of the blockface is occupied by existing single- familyunit homes P
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TABLE 3-6 ALLOWABLE LAND USES AND PERMIT REQUIREMENTS FOR INFILL PROJECTS Land Use Permit
Requirement
Single-Unit Dwellings, Detachedfamily homes on blockfaces in which less than 50 percent of the blockface is occupied by existing single- familyunit homes, except that single- familyunit homes shall not be allowed in an industrial zoning district or in an area designated as industrial on the General Plan
A
Retail Sales of less than 2,000 square feet A
Restaurants of less than 3,000 square feet A
Offices of less than 5,000 square feet A
Duplexes and triplexes A
Townhouses A
MultifamilyMulti-Unit Dwellings A
General Personal services, unrestricted A
Banks and financial institutions services of less than 5,000 square feet A Artisan shopsmanufacturing A
Live-work space P
Multi-use facilities A
StudiosInstructional services A
(Ord. 023-07 C.S. § 40; prior code § 16-330.050)
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Chapter 16.64 Off-Street Parking and Loading Standards

16.64.040 Number of parking spaces required.

Each land use shall provide at least the minimum number of off-street parking spaces, including disabled access spaces required by Section 16.64.070 (Disabled/handicapped parking requirements), below, except where a parking reduction has been granted in compliance with Section 16.64.050 (Adjustments to off-street parking requirements). Additional spaces may be required through approval of a discretionary permit.

A. Expansion/Remodeling of Structure, or Change in Use.

1. When the use of a structure changes to a use that requires the same number of parking spaces as the immediately previous use:
a. The number of required parking spaces for the new use shall be the same as the requirement for the previous use, regardless of the number of spaces actually provided by the previous use, provided that:
i. The previous use was legally established; and
ii. No spaces were eliminated by the previous use.
b. Uses that were located in zones which did not allow the overnight parking of vehicles before the adoption of this Development Code, may have company-owned vehicles parked on their premises, provided the parking is in compliance with subsection G of this section (Company-owned vehicles).

2. When a structure is enlarged or increased in capacity, or when a use is changed to one that requires more off-street parking than the existing or previous use:
a. Only the number of parking spaces required for the addition needs to be provided; or
b. The difference in the required number of parking spaces for the new use and the existing use only needs to be provided.

3. When a structure (or a portion of a structure) is intentionally demolished, any new use or structure shall provide the number of parking spaces required by this chapter.

4. Additional parking spaces shall not be required for an addition to a structure made solely for the purpose of increasing access for disabled persons.

B. Residential Uses. Residential uses shall provide parking in compliance with Table 3-9 (Parking Requirements by Land Use).
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1. Conversion of a garage for a single- familyunit residence is permitted in accordance with Section 16.80.310 (Accessory Dwelling Units).

2. A single- familyunit use that does not conform to the provision of this chapter shall be brought into compliance at the time additions or alterations to the primary structure are made that cumulatively increase the existing floor area (habitable space) by more than 50 percent, unless waived under Section 16.64.050(B) (Reduction or waiver of parking requirements).

3. Enclosed tandem parking spaces may be permitted to meet the parking requirements in Table 3-9 (Parking Requirements by Land Use) in those cases in which:
a. The configuration of an existing site would not allow a two (2) car garage, as determined by the director; or
b. A proposed development would be located on a lot that is less than 5,000 square feet and has a frontage of less than 50 feet.

4. Required garages shall have an unrestricted interior of at least:
a. Two (2) car garages: 18 feet by 19 feet;
b. Single-car garages: Nine (9) feet by 19 feet; or
c. Tandem parking garages: Nine (9) feet by 36 feet.

5. Parking spaces required in compliance with Table 3-9 (Parking Requirements by Land Use) that are not required to be covered or enclosed shall be located:
a. Outside the required setback area; and
b. So as to not interfere with the ingress and egress from the other required parking spaces.

C. Freeway-Oriented Uses. Uses that are intended to serve the motoring public (e.g., lodging facilities, service stations, truck stops, mini-marts, restaurants, and similar freewayoriented uses) that are located within 500 feet of the freeway right-of-way and 500 feet from the right-of-way of the road intersecting the freeway shall provide designated spaces for the parking of commercial trucks with trailers, large recreational vehicles, and vehicles pulling trailers.

1. General Requirements.
a. Circulation. A percentage of parking spaces for large vehicles in compliance with Table 3-8 (Parking Requirements for Freeway-Oriented Use) shall be designed to be pull-through so that vehicles exit the space in 1208
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a forward direction. On-premises circulation shall provide for exiting of the site to the public right-of-way in a forward direction. b. Modification of Requirements. The Director shall have the authority to modify these requirements for uses and locations that do not require the parking of large vehicles and vehicles pulling trailers.

2. Specific Requirements.
a. Parking for large vehicles, recreational vehicles, and vehicles pulling trailers shall provide parking for each identified freeway use as required in Table 3-8 (Parking Requirements for Freeway-Oriented Uses).

TABLE 3-8 PARKING REQUIREMENTS FOR FREEWAY-ORIENTED USES Type of Requirement Truck Stops Other
Percentage of pull-through spaces
required
80% 5%
Dimensions 10 ft. x 80 ft. 10 ft. x 60 ft.
b. These spaces shall be clearly marked for “recreational vehicles, large vehicles, or vehicles with trailers only.”
c. A clearing height of 12 to 14 feet shall be provided.

D. Uses Not Listed. The parking requirement for any use not listed in Table 3-9 shall be determined by the Director based upon the requirements for the most similar comparable use, the particular characteristics of the proposed use, and any other relevant data regarding parking demand.Land uses not specifically listed by subsection I of this section (Parking requirements by land use), below, shall provide parking as required by the Director. The Director shall use the requirements of subsection I of this section (Parking requirements by land use), below, as a guide in determining the minimum number of offstreet parking spaces to be provided.

E. Rounding of Quantities. When calculating the number of parking spaces required, space requirements greater than one-half shall be rounded up to the nearest whole number and requirements of less than one-half shall be eliminated.

F. Fixed Seating. Where fixed seating is provided in the form of benches or bleachers, a seat shall be defined as 24 inches of continuous bench space for the purpose of calculating the number of required parking spaces.

G. Company-Owned Vehicles. The number of parking spaces required by this chapter, does not include spaces needed for the parking of company-owned vehicles. Parking spaces 1209
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to accommodate company-owned vehicles shall be provided in excess of the requirements for a particular land use.

H. PT (Port) Zoning District. Parking shall be in compliance with the PT (Port) zoning district in compliance with Section 16.24.150 (PT (Port) zoning district standards) or the Rough and Ready Island Development Plan for the Port of Stockton, California (Development Plan) as applicable.

I. Parking Requirements by Land Use. Each land use shall be provided the minimum number of parking spaces required by Table 3-9. Additional spaces may be required through discretionary permits.

TABLE 3-9 PARKING REQUIREMENTS BY LAND USE
Number of Spaces Required

AGRICULTURAL AND RESOURCE-RELATED USES
Uses Gross Floor Area Space(s)/sq. ft. Other/Additional Spaces Agricultural activities and facilities None
Cannabis cultivator operator 1/2,000 1/2,000 for storage, employee break rooms, equipment rooms, offices, and
circulation corridors
Conservation area Per land development permit
Mining Per use permit

BUSINESS AND PROFESSIONAL USES
Uses Gross Floor Area Space(s)/sq. ft. Other/Additional Spaces All usesThe following business uses
listed under “Business and
Professional uses on Table 2-2:

Banks and financial services
Business support services
Offices
1st 50,000 sq. ft.—1/200 -
Portion over 50,000 sq. ft.—1/500 -

INDUSTRIAL Y, MANUFACTURING & PROCESSING USES
Uses Gross Floor Area Space(s)/sq. ft. Other/Additional Spaces All uses listed under "Industry,
Manufacturing & ProcessingIndustrial
Uses" on Table 2-2, except for the
following:

Up to 50,000 sq. ft. of floor area—1/
500
Offices/sales over 5,000 sq. ft.—1/250
sq. ft.
50,001 to 100,000 sq. ft.—100 spaces
plus 1/1,000 for area over 50,000 sq.
ft.
100,001 to 500,000 sq. ft.— 150
Cannabis distributor operator 1/2,000 Offices over 5,000 sq. ft. – 1/250 Cannabis manufacturer (volatile and
non-volatile)
1/2,000 Offices over 5,000 sq. ft. – 1/250
Cannabis microbusiness (by subtype)
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TABLE 3-9 PARKING REQUIREMENTS BY LAND USE
Number of Spaces Required
RDC 1/250″ *1/2,000 for storage, employee break
rooms, equipment rooms, offices,
circulation corridors, cultivation and
manufacturing areas
RDM 1/250″
RCM 1/250″
DCM 1/2,000*
Cannabis testing laboratory 1/1,000 Offices over 5,000 sq. ft. – 1/250 Laundries and dry cleaning plants 1/1,000 Offices over 5,000 sq. ft. – 1/250 Research and development (R&D) 1/500 Offices/sales over 5,000 sq. ft.—1/250 sq. ft.

Storage Contractor shops and yards ——— 2/facility + 1/250 sq. ft. of office Warehouses 1st 500,000 sq. ft. of floor area—1/
2,000
Offices/sales over 5,000 sq. ft.—1/250
sq. ft.

Portion over 500,000— 1/4,000
Wholesaling and distribution 1st 500,000 sq. ft. of floor area—1/ 2,000
Offices/sales over 5,000 sq. ft.—1/250
sq. ft.

Portion over 500,000— 1/4,000

RECREATION, EDUCATION, AND PUBLIC ASSEMBLY USES
Uses Gross Floor Area
Space(s)/sq. ft.

Fixed Seats
(24” = 1 seat)
Other/Additional Spaces
All uses listed under "Recreation,
Education, and Public Assembly
UsesPublic/Semi-Public,
Recreational, and Institutional Uses"
on Table 2-2, except for the following
or otherwise listed in this table
1/50 OR 1/4 ———
Auditoriums, meeting halls, and theater
Cinemas ——— 1/4 4/screen
Bridge clubs and non-gambling board
games
——— ——— 4/table
Card rooms/poolhalls/billiard parlors
Card rooms ——— ——— 4/table
Poolhalls ——— ——— 2/table
Commercial amusement facilities 1/250 ———
Dancehalls—Dance floor areas 1/50 ———
Educational facilities
Colleges and universities ——— ——— 1/classroom + 0.75 per each student in the largest shift on site at one time
Public and private elementary and
secondary schools
——— ——— 2/classroom
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TABLE 3-9 PARKING REQUIREMENTS BY LAND USE
Number of Spaces Required
Public and private high schools ——— ——— 2/classroom + 1/6 per each student in the largest shift on site at one time
Equipment repair and maintenance
training; vehicle repair and
maintenance training
——— ——— 2/classroom + 1 per each student in
the largest shift on site at one time
Specialized education and training;
vocational and technical schools
——— ——— 2/classroom + 1 per each student in
the largest shift on site at one time
Equestrian facilities ——— ——— 1/5 horses
Golf courses/country clubs ——— ——— 6/hole + 1 per clubhouse/ ancillary over 3,000 sq. ft.

Golf driving ranges ——— ——— 1/tee
Indoor recreation facilities
Bowling alleys ——— ——— 4/lane + ancillary
Skating 1/100 of rink area ———
Tennis/racquet ball/handball or other
courts
——— ——— 3/court + ancillary
Libraries and museums 1/500 ———
Marinas ——— ——— 1/2 berths + ancillary
Dry storage ——— ——— 0.75/boat space
Outdoor assembly facility Per use permit ———
Outdoor commercial recreation
facilities
——— ——— Per use permit
Parks and playgrounds ——— ——— Per director
Recreational vehicle parks ——— ——— 2 for manager + 4 for employee/guests
Studios 1/250 ———

RESIDENTIAL
Uses Space(s)/Unit or other criteria Guest Parking
Caretaker and employee housing 1 covered/unit ———
Duplexes 1 covered/unit, except in the
Downtown Core, ½/unit
———
Cottage Court 1/unit ———
Mobilehome parks 1/mobilehome 1/4 units
Multi familyunit dwellings 1/unit 1/4 units
Greater Downtown ½/unit ———
Downtown Core1 ½/unit ———
Affordable housing ½/unit 1/8 units
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TABLE 3-9 PARKING REQUIREMENTS BY LAND USE
Number of Spaces Required
Organizational houses 1/3 occupants 1/6 occupants
Residential care facilities
All, except care homes (6 or fewer) 1/5 beds 1/10 beds
Family Care Homes, 7 or more 2/house in enclosed garage 1/10 beds Rooming and boarding houses 1/3 occupants ———
Senior residential projects ½/2 units 1/10 units
Single- familyunit dwellings 2/house in enclosed garage ——— Townhouses 1 covered/unit, except in the
Downtown Core, ½/unit
———
Triplexes 1/unit, except in the Downtown Core,
½/unit
———
Fourplexes 1/unit, except in the Downtown Core,
½/unit
———

RETAIL TRADE
Uses Gross Floor Area Space(s)/sq. ft. Other/Additional Spaces All uses listed under "Retail
TradeCommercial, Business, and
Service Uses" on Table 2-2, except
for the following, or otherwise listed in
this table:
1/250 ———
Alcoholic beverage sales
Bars and nightclubs with dancing or
live entertainment
1/150 ———
Auto and vehicle sales—New 1/2,000 sq. ft. of outdoor sales and storage area
Auto and vehicles sales—Used 1/2,000 sq. ft. of outdoor sales and storage area
Auto and vehicle leasing/rental 1/2,000 sq. ft. of outdoor sales rental and storage area
Convenience stores 1/150 ———
Furniture, furnishings, and appliance
stores
1st 5,000 sq. ft.—1/500
Over 5,000 sq. ft.—1/1,000
———
Nurseries and garden supply stores 1/250 1/2,000 sq. ft. outdoor sales and storage
Restaurants
Table service 1/200 ———
Fast food/take out 1/100 ———
With dancing or live entertainment 1/150
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TABLE 3-9 PARKING REQUIREMENTS BY LAND USE
Number of Spaces Required
Shopping centers
Regional (400,000 sq. ft. or more) 1/200 up to 400,000 sq. ft. + 1/ 250 over 400,000
———

SERVICES
Uses Gross Floor Area Space(s)/sq. ft. Other/Additional Spaces All uses listed under "Commercial,
Business, and Service UsesService"
on Table 2-2, except for the following
or otherwise listed in this table:
1st 50,000 sq. ft.—1/200 ———
Over 50,000 sq. ft.—1/500
Adult day care facilities 1/500 2 spaces for drop off
Animal services
Kennels and boarding facilities 1/500 1/800 boarding area Grooming 1/400 ———
Training facilities 1/500 ———
Auto/vehicle services
Car washes—Full service ——— 3 spaces/wash lane; Separate parking for ancillary uses
Car washes—Self-service ——— 1 space
Fueling stations 1/400 ———
Inoperable vehicle storage ——— 2/facility
Maintenance/minor repair 1/400 ———
Major repair/body work 1/400 ———
Parking facilities, public ——— None
Vehicle storage, other than marinas 1/200 of office 2/facility Auto rental 1/400 1/rental space
Cannabis retailer – non-storefront
(delivery only)
1/250 1/2,000 for storage, employee break
rooms, equipment rooms, offices, and
circulation corridors
Cannabis retailer – storefront 1/250 1/2,000 for storage, employee break rooms, equipment rooms, offices, and
circulation corridors
Child care
Child day care centers ——— 1/employee + drop-off space
Large family child care homes ——— Per Section 16.80.100 Small family child care homes ——— ———
Equipment rental 1/250 ———
Funeral services
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TABLE 3-9 PARKING REQUIREMENTS BY LAND USE
Number of Spaces Required
Cemeteries ——— Per use permit
Mortuaries 1/50 OR 1/4 fixed seats
Crematorium 1/50 OR 1/4 fixed seats
Health/fitness facilities 1/250 Ancillary activities as otherwise designated
Lodging facilities
Bed and breakfast ——— 1/room + 1 for manager
Extended-stay facilities ——— 1/guest room + 4 + ancillary Co-living (lodging facility) ——— 1/2-space/guest room
Single room occupancy facilities
(SRO)
——— 1/2-space/guest room
Hotels and motels ——— 1/guest room + 4 + ancillary
Medical Services
Extended care ——— 1/2-space/bed
Hospitals ——— 2/bed
Personal services
Restricted 1/250 ———
Unrestricted 1/250 ———
Repair services 1/250 ———
Social services facilities ——— Per use permit
Transitional housing 1/2 beds
Storage facilities
Personal storage facilities (ministorage)
——— 4 spaces

TRANSPORTATION, AND COMMUNICATION, AND UTILITY USES
Uses Indoor Gross Floor Area Space(s)/sq.
ft.

Other/Additional Spaces
Broadcasting studios 1/200 indoor space ———
Communication facilities ——— 1 space
Transit stations and terminals 1/250 indoor space
Vehicle and freight terminals 1/250 indoor space 1/bay

OTHER USES
Uses Gross Floor Area Space(s)/sq. ft. Other/Additional Spaces Live/work facilities ——— 2 covered/unit + 1/unit for customer or guest
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TABLE 3-9 PARKING REQUIREMENTS BY LAND USE
Number of Spaces Required
Major impact facilities ——— Per use permit
Motion picture production 1/500 indoor space Ancillary use requirements Multi-use facilities ——— Aggregate of requirements for specific uses in the multi-use
Public institutions 1/200 ———
Public and semi-public utility facilities ——— 1 space
Signs-Off premises ———
Transit-Oriented Development No minimum if within ¼ mile of station Notes

1. Exemptions for parcels within a parking assessment district per Section16.64.060 (Ord. 2020-12-01-1502 C.S. § 20; Ord. 2019-07-16-1504 C.S. § 5; Ord. 2019-03-05-1501 C.S. § 5; Ord. 011-11 C.S. § 1, eff. 10-27-11; Ord. 015-09 C.S., eff. 12-3-09; Ord. 001-08 C.S. § 8; Ord. 023-07 C.S. §§ 44, 45; prior code § 16-345.040)

16.64.110 Off-street loading space standards.

A. Number of Loading Spaces Required. Nonresidential uses with less than 5,000 square feet of gross floor area shall provide one (1) off-street loading space, which may be combined with an off-street parking space. Nonresidential uses with 5,000 square feet of floor area or more shall provide off-street loading space(s) in compliance with Table 3-11.

Requirements for uses not specifically listed shall be determined by the Director based upon the requirements for comparable uses and upon the particular characteristics of the proposed use.

TABLE 3-11 REQUIRED LOADING SPACES
Type of Land Use Total Gross Floor Area Loading Spaces Required Manufacturing, research and
development, institutional, and service
uses
10,000—30,000 sq. ft. One
30,001 + sq. ft. One for each additional 20,000 sq. ft., plus additional as required by
Director.

Office uses 35,000 to 70,000 sq. ft. One
70,001 + sq. ft. One for each additional 35,000 sq. ft., plus additional as required by
Director.

Commercial and other allowed uses 10,000 to 20,000 sq. ft. One 1216
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TABLE 3-11 REQUIRED LOADING SPACES
Type of Land Use Total Gross Floor Area Loading Spaces Required 20,001 + sq. ft. One for each additional 10,000 sq. ft., plus additional as required by
Director.

B. Development Standards for Off-Street Loading Areas. Off-street loading areas shall be provided in the following manner:

1. Dimensions. Loading spaces shall be not less than 10 feet in width, 25 feet in length, with 14 feet of vertical clearance;

2. Lighting. Loading areas shall have lighting capable of providing adequate illumination for security and safety. Lighting sources shall be shielded to prevent light spill beyond the property line. Lighting standards shall be energy-efficient and in scale with the height and use of adjacent structure(s). Lighting shall meet the requirements for light and glare illumination (Section 16.3236.060095);

3. Plans. 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 located and designed as follows:
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 as much as possible,
c. Situated to ensure that loading and unloading takes place on-premises and in no case within adjacent public rights-of-way or other traffic circulation areas on-premises,
d. Situated to ensure that vehicular maneuvers occur on-premises, and e. Situated to avoid adverse impacts upon neighboring residential properties;

5. Screening. Loading areas abutting residentially zoned parcels shall be screened in compliance with Section 16.36.100 (Screening and buffering); and

6. Striping. Loading areas shall be striped indicating the loading spaces and identifying the spaces for “loading only.” The striping shall be permanently maintained by the property owner/tenant in a clear and visible manner at all times.

7. Downtown and the Magnolia Historic District. New construction in the downtown or Magnolia historic district shall provide off-street loading spaces in compliance 1217
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with this section. The use or reuse of an existing structure shall not require any additional off-street loading spaces. (Ord. 2020-12-01-1502 C.S. § 25; prior code § 16-345.110)
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Chapter 16.68 Planned Development (Permit) Standards

16.68.010 Purpose.

The purpose of this chapter is to provide standards for applicants that desire to develop under the provisions of planned development permits (Chapter 16.144). The standards in this chapter are intended to promote quality design and innovative site planning consistent with the goals and policies of the General Plan. The planned development standards promote high quality development that incorporates amenities beyond those expected under conventional development, to achieve greater flexibility in design, to encourage well-planned projects through creative and imaginative planning, and to provide for the appropriate use of land that is sufficiently unique in its physical characteristics or other circumstances to warrant special consideration of development standards. (Prior code § 16-350.010)

16.68.020 Applicability.

The provisions of this chapter apply to development in any zoning district in compliance with the application requirements in Chapter 16.144 (Planned Development Permits). Strict compliance with the purpose and intent of the General Plan shall be required, and only uses allowed in the zoning district for which the planned development is proposed shall be allowed. (Prior code § 16- 350.020)

16.68.030 Development standards.

A. General Standards for All Projects. The following development standards shall apply to all developments subject to a planned development permit.

1. Size. A minimum site of two (2) acres, exclusive of public rights-of-way, shall be required. This requirement may be waived or reduced by the Commission, or on appeal by the Council, if the approving body finds that the waiver is necessary in order to achieve a superior project given the unique attributes of the site, its setting, or surrounding conditions, and that the project will meet the purpose and intent of this chapter.

2. Application to Site. A planned development permit may apply to a site that consists of more than one (1) parcel, provided the original parcels are contiguous to one another and not separated by a major collector or minor/major arterial street.

3. Setback Requirements. Structure setbacks, with the exception of outer perimeter front, side, and rear side yard setback provisions for perimeter landscaping may 1219
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deviate from the setback standards identified in this Development Code and shall conform to the approved planned development permit.

4. Site Coverage. The site coverage for residential or nonresidential zoning districts may deviate from the standards of this Development Code.

5. Frontage and Area Requirements. The frontage and area per lot requirements for residential and nonresidential zoning districts may deviate from the regulations of this Development Code.

6. Height Limits. The height of structures may deviate from the height standards of this Development Code, provided that any nonresidential structure adjacent to a residential zone is set back a distance equal to the height of the nonresidential structure from the property line between the parcels.

7. Open Space Requirements. In addition to the requirements for residential and nonresidential, below, the following open space requirements apply to all planned development permits:
a. Open space shall be designed as a major element of the project; b. Open space shall be located to take advantage of, and to help preserve, existing natural amenities (e.g., trees, topographic features, waterways, and views);
c. Open space shall generally be clustered to create larger scale open spaces, but shall also be used to buffer incompatible uses and to provide corridors of space around and within developed areas to achieve a spacious character and convenient linkage to all parts of the site; d. All landscaped areas shall be designed, installed, and irrigated in compliance with Chapter 16.56 (Landscaping Standards);
e. Open space areas shall not include streets, whether public or private, offstreet parking or landscaping required for the parking lot, access drives, loading areas, or area(s) covered by structures;
f. The location of all open space, including any off-premises locations, shall be identified on appropriate plans; and
g. The Commission may modify any open space requirement (subsection(B)(3) of this section (Residential projects—Common open space requirements) and subsection (C)(2) of this section (Nonresidential projects—Common open space requirements)) after considering the general purpose and nature of the project. If the open space requirement is modified, another amenity(s) shall be provided (subsection (B)(4) of this 1220
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section (Residential projects—Amenities) and subsection (C)(3) of this section (Nonresidential projects—Amenities)).

8. Maintenance of Common Areas. The applicant shall provide for the permanent maintenance of all common area(s), including open space areas, within the development. The applicant shall provide the following:
a. A plan showing all common areas and areas to be dedicated to/for public and/or private use; and
b. If the development consists of:
i. Only one (1) parcel, a plan for maintenance, or
ii. More than one (1) parcel, a plan for maintenance and a mandatory homeowners’ association to provide permanent maintenance of the common area. If the homeowners’ association defaults, the City reserves the right to form a mandatory maintenance district.

9. Limitations. The Commission shall have the authority to define and limit the requirements for each approved land use within the area covered by the approved planned development permit.

10. Distinct. All standards apply to each individual planned development permit, and off-site improvements and amenities cannot be used to meet any of the requirements for a specific, individual planned development permit.

11. Requirements and Standards. Unless clearly stated otherwise in the approved planned development permit, the provisions, regulations, requirements, and standards governing the development and on-going operation of the site covered by the planned development permit shall be in compliance with this Development Code.

12. Development Phasing. If the project would be phased, the applicant shall submit a schedule indicating the development schedule for the project, including open space and amenities.
a. Projects developed in phases shall be designed so that each successive phase would contain open space and amenities to independently qualify under the provisions of subsection (A)(7) (Open space requirements). b. If the proposed project would be developed with a series of planned development permits for smaller areas within the site, a master planned development permit shall be prepared for the site. It shall show the location and type of open space and amenities and the location and type of development to be proposed.
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B. Residential Projects. In addition to the general standards listed above, the following standards shall apply to residential projects:

1. Housing Types and Number. The type of housing allowed in a planned development may include a variety of housing types, including single- familyunit dwellings, duplexes, triplexes, townhouses, and multi familyunit. The number of allowable dwelling units on each parcel may exceed the number allowed within the specific zoning district as identified in Table 2-3Chapter 16.24 (Zoning District Development Standards), provided:
a. Multiple Parcels. In the case of multiple parcels, that the number of units in the entire project does not exceed the maximum allowable density for the zoning district as identified in Table Chapter 16.242-3; or b. Two (2) or More Zoning Districts. If the site contains two (2) or more residential zoning districts, that the number of units in the entire project does not exceed the maximum cumulative number of dwelling units permitted for the entire project.

2. Parking Requirements. Parking shall comply with the required parking standards in Chapter 16.64 (Off-street Parking and Loading Standards). Projects consisting of both residential and nonresidential uses may deviate from parking standards.

3. Landscape and Common Open Space Requirements. At least 20 percent of the gross property area shall be reserved for, and devoted to, landscaped areas and useable common open space area(s), (e.g., greenbelts, lawns, riparian corridors, and pedestrian trails), excluding public parks. The required maintenance entity shall only be required to maintain the landscape and open space areas that are required for the project by this Development Code.

4. Amenities. One (1) or more amenities shall be provided with each project subject to a planned development permit. Examples of amenities that may be provided include recreation facilities, community meeting halls, parks and play fields, tot lots, swimming pools, enhanced right-of-way treatments, special identity architectural elements, water features, and similar amenities of a permanent nature.

5. Accessory Uses. Accessory commercial and service uses limited to no more than 10 percent of the project may be a component of a residential planned development project to provide daily necessities. Uses allowed include beauty/barber shops, postal facilities, quick copy shops, general stores, drug store/pharmacy, or other uses clearly intended for the convenience of residents.

6. Maintenance. The developer of a residential project shall establish a homeowner’s association for the purpose of maintaining common areas and enforcing the CC&Rs.
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C. Nonresidential Projects. In addition to the general standards provided in subsection A of this section (General standards for all projects), the following standards shall apply to nonresidential projects.

1. Parking Requirements. The number and design of off-street parking areas may deviate from the parking standards identified in this Development Code.

2. Common Open Space Requirements. At least 20 percent of the gross property area in all nonresidential developments shall be reserved for, and devoted to, landscaped and useable pedestrian-oriented open space area(s). Open spaces may include courtyards, landscaped gardens, outdoor dining areas, plazas, and water features; but shall not include parking.

3. Amenities. One (1) or more amenities shall be provided with each project subject to a planned development permit. Examples of amenities that may be provided include community facilities (e.g., community center, post office), public plazas with enhanced pedestrian amenities, (e.g., water features, seating, landscaping), vehicle and/or pedestrian connections to adjacent uses/neighborhoods, unique architectural features (e.g., clock tower), water fountains, and similar amenities of a permanent nature.

4. Signs. All nonresidential signs shall be part of a comprehensive sign program in compliance with Section 16.76.050 (Comprehensive sign program).

5. Accessory Uses. Accessory commercial and service uses limited to no more than a total of 20 percent of the project may be a component of an industrial planned development project to provide convenience items and services. Uses allowed include beauty/barber shops, postal facilities, quick copy shops, general stores, drug store/pharmacy, eating establishments, banking facilities, or other uses clearly intended for the convenience of area workers. (Ord. 015-09 C.S., eff. 12-3- 09; Ord. 023-07 C.S. §§ 51—53; prior code § 16-350.030)

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Chapter 16.72 Public Improvements
(Consistency edit to section 16.72.080)

16.72.080 Subdivision design and improvement requirements.

A. Applicability of Design and Improvement Standards. The requirements of this chapter apply to subdivisions and single-lot development, in addition to all applicable requirements of this Development Code, as follows:

1. Extent of Required Improvements. All subdivisions shall provide the improvements required by this chapter, and any additional improvements required by conditions of approval.

2. Applicable Design Standards, Timing of Installation. The subdivider shall construct all on- and off-site improvements according to standards approved by the City Engineer. No final map shall be presented to the Council or parcel map for four (4) or fewer parcels to the City Engineer for approval until the subdivider either completes the required improvements, or enters into an agreement with the City for the work.

3. Subdivision Improvement Standards—Conditions of Approval. The applicable subdivision improvement and dedication requirements of this chapter and any other improvements and dedications required by the Review Authority in compliance with Section 16.188.050 (Review and decision), shall be described in conditions of approval adopted for each approved tentative map (Section

16.188.070). The design, construction or installation of all subdivision improvements shall comply with the requirements of the City Engineer.

4. Conflicting Provisions. In the event of any conflict between the provisions of this chapter and other provisions of this Development Code, or other provisions of the Municipal Code, the most restrictive provisions, as interpreted by the Director, shall control. In the event of any conflict between the provisions of this chapter and the Map Act, the Map Act shall control, as interpreted by the Development Review Committee (DRC).

5. Limit to Required Improvements—Four (4) or Fewer Parcels. As required by Map Act Section 66411.1, improvements required for subdivisions of four (4) or fewer parcels shall be limited to the dedication of rights-of-way, easements, and the construction of reasonable offsite and onsite improvements for the parcels being created.

6. Oversizing of Improvements. At the discretion of the Review Authority, improvements required to be installed by the subdivider for the benefit of the 1224
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout) 193
subdivision may also be required to provide supplemental size, capacity, number, or length for the benefit of property not within the subdivision, and may be required to be dedicated to the City, in compliance with Article 6, Chapter 4 of the Map Act.

In the event that oversizing is required, the City shall comply with all applicable provisions of Map Act Sections 66485 et seq., including the reimbursement provisions of Map Act Section 66486.

B. Monuments. The subdivider shall install monuments in compliance with Chapter 16.208 (Surveys and Monuments), and the Map Act.

C. Parcel and Block Design. The size, shape, and arrangement of proposed parcels shall comply with this section or with any General Plan policy, applicable specific plan, precise road plan, or master development plan requirements; utility master plans; the City’s standards specifications and plans; other provisions of this Development Code; and Municipal Code provisions applicable to a proposed subdivision.

1. Parcel Area. The minimum area for new parcels shall be as required by Division 2 (Zoning Districts and Allowable Land Uses), except as otherwise provided by this section.
a. Calculation of Area. When calculating the area of a parcel to determine compliance with this section, Table 2-3Chapter 16.24 (Zoning District Development Standards), or the General Plan, the following shall be deducted from the gross area of any parcel, regardless of whether they may be used by the general public or are reserved for residents of the subdivision:
i. A vehicular or nonvehicular access easement through the parcel; or
ii. An easement for an open drainage course, whether a ditch, natural channel or floodway.
b. Minimum Lot Area Requirements for Common Interest Projects. The minimum lot area requirements of Division 2 (Zoning Districts, Allowable Land Uses and Zone-Specific Standards) shall not apply to condominiums and condominium conversions, planned developments, townhouses, zero lot line, and similar projects, but shall apply to the creation of the original parcel or parcels that are the location of the common interest development.

2. Frontage. The frontage of new parcels shall comply with the applicable provisions of Division 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), and the City’s standard specifications and plans or as otherwise required by the Review Authority.
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3. Parcel and Block Configuration. The layout of proposed parcels and streets shall be designed to use land efficiently, mitigate environmental impacts, and minimize site disturbance in terms of cuts and fills and the removal of significant vegetation.

For residential development, the following shall apply:
a. Double-Frontage Lots. Parcels with streets along more than one (1) side shall be prohibited, unless necessitated by topographical or other physical conditions, and where access to all but one of the roads is prohibited. b. Block Length.
i. Residential. The length of a residential block shall not exceed 900 feet.
ii. Nonresidential. The length of a nonresidential block is not limited.

4. Driveway Standards. Proposed parcels shall be designed to accommodate driveways designed in compliance with Section 16.36.030 (Access—General).

D. Residential Density. The maximum number of dwelling units permitted within a proposed subdivision shall not exceed the density established by the General Plan for the site and the maximum number of dwelling units permitted on a net acre of land by the applicable zoning district by Division 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards). This may be further restricted by considerations of safety, traffic access or circulation, the physical suitability of the site, the nature or extent of existing development, the availability of public facilities, utilities, or open spaces or any other provision of this Development Code.

E. Wells and Septic Tanks. Any on-site wells and septic tanks shall be abandoned and destroyed before recordation of any final map or parcel map. Standards for abandonment and destruction shall be in compliance with the requirements of the San Joaquin County Department of Environmental Health.

F. Easements. No permanent structure(s) or utilities shall be allowed in an easement without the express permission of all who have a right to that easement.

G. Homeowner’s Association.

1. The owners, developers, and/or successors-in-interest shall be responsible for the establishment of a Homeowner’s Association and covenants, conditions, and restrictions (CC&Rs) for all single- familyunit subdivisions of five (5) or more lots to maintain all landscaping, structures, and walls/fences on the private properties and common areas within the subdivision area.
a. The CC&Rs shall be subject to review and approval by the City Attorney and the Director before their recordation.
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b. The owners, developers, and/or successors-in-interest shall be responsible for the recordation of the CC&Rs and payment of the recording expenses prior to or in conjunction with the recordation of any final map for the subdivision.
c. The City shall be declared to be a third-party beneficiary of the CC&Rs and shall be entitled, without obligation, to take appropriate legal action to enforce the CC&Rs.

2. Before the recordation of any small lot final map (or concurrently with the formation of a Homeowner’s Association), the owners, developers, and/or successors-ininterest shall establish a maintenance entity acceptable to the City to provide funding for the maintenance of, and if necessary replacement at the end of the useful life of, improvements, including common area landscaping, parks, pocket parks, access lots, landscaping in the right-of-way, streetlights, soundwalls and/or back-up walls, and all “Improvements” serving, or for the special benefit of, this subdivision. (Ord. 015-09 C.S., eff. 12-3-09; Ord. 001-08 C.S. § 16; Ord. 023-07 C.S. § 56; prior code § 16-355.080)
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Chapter 16.80 Standards For Specific Uses

16.80.010 Purpose and applicability.

This chapter provides site planning and development standards for a variety of specified land uses. (Prior code § 16-365.010)

16.80.020 Accessory uses and structures.

This section provides standards for accessory uses and structures.

A. Residential. Accessory uses shall be incidental to and not alter the residential character of the site. Provides standards for accessory uses and structures that are customarily related to a residence, (e.g., garages, greenhouses, storage sheds, studios, above ground swimming pools/spas, and workshops).

1. Relationship of Accessory Use to the Main Use. Accessory uses and structures shall be incidental to and not alter the residential character of the site.

2. Attached Structures.
a. An accessory structure that is attached to a main structure shall be compatible with, and made structurally a part of, the main structure (e.g., share a common wall with the main structure, rely partially on the main structure for structural support, or be attached to the main structure at a minimum of four (4) points within 20 feet).
b. An attached accessory structure shall comply with the requirements of this Development Code applicable to the main structure, including setbacks, heights, and lot coverage.
c. Construction and the use of materials and colors shall be compatible with the main structure whenever feasible.

3. Detached Structures.
a. Coverage. The floor area of a detached accessory structure or that portion of the detached accessory structure that is located within the setback area shall not exceed 50 percent of the required rear yard (the rear setback area) of the parcel in compliance with Table 2-3 (Zoning District Development Standards). Accessory structures shall be included in the calculation for the coverage of the entire site in compliance with Table 2-3. b. Height Limit. Detached accessory structures shall not exceed a height of 15 feet, except detached tool sheds located within a required side yard, 1228
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and chicken/duck enclosures in compliance with Section 16.80.060, which shall not exceed a height of seven (7) feet from grade. Flagpoles are limited to 15 feet within the setback area in compliance with Section

16.36.090(B)(6) (Flagpoles).
c. Materials and Color. Detached accessory structures shall be compatible with the materials and color of the main dwelling(s) on the property whenever feasible.
d. Separation Requirements. Detached accessory structures on a single parcel shall be separated from the main structure and other structures by five (5) feet or more, as required, except as allowed by the California Building Standards Code.
e. Distance Requirements. A detached accessory structure shall be set back at least the distance from the property line required in Table 3-13 (Distance Requirements—Detached Residential Accessory Uses and Structures), except for the following:
i. Side Yard. Accessory structures may only be allowed within one (1) required side yard, provided that side yard has at least a three (3) foot walkway between the front and rear yards that is open and unobstructed from the ground upward, in compliance with Section

16.36.110(D)(1)(b). See Figure 3-27 (Distance Requirements for Accessory Structures).
ii. Hot Tubs and Swimming Pools/Spas. The setbacks for hot tubs and swimming pools/spas shall be measured from the property line to the inside (water side) wall of the hot tub, swimming pool, or spa, and the hot tub, swimming pool, or spa shall be subject to the following:
(1) Under 30 Inches.
(a) Above Ground. Above ground hot tubs, pools and
spas less than 30 inches above finish grade are
exempt from rear and side setback requirements.
(b) In Ground. In ground swimming pools or other
recreational pools may be located in a required side
or rear yard, subject to a three (3) foot setback in
compliance with Table 3-13 (Distance
Requirements—Detached Residential Accessory
Uses and Structures) and the applicable building
and health codes.
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(2) 30 Inches and Over. Hot tubs and swimming pools/spas that are placed directly upon the finish grade, and which equal or exceed a height of 30 inches above the surrounding finish grade at any point, may be located in a required side or rear yard, subject to a three (3) foot setback in compliance with Table 3-13 (Distance Requirements—Detached Residential
Accessory Uses and Structures) and the applicable building and health codes.
iii. Equipment for Hot Tubs, Swimming Pools, and Spas. Equipment for hot tubs, swimming pools, and spas shall be three (3) feet from the side and rear property lines in compliance with Table 3-13 (Distance Requirements—Detached Residential Accessory Uses and Structures), except for equipment that is:
(1) Muffled by a sound barrier; or
(2) Less than six (6) feet in height and located adjacent to a solid fence or wall at the rear property line.
iv. Garages/Carports. Garages, carports, and other portable vehicle covers or shelters, permanent or temporary, shall be in compliance with Table 3-13 (Distance Requirements—Detached Residential Accessory Uses and Structures), except for the front yard setback of side-entry garages which shall be 15 feet. Garages and carports in multifamily projects shall not directly face an abutting public street.
v. Landscape Ponds/Design Elements. Landscape ponds, including pumps, and other design elements (arbors, statuary, benches, lights, etc.) may be located in a required front, side, or rear yard, subject to the applicable building and health codes.
vi. Fences, Hedges, and Walls. Fences, hedges, and walls shall be in compliance with Chapter 16.48 (Fences, Hedges, and Walls).

TABLE 3-13 DISTANCE REQUIREMENTS—DETACHED RESIDENTIAL ACCESSORY USES AND STRUCTURES *See Section 16.80.020 for exceptions
Residential Uses
Detached Accessory
Use/Structure
Type Required Distance from Property Line
Single-Family, Duplexes,
and Triplexes
Multifamily
Stationary emergency
generators
Front
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Side, rear
Street, side
Air conditioning equipment,
water softener, water heater
except as provided in
Section

16.80.020(A)(3)(e)(i)
Front
Side, rear
Street, side
Garage, carport, portable
vehicle covers or shelters,
except as provided in
Sections

16.80.020(A)(3)(e)(iv) and

16.36.110(F)
Front 20 feet 20 feet
Side 3 feet Same as main structure
Street side 20 feet 20 feet
Rear 3 feet; if entrance faces
right-of-way—20 feet
Same as main structure
Alley 10 feet from alley 10 feet from alley
Flagpoles in compliance
with Sections

16.36.090(B)(6) and

16.80.020(A)(3)(b)
Front 5 feet 5 feet
Side 3 feet 3 feet
Street side 5 feet 5 feet
Rear 3 feet 3 feet
Hot tubs, spas, swimming
pools, except as provided in
Section

16.80.020(A)(3)(e)(ii)
Front Same as main structure Same as main structure
Side 3 feet 3 feet
Street side Same as main structure Same as main structure Rear 3 feet 3 feet
Hot tub, pool and spa
equipment, except as
provided in Section

16.80.020(A)(3)(e)(iii)
Front Same as main structure Same as main structure
Side, rear 3 feet 3 feet
Street side Same as main structure Same as main structure All other accessory
structures, including
gazebo, greenhouse,
storage shed, workshop,
pool house, patio cover,
Front Same as main structure Same as main structure
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outdoor play equipment,
recreational court, stationary
barbeque, fire pit. Sections

16.80.020(A)(3)(e)(i) and

16.76.110(F).

Side 3 feet Same as main structure
Street side Same as main structure Same as main structure Rear 3 feet Same as main structure
Alley 10 feet from alley 10 feet from alley
FIGURE 3-27 DISTANCE REQUIREMENTS FOR

DETACHED ACCESSORY STRUCTURES
B. Nonresidential. Provides standards for accessory uses and structures that may be related to nonresidential uses.

1. Amusement Devices. Amusement devices, as defined in Division 8 (Glossary), shall only be allowed in compliance with Section 16.80.050 (Amusement devices).

2. Containerized Storage Units. Containerized storage units, as defined in Division 8 (Glossary) shall only be allowed as follows:
a. Standards.
i. Commercial. Permanent containerized storage units are prohibited.

Temporary units may be allowed subject to a temporary activity permit (Chapter 16.164).
ii. Industrial. Temporary and permanent containerized storage units shall be allowed in compliance with the requirements of this Development Code for primary structures, including the following:
(1) Screening. All containerized storage units shall be screened from public rights-of-way in compliance with Section

16.36.100 (Screening and buffering); and
(2) Parking. The containerized storage unit shall be included in determining the parking requirements for the primary use in compliance Chapter 16.64 (Off-Street Parking and Loading Standards).
iii. Residential. Containerized storage units shall be prohibited in residential zoning districts.
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b. Modifications. Any modification or permanent attachment to the ground shall be subject to the requirements of this Development Code, the Municipal Code, the California Building Standards Code, standard plans and specifications, and design review.

3.2. Short-term Accessory Outdoor Sales—Motorized Mobile Sales and Services, NonMotorized Mobile Sales, and Motorized Food Wagons. a. General. All short-term accessory outdoor sales shall comply with the following:
i. Be limited to one per parcel and have a floor area that is less than 25 percent of the floor area covered by the primary use; ii. Obtain a valid city business license;
iii. If food or drink is served, comply with the requirements of the San Joaquin County Environmental Health Department;
iv. If alcohol is served, comply with the requirements of Title 16 and Alcohol and Beverage Control;
v. Be located on pavement per City standards;
vi. Not utilize, or be located on, parking spaces required for the primary use;
vii. Not interfere with access, aisles, circulation, driveways, or fire lanes and shall not operate in a place where the operation will create a traffic hazard;
viii. Temporary outdoor sales located within a public park are subject to a special events permit pursuant to Chapter 12.72.
ix. Short-term accessory outdoor sales located in the public right-ofway are subject to Title 5. b. Motorized Food Wagons. Motorized food wagons, as defined in Division 8, shall be allowed as an outdoor accessory use in a commercial and industrial zoning districts in compliance with the following:
i. Be limited to one per parcel and have a floor area that is less than 25 percent of the floor area covered by the primary use; ii. Be accessory to a primary use excluding auto/vehicle services:
inoperable vehicle storage, auto/vehicle services: parking facilities, auto/vehicle services: vehicle storage;
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iii. Use of motorized food wagons during events, shall be permitted subject to Chapter 16.164 (Temporary Activity Permits) or Chapter

12.72 (Special Event Permit).
iv. Use of a public right-of-way shall be allowed in compliance with Section 5.72.060 of the Municipal Code.
c. Motorized Sales and Services. Motorized sales and services, as defined in Division 8, shall be allowed as an outdoor accessory use in a commercial and industrial zoning districts in compliance with the following:
i. Be limited to one per parcel and have a floor area that is less than 25 percent of the floor area covered by the primary use; ii. Be accessory to a primary use excluding auto/vehicle services:
inoperable vehicle storage, auto/vehicle services: parking facilities, auto/vehicle services: vehicle storage;
iii. Use of motorized sales and services during events, shall be permitted subject to Chapter 16.164 (Temporary Activity Permits) or Chapter 12.72 (Special Event Permit).
iv. Use of a public right-of-way shall be allowed in compliance with Section 5.72.060 of the Municipal Code.
d. Non-Motorized Mobile Sales. Non-motorized mobile sales, as defined in Division 8 (Glossary), shall be allowed as an outdoor accessory use in public facility and commercial zoning districts, in compliance with the following:
i. Provide sufficient room surrounding any merchandise display to allow for accessibility and to meet fire codes and ADA
requirements;
ii. Not interfere with pedestrian movement or create a pedestrian hazard;
iii. Use of a public right-of-way shall be allowed in compliance with Section 5.08.280 of the Municipal Code.
e. Temporary Non-Mobile Sales. Temporary non-mobile sales, as defined in Division 8, shall be allowed as an outdoor accessory use in public facility and commercial zoning districts in compliance with the following:
i. Temporary non-mobile sales are limited to occurring no more than eight days per calendar year. For a time period greater than eight 1234
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days, a temporary activity permit will be required subject to the restrictions of Chapter 16.164.
ii. Temporary non-mobile sales in public right-of-way shall be subject to Title 5.
f. Christmas Tree/Holiday Sales Facilities. Temporary Christmas tree, pumpkin patch, and other holiday sales shall operate consistent with Section 16.80.110 (Christmas tree/holiday sales facilities)

4. Outdoor Phone Booths. Outdoor phone booths shall only be allowed in compliance with the Municipal Code.

5.3. Retail/Service. Provides standards for accessory uses and structures allowed in the RH and CO zoning districts. Accessory uses include any use that is customarily incidental to the main use and provides an accessory service, including lunchrooms, prescription pharmacies, and beauty and barber shops, to serve occupants and patrons of the main use, subject to the following requirements:
a. Shall be incidental to and not alter the residential or office character of the site;
b. All goods or services shall be displayed, dispensed, and stored solely within the structure;
c. Shall not exceed 25 percent of the structure area; and d. Shall be developed in compliance with the building envelope standards for the main structure.

C. Other. Other accessory uses and structures including stationary outdoor barbeques shall be subject to the following:

1. The accessory uses are allowed if:
a. The accessory use is identified in Table 2-2 (Allowed Land Uses and Permit Requirements) as an allowed use if it were a primary use; or b. The accessory use or structure is:
i. Incidental to the primary use;
ii. Has a floor area that is less than 25 percent of the floor area covered by the primary use;
iii. Has an overall site area that is less than 10 percent of the overall site covered by the primary use;
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iv. In the opinion of the Director, would not have a substantial, adverse effect on adjacent property;
v. Not located in a required setback area, except as provided for in Section 16.36.120 (Site coverage measurements and exceptions); vi. Not adversely impacting circulation or increase the required number of parking spaces; and
vii. Would comply with existing requirements of agencies having jurisdiction and other appropriate regulatory agency.

2. For those accessory uses that do not meet the requirements of subsection (C)(1) of this section, the level of review for the accessory use shall be the same as the level of review required for the primary use. (Ord. 2020-12-01-1502 C.S. § 29; Ord. 2020-09-15-1501 § 8; Ord. 2020-06-09-1501 C.S. § 19; Ord. 2014-07-29-1601 C.S. § 3; Ord. 015-09 C.S., eff. 12-3-09; Ord. 001-08 C.S. §§ 19, 20; Ord. 023-07 C.S. §§ 79—82; prior code § 16-365.020)

16.80.060 Animal regulations.

The purpose of this section is to ensure that the raising and maintenance of animals does not create an adverse impact on adjacent properties by reason of dust, noise, visual blight, odor, fumes, bright lights, or insect infestations.

A. Pre-Existing Uses. Any legally established nonconforming animal-keeping use that became nonconforming upon adoption of this Development Code, shall be allowed to continue subject to Chapter 16.228 (Nonconforming Uses, Structures, and Parcels).

B. Existing Lots of Record. Animals may be kept on legally established lots of record, even if less than the minimum lot size referenced in Table 3-14, subject to compliance with setback regulations of the underlying zoning district and the requirements of this Development Code.

C. Uses Not Allowed. Live hogs, swine, shoats, pigs, pot-bellied pigs, roosters, cockerels, and wild animals (as defined in Section 6.04.020 of the Municipal Code) shall not be permitted within the corporate limits of the City, except as exempt under Chapter 6.04.480 of the Municipal Code.

D. Allowed Uses. Animal-keeping uses allowed in Division 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), shall comply with the standards provided in Table 3-14, and with all other standards and requirements of this section and this Development Code and with all other applicable sections of the Municipal Code. 1236
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E. Animal-Keeping Standards. The standards in Table 3-14 shall apply to all animal-keeping uses.

TABLE 3-14 ANIMAL-KEEPING STANDARDS
Type of Animal Maximum Number of
Animals per Site
Minimum Lot Size Setback from Property
Lines
Zoning Districts
Aviary (raising for
commercial purposes)
50 birds per acre 1/2 acre 50 feet IL, IG
Cats or dogs Total of 3 cats and/or
dogs over the age of 4
months
None None All
Chinchilla, hamsters,
guinea pigs, cavy and
similar small animals
(raising for
commercial purposes)
100 per acre 1/2 acre 50 feet IL, IG
Small household pets
(e.g., birds,
domesticated rodents,
homing pigeons,
nonpoisonous reptiles
other than snakes)
Any combination
totaling 10
None None All
Aquariums Unlimited None None All
Poultry, fowl (e.g.
chickens, ducks) (not
including roosters or
cockerels)

Commercial/farm 150 animals per acre 1/2 acre 5 feet RE, IG, OS Residential (hobby) 4 per 5,000 square
feet
5,000 square feet 5 feet RL, RM, RH
Market
garden/urban farm
4 per 5,000 square
feet
5,000 square feet 5 feet CO, CN, CD, CL, IL
Market
garden/urban farm
Subject to District approval PT
Dog kennels,
catteries, animal
shelters, and dog and
cat breeding facilities.

Subject to
Commission use
permit
1/2 acre 50 feet RE, IL, IG
Horses, cows, bison,
or similar sized
animals

Commercial/farm Subject to an
administrative use
permit
1 acre 100 feet RE, IG
Residential (hobby) 1 per 10,000 square
feet
12,000 square feet 50 feet RE, OS
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TABLE 3-14 ANIMAL-KEEPING STANDARDS
Type of Animal Maximum Number of
Animals per Site
Minimum Lot Size Setback from Property
Lines
Zoning Districts
Market
garden/urban farm
1 per 10,000 square
feet
12,000 square feet 50 feet RE, IG, OS
Sheep, goats, and
similar sized animals
(not including pigs)

Commercial/farm Subject to an
administrative use
permit
1 acre 50 feet RE, IG
Residential (hobby) 5 per 10,000 square
feet
12,000 square feet 50 feet RE
Market
garden/urban farm
5 per 10,000 square
feet
12,000 square feet 50 feet RE, RL, IG, OS
Worm farms, fish
farms, and similar
uses
Subject to an
administrative use
permit
1 acre 50 feet RE, IG
Bee keeping
Commercial/farm Subject to an
administrative use
permit
1 acre 50 feet RE, IG
Residential (hobby) 2 hives 5,000 square feet 10 feet* RE, RL Market
garden/urban farm
2 hives per ½ acre ½ acre 50 feet RE, RL, CL, CN, IG, IL Notes: * If a flyway barrier is established per Section 16.80.350, setback may be reduced to 5 feet.

F. Keeping of Chickens/Ducks—Restrictions.

1. It is unlawful to keep, possess, or maintain chickens/ducks on any parcel of property located in the City, except in accordance with the following restrictions:
a. The maximum number of hen chickens/ducks kept on a developed lot used for residential purposes, is subject to Table 3-14.
b. b. All hen chickens/ducks shall be confined in a pen, coop, cage, or other enclosure when not supervised. Supervision is being physically present, or within an immediate distance, and available to respond immediately. Enclosures within residential districts shall be subject to accessory structure requirements as referenced in Section 16.8036.020 035 of this code.
i. “Other” enclosures shall be determined on a case by case basis by the Director.
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c. Pens, coops, cages, or other enclosures shall be maintained in an orderly manner and kept clean.
d. In addition to property line setbacks identified in Table 3-14, all hen chickens/ducks shall be kept within an enclosure that is at least 20 feet distant from the nearest neighbors dwelling on an adjacent parcel.

Enclosures shall be situated in either the side or rear yard behind a solid fence, structure, or wall. Enclosures shall not obstruct or partially obstruct any required exits from any dwelling unit, as determined by the Building Official.
e. No hen chickens/ducks shall be kept in the front yard on any developed lot used for residential purposes.
f. The keeping of hen chickens/ducks is subject to Section 8.20.040 (Animal Noise).
g. No hen chickens/ducks shall be slaughtered on any residentially zoned lot.

2. Roosters shall not be permitted within the corporate limits of the City.

16.80.100 Child care facilities.

This section establishes standards for the provisions of child care facilities in zoning districts where they are allowed in compliance with the provisions of Division 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards). Child care facilities shall be in compliance with State law and in a manner that recognizes the needs of child care operators and minimizes the effects on surrounding properties. These standards apply in addition to the other provisions of this Development Code and requirements imposed by the California Department of Social Services.

Licensing by the Department of Social Services is required for child care facilities.

A. Types. Child care facilities include the following types:

1. Small Family Child Care Homes (Eight (8) or Fewer Children). Allowed within zoning districts determined by Division 2 (Zoning Districts, Allowable Land Uses, and Zone Specific Standards). Except for a clearance from the Fire Department, no City land use permits or clearances are required;

2. Large Family Child Care Homes (Up to 14 Children). Allowed within zoning districts determined by Division 2 (Zoning Districts, Allowable Land Uses, and ZoneSpecific Standards), means a home that provides family child care for up to 12 children, or for up to 14 children if the criteria in Section subsection B are met.

These capacities include children under age 10 who live in the licensee’s home and the assistant provider’s children under age 10; and 1239
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3. Child Care Centers (15 or More Children). Allowed in the zoning districts determined by Division 2 (Zoning Districts, Allowable Land Uses, and Zone Specific Standards), and the standards in subsection (B)(2) of this section (Standards for child care centers).

B. Standards for Child Care Centers. The following standards for child care centers shall apply, in addition to those standards contained in subsection (B)(1) of this section (Standards for large family child care homes):

1. License. The operator shall secure and maintain a license from the State of California Department of Social Services.

1. Parcel Size. The minimum parcel size for a child care center shall be 8,000 square feet.

2. Fence or Wall. A minimum six (6) foot high solid decorative fence or wall shall be constructed on all property lines, except in the front yard or within a traffic sight area (Section 16.36.140). Fences or walls shall provide for safety with controlled points of entry. A minimum three (3) foot wide landscaped area shall be provided adjacent to the wall/fence and shall include a dense hedge of evergreen shrubs a minimum of 15 gallons in size.

3. Play Areas. The facility shall provide play areas:
a. Indoor Play Areas. Indoor play areas shall be in compliance with State requirements requiring 35 square feet of indoor play area per child; and b. Outdoor Play Areas. Outdoor play areas shall be in compliance with State requirements requiring 75 square feet of designated fenced outdoor play area for each child. Pools shall be enclosed by a minimum five (5) foot high fence.

4. Hours of Operation. Unless otherwise stated in the use permit, hours of operation shall be confined to between 6:00 a.m. and 10:00 p.m. In no case shall an individual child stay for a continuous period of 24 hours or more.

5. Signs. One (1) sign shall be permitted in compliance with Chapter 16.76 (Sign Standards).

6. Off-Street Parking. Off-street parking shall be provided in compliance with Chapter

16.64 (Off-Street Parking and Loading Standards), plus additional surface area shall be provided that is of sufficient size to accommodate off-street loading/unloading. The area used for parking shall not be used for both parking and as a play area at the same time.

7. Separation Standards.
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a. The minimum separation between the main assembly building of the center and an adjacent residential property line shall be 30 feet; and b. The facility shall not be located within 500 feet of another licensed large family child care home or child care center.

8. Location. Wherever possible, facilities shall be located in existing institutional facilities and/or along major streets. (Ord. 2020-06-09-1501 C.S. § 20; Ord. 001- 08 C.S. § 86; prior code § 16-365.070)

16.80.120 Condominium conversionsReserved.

All condominium conversions shall comply with Chapter 16.196 (Condominiums and Condominium Conversions) and comply with the following minimum standards.

A. Off-Street Parking. A minimum of one and one-half (1.5) spaces per unit shall be provided.

B. Meters and Control Valves. Gas and electricity shall be separately metered for each unit.

C. Laundry Facilities. Each unit shall be plumbed and wired for laundry facilities or shall have access to common laundry facilities within the project.

D. Smoke Detectors. Each unit shall be provided with approved smoke detectors.

E. Condition of Equipment and Appliance Within Units. The applicant shall supply a written certification to the buyer of each unit on the initial sale of the converted unit stating that every dishwasher, garbage disposal, stove, refrigerator, hot water tank, and air conditioner included within the unit is in working condition, and shall provide a one (1) year warranty covering major repairs on all appliances and equipment.

F. Fire Walls. Fire walls for residential condominiums shall meet existing building code standards for the type of condominium proposed.

G. Waiver of Requirements. The Commission may approve reasonable waivers of development standards in subsections A through B of this section, upon a finding that conversion is necessary or highly conducive to the rehabilitation or restoration of historic buildings (e.g., landmarks and structures of merit) as defined in Division 8 (Glossary). (Prior code § 16-365.090)

16.80.155 Emergency shelters.

This section provides development standards for the establishment of any emergency shelter projects in zoning districts where they are allowed in compliance with the provisions of Division 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards). Nothing in this section modifies the requirements for approval of a religious facility as otherwise provided in this Code. 1241
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A. Location. An emergency shelter shall not be established or operated at any location less than 300 feet from another emergency shelter. Separation Between Structures.

Developments with multiple structures shall provide a 12-foot separation between those structures.

B. Physical Characteristics.

1. Compliance with applicable State and Local Uniform Housing and Building Code requirements.

2. The facility shall have on-site security during all hours when the shelter is open.

3. Facilities shall provide exterior lighting on pedestrian pathways and parking lot areas on the property. Lighting shall reflect away from residential areas and public streets.

4. Facilities shall provide secure areas for personal property.

C.B. Maximum Number of Beds per Facility. The maximum number of beds per facility shall be determined and as allowed by Building and Fire Codes.

C. Waiting Area. If the intake of clients occurs on-site there shall be provided an on-site client intake and waiting area in a location not adjacent to the public right-of-way, that is fully screened from public view, and provides consideration for weather events including shade and rain cover. The intake and waiting area shall be suitably sized to prevent queuing in the public right-of-way or within any parking lot, but shall occupy a maximum area of 400 square feet.

D. Security. The facility shall have on-site security during all hours when the shelter is open.

D.E. Limited Terms of Stay. The maximum term of staying at an emergency shelter is six (6) months in a consecutive 12-month period.

E. Parking. The emergency shelter shall provide off-street parking at a ratio of two (2) spaces per facility for staff plus one (1) space per 10 occupants allowed at the maximum capacity.

F. Emergency Shelter Management. On-site management shall be provided to address good neighbor issues, transportation, client supervision, client services and food services. The on-site management shall, at minimum, possess the property owner’s and operator’s names and contact information, provide on-site security and enact anti-loitering measures.A management plan is required for all emergency shelters to address management experience, good neighbor issues, transportation, client supervision, client services and food services. Such plan shall be submitted to and approved by the Director prior to operation of the emergency shelter. The plan shall, at minimum, identify the property owner’s and operator’s names and contact information, on-site security and antiloitering measures. The plan shall include a floor plan that demonstrates compliance with physical standards of this chapter. The operator of each emergency shelter shall annually 1242
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submit the management plan to the Director with updated information for review and approval. The City Council may establish a fee by resolution to cover the administrative cost of review of the required management plan.

G. Waiting Area. In order to prevent queuing of shelter residents off site, an on-site intake waiting area shall be provided that is adequate to accommodate all incoming residents.

H. Proximity. The proximity of an emergency shelter located next to another emergency shelter shall be at minimum 300 feet.

I. Environmental Assessment. Pursuant to Government Code Section 65583(a)(4)(B), permit processing, development, and management standards applied under this subsection shall not be deemed to be discretionary acts within the meaning of the California Environmental Quality Act.

G. Compliance with Other Applicable Codes and Regulations. Each emergency shelter shall comply with all applicable local and state health and safety codes such as, but not limited to, the California Building Code, California Fire Code, and California Health and Safety Code.

J.H. Shelter Crisis. In the event that the City Council declares a shelter crisis, pursuant to California Government Code Section 8698.2, the following shall apply in regards to emergency/temporary housing:

1. Temporary Housing. Temporary structures for habitation, including, but not limited to, trailers, recreational vehicles, manufactured homes, tiny homes, and similar configurations are permitted on parcels with the approval of a temporary activity permit.

2. Application Filing and Processing.
a. General. In zoning districts that permit emergency shelters by-right, an application for temporary housing shall be filed and processed in compliance with Section 16.164.030(B) (Temporary activities). It is the responsibility of the applicant to provide evidence in support of the findings required by subsection (J)(4) (Findings and decision), below. b.a. Information Required, Multiple Temporary Units. For proposals that include multiple temporary housing units on a single parcel, the application shall also include details of the operations of the use, including, but not limited to, a description of the following:
i. Number of proposed units.
ii. Cooking facilities.
iii. Sanitation facilities and management thereof.
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iv. Power source and associated noise mitigation.
v. Site lighting.
vi. Site security and management, including the number of staff on site at any given time.
vii. Location of proposed parking.
viii. On-going site maintenance.
ix. Duration of temporary housing.
x. Clean-up/returning the site to its original condition following termination of the use.

3.2. Development Standards.
a. Number of Units Permitted. The number of temporary housing units, either individual, or single- familyunit units, permitted on a parcel shall be determined through the temporary activity permit process. b. Lighting. Adequate external lighting shall be provided for security purposes in compliance with Section 16.32.07036.095 (Lighting and Illumination). c. On-Site Management. For proposals that include multiple temporary housing units, with five (5) or more units on a single parcel, at least one (1) facility manager shall be on-site during hours of operation. d. Sanitation Facilities. The number of bathrooms and showers required on site shall be determined through the building permit process, and shall be consistent with the California Building Code.
e. Parking. No parking is required for temporary housing. f. Water and Wastewater Services. Water and wastewater service shall be available on the site proposed for temporary housing structures unless an alternative source is approved by the City of Stockton Municipal Utilities Department and Cal Water (if applicable) and complies with any applicable provisions of the California Building Code.
i. Water. To protect the public water system, the appropriate approved backflow device shall be required. Initial testing certification of backflow devices is required and shall be performed by an entity as determined by the water purveyor.
ii. Wastewater. To protect public health, connection to the wastewater system is required. The City of Stockton Municipal Utilities Department will determine the appropriate connection requirement. 1244
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g. Electrical Service. Electrical services shall be available on the site proposed for temporary housing structures unless an alternate source is approved by the Director, and is in accordance with any applicable provisions of the California Building and Electrical Codes. All temporary or permanent electrical service shall be located on the subject site.

4. Findings and Decision. A temporary activity permit for temporary housing may be approved by the Director pursuant to Section 16.164.050 (Findings and decision).

5.3. Duration of Use. The duration of a temporary housing use shall be determined by the Director. It shall be the responsibility of the property owner to ensure that temporary housing units are vacated in accordance with law on or before expiration of the temporary activity permit. (Ord. 2020-06-09-1501 C.S. § 21; Ord. 2016-04- 12-1602 § IV)

16.80.210 Mobilehome parks and subdivisions.

Mobile home parks and subdivisions shall be located, developed, and operated in compliance with the following standards.

A. Location Criteria. Mobilehome parks may be permitted in zoning districts identified by Table 2-2 (Allowable Land Uses and Permit Requirements) that comply with the following locational criteria:

1. Access to the mobilehome park shall be directly to a major arterial street or within 500 feet of freeway access ramps (major streets are defined and located in the Circulation Element of the General Plan).

B. Development Standards.

1. General.
a.A. State and Federal Requirements. The following local standards are supplemental to the State of California Mobilehome Act or Federal Housing Administration (where applicable) standards enforced by the California Department of Housing and Community Development, Division of Building and Housing Standards (the State) and do not relieve the developer from complying with those State or Federal standards not covered herein.

These standards are enforced by the California Department of Housing and Community Development, Division of Building and Housing Standards (hereafter "State" regarding this section).
b.a. Prior to any construction on a mobilehome park, plans and specifications shall be submitted and approved by the State.Waiver of Standards. Any modifications or waivers to local standards shall be permitted only where the developer can substantiate to the Planning Commission, or City Council 1245
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on appeal, that there are exceptional or extraordinary circumstances preventing compliance with the standard and where the waiver will not prove detrimental to the surrounding neighborhood or public welfare.

2. Access. Access to the mobilehome park shall be directly to a major arterial street identified in the Circulation Element of the General Plan or within 500 feet of freeway access ramps.

2.3. Mobilehome Park Area and Setback Requirements. Mobilehome spaces, buildings, parking or recreational areas, and other structures shall be set back a minimum of 20 feet from all property lines along public streets.

3. Signs.
a. In residential zoning districts, one freestanding ground sign identifying the name of the mobilehome park shall be permitted at the main entrance to the park subject to the following limitations:
i. Nonmoving and nonflashing;
ii. Illumination shall be internal and not reflect or glare on adjacent residential development;
iii. Set back 10 feet from property lines;
iv. Maximum size of 64 square feet;
v. Maximum height of eight feet; and
vi. Designed in harmony with park and fencing.
b. In commercial zones, the identification signs comply with the sign regulations of that district.
c. Directional and similar type signs may be permitted within the mobilehome park as approved by the Commission.
d. Outdoor advertising structures (billboards) shall not be permitted within mobilehome parks.

4. Parking.
a. One and one-half (1.5) automobile parking space shall be required on each mobilehome unit. One space shall be required for resident use and onehalf (½) space shall be required for guest parking. b. Supplemental storage areas shall be required for boats, campers, travel trailers, and similar recreational vehicles if such vehicles are permitted to be kept within the mobilehome park.
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c. Parking located outside of the mobilehome facility and not under the authority of the State, shall be reviewed in compliance with SMC Chapter

16.64 (Off-Street Parking and Loading Standards).

5. Landscaping. All areas outside of the mobilehome park, and not under the authority of the State, shall be landscaped and maintained in accordance with Chapter 16.56 (Landscaping Standards).

6. Screening. A minimum six foot tall solid masonry wall shall be provided around the entire perimeter of the mobilehome park subject to compliance with the setback requirements of Chapter 16.48 (Fences, Hedges, and Walls).Other Improvements. a. Complete frontage improvements shall be installed along public rights-ofway as required by the City Engineer. b. Applicable multifamily housing impact fees shall be paid as required by ordinance.
c. Storm water drainage, sanitary sewer, and water systems shall be installed to City standards at locations required by the City Engineer. d. All applicable overhead utilities shall be installed underground pursuant to adopted City standards. Individual overhead utilities shall not be permitted. e. Land shall be dedicated or in-lieu fees paid to the City for neighborhood facilities as required in Section 16.84.080 (Fees).
f. A six foot high solid masonry wall shall be provided around the entire perimeter of the mobilehome park subject to compliance with the setback requirements of Chapter 16.48 (Fences, Hedges, and Walls) and the engineering specifications of the City Building Code.
g. Should fire services not be provided by the State, facilities for fire protection within the mobilehome park shall be installed to City standards at locations designated by the City Fire Chief.
h. All outdoor storage and garbage collection areas shall be enclosed with a solid six foot high fence in compliance with Section 16.36.130 (Solid waste/recyclable materials storage).

7. Operational Standards.
a. An accessory service use such as a laundromat is permitted within the mobilehome park, for use of the residents. In mobilehome parks with 100 or more spaces, incidental business uses may be permitted as part of the project approval.
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b. Mobilehomes may be sold within the mobilehome park by the owner provided they are located on a mobilehome space, and not more than one mobilehome which is for sale shall be placed on any one space. c. The renting of mobilehomes in a mobilehome park is prohibited unless the mobilehome bears the insignia of the State of California Division of Building and Housing Standards and is licensed by the Division for this purpose.

8. Enforcement.
a. The enforcement agency is the State of California Department of Housing and Community Development, Division of Building and Housing Standards.

Prior to any construction on a mobilehome park, plans and specifications shall be submitted and approved by the enforcement agency. b. The regulations in this section shall be considered supplementary to the rules and regulations of the State of California Department of Housing and Community Development (Title 25, California Administrative Code, Chapter 5, “Mobilehome Parks, Special Occupancy, Trailer Parks and Campgrounds”).

16.80.215. Multi-unit residentialReserved.

This section provides development standards for the establishment of low-rise multi-unit residential housing typologies where they are allowed in compliance with the provisions of Division 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards). Low-rise multiunit residential includes three or less habitable stories above grade. The Citywide design standards shall be applied for all housing types outlined below.

A. Cottage Courts. Cottage courts, also known as bungalow courts, shall comply with the provisions of this section and all other applicable provisions of this Development Code.

Where there may be a conflict, the standards in this section shall prevail.

1. Definition. A group of three to 10 small (1 to 1.5-story), detached structures arranged around a shared open space courtyard visible from the street. The shared courtyard is an important community-enhancing element and unit entrances should be from the shared court, which replaces the function of a rear yard. Rear-most building may be up to two stories. Does not include multifamily or motels. (Formerly "Dwelling group")

2. Shared Courtyard. The shared courtyard, or common open space shall meet the following standards:
a. A minimum of 150 square feet of open space is required per cottage unit as part of the shared courtyard, beyond the minimum required setbacks. 1248
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b. Each area of common open space shall be in one contiguous and usable piece.
c. Common open space shall be located in a centrally located area and be easily accessible to all dwellings within the development. d. Fences may not be located within the required common open space areas. e. Landscaping located in common open space areas shall be designed to allow for easy access and use of the space by all residents, and to facilitate maintenance needs. Where feasible, existing mature trees should be retained.
f. Unless the shape or topography of the site precludes the ability to locate units adjacent to the common open space, at least 50 percent of the units in the development shall abut the common open space.

3. Neighborhood Compatibility.
a. Parking lot areas and carports shall not be located along residential neighborhood street frontages.
b. Development should be consistent in height, bulk, scale and style with surrounding residential uses.

4. Building Design.
a. Buildings shall carry the same theme on all elevations. For the purposes of this standard, a theme includes primary (non-accent) materials and colors. b. Affordable units and market rate units in the same development shall be constructed of the same or similar exterior materials and details such that the units are not distinguishable.
c. Trim surrounds shall be provided at all exterior window and door openings.

In lieu of exterior window trim, windows can be recessed from wall plane by a minimum of three inches.
d. At least two materials shall be used on any building frontage, in addition to glazing and railings. Any one material must comprise at least 20 percent of the building frontage.
e. A minimum of two features such as balconies, cantilevers, dormers, bay windows, patios, individualized entries, and accent materials shall be incorporated into each project building.
f. A minimum one-foot offset is required for any wall plane that exceeds 30 feet in length.
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B. Duplexes. Duplexes shall comply with the provisions of this section and all other applicable provisions of this Development Code. Where there may be a conflict, the standards in this section shall prevail.

1. Definition. A small, detached structure that consists of two dwelling units arranged one above the other, or side by side, with an entry from the street. This type has the appearance of small-to-medium single-unit house. This includes duplexes that are side by side and stacked.

2. Main Entrance. A duplex located on a corner lot that consists of two dwelling units arranged side-by-side shall have a main entry for each from either street corner.

3. Garages. Must be set back from entrance.

4. Neighborhood Compatibility.
a. Parking lot areas and carports shall not be located along residential neighborhood street frontages.
b. Development should be consistent in height, bulk, scale and style with surrounding residential uses.

5. Building Design.
a. Buildings shall carry the same theme on all elevations. For the purposes of this standard, a theme includes primary (non-accent) materials and colors. b. Affordable units and market rate units in the same development shall be constructed of the same or similar exterior materials and details such that the units are not distinguishable.
c. Trim surrounds shall be provided at all exterior window and door openings.

In lieu of exterior window trim, windows can be recessed from wall plane by a minimum of three inches.
d. At least two materials shall be used on any building frontage, in addition to glazing and railings. Any one material must comprise at least 20 percent of the building frontage.
e. A minimum of two features such as balconies, cantilevers, dormers, bay windows, patios, individualized entries, and accent materials shall be incorporated into each project building.
f. A minimum one-foot offset is required for any wall plane that exceeds 30 feet in length.
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C. Triplex. Triplexes shall comply with the provisions of this section and all other applicable provisions of this Development Code. Where there may be a conflict, the standards in this section shall prevail.

1. Definition. A small-to medium-sized detached structure that consists of three dwelling units typically stacked on top of each other on consecutive floors, with one entry for the ground floor unit and a shared entry for the units above. This type may not include a rear yard.

2. Neighborhood Compatibility.
a. Parking lot areas and carports shall not be located along residential neighborhood street frontages.
b. Development should be consistent in height, bulk, scale and style with surrounding residential uses.

3. Building Design.
a. Buildings shall carry the same theme on all elevations. For the purposes of this standard, a theme includes primary (non-accent) materials and colors. b. Affordable units and market rate units in the same development shall be constructed of the same or similar exterior materials and details such that the units are not distinguishable.
c. Trim surrounds shall be provided at all exterior window and door openings.

D. Fourplexes. Fourplexes shall comply with the provisions of this section and all other applicable provisions of this Development Code. Where there may be a conflict, the standards in this section shall prevail.

1. Definition. A detached structure with four dwelling units under one roof that has the appearance of a medium-sized single-unit house, either stacked with two units on 1251
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the ground floor and two above, with a shared entry from the street, or otherwise connected under one roof.

2. Open Space. A minimum of 150 square feet of private open space is required per fourplex unit, beyond the minimum required front-yard, rear-yard, and side-yard setbacks.

3. Garages. Must be set back from entrance.

5. Building Design.
a. Buildings shall carry the same theme on all elevations. For the purposes of this standard, a theme includes primary (non-accent) materials and colors. b. Trim surrounds shall be provided at all exterior window and door openings.

In lieu of exterior window trim, windows can be recessed from wall plane by a minimum of three inches.
c. At least two materials shall be used on any building frontage, in addition to glazing and railings. Any one material must comprise at least 20 percent of the building frontage.
d. A minimum of two features such as balconies, cantilevers, dormers, bay windows, patios, individualized entries, and accent materials shall be incorporated into each project building.
e. A minimum one foot offset is required for any wall plane that exceeds 30 feet in length.

16.80.220 Multifamily developmentReserved.

This section provides development standards for the establishment of any multifamily residential projects in zoning districts where they are allowed in compliance with the provisions of Division 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards).

A. Separation Between Structures. Developments with multiple structures shall provide a 12- foot separation between those structures.

B. Setbacks. The rear elevation of the dwelling units may face the required side yards provided the side yards are increased to 10 feet.
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C. Usable Open Space.

1. Common Open Space. For each dwelling unit, 100 square feet of usable open space shall be provided for active or passive outdoor activity. This requirement may be provided in one (1) central area or adjacent to each living unit. The area may include an open patio, swimming pool, lounge deck, lawn, game court, or similar type uses. Required front, rear, and side yards along streets, driveways, parking areas, and walkways may not be used to satisfy any part of this requirement.

2. Private Open Space. A minimum of 40 square feet, a minimum of four (4) feet in width, shall be provided for each unit to provide private open space. The area may include patios, balcony, decks, or similar uses. The footage provided for private open space may be applied to the common open space requirement.

D. Landscaping.

1. Requirements. At least 20 percent of the gross lot area shall be landscaped and maintained with lawn, ground cover, shrubs, and trees. All front, rear, and side yards along the street side shall be landscaped in compliance with Chapter 16.56 (Landscaping Standards). The landscaping shall be maintained by the owners, developers, and/or successors-in-interest.

2. Plan. A comprehensive landscape and irrigation plan shall be submitted with the plot plan for approval by the Director.

E. Fencing. A solid eight (8) foot high fence of wood, masonry, or other suitable material that has been designed and built to control graffiti in compliance with Section 16.32.060 (Graffiti), as approved by the Director, shall be installed along the interior property lines to within 15 feet of the street side property lines. Additional fencing in compliance with Chapter 16.48 (Fences, Hedges, and Walls) may be installed.

F. Lighting. Safety and security lighting for parking areas and buildings shall not reflect on adjacent residential properties and shall be confined to ground lighting wherever possible.

G. Refuse Disposal. The refuse collection areas shall be clearly designated on the plot plan.

Refuse areas shall be clearly accessible for pickup and shall be effectively screened from public view in compliance with Section 16.36.130 (Solid waste/recyclable materials storage). Waste disposal pickup bins (dumpsters) shall not occupy any required parking spaces nor intrude into required access driveways.

H. Parking.

1. Parking areas and driveways shall be designed, surfaced, drained, and striped in compliance with City standards contained in the City’s standard specifications and plans.
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2. Parking stalls, driveways, and parking lots shall be in compliance with parking area standards in the City’s standard specifications and plans and Chapter 16.64 (OffStreet Parking and Loading Standards).

3. Parking areas shall be designed so that an unobstructed pedestrian access way at least three (3) feet in width is provided between the public right-of-way and the dwelling units.

4. Parking areas shall be located no further than 200 feet from the dwelling units to be served as measured from the midpoint of the parking areas to the closest entrance doors of the dwelling unit to be served.

5. Each space shall be designed so it is not unduly restricted from ingress or egress due to obstructions, turning radius, or requiring more than two (2) turning maneuvers.

6. Parking spaces shall be designed to prohibit automobiles from backing into the street when exiting from the site.

7. Parking shall not be allowed in the required front yard.

I. Landscape Maintenance Plan and Management Plan/Agreement. A landscape maintenance plan and a management plan/agreement for the project shall be required, reviewed, and approved by the Director, the City Attorney, the City Landscape Architect, and the Housing Director prior to issuance of any building permit. The approved landscape maintenance plan and management plan/agreement shall be recorded by the property owner/developer in the office of the County Recorder and a copy shall be filed with the Department within 30 days of the issuance of a building permit. All recording expense shall be paid by the property owner/developer. (Ord. 015-09 C.S., eff. 12-3-09; Ord. 001-08 C.S. § 22; Ord. 023-07 C.S. § 91; Ord. 012-07 C.S. § 3; prior code § 16-365.180)

16.80.225 Co-living facilities.

This section provides development standards for the establishment of co-living facilities in zoning districts where they are allowed in compliance with the provisions of Division 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards).

A. Definitions.

1. Co-Living (Dwelling Unit Facility). A permanent housing facility consisting of singleroom occupancy units, where each bedroom is considered a separate living quarter to be occupied by permanent residents.
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2. Co-Living (Lodging Facility). A temporary lodging facility consisting of single-room occupancy units, rented to the public for overnight or other temporary lodging (less than 30 days).

B. Development Standards.

C.A. Partial or Complete Kitchen and Bath Facilities.

1. If individual bath facilities are not provided, there shall be provided on each floor, for each sex, at least one (1) water closet and lavatory and one (1) bath, accessible from a public hallway. Additional water closets, lavatories and baths shall be provided on each floor for each sex at the rate of one (1) for every additional 10 guests or fractional number thereof more than 10. Such facilities shall be clearly marked for “men” or “women.” As an alternative, adequate unisex facilities may be provided.

2. If individual kitchen facilities are not provided, common kitchen facilities must be provided that adequately serve the residents of the co-living unit facility. Additional requirements may be imposed by the Review Authority.

3. For purposes of this section, a partial bathroom contains a water closet and sink which may be utilized for both hygiene and cooking purposes.

4. A full kitchen contains all of the following: a sink, a refrigerator, and a stove, range top or oven. A partial kitchen is missing at least one (1) of these facilities.

D.B. The Review Authority shall deny the application where the information submitted by the applicant and/or presented at the public hearing fails to satisfactorily substantiate that the project will comply with these criteria.

E.C. Excluding the closet and the bathroom area, a co-living unit must contain a minimum of 150 square feet in floor area. The average unit size in a co-living unit facility shall be no greater than 275 square feet and no individual living unit may exceed 400 square feet.

F.D. Each co-living unit shall be designed to accommodate a maximum of two (2) persons.

G.E. Individual co-living units may not have separate external entryways.

H.F. The co-living unit facility must have a management plan approved by the Housing Division.

I.G. Laundry facilities must be provided in a separate room at the ratio of one (1) washer and one (1) dryer for every 20 units or fractional number thereof.

J.H. A cleaning supply storeroom and/or utility closet with at least one (1) laundry tub with hot and cold running water must be provided on each floor of the living unit building. (Ord. 2020-12-01-1502 C.S. § 30)
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16.80.230 Multi-use facilitiesReserved.

This section provides standards for the development of multi-use facilities on a single parcel in zoning districts where they are allowed in compliance with the provisions of Division 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards).

A. Mix of Uses. Multi-use projects that provide commercial and/or office space on the ground floor with residential units above (vertical mix) are encouraged over projects that provide commercial structures on the front portion of the lot with residential uses placed at the rear of the lot (horizontal mix).

B. Location of Units. Residential units may not occupy ground floor space within the first 50 feet of a parcel measured from the front property line or any ground floor space.

C. Parking. Separate parking facilities shall be provided for residential uses and commercial uses. The number of parking spaces shall be in compliance with the requirements in Chapter 16.64 (Off-Street Parking and Loading Standards). Residential visitor parking and commercial parking may be located in the same location/facility.

D. Loading and Refuse Areas. Commercial loading areas and refuse storage facilities shall be located as far as possible from residential units and should be completely screened from view from the residential portion of the project and streets in compliance with Section

16.36.100 (Screening and buffering).

E. Lighting. Lighting for the commercial uses shall be appropriately shielded so as not to spill over into adjacent residential areas, the project’s residential area, or impact residential units in any way.

F. Sound Mitigation. All residential units shall be designed to be sound attenuated against present and future project noise. New projects, additions to existing projects, or new nonresidential uses in existing projects shall provide an acoustical analysis report, by an acoustical engineer, describing the acoustical design features of the structure required to satisfy the exterior and interior noise standards.

G. Hours of Operation. In multi-use projects, nonresidential uses shall be restricted from operation between the hours of 10:00 p.m. to 7:00 a.m., except as otherwise provided by a use permit.

H. Joint Owners’ Association. A joint tenant/owner’s association shall be formed to ensure the well-being of each tenant on site. The association shall be formed of equal voting rights according to type of use (i.e., residential, commercial, office). The association’s bylaws shall include the following: determination of the maintenance and landscaping responsibilities, trash facility responsibilities, parking facility maintenance responsibility, assignment of parking spaces per each use, relationship between uses regarding association representation, voting procedures, and ways that problems are solved 1256
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between the different uses. The association bylaws shall be subject to review by the City Attorney and approval by the Director.

I. Design Considerations. The design of mixed-use projects shall:

1. Demonstrate Internal Compatibility Between the Different Uses. In order to properly mix residential and nonresidential uses on the same site, potential noise, odors, glare, pedestrian traffic, or other significant impacts shall be reduced to a level of insignificance.

2. Ensure that the Residential Units are of Residential Character. The design of the project shall ensure that privacy between residential units and between other uses on the site are maintained. The design of the structures and site shall encourage integration of the street pedestrian environment with the nonresidential uses through the use of plazas, courtyards, walkways, and street furniture. (Prior code § 16-365.200)

16.80.310 Accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs).

This section provides standards for the establishment of Accessory Dwelling Units and Junior Accessory Dwelling Units in a manner consistent with Government Code Sections 66310- 66342.accessory dwelling units in a manner consistent with Government Code Section 65852.2.

The standards granted per the Government Code pertaining to Accessory Dwelling Units, shall preempt and supersede any local standards that conflict with the allowances granted under State law.

A. Definitions.

1. Accessory Dwelling Unit (ADU). An attached or a detached residential dwelling unit which provides complete independent living facilities for one (1) or more persons. If detached, may be a tiny home (permanent). It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as a single-family dwelling unit is situated; further accessory dwelling units are as defined in California Government Code Section 65852.2.

2. Junior Accessory Dwelling Unit (JADU). A unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure as prescribed by Government Code Section 65852.22.

3. Living Area. The interior habitable area of a dwelling unit including basements and attics but does not include a garage or carport or an accessory structure. If a 1257
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garage or carport is provided for the attached accessory dwelling unit, the calculation of the floor area of the accessory dwelling unit does not include the floor area of the garage or carport.

4. Multifamily Building. A building including two (2) or more dwelling units.

5. Passageway. A pathway that is unobstructed clear to the sky and extends from a street to one (1) entrance of the accessory dwelling unit.

B. Zoning Districts. Table 2-2 identifies the zoning districts where accessory dwelling units are allowed.

C. Review Procedures.

D.A. The Review Authority shall issue a ministerial building permit for an accessory Accessory dwelling Dwelling unit Unit (ADU) or junior Junior accessory Accessory dwelling Dwelling unit Unit (JADU) without discretionary review or a hearing, consistent with the provisions of this chapter and state law, unless otherwise provided.

1. An accessory dwelling unit located within the Channel area overlay district are ministerial and shall not require a Commission Use Permit, as identified in Section

16.28.040 (Channel area overlay district).

2. An accessory dwelling unit including exterior alterations to the parcel and/or existing structures and located within the Magnolia historic overlay district or at a parcel with a designated historic landmark shall not require a certificate of appropriateness, as identified in Section 16.28.060 (Magnolia historic overlay district) and Section 16.220.070 (Landmarks), and instead, shall be subject to standards of the Citywide Design Guidelines.

3. An accessory dwelling unit located within a design review overlay district shall be subject to standards of the Citywide Design Guidelines.

B. Primary Dwelling Unit Required. The lot must be in a zoning district that allows single-unit or multi-unit dwellings and contain an existing primary dwelling unit or multi-unit dwelling at the time an application for an ADU is submitted, or the application for an ADU may be made in conjunction with the development of a primary single-unit dwelling.

E.C. Number of Accessory Dwelling Units Allowed. One (1) accessory dwelling unitADU shall be allowed per parcel except as follows:

1. When a parcel has existing multi-unit development, at least one ADU,one (1) or more existing multifamily buildings, as defined in this section, at least one (1) accessory dwelling unit but not more than 25 percent of the existing multi familyunit units are permitted when concerning the conversion of storage rooms, boiler rooms, passageways, attics, basements, or garages, if each accessory dwelling unitADU complies with the applicable provisions of Title 15. 1258
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2. When the parcel has multi-unit developmentone (1) or more existing multifamily buildings, as defined in this section, a maximum of two eight (28), but no more than the number existing units on-site, detached ADUs are permitted, above and beyond the 25 percent limit described aboveaccessory dwelling units are permitted.

2.3. When the parcel has proposed multi-unit development, a maximum of two detached accessory dwelling units.

4. One attached ADU and/or one JADU internal to the primary dwelling unit may be constructed on lots with proposed or existing single-unitADU or one (1) ADU and one (1) JADU may be constructed on lots with proposed or existing single-family dwellings in accordance with Government Code Section 65852.2(e)(1)(A) and (B).

1. When a parcel has been subdivided under Government Code Sections 65852.21, 66411.7, and 66452.6, only one ADU per subdivided parcel shall be permitted.

F.D. Development Standards. ADUs shall comply with the development standards of the base, overlay, or specific plan district in which it is located, except as modified below.

1. Density. An accessory dwelling unitADU shall not be included in the calculation of the density of the lot on which it is located.

2. Setbacks. Both detached and attached accessory dwelling units are subject to the height, and setback standards at Table 2-3, except for the following:
a. Attached and detached accessory dwelling unitsADUs may encroach into the rear, street side and side yard setback when a minimum setback of three (3) feet is provided.
b. When an existing detached accessory structure is converted in whole or part to an accessory dwelling unitADU, only those portions located outside the existing building envelope are subject to a minimum setback of three (3) feet.

3. Floor Area.
c.a. The maximum floor area of a detached accessory dwelling unitADU is 1,200 square feet, excluding, where present, any enclosed parking space(s), exterior stairs, or similar non-habitable features. d.b. If there is an existing primary dwelling, tThe total floor area of an attached ADU shall not exceed 50 percent of the existing primary dwelling or 850 square feet, whichever is greater, except where this limitation would conflict with Government Code Section 65852.2(e)(1)(A).
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e.c. The maximum floor area of a JADU internal to the primary structure shall be no more thanis 500 square feet.

3.4. Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit. However, accessory dwelling units attached to single- familyunit dwellings shall have independent, exterior access and side and rear setbacks sufficient for fire and safety.

G.E. Parking.

1. No off-street parking is required for accessory dwelling unitADUs.

2. If off-street parking space is voluntarily provided, the following standards apply:
a. It may be uncovered, covered, or enclosed;
b. It must be on a paved surface and accessible from a paved driveway; and c. It may exceed the front yard pavement limit at Section 16.64.090(A)(2).

3. When an existing garage, carport or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unitADU, there is no replacement requirement.

H.F. Rental or Sale of Unit. An accessory dwelling unit ADU may be rented, although rental is not required. When rented for permanent tenure, thethe rental term shall be longer thanat least 30 days. The accessory dwelling unitADU shall not be sold or otherwise conveyed separately from the main dwelling unit, except as provided at Government Code Section 65852.2666341 and below.

1. An ADU may be conveyed separately from the primary dwelling unit as a condominium, pursuant to the following requirements.
a. The condominiums shall be created pursuant to the Davis-Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4 of the Civil Code).
b. The condominiums shall be created in conformance with all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)) and all objective requirements of Division 6 (Subdivision Regulations).
c. Before recordation of the condominium plan, a safety inspection of the accessory dwelling unit shall be conducted as evidenced either through a certificate of occupancy from the local agency or a housing quality standards report from a building inspector certified by the United States Department of Housing and Urban Development.
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d. Neither a subdivision map nor a condominium plan shall be recorded with the County Recorder without each lienholder’s consent. The following shall apply to the consent of a lienholder:
i. A lienholder may refuse to give consent.
ii. A lienholder may consent provided that any terms and conditions required by the lienholder are satisfied.
e. Prior to recordation of the initial or any subsequent modifications to the condominium plan, written evidence of the lienholder’s consent shall be provided to the County Recorder along with a signed statement from each lienholder that states as follows:
“(Name of lienholder) hereby consents to the recording of this condominium plan in their sole and absolute discretion and the borrower has or will satisfy any additional terms and conditions the lienholder may have.” f. The lienholder’s consent shall be included on the condominium plan or a separate form attached to the condominium plan that includes the following information:
i. The lienholder’s signature.
ii. The name of the record owner or ground lessee.
iii. The legal description of the real property.
iv. The identities of all parties with an interest in the real property as reflected in the real property records.
v. The lienholder’s consent shall be recorded in the office of the County Recorder.
g. The local agency shall include the following notice to consumers on any accessory dwelling or junior accessory dwelling unit submittal checklist or public information issued describing requirements and permitting for accessory dwelling units, including as standard condition of any accessory dwelling unit building permit or condominium plan approval:
“NOTICE: If you are considering establishing your primary dwelling unit and accessory dwelling unit as a condominium, please ensure that your building permitting agency allows this practice. If you decide to establish your primary dwelling unit and accessory dwelling unit as a condominium, your condominium plan or any future modifications to the condominium plan must be recorded with the County Recorder. Prior to recordation or modification of your subdivision map and condominium plan, any lienholder 1261
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with a lien on your title must provide a form of written consent either on the condominium plan, or on the lienholder’s consent form attached to the condominium plan, with text that clearly states that the lender approves recordation of the condominium plan and that you have satisfied their terms and conditions, if any.

In order to secure lender consent, you may be required to follow additional lender requirements, which may include, but are not limited to, one or more of the following:
(a) Paying off your current lender.

You may pay off your mortgage and any liens through a refinance or a new loan. Be aware that refinancing or using a new loan may result in changes to your interest rate or tax basis. Also, be aware that any subsequent modification to your subdivision map or condominium plan must also be consented to by your lender, which consent may be denied. (b) Securing your lender’s approval of a modification to their loan collateral due to the change of your current property legal description into one or more condominium parcels.
(c) Securing your lender’s consent to the details of any construction loan or ground lease.

This may include a copy of the improvement contract entered in good faith with a licensed contractor, evidence that the record owner or ground lessee has the funds to complete the work, and a signed statement made by the record owner or ground lessor that the information in the consent above is true and correct.”
h. If an accessory dwelling unit is established as a condominium, the homeowner shall notify providers of utilities, including water, sewer, gas, and electricity, of the condominium creation and separate conveyance. i. The owner of a property or a separate interest within an existing planned development that has an existing association, as defined in Section 4080 of the Civil Code, shall not record a condominium plan to create a common interest development under Section 4100 of the Civil Code without the express written authorization by the existing association. i. For purposes of this subdivision, written authorization by the existing association means approval by the board at a duly noticed board meeting, as defined in Section 4090 of the Civil Code, and if 1262
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needed pursuant to the existing association’s governing documents, membership approval of the existing association. j. An accessory dwelling unit shall be sold or otherwise conveyed separate from the primary residence only under the conditions outlined in this Section and State law.

I. Proposed Primary Dwelling(s). No certificate of occupancy or final inspection shall be issued for an accessory dwelling units (ADUs and JADUs) until a primary dwelling unit has been issued such clearance on the subject parcel.

J.G. Junior Accessory Dwelling Units. In addition to the other standards provided in this Section, each Each junior accessory dwelling unit (JADU) shall be subject to compliance with the building permit requirements and the following standards:

1. Each JADU may contain separate sanitation facilities or may share sanitation facilities with the primary dwelling unit.

2. Each JADU shall include a separate entrance from the main entrance to the principal dwelling unit and may include an interior entry to the main living area. A second, “double” interior door may be included for sound attenuation.

3. Each JADU shall, at a minimum, include an efficiency kitchen, as required by the building code, which shall include all of the following:
a. A cooking facility with appliances; and
b. Food preparation counters and storage cabinets.

3. Each JADU is permitted to have a restroom and kitchenette as defined in Section

16.240.020.

4. One (1) JADU is permitted per lot zoned for single- familyunit dwellings that is developed or proposed to be developed with a single- familyunit dwelling.

5. Additional parking is not required for a JADU. (Ord. 2020-12-01-1502 C.S. § 31; Ord. 2020-06-09-1501 C.S. § 23; Ord. 2018-05-15-1502 § II; Ord. 001-08 C.S. § 23; Ord. 023-07 C.S. §§ 94, 95; prior code § 16-365.290)

6. Owner-occupancy is required in the primary dwelling unit in which the JADU will be permitted. The owner may reside in either the primary dwelling unit or the newly created JADU. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

7. Recordation of a deed restriction, which shall run with the land, shall be filed with the permitting agency, and shall include both of the following:
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a. A prohibition on the sale of the JADU separate from the sale of the primary dwelling, including a statement that the deed restriction may be enforced against future purchasers.
b. A restriction on the size and attributes of the JADU that conforms with this Chapter.

5.8. 16.80.350 Urban agriculture.

This section provides standards for development and operation of urban agriculture land uses.

Urban agriculture shall be allowed in zoning districts identified in Table 2-2 of Section 16.20.020 and shall comply with the standards in this section as well as the standards as laid out in Chapters

16.24 and 16.28.

A. Maintenance. Urban agriculture uses shall be maintained in an orderly manner, including litter removal, irrigation, weeding, pruning, pest control and removal of dead or diseased plant materials.

B. Equipment.

1. Use of mechanized farm equipment is prohibited in residential zoning districts.

2. Exceptions.
a. Heavy equipment may be used initially to prepare the land for agriculture use.
b. Landscaping equipment designed for household use is permitted. c. Heavy equipment may be used if operating a market garden/urban farm in compliance with Section 16.80.135.
d. Equipment when not in use must be enclosed or otherwise screened from sight from a public street and adjacent parcel.

C. Structures. Structures to support urban agriculture, such as storage sheds, hoop-houses, and greenhouses, are considered accessory structures and subject to the regulations defined in Section 16.8036.020 035 (Accessory uses and structures) of this code.

D. Aquaculture Operations.

1. Aquaculture operations are allowed in the Industrial, Limited (IL) and Industrial, General (IG) zoning districts.

E. Urban Beekeeping. It is unlawful to permanently keep, have or ranch more than two beehives on a single parcel of residentially zoned property within the City, unless such 1264
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parcel of property is zoned “RE” and utilized as a market garden/urban farm. Nothing in this section shall be deemed to authorize anyone to keep, harbor or maintain any such hives in violation of any other applicable law.

1. Hives shall be placed in a quiet area and at least 20 feet distant from any dwelling on an adjacent parcel.

2. Where there is no fence or flyway barrier, the hive entrance shall be oriented away from building entrances and walkways, and toward the most distant property line.

3. A clear flight path shall be maintained at least 10 feet from the hive entrance.

4. When colony is situated less than 10 feet from a property line, the beekeeper must establish a flyway barrier. This should be at least six (6) feet tall and extend 10 feet beyond the colony on either side. It can be solid, vegetative or any combination of the two (2), that forces the bees to cross the property line at a height of six (6) feet.

5. All colonies shall be located at least 20 feet from a public sidewalk, alley, street, or road.

6. All bee equipment and hive(s) shall be maintained in good condition.

7. A substantial barrier/fence shall be erected to prevent animals and children from coming into close contact with the hives. The barrier/fence should be at least six (6) feet tall and extend 10 feet beyond the colony on either side.

8. Bees shall have access to an adequate water source at all times.

9. Urban beekeeping activities shall comply with the provisions in the Apiary Protection Act (Food and Agriculture Code 29000, et seq.).

F. Urban agriculture activities shall include best practices to prevent pollutants from entering the stormwater conveyance system and shall comply with all applicable Federal, State, and local laws, ordinances, or regulations, including, but not limited to, the stormwater management and discharge control code in Chapter 13.16 and the grading, erosion, and sediment control ordinance in Chapter 15.48. (Ord. 2020-09-15-1501 C.S. § 15)

16.80.360 Utility equipmentReserved.

This section provides standards for utility equipment installations (e.g. boxes, cabinets, pedestals, transformers, vaults, etc.). Utility equipment should be installed underground; if the undergrounding of equipment is not technically or economically feasible, as determined by the Director based on evidence provided by the utility company, above ground installations shall be permitted with the appropriate placement, landscaping, and/or screening to obscure the equipment. Installation shall be in compliance with PUC requirements. 1265
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A. The affected property owner(s) and utility companies shall agree on the placement and type of landscaping and/or screening to be used as approved by the Director.

B. Installation of landscaping and/or screening shall be the responsibility of:

1. The developer/builder for new development; or

2. The utility company in conjunction with the property owner for existing development.

16.80.375 Wind power equipmentReserved.

Wind power equipment shall have a mesh screen, except as approved by the Director, located in front and in back of the equipment to maximize avian safety. (Ord. 015-09 C.S., eff. 12-3-09)

16.80.400 Supportive and Transitional Housing
A. Supportive and Transitional Housing, Generally. Pursuant to California Government Code Section 65583(c)(3), transitional and supportive housing constitute a residential use and are subject only to those restrictions that apply to other residential uses of the same type in the same zoning district.

B. Supportive Housing, Up to 50 Units. Pursuant to California Government Code Section 65651, supportive housing development with up to 50 supportive housing units shall be permitted by right in all zones where multi-unit and mixed use residential development are permitted provided the development satisfies all of the following requirements:

1. All supportive housing units within the development are subject to a recorded affordability restriction for 55 years.

2. One hundred percent of the units, excluding managers' units, within the development are dedicated to lower income households and are receiving public funding to ensure affordability of the housing to lower income Californians. For purposes of this paragraph, “lower income households” has the same meaning as defined in Section 50079.5 of the Health and Safety Code.

3. At least 25 percent of the units in the development or 12 units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. If the development consists of fewer than 12 units, then 100 percent 1266
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of the units, excluding managers' units, in the development shall be restricted to residents in supportive housing.

4. The developer shall provide the information required by California Government Code Section 65652 to the Planning Division.

5. Nonresidential floor area shall be used for onsite supportive services in the following amounts:
a. For a development with 20 or fewer total units, at least 90 square feet shall be provided for onsite supportive services.
b. For a development with more than 20 units, at least 3 percent of the total nonresidential floor area shall be provided for onsite supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.

6. The developer replaces any dwelling units on the site of the supportive housing development in the manner provided in paragraph (3) of subdivision (c) of Section 65915 .

7. Units within the development, excluding managers' units, include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.

8. Notwithstanding any other provision of this Section to the contrary, the local government shall, at the request of the project owner, reduce the number of residents required to live in supportive housing if the project-based rental assistance or operating subsidy for a supportive housing project is terminated through no fault of the project owner, but only if all of the following conditions have been met:
a. The owner demonstrates that it has made good faith efforts to find other sources of financial support.
b. Any change in the number of supportive service units is restricted to the minimum necessary to maintain project's financial feasibility. a. Any change to the occupancy of the supportive housing units is made in a manner that minimizes tenant disruption and only upon the vacancy of any supportive housing units.
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Division 5. Land Use/Development Procedures
Chapter 16.112 Administrative Exception

16.112.010 Purpose of chapter.

This chapter is intended to provide flexibility to allow minor adjustments from certain development standards in those cases where the strict application of a standard may not be appropriate. (Prior code § 16-505.010)

16.112.020 Review Authority.

The Director is the Review Authority for administrative exception, subject to appeal in compliance with Chapter 16.100 (Appeals). The Director may grant the adjustment or may defer action and refer the application to the Commission. (Prior code § 16-505.020)

16.112.030 Applicability.

A. Adjustment. The Director may grant an adjustment from the requirements of this Development Code for the following development standards:

TABLE 5-1 ALLOWABLE ADMINISTRATIVE EXCEPTIONS
Types of Administrative Exceptions Allowed Maximum
Adjustment
Allowed Projections. An increase in the allowed projection of canopies, cornices, eaves, fireplaces, landings, masonry chimneys, overhangs, raised porches, stairways and steps in a required setback/yard area, subject to building and fire codes.
20 percent
Density. An increase or decrease in the allowed density. 10 30 percent
Distances Between Structures. A decrease in the allowed distances between detached accessory structures and main structures.
20 percent
Fence or Wall Height/Setbacks. An increase in the maximum allowed height or the minimum required setback of a fence or wall, subject to City-approved structural design standards. 20 30
percent
Garages. A decrease in the required size of a garage. 10 percent Off-Street Parking. A decrease in the number of required parking spaces and number of required trees. 20 30 percent
Setback Area. A decrease in the required setback area for structures, landscaping, swimming pools/spas, and equipment.
20 30
percent
Site Coverage. An increase in the maximum site coverage. 10 20 percent
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TABLE 5-1 ALLOWABLE ADMINISTRATIVE EXCEPTIONS
Types of Administrative Exceptions Allowed Maximum
Adjustment
Structure Height. An increase in the maximum structure height. 10 20 percent
Other Standards. The Director shall also be allowed to vary other standards including minor operational/performance standards relating to dust, hours of operation, landscaping/parking, light, noise, etc.
20 percent
B. Required Waiver. A request which exceeds the amount specified in Table 5-1, above, up to a 50 percent increase or decrease of the standard requirement shall require the filing of a waiver application in compliance with Chapter 16.176 (Waiver).

B.C. Required Variance. A request which exceeds the limitations identified in this section shall require the filing of a variance application in compliance with Chapter 16.172 (Variance). (Ord. 023-07 C.S. § 107; prior code § 16-505.030)

16.112.040 Application filing, processing, and review.

A. Filing. An application for an administrative exception shall be completed, filed with the Department, and processed in compliance with Chapter 16.84 (Application Filing, Processing, and Fees), and shall be accompanied by the fee required by the Council’s fee resolution.

B. Review. Each application shall be analyzed by the Director to ensure that the application is consistent with the purpose and intent of this chapter in compliance with Section

16.84.050 (Initial application review and environmental assessment). Review of the application may include referral to City staff and specialists and on-site inspection of the subject parcel, if necessary.

C. Director’s Action. Following review of the application, the Director shall:

1. Environmental Determination. Make an environmental determination in compliance with Section 16.88.040 (Environmental determination); and

2. Application. Take one of the following actions on the application:
a. Decision. Approve, approve with conditions, or deny the application in compliance with Section 16.88.050(A) (Review without notice procedure). b. Defer. Defer action and refer the application to the Commission for final decision.
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D.3. Noticing Not Required. A public notice or hearing shall not be required for the Director’s action on an administrative exception. If the Director refers the application to the Commission or the decision of the Director is appealed, notice of the Commission’s hearing shall be given in compliance with Section 16.88.030 (Public hearing notices). (Prior code § 16-505.040)

16.112.050 Findings and decision.

The Review Authority shall provide the findings of fact on which the decision is based in writing.

It is the responsibility of the applicant to establish evidence in support of the required findings.

The Review Authority may approve the administrative exception, with or without conditions, only if all of the following findings of fact can be made.

A. The granting of the exception will result in design improvements, or enable the site to be utilized in such a way as to not create a hardship in meeting a specific standard; B. The subject site would be physically suitable for the proposed administrative exception; C. The granting of the exception, with conditions that are imposed, will not be detrimental to the public convenience, health, interest, safety, or general welfare of the City or injurious to the property or improvements in the zone or neighborhood in which the property is located;
D. The granting of the exception will be consistent with the general land uses, objectives, policies, and programs of the General Plan, any applicable specific plan, precise road plan, or master development plan, and the intent of this Development Code; and E. The granting of the exception will be in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines. (Prior code § 16- 505.050)

16.112.060 Notice of decision.

The Director shall provide written notice of the decision of the administrative exception application to the applicant and interested parties within 10 days following the final date of the decision. (Prior code § 16-505.060)

16.112.070 Conditions of approval.

In approving an administrative exception, the requirements of this Development Code are considered a minimum and the applicable Review Authority may impose specific development conditions relating to both on- and off-site improvement, as it finds are reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 1270
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16.112.050 (Findings and decision), above, and to carry out the purpose and requirements of the respective zoning district and any applicable overlay zone. (Prior code § 16-505.070)

16.112.080 Post approval procedures.

Unless otherwise stated below, the requirements for the use of property; owner responsibility; issuance of a business license, building permit, or certificate of occupancy; performance guarantees; maintenance; effective date and review of the project following approval of an administrative exception shall be in compliance with Chapter 16.92 (Implementation Procedures, Conditions, and Requirements). In addition, the following procedures may apply after approval of an administrative exception:

A. Appeals. Appeals in compliance with Chapter 16.100 (Appeals).

B. Changes to an Administrative Exception. Changes to the project in compliance with Chapter 16.104 (Changes to an Approved Project);
C. Expiration/Extension. Expirations and extensions in compliance with Chapter 16.96 (Expirations and Extensions), or as otherwise provided by the administrative exception; and
D. Revocation/Modification. Revocation or modification in compliance with Chapter 16.108 (Revocation and Modification). (Prior code § 16-505.080)

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Chapter 16.164 Temporary Activity Permits

16.164.060 Development standards.

Standards for heights, landscaping areas, off-street parking, setbacks, and other structure and property development standards that apply to the category of use or the zoning district of the subject parcel (Table 2-3, Zoning District Development Standards) shall be used as a guide for determining the appropriate development standards for temporary activities. However, the Review Authority may authorize an adjustment from the specific requirements as deemed appropriate, necessary, and reasonable. (Prior code § 16-570.060) 1272
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Chapter 16.176 Waiver

16.176.020 Review Authority.

A. Director. The Director is the Review Authority for those waivers identified in this Development Code as requiring the approval of the Director. The decision of the Director is subject to appeal in compliance with Chapter 16.100 (Appeals). The Director may approve the request or may defer action and refer the request to the Commission.

B. Commission. The Commission is the Review Authority for those waivers identified in this Development Code as requiring the approval of the Commission, including requests for adjustment to the requirements of this Development Code which exceed the amount specified in Table 5-1, for an Administrative Exception, up to a 50 percent increase or decrease of the standard requirement. The decision of the Commission is subject to appeal in compliance with Chapter 16.100 (Appeals). (Ord. 023-07 C.S. § 120; prior code § 16-590.020)
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Chapter 16.196 Condominiums and Condominium
Conversions

16.196.010 Purpose of chapter.

This chapter establishes requirements for applications for the creation of a condominium or other common interest residential development (including a community apartment project, planned development, or stock cooperative, as provided by California Civil Code Section 1351) simultaneously with the construction of a new structure, and the conversion of an existing structure to a condominium, consistent with the requirements of the Map Act. (Ord. 023-07 C.S., § 123; prior code § 16-650.010)

16.196.020 Condominiums—New construction.

A. Required Processing. When a residential structure in compliance with Table 2-2 (Allowable Land Uses and Permit Requirements) is proposed at the time of construction as a condominium or other common interest development, a tentative map or tentative parcel map for the project shall be filed in the same form, have the same contents and accompanying data and reports and shall be processed, approved or denied in the same manner in compliance with Chapter 16.188 (Tentative Map Filing and Tentative Parcel Map and Processing). Chapter 16.192 (Parcel Maps and Final Maps) determines whether a parcel or final map shall also be filed.

B. Notice to Tenants. Any person who rents or leases a dwelling unit in a condominium project shall be informed in writing at the onset of tenancy of the condominium status of the project and the fact that the dwelling unit may be offered for sale at any time. Failure of the owner of the condominium to give the required notice shall prohibit evicting the tenant to sell the tenant’s condominium unit for 180 days from the date notice is provided. (Prior code § 16-650.020)

16.196.030 Condominiums—Conversions.

A condominium conversion is the conversion of real property to a common interest development as defined by Section 1351 of the California Civil Code.

A. Approval Requirements. A conversion shall require the approval of a condominium conversion permit and parcel map. A parcel map may be waived for a condominium conversion in compliance with Map Act Section 66428(b), or for the conversion of a mobilehome park in compliance with Map Act Section 66428.1. If a parcel map is waived, a tentative map shall be required.
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B. Notice to Tenants. Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project shall be given written notification in compliance with Government Code Section 66407.1 of:

1. The intention to convert at least 60 days prior to the filing of a tentative map;

2. Approval of a final map for the proposed conversion within 10 days of the approval;

3. Intention to convert 180 days prior to termination of tenancy due to the conversion; and

4. An exclusive right to contract for the purchase of his or her respective unit for at least 90 days from the date of issuance of the subdivision public report.

C. Application Requirements.

1. An application for a condominium conversion permit shall be filed with the Director on the forms provided by the Department, and shall include all additional information and materials required by the Department. The application shall be accompanied by the fee established by the Council’s fee resolution to cover the cost of processing the application and accompanying documents.

2. The applicant shall also submit a report setting forth all repairs and replacements necessary, if any, to immediately place the buildings in substantial compliance with the California Building Standards Code as it existed at the time of construction of the project, and the City’s Fire Code and Housing Code as they exist at the time of application for the condominium conversion permit.

D. Development Standards. All condominium conversions shall comply with the following minimum standards.

1. Meters and Control Valves. Gas and electricity shall be separately metered for each unit. The Planning Commission may waive this requirement upon finding that conversion is necessary or highly conducive to the rehabilitation or restoration of historic buildings (e.g., landmarks and structures of merit).

2. Laundry Facilities. Each unit shall be plumbed and wired for laundry facilities or shall have access to common laundry facilities within the project.

3. Smoke Detectors. Each unit shall be provided with approved smoke detectors.

4. Condition of Equipment and Appliance Within Units. The applicant shall supply a written certification to the buyer of each unit on the initial sale of the converted unit stating that every dishwasher, garbage disposal, stove, refrigerator, hot water tank, and air conditioner included within the unit is in working condition, and shall provide a one (1) year warranty covering major repairs on all appliances and equipment.
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5. Fire Walls. Fire walls for residential condominiums shall meet existing building code standards for the type of condominium proposed.

D.E. Notice, Hearing, and Decision. Following review by the Director, a public hearing shall be conducted by the Commission in compliance with Chapter 16.88 (Review Procedures) for actions in which the Commission is the Review Authority.

1. Notice. Notification of the hearing shall be mailed to existing tenants of the project at least 10 days prior to the hearing.

2. Findings. The Planning Commission shall not approve any condominium conversion project without first making the following findings:
a. The conversion will not result in a major displacement of existing tenants unable to find comparable housing, and the location of the conversion and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare.
b. The proposed conversion complies with the development standards in Subsection D (Development Standards), above16.80.120 (Condominium conversions).

3. Application Denial. Any pattern of unjust evictions, or any unreasonable rent increase or pattern of unreasonable rent increases in the proposed project within 18 months prior to application for a condominium conversion permit may be grounds for denial of the application.

E.F. Tenant and Buyer Protection.

1. Moving Assistance. Every elderly or handicapped tenant, or families with school age children, or families in the extremely low-, very low-, low-, and moderateincome brackets, shall receive active assistance from the permittee in finding comparable housing. All existing tenants whose tenancies have been terminated for the purpose of converting or selling their units shall receive reimbursement by permittee for moving costs not to exceed one (1) month’s rent. In lieu of cash payments, permittee shall have the option of providing the equivalent reimbursement in free rent.

2. Relocation. Elderly (62 years of age), low-income, or handicapped tenants shall not be required to move from the project due to the conversion, nor be subjected to unreasonable rent increases. However, if a tenant’s 90-day exclusive right to purchase his or her unit expires or the tenant has provided written notice of his or her intention not to exercise the exclusive right to purchase his or her unit, the permittee may sell the unit to a third party with an express condition in the sales agreement or deed of trust that the buyer shall guarantee the existing tenants’ 1276
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rights to remain in the project and not be subject to the unreasonable rent increases.

3. Tenant Release. The filing of a tentative map or tentative parcel map and/or application for a condominium conversion permit, and notice to the tenants of the application, shall release any tenant desiring to move before the expiration of his or her lease from any durational requirements other than 30-days’ written notice to the landlord.

4. Post-Conversion Tenants. Any person who rents or leases a unit in a project for which an application for a condominium conversion permit has been filed, shall be informed of the proposed conversion in writing prior to taking tenancy. The tenant is not eligible for the tenant protections provided by this Subdivision Ordinance for “existing tenants.”

5. Use of Common Facilities. Existing tenants shall retain all privileges relating to the use of the pools, jacuzzis, saunas, laundry facilities, and other common facilities, in compliance with the terms of their existing leases or rental agreements.

6. Cooling-Off Period. Any tenant or other prospective buyer who signs a binding agreement for purchase shall be released without penalty from that obligation if, within 72 hours, the buyer notifies the seller in writing of his or her desire to rescind the agreement.

7. Tenant Discounts. Each of the existing tenants of the proposed condominium conversion project shall be given notice that they have exclusive right to contract for the purpose of purchasing the unit they presently occupy under the same terms and conditions that the unit will be initially offered to the general public, or terms more favorable to the tenant. This exclusive right to purchase shall run for a period of not less than 90 days from the date of the issuance of the Department of Real Estate public report, or approval of a condominium conversion permit under this Development Code, whichever is later.

8. Pest Report. Prior to the signing of any binding agreement for purchase, a structural pest report shall be made available to the prospective purchaser.

F.G. Certificate of Occupancy. In addition to the condominium conversion permit required by this section, every condominium conversion project shall require the issuance of a certificate of occupancy by the Building Division. No certificate shall be issued until the condominium conversion permit is issued and there has been compliance with all ordinance requirements.

G.H. Expiration of Condominium Conversion Permit. A condominium conversion permit shall lapse and become void 36 months after the date on which the permit became effective, unless a certificate of occupancy is issued prior to the expiration date. A condominium 1277
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conversion permit may be extended by the Commission upon the written request of the permittee prior to the initial expiration date.

H.I. Resubmittal of Application After Denial. The resubmittal of an application for a condominium conversion permit within one (1) year of denial shall require the consent of the Commission or Council. (Ord. 2020-12-01-1502 C.S. § 40; Ord. 015-09 C.S., eff. 12- 3-09; Ord. 001-08 C.S. § 32; Ord. 023-07 C.S. § 124; prior code § 16-650.030) 1278
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Chapter 16.210 Urban Lot Splits

16.210.010 Applicability
This Chapter provides procedures and standards for urban lot splits in accordance with the requirements of Government Code Section 66411.7. The standards granted per Government Code pertaining to Urban Lot Splits, shall preempt and supersede any local standards that conflict with the allowances granted under State law.

16.210.020 Filing and Processing
Urban Lot Split applications consistent with Government Code Section 66411.7, shall be processed in accordance with Chapter 16.192, Parcel Maps and Final Maps.

16.210.030 Application
A. Ministerial Review. Notwithstanding any other provision of this Code, an application for an urban lot split shall be considered ministerially, without discretionary review or a hearing, and shall be approved if it meets all of the requirements of this chapter and of Chapter 16.192, Parcel Maps and Final Maps.

B. Supplemental Application. The applicants shall complete the Checklist for SB9 Urban Lot Split Parcel Maps Applications and shall provide the “Urban Lot Split Checklist” in conjunction with either a Building Permit application and/or Planning Application Parcel Map (Urban Lot Split).

C. Map Act. The form of the parcel map associated with an urban lot split shall conform to the requirements of the Map Act and Chapter 16.192, Parcel Maps and Final Maps.

16.210.040 Standards
A. All Urban Lot Split applications shall adhere to Government Code Section 66411.7.

B. Urban Lot Split are only permitted in the RL (Residential, Low Density) zoning district.

Parcels created by an urban lot split shall only be used for residential uses, notwithstanding the fact that other uses may be permitted in the zoning district in which the parcels are located;
C. Shall not have been created through a previous urban lot split and may not be further subdivided by a subsequent urban lot split; and
D. Shall not be adjacent to a parcel that was previously subdivided through an urban lot split by the owner of the parcel or any person acting in concert with the owner. 1279
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E. An urban lot split shall result in no more than two parcels.

F. Side and rear setbacks shall be three feet from the property lines. No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.

G. Each dwelling unit shall provide off-street parking space consistent with Government Code Section 66411.7 and SMC Chapter 16.22 (Parking and Loading Standards) when applicable. This includes any state preemptions for reductions to required parking amounts.

H. Easements shall be required for the provision of public services and facilities.

I. The proposed parcels shall have access to, provide access to, or adjoin the public rightof-way.

J. Notwithstanding the requirements of this Chapter or the Development Code, dedications of rights-of-way or the construction of off-site improvements for the parcels being created shall not be required.

K. The design and layout of any proposed parcel improvements shall conform to the objective standards per the Standard Specifications and Plans adopted by Council on September 27, 2016 (Resolution 2016-09-27-1213) that are in effect at the time of the parcel map application submittal.

L. The parcel map created pursuant to an urban lot split shall contain a note on the map, and respective deed restrictions shall be recorded with the San Joaquin County Recorder’s Office, indicating that parcels resulting from the urban lot split were created using the provisions of this Chapter and Government Code Section 66411.7, and that no further subdivision of the parcels is permitted. The deed restrictions shall not apply to an applicant that is a “community land trust,” as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code.

I.M. The proposed urban lot split shall comply with all other applicable objective requirements of the Subdivision Ordinance and the Map Act Section 66410 et seq., except as otherwise provided for in this Chapter. In the event of a conflict between the requirements of this Chapter and the requirements contained elsewhere in this Development Code, the provisions of this Chapter shall apply to the review and approval of urban lot splits. 1280
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Division 7. Development Code Administration
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Chapter 16.214 Requests for Reasonable Accommodation
Under the Fair Housing Amendments Act of 1988 and the
California Fair Employment and Housing Act

16.214.010 Purpose
This Chapter establishes the procedures to request reasonable accommodation for persons with disabilities seeking equal access to housing under the California Fair Employment and Housing Act, the Federal Fair Housing Act, and the Americans with Disabilities Act (“the Acts”) in the application of zoning law and other land use regulations, policies, procedures, and conditions of approval.

16.214.020 Applicability
A. A request for reasonable accommodation may be made by any person with a disability, their representative, or any other entity, including those who are associated with people with disabilities, including providers and developers of housing for people with disabilities, when the application of zoning law or other land use regulation, policy, or procedure acts as a barrier to fair housing opportunities. A person with a disability is an individual with a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having any such impairment; or anyone who has a record of having such an impairment. Federal and state fair housing laws protect individuals in recovery from drug or alcohol abuse. However, individuals currently using illegal substances are not protected under the law, unless they have a separate disability. This Chapter is intended to apply to those persons who are defined as disabled under the Acts.

B. A request for reasonable accommodation may include a change or exception to the practices, rules, and standards for the development, siting, and use of housing or housingrelated facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

16.214.030 Review Authority
The Director shall act as the Review Authority for reasonable accommodation applications based on consideration of the requirements of this Chapter. Requests submitted for concurrent review with another discretionary land use application shall be reviewed by the Review Authority for the discretionary land use application.
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16.214.040 Procedures
A. Application. Requests for reasonable accommodation shall be submitted on an application form provided by the Director, or in the form of a letter, to the Director and shall contain the following information:

1. The applicant’s name, address and telephone number. Not only may a person with a disability file an application, but also an organization serving people with disabilities (e.g. sober living homes, transitional or supportive housing for people with disabilities, etc.)

2. Address of the property for which the request is being made.

3. The current actual use of the property.

4. The basis for the claim that the individual, or individuals being served, is considered disabled under the Acts.

5. The municipal code provision, zoning ordinance provision, or other regulation or policy from which reasonable accommodation is being requested.

6. Why the reasonable accommodation is necessary to make the specific property accessible to the individual. The City shall ensure confidentiality of the person with a disability’s contact and medical information.

7. Additional information necessary for City staff to facilitate proper consideration of the request, consistent with the Acts.

B. Public Noticing and Public Hearing Not Required. A reasonable accommodation request does not require public notice or a public hearing.

C. Decision. The Director shall make a written determination within 30 days of the application being deemed complete and either approve, modify, or deny a request for reasonable accommodation in compliance with Section 16.214.050 (Required Findings).

1. If the request is denied because it would impose an undue financial and administrative burden on the City and/or would require a fundamental alteration to the zoning or building laws, policies or procedures of the City, the Director or their designee must engage in an interactive process with the person seeking the accommodation to determine if there is another reasonable accommodation that may provide an equivalent level of benefit.

16.214.050 Required Findings
The Director must make all of the following findings in order to approve or conditionally approve request for reasonable accommodation that will be consistent with the Acts. 1283
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A. The housing, which is the subject of the request, will be used by an individual defined as disabled under the Acts;
B. The request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts; C. The conditions imposed, if any, are necessary to further a compelling public interest and represent the least restrictive means of furthering that interest; and D. The denial of the reasonable accommodation request would conflict with any State or federal statute requiring reasonable accommodation to provide access to housing.

16.214.060 Conditions of Approval
In granting a request for reasonable accommodation, the Director may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required herein.

16.214.070 Appeals, Expiration, Extensions, and Revisions A. Appeals. Reasonable accommodation decisions may be appealed as provided for in Section 16.100 (Appeals). At the applicant's request, the details of the person and/or their disability may be kept confidential should an appeal trigger the need for a public hearing.

B. Expiration, Extensions, and Revisions. Reasonable accommodations granted under this Chapter are effective and may only be extended or revised as provided for in Chapter

16.96 (Expirations and Extensions). A reasonable accommodation shall terminate if the accommodation is no longer required, or if the recipient of the accommodation no longer resides at the property.

C. Revocation. Reasonable accommodation approval may be revoked or modified pursuant to Chapter 16.108 (Revocation and Modification) if any of the conditions or terms of the approval are violated or if any law or ordinance is violated.

16.214.010 Purpose of chapter.

The purposes of this chapter are to establish a formal procedure for individuals with disabilities seeking equal access to housing to request reasonable accommodation in the application of the City’s land use and zoning standards, regulations, policies, and procedures and to establish criteria for evaluating the requests. (Ord. 2016-04-12-1602 § VI) 1284
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16.214.020 Findings.

The Council of the City of Stockton finds as follows:

A. The housing element of the City’s General Plan identifies housing that is accessible to people with disabilities as a special housing need.

B. The housing element calls for a reasonable accommodation ordinance that streamlines and formalizes City procedures related to accessibility and adaptability accommodations for development.

C. Both the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (Gov. Code Section 12900 et seq. [“the Acts”]) impose an affirmative duty on local governments to make reasonable accommodation (modifications or exceptions) in their rules, policies, practices, or services related to land use regulation when such accommodation may be necessary to afford an individual with a disability an equal opportunity to housing.

D. The City of Stockton has historically provided for reasonable accommodation consistent with the Acts through the use of existing regulatory procedures not specifically designed for people with disabilities.

E. Codification of a formal procedure for individuals with disabilities seeking equal access to housing to request reasonable accommodation in the application of the City’s land use and zoning standards, regulations, policies, and procedures and establishment of relevant criteria to be used when considering such requests will ensure prompt, fair, and efficient handling of such requests in accordance with the Acts’ reasonable accommodation mandates. (Ord. 2016-04-12-1602 § VI)

16.214.030 Definitions.
“Acts” means the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act.
“Applicant” means an individual who files an application for reasonable accommodation under this chapter.
“Individual with a disability” means any person who has a medical condition, physical disability, or mental disability that substantially limits one (1) or more of the person’s major life activities, as those terms are defined in the Acts.
“Reasonable accommodation” means a modification to or waiver of the standards, regulations, policies, and procedures contained in this title for the siting, development, and use of housing or housing-related facilities, which modification or waiver would eliminate regulatory barriers and provide an individual with a disability equal opportunity for the use and enjoyment of housing of 1285
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their choice, and that does not impose undue financial or administrative burdens on the City or require a fundamental or substantial alteration of the City’s planning and zoning programs. (Ord. 2016-04-12-1602 § VI)

16.214.040 Review authority.

A. The Director shall review an application for reasonable accommodation if the application is not filed with an application for another permit.

B. Other Reviewing Authority. An application for reasonable accommodation submitted for concurrent review with another permit under this title shall be reviewed by the authority reviewing the other permit. (Ord. 2016-04-12-1602 § VI)

16.214.050 Request for reasonable accommodation.

To make specific housing available to an individual with a disability, any person may request reasonable accommodation under this chapter to modify a land use or zoning standard, regulation, policy, or procedure under this title as may be necessary to afford the individual with a disability equal opportunity to the use and enjoyment of his or her dwelling. A request for reasonable accommodation shall be made by filing an application under Section 16.214.060. (Ord. 2016-04- 12-1602 § VI)

16.214.060 Application filing.

A. Filing. An application for reasonable accommodation shall be submitted on a form prescribed by the Director, or in the form of a letter addressed to the Director, and shall contain the following information:

1. The name, address, and telephone number of the applicant;

2. The name, address, and telephone number of the individual with a disability for whom the reasonable accommodation is being requested;

3. The name, address, and telephone number of the owner of the property for which the reasonable accommodation request is being made;

4. If the applicant is someone different than the property owner, a letter of agency or authorization signed by the owner consenting to the application being made;

5. The address and current use of the property for which the reasonable accommodation request is being made;

6. The basis for the claim that the individual to be reasonably accommodated is disabled under the Acts;
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7. A description of the reasonable accommodation request and the land use or zoning standard, regulation, policy, or procedure to be modified or waived; and

8. A statement of the reason why the requested accommodation is necessary for the individual with a disability to use and enjoy the dwelling.

B. Review with Other Land Use Applications. If the project for which the application for reasonable accommodation is being made requires approval of another permit under this title, then the applicant shall file the application for reasonable accommodation together with the application for the other permit, for concurrent review and action.

C. Application Information. Any information related to a disability status and identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection, to the extent allowed by law.

D. Process Assistance. If an individual needs assistance in making the request for reasonable accommodation, the City shall provide assistance to ensure that the process is accessible.

E. Other. A request for reasonable accommodation may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual’s obligations to comply with other applicable regulations not at issue in the requested accommodation. (Ord. 2016-04-12-1602 § VI)

16.214.070 Review and processing.

A. Director Review.

1. Written notice of the filing of an application for reasonable accommodation shall be mailed by the Planning Director to the owners of real property within a radius of 100 feet from the exterior boundaries of the subject property utilizing the owner names and addresses shown on the latest county equalized assessment roll. The notice shall be mailed no later than the next business day following the date the application is accepted as complete and shall describe the scope and nature of the requested reasonable accommodation.

2. Within 30 days of acceptance of the application as complete, the Planning Director shall issue a written decision to grant, grant with modifications, or deny an application for reasonable accommodation in accordance with Section 16.214.080.

The Planning Director shall mail written notice of the decision and of the right to appeal to the applicant. The written decision shall explain in detail the basis of the decision, including the Planning Director’s findings on the criteria stated in Section

16.214.080. If necessary to reach a determination on the request for reasonable 1287
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accommodation, the Planning Director may request additional information from the applicant consistent with the Acts, specifying in detail the information that is required. If a request for additional information is made, the 30-day period to issue a decision is stayed until the applicant responds to the request.

3. The Planning Director shall mail written notice of the decision and of the right to appeal to the same property owners who received notice of the application under paragraph 1 of this subsection. The notice shall be mailed no later than the next business day following the date the written decision is issued.

B. Other Reviewing Authority. If the application for reasonable accommodation is submitted for concurrent review with another permit under this title, the decision to grant, grant with modifications, or deny the application shall be made by the authority taking action on the other permit under this title. The decision to grant, grant with modifications, or deny the request for reasonable accommodation shall be made in accordance with Section

16.214.080. (Ord. 2016-04-12-1602 § VI)

16.214.080 Findings and decision.

A. Findings. The decision to grant, grant with modifications, or deny an application for reasonable accommodation shall be based on a finding of consistency with the Acts and shall take into consideration all of the following criteria:

1. Whether the housing or housing-related facilities that are the subject of the request will be used by an individual with a disability under the Acts.

2. Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts.

3. Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the City.

4. Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a City program or law, including, but not limited to, land use and zoning.

5. Whether the requested reasonable accommodation would be contrary to the public health, safety, or welfare, or be injurious to the property or improvements of adjacent properties.

6. Whether the requested reasonable accommodation adequately considers the physical attributes of the property and structures.

7. Whether alternative reasonable accommodations could provide an equivalent level of benefit.
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B. Conditions of Approval. In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation will comply with the findings required by this section. Conditions may be imposed to ensure that any removable structures or physical design features that are constructed or installed in association with the reasonable accommodation be removed once those structures or physical design features are unnecessary to afford the individual with a disability for whom the reasonable accommodation was granted the use and enjoyment of the dwelling. (Ord. 2016-04-12- 1602 § VI)

16.214.090 Appeals.

A. Decision of Director.

1. Any person who is dissatisfied with a decision made by the Director on an application for reasonable accommodation may appeal the Director’s decision.

The appeal shall be heard and decided as provided in Chapter 16.100 (Appeals).

2. The decision of the Commission on the appeal shall be made in accordance with Section 16.214.080 and shall be final.

B. Decision by Other Reviewing Authority. A decision on an application for reasonable accommodation submitted for concurrent review with another permit under this title shall be subject to the same appeal rights as apply to the other permit.

C. Reasonable Accommodation in Appeal Procedures. An applicant may request reasonable accommodation for the appeal procedure. (Ord. 2016-04-12-1602 § VI) 1289
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Chapter 16.220 Cultural Resources

16.220.105 Demolition or relocation of historic resources.

A. Purpose. The purpose of this Chapter is to ensure that no person shall demolish or relocate a historic resource without approval of a historic resource demolition or relocation permit and a permit for a replacement building, structure or project. The City of Stockton recognizes the importance of cultural and historic preservation to the community’s continued social and economic vitality. By reusing, restoring, and adapting historic resources to the needs of today, the community can effectively conserve energy and resources of past generations, while minimizing waste, current energy, and materials usage.

B. Applicability. A historic resource demolition/relocation permit is required for all activities and developments specifically identified in Section 16.36.060 (Demolition and Relocation of Buildings), and/or any other section of this Code that requires a historic resource demolition/relocation permit.

C. Procedures

1. Determination Review.
a. Filing.
i. An application for a demolition/relocation permit shall be completed and filed, with any applicable fee, with the Department. ii. All applications shall be accompanied by information and documentation necessary to make a preliminary determination, including the following, as applicable:
(1) Plans, photographs, renderings, working drawings,
specifications, Sanborn Maps, historical surveys, postcards, diaries, newspaper articles, interviews, and historical data, showing or describing the building, structure, or site, including the following, as applicable: architectural design, nature and texture of materials, color, lighting, method of construction and landscaping, and any other items which may demonstrate historical significance.
(2) Historical or Cultural resource study for any demolition of commercial structures.
(3) A site plan that shows all existing buildings, structures, and site features, and identifies those proposed for demolition or relocation.
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b. Noticing.
i. Within 45 days of receipt of a complete application, the Director shall make a preliminary determination.
ii. With concurrence of the applicant, the time by which the Director may extend the 45-day preliminary review time period shall be limited to an additional 30 days.
c. Staff Review.
i. Completeness. All applications shall be reviewed for completeness per Section 16.84.050 (Initial application review and environmental assessment).
ii. Evaluation. All projects shall be routed to the applicable departments and agencies for completeness review and historic determination. This includes evaluation by an ad-hoc committee of the CHB as needed.
iii. Criteria. In making the preliminary determination, the Director shall apply the criteria specified by the most current revision of the U.S.

Secretary of the Interior’s “Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings” and the California Environmental Quality Act (“CEQA”).
d. Director Determination.
i. At the completion of the application review by Staff, the Director shall:
(1) Determine the proposed application does not include a significant historic or cultural resource(s) and shall proceed in obtaining a building permit consistent with subsection

16.220.105.C.2 (Findings of No Historic Significance); or (2) Determine the proposed application does include any significant historic or cultural resource(s) and shall proceed in obtaining the necessary approvals consistent with
subsection or 16.220.105.C.3 (Findings of Historic
Significance) below.

2. Finding of No Historic Significance
a. Noticing.
i. A notice of the Director's Determination will be sent to all property owners within 300 feet of the proposed project site, along with a copy to the Cultural Heritage Board.
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ii. All determinations are subject to a 10-day appeal before becoming effective.
b. Appeals.
i. All appeals to Director Determinations or Decisions are subject to the Appeal process of Chapter 16.100 (Appeals).
ii. Should the Review Authority for the Appeal determine that the proposed project site has significant historic or cultural resources, the application shall proceed as defined by 16.44.030.C (Findings of Historic Significance) below.

3. Findings of Historic Significance.
a. Determination. Upon determination that the building or structure is a potential historic resource, the applicant shall submit, at their sole expense:
i. The appropriate environmental documentation; and a complete development application for a replacement building or structure or entitlements for a project for the property involved.
b. The Director shall place the application and draft environmental document on the next available regularly scheduled Board meeting for review and recommendation.

4. CHB Review of Historic Resources
a. Board’s Action. The Board shall conduct a public hearing in compliance with Section 16.88.050(C) (Public hearing review procedure) for recommendation in which the Planning Commission is the Review Authority, including review of applicable environmental documents and the demolition or relocation application:
i. Notice. Notice of time, place, and purpose of the hearing shall be given not less than ten days before the date of the hearing by publication in a newspaper of general circulation in the City and by mailing to the owner(s) of the subject property by certified mail, in compliance with Section 16.88.030 (Public hearing notices). ii. Hearing. After the hearing is conducted, the Board shall:
(1) Recommendation. Recommend approval, conditional
approval, or denial of the application.
(2) Resolution. The resolution shall contain applicable findings and any conditions of approval deemed necessary to
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mitigate any impacts and protect the public health, safety, and welfare of the City.
iii. Notification of Recommendation. Following the Board’s action, a notice of the recommendation shall be mailed to the applicant at the address shown on the application.
iv. Referral to Planning Commission. The recommendation of the Board shall be forwarded to the Planning Commission as part of the complete development application submitted in accordance with Section 16.220.105.C.3.a.i.

5. Commission Review of Historic Resources.
a. Commission Action. The Commission shall conduct a public hearing in compliance with Section 16.88.050(C) (Public hearing review procedure) for action in which the Commission is the Review Authority, including review of applicable environmental documents and the demolition or relocation application:
i. Notice. Notice of time, place, and purpose of the hearing shall be given not less than ten days before the date of the hearing by publication in a newspaper of general circulation in the City and by mailing to the owner(s) of the subject property by certified mail, in compliance with Section 16.88.030 (Public hearing notices). ii. Hearing. After the hearing is conducted, the Commission shall:
(1) Action. Approval, conditional approval, or denial of the application.
(2) Resolution. The resolution shall contain applicable findings in accordance with Section 16.220.105.C.6 (Findings for Demolition or Relocation), any conditions of approval,
certification/adoption of the environmental document, and reporting/monitoring requirements deemed necessary to
mitigate any impacts and protect the public health, safety, and welfare of the City.
iii. Appeal. The decision of the Commission may be appealed to the City Council in compliance with Chapter 16.100 (Appeals).

6. Findings for Demolition or Relocation. No building or structure on an eligible property shall be demolished or relocated unless the Commission makes the following findings.
a. Approval. Prior to approval, the Commission shall find that:
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i. The environmental document has been completed in compliance with CEQA, State CEQA Guidelines, and City Guidelines for the Implementation of CEQA, and adopt a Statement of Overriding Considerations as applicable; and
ii. The action proposed is consistent with the purposes of historic preservation as set forth in this Chapter and the General Plan; or iii. There are no reasonable alternatives to the demolition or relocation as of the time of the hearing.
b. Denial. Prior to denial, the Commission shall find that there are reasonable alternatives to the demolition or relocation as of the time of the hearing as demonstrated by the facts in the record.

A. Purpose. The purpose of this section is to ensure that no person shall demolish or relocate a historic resource without approval of a historic demolition or relocation permit and a permit for a replacement structure or project. The City of Stockton recognizes the importance of cultural and historic preservation to the community’s continued social and economic vitality. By reusing, restoring, and adapting historic resources to the needs of today, the community is able to effectively conserve energy and resources of past generations, while minimizing waste, current energy, and materials usage.

B. Exemptions.

1. If a structure is less than 50 years of age, a demolition/relocation permit shall be processed in compliance with Sections 15.04.250 through 15.04.270 of the Municipal Code.

2. Structures that are deemed to be unsafe or a public nuisance, in accordance with Title 15 of the Municipal Code, may be issued a demolition/relocation permit, as determined by the Director. The Department may retain a structural engineer, at the expense of the applicant, to assist the Director in making a determination.

C. Applicability. If a permit is sought to demolish or relocate:

1. A structure or other site feature (“structure”) that:
a. Is a City Landmark or is a contributing structure located in an Historic District, the request shall be referred to the Director and an environmental document shall be prepared in compliance with subsection D of this section.
b. Was constructed or in place at least 50 years before the date of application for demolition or relocation, and that structure is not currently listed on any local, State or Federal register, the request shall be referred to the Director 1294
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for a preliminary determination of whether the potentially historic resource may be demolished.

D. Application Filing, Processing and Review.

1. Filing.
a. An application for a demolition permit shall be completed and filed, with any applicable fee, with the Department.
b. All applications shall be accompanied by information and documentation necessary to make a preliminary determination, including the following, as applicable:
i. Plans, photographs, renderings, working drawings, specifications, Sanborn Maps, historical surveys, post cards, diaries, newspaper articles, interviews, and historical data, showing or describing the structure, including the following, as applicable: architectural design, nature and texture of materials, color, lighting, method of construction and landscaping, and any other items which may demonstrate historical significance.
ii. A site plan that shows all existing structures and identifies structures proposed for demolition or relocation.

2. Preliminary Determination of Potential Historic Significance. a. Time Limit.
i. Within 45 days of receipt of a complete application, the Director shall make a preliminary determination.
ii. With concurrence of the applicant, the time by which the Director may extend the 45-day preliminary review time period shall be limited to an additional 30 days.
b. Criteria. In making the preliminary determination, the Director shall apply the criteria specified by the most current revision of the U.S. Secretary of the Interior’s “Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings” and the California Environmental Quality Act (“CEQA”). c. Determination. The Director shall determine that:
i. The structure is not a potential historic resource and the permit to demolish or relocate the structure shall be issued.
(1) A Notice of Exemption shall be prepared at the sole expense of the applicant in compliance with the City’s CEQA
Guidelines.
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(2) The permit shall become effective on the 11th day following the date of the letter of determination, provided that no appeal of the Director’s action has been filed.
ii. The structure may potentially be a historic resource, and the applicant shall submit, at the sole expense of the applicant:
(1) The appropriate environmental documentation; and
(2) An application for a replacement structure or entitlements for a project, including Master Development Plans, Specific Plans, or Planned Developments, for the property involved. d. Notice. The Director shall notify the property owner of the preliminary determination by first-class, prepaid mail, with a copy to the Board. e. Appeal. The decision of the Director may be appealed to the Commission, in compliance with Chapter 16.100 (Appeals). If a demolition or relocation permit of a structure over 50 years old is appealed, the Commission may reverse the Director’s decision.

3. Referral to the Board. Once a preliminary determination has been made and the draft environmental document is available for review, the Director shall transmit the application and draft environmental document to the Board for review and evaluation. The Board shall transmit its written recommendation to deny or approve the demolition or relocation application to the Commission, and issue a Certificate of Appropriateness if the recommendation is to approve the application.

4. Commission’s Action. The Commission shall conduct a public hearing in compliance with Section 16.88.030 (Public Hearing Review Procedure) for action in which the Commission is the Review Authority, including review of applicable environmental documents and the demolition or relocation application:
a. Notice. Notice of time, place, and purpose of the hearing shall be given not less than 10 days before the date of the hearing by publication in a newspaper of general circulation in the City and by mailing to the owner(s) of the subject property by certified mail, in compliance with Chapter 16.88 (Review Procedures).
b. Hearing. After the hearing is conducted, the Commission shall:
i. Approve the Application. Approve or conditionally approve the application.
ii. Resolution. The resolution shall contain applicable findings, any conditions of approval, certification/adoption of the environmental document, and reporting/monitoring requirements deemed
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necessary to mitigate any impacts and protect the public health, safety, and welfare of the City.
iii. Disapprove the Application. The Commission may deny the application in compliance with this section.
c. Notification of Recommendation. Following the Commission’s action, a notice of the recommendation shall be mailed to the applicant at the address shown on the application.
d. Appeal. The decision of the Commission may be appealed to the Council in compliance with Chapter 16.100 (Appeals).

E. Findings for Demolition or Relocation. No structure on an eligible property shall be demolished or relocated unless the Commission shall make the following findings, following notice and hearing(s) pursuant to this chapter.

1. Approval. Prior to approval, the Commission shall find that:
a. The environmental document has been completed in compliance with CEQA, State CEQA Guidelines, and City Guidelines for the Implementation of CEQA, and adopt a Statement of Overriding Considerations; and b. The action proposed is consistent with the purposes of historic preservation as set forth in this chapter and the General Plan; or
c. There are no reasonable alternatives to the demolition or relocation as of the time of the hearing.

2. Denial. Prior to denial, the Commission shall find that there are reasonable alternatives to the demolition or relocation as of the time of the hearing as demonstrated by the facts in the record.

F. Potential Conditions for Demolition or Relocation.

1. As determined by the Review Authority, conditions may be imposed on demolition or relocation of eligible structures to the extent authorized by any other applicable law or this chapter, including the following:
a. Comply with all applicable Federal, State, County and City codes, regulations and adopted standards and pay all applicable fees. b. Pursuant to CEQA, the project shall be subject to all applicable mitigation measures identified in the certified Final EIR.
c. Relocation, if applicable, will not destroy the historical, architectural, or aesthetic value of the structure and that the relocation is part of a definitive series of actions which will assure the preservation of the structure. 1297
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d. Relocation of historic structures, if applicable, shall be in compliance with Chapter 15.52 (Moved Buildings) of the Municipal Code.
e. As specified in the EIR’s Mitigation Measures, the applicant shall provide the Director, at the applicant’s sole cost, complete photo-documentation of archival quality of the structure to be demolished or relocated (before relocation).
f. As specified in the EIR’s Mitigation Measures, every effort shall be made to salvage fixtures, signage, and architectural details. g. At the applicant’s sole expense, demolition or relocation may be delayed for up to 180 days to allow the City time to identify a prospective buyer for the property or to identify a third party interested in relocating the affected structure, and for up to an additional 180 days to allow completion of the purchase or relocation. In the case of purchase or relocation by a third party, demolition may be denied where a third party willing and able to purchase the property or relocate the structure within the time established by this subsection is identified and makes a bona fide offer to purchase the property or structure at fair market value, as determined by appraisal h. With respect to demolition of a structure located within a historic district, or eligible historic district per Section 16.220.080 (Historic Preservation District), the City shall take into account the importance of an affected structure to the integrity of the district, and may: limit the size of new development to that of the existing structure; require that the scale of new development be harmonious with other structures which contribute to the district’s character; require retention or reconstruction of one or more façades; and/or require that any replacement structure be of like kind or quality to the demolished structure and contribute to the integrity of the district.

G. Economic Hardship. An applicant may apply for a determination of economic hardship under Section 16.220.130. (Ord. 006-09 C.S. § 1)
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Division 8. Glossary
Chapter 16.240 Definitions/Glossary

16.240.010 Purpose of chapter.

This chapter provides definitions of terms and phrases used in this Development Code that are technical or specialized, or that may not reflect common usage. If any of the definitions in this chapter conflict with definitions in other provisions of the Municipal Code, these definitions shall control for the purposes of this Development Code. If a word is not defined in this chapter, or other provisions of the Municipal Code, the Director shall determine the most appropriate definition. (Prior code § 16-800.010)

16.240.020 Definitions of specialized terms and phrases.

As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order. Land uses listed in Table 2-2 are indicated by a † before the definition of the particular land use. —A—
Academic Schools. See "Educational facilities."
Access. The physical arrangement for ingress to and egress from a parcel or structure (e.g., driveway, walkway, stairs, etc.).

Accessory Dwelling Units. See Section 16.80.310 Accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs).

Accessory Living Quarters. See "Guest house."
Accessory Residential Uses and Structures. Any use and/or structure that is customarily a part of, and clearly incidental and secondary to, a residence and does not change the character of the residential use. These uses include the following detached accessory structures, and other similar structures normally associated with a residential use of property:
garages
gazebos
greenhouses
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parking lots (except parking for single- familyunit dwellings, duplexes and triplexes) spas and hot tubs
storage sheds
studios
swimming pools
tennis and other on-site sport courts
workshops
Also includes the indoor storage of automobiles (including their incidental restoration and repair), personal recreational vehicles and other personal property, accessory to a residential use. Does not include home satellite dish and other receiving antennas for earth-based TV and radio broadcasts; see "Communications facilities."
Accessory Retail Uses. The retail sales of various products (including food) in a store or similar facility that is located within a health care, hotel, office, or industrial complex for the purpose of serving employees or customers, is not visible from public streets, and has no outside advertising.

Examples of these uses include: pharmacies, gift shops, and food service establishments within hospitals; convenience stores and food service establishments within hotel, office and industrial complexes.

Accessory Structure. See "Structure."
Accessory Use. See "Use, accessory."
Acreage (Gross). The total area of a parcel including all of the easements not included in net acreage, and rights-of-way.

Acreage (Net). The total area of a parcel excluding areas within deeded or dedicated road easements or road easements that have been offered for dedication; areas dedicated to a public agency for parks, public buildings, schools, street right-of-way; private park and recreation facilities; and utility easements.
† Activity Centers (Land Use). Public or privately-owned multipurpose meeting and recreational facilities open to the general public, and typically consisting of one or more meeting or multipurpose rooms or buildings designed to accommodate public gatherings or meetings for the purpose of recreational, educational, or cultural endeavors. May include incidental kitchen and/or outdoor barbecue facilities. Includes community centers.

Adaptive Reuse. A construction or remodeling project that reconfigures existing spaces, structures or buildings to accommodate a new use or to accommodate another purpose than what it was originally designed for.
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† Adult Day Care Facilities (Land Use). State-licensed facilities that provide nonmedical care and supervision for more than six adults for periods of less than 24 hours for an individual client. † Adult–Related Establishments (Land Use). Any adult bookstore, adult hotel or motel, adult motion picture arcade, adult motion picture theater, adult video store, cabaret, sexual encounter center, or any other business or establishment that offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," but not including those uses or activities, the regulation of which is preempted by State law.

1. Adult Bookstore or Novelty Store. An establishment which has more than 25 percent of its total sales or stock in trade materials that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas," as defined below.

2. Adult Hotel or Motel. A hotel, motel, or other overnight lodging establishment, which provides, through closed circuit television or other media, material which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas," (as defined below), for observation by patrons therein.

3. Adult Motion Picture Arcade. Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas," (as defined below), for observation by patrons therein. Includes "private entertainment facilities."

4. Adult Motion Picture Theater. An enclosed or unenclosed building or structure or portion thereof used for presenting material in the form of motion picture film, video tape, slides, or other similar means, which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas," (as defined below), for observation by patrons therein.

5. Adult Theater. Any theater, concert hall, auditorium, or similar commercial establishment which has more than 25 percent of its total sales from featuring persons who appear in a state of nudity or semi-nude condition and/or from featuring live performances, which are distinguished or characterized by an emphasis upon the exposure of specified anatomical areas or by specified sexual activities.

6. Adult Video Store. An establishment having 25 percent or more of its total stock in trade in video tapes for sale or rental or having viewing on the premises which contains material that is distinguished or characterized by its emphasis on matter depicting, 1301
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describing, or relating to "specified sexual activities" or "specified anatomical areas," as defined below, or an establishment with a segment or section of the store devoted to the sale or display of such material.

7. Cabaret. A bar, nightclub, theater, or other establishment which features live performances by topless and/or bottomless dancers, "go-go" dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas," (as defined below), for observation by patrons therein.

8. Massage Parlor. An establishment where, for any form of consideration or gratuity, massage, alcohol rub, administration or fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs. Does not include massage therapists ("Medical services—Health-related facilities"); masseuses under the supervision of doctors, chiropractors, physical therapists ("Medical services—Medicalrelated facilities").

9. Material. Relative to adult businesses, means and includes, but is not limited to, accessories, books, devices, magazines, pamphlets, photographs, prints, drawings, paintings, motion pictures, and video tapes, or any combination thereof.

10. Model Studio. An establishment where, for any form of consideration or gratuity, figure models who display "specified anatomical areas" (as defined below) are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by patrons paying such consideration or gratuity, except when the patrons are in attendance at art or photography classes.

11. Sexual Encounter Center. Any business, agency, or person who, for any form of consideration or gratuity, provides a place where three or more persons may congregate, assemble, or associate for the purpose of engaging in "specified sexual activities" or exposing "specified anatomical areas."

12. Specified Anatomical Areas. Means:

Less than completely and opaquely covered human genitals or pubic region, buttock, and female breast below a point immediately above the top of the areola; and
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

13. Specified Sexual Activities. Means:

Human genitals in a state of sexual stimulation or arousal; Acts of human masturbation, sexual intercourse, or sodomy; 1302
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Fondling or other erotic touching or sexual stimulation of human genitals, pubic region, buttock, or female breasts.

Advertising Structure. A structure which supports a sign.

Affordable Housing. Housing capable of being purchased or rented by a household with very low, low, or moderate income, based on a household's ability to make monthly payments. Housing is considered affordable when a household pays less than 30 percent of its gross monthly income for housing and utilities. Also see "Household income." Affordable Rent. Monthly housing expenses, including a reasonable allowance for utilities, for rental target units reserved for very low- or low-income households, as defined by the California Department of Housing and Community Development. Income levels shall be based on Average Median Income (AMI) and not exceed the following calculations:

Extremely low income: 0 to 30 percent of AMI.

Very low income: 30 percent to 50 percent of AMI.

Lower income: 50 percent to 80 percent of AMI; the term may also be used to mean 0 percent to 80 percent of AMI.

Moderate income: 80 percent to 120 percent of AMI.

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

Agent. A person authorized in writing by the property owner to represent and act for a property owner in contacts with City employees, committees, Commissions, and the Council, regarding matters regulated by this Development Code.
† Agricultural Activities and Facilities (Land Use). The production, keeping, or maintenance for sale, lease, or personal use, of plants and animals useful to man, including the following:

1. Animal Production/Keeping. The keeping or raising of farm animals (including cattle, goats, horses, sheep), fowl, poultry, fish, and other animals not commonly regarded as household pets. Does not include wild animals as defined in Section 6.04.020 of the Municipal Code, which are not permitted; swine, including pot-bellied pigs, which are not permitted; or cats, dogs, and other household pets.

2. Crop Production. The production of harvestable products that are planted, grown, and cultivated in the soil.

3. Accessory Uses and Structures. A use or structure that is in addition to, secondary and incidental to, and commonly associated with the primary use or structure, including barns, silos, coops, sheds, and farm labor housing.
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Agricultural Production/Keeping. See "Agricultural activities and facilities." Agriculture. The breeding, raising, pasturing, and grazing of livestock, for the production of food and fiber; the breeding and raising of bees, fish, poultry, and other fowl; and the planting, raising, harvesting, and producing of agricultural, aquacultural, horticultural, and forestry crops.

Airport (Major Impact Facility). Any area of land or water used for the landing and take-off of aircraft as well as any appurtenant areas used for airport buildings, aircraft operations, and related facilities, including aprons and taxiways, control towers, hangers, safety lights, and structures.

Such facilities may also include parachute jump areas and FAA-certified parachute lofts; and facilities for aircraft manufacturing, maintenance, repair, and reconditioning. Public airports may include aircraft sales and dealerships, beauty and barber shops, car rental establishments, gift shops, hotels and motels, restaurants and bars, tobacco and news stands, and other similar commercial uses serving the air-traveling public and airport employees. Also includes agricultural, personal, restricted, and public use landing strips, defined as follows:

1. Agricultural or Personal Landing Strip. A landing strip or heliport for agricultural crop dusting or personal use of the tenant or owner of the site, not available for public use, and with no commercial operations.

2. Restricted Use Airfield. A landing strip or heliport with exclusive rights of use reserved to the owners or tenants of units within any cluster development, multi familyunit development, subdivision, industry, or institution, with not more than 10 based aircraft; or an emergency heliport in conjunction with a hospital or public safety facility.

3. Public Use Airfield. Any landing strip, airport, or heliport available for public use, or listed in the Airport Directory of the current Airman's Information Manual or in the Pacific Airman's Guide and Chart Supplement.

Airport Land Use Commission (ALUC). The San Joaquin County Airport Land Use Commission, responsible for the administration of the Airport Land Use Plan prepared by the San Joaquin County Council of Governments.

Airport Overlay Zones. Areas on the ground around, and in the air above, the Stockton Municipal Airport where aircraft operations occur. The airport zones are established by Chapter 16.28 (Overlay Zoning District Land Use and Development Standards) of this Development Code. The following definitions apply to the airport zones.

1. Airport Elevation. 30 feet above mean sea level.

2. Approach Surface. A surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation established by Section 16.28.030 (Aircraft operations (-AIR) overlay district). The perimeter of the approach surface coincides with the perimeter of the approach zone.
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3. Conical Surface. A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to one for a horizontal distance of 4,000 feet.

4. Hazard to Air Navigation. An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.

5. Horizontal Surface. A horizontal plane 150 feet above the established airport elevation, the perimeter of which, in the plane, coincides with the perimeter of the horizontal zone.

6. Larger than Utility Runway. A runway that is constructed for and intended to be used by: propeller driven aircraft of greater than 12,500 pounds maximum gross weight; and jet aircraft.

7. Obstruction. Any structure, growth, or other object, including a mobile object, which exceeds a limiting height established by Section 16.28.030 (Aircraft operations (-AIR) overlay district).

8. Precision Instrument Runway. A runway having an existing instrument approach procedure utilizing an instrument landing system (ILS), or a precision approach radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or other applicable planning document.

9. Primary Surface. A surface longitudinally centered on an airport runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

10. Runway. A defined area on an airport prepared for the landing and takeoff of aircraft along its length.

11. Transitional Surfaces. These surfaces extend outward at 90 degree angles to the runway centerline and the runway centerline extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at 90 degree angles to the extended runway centerline.

12. Tree. Any object of natural growth.
† Alcoholic Beverage Sales (Land Use). See Section 16.80.040(C) (Definitions) for detail.

All-Weather Surfacing. A roadway surfacing material that will allow the roadway to be safely traversed by a passenger vehicle during any common weather condition. 1305
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Alley. A public or private roadway, generally not more than 30 feet wide that provides vehicle access to the rear or side of parcels having other public street frontage, that is not intended for general traffic circulation.

Allowed Use. A use of land identified by Division 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) as a permitted or conditional use that may be established with land use permit and, where applicable, by site plan, site plan and design review, and/or building permit approval, subject to compliance with all applicable provisions of this Development Code.

Alteration. Any construction or physical change in the internal arrangement of rooms or the supporting members of a structure, or a change in the external appearance of any structure, not including painting or replacement in-kind.

Ambulance Service. See "Medical services."
Amusement Devices. Any amusement machine or device operated by means of the insertion of a coin, token, or similar object for the purpose of gaming, as a contest of skill or amusement of any description (e.g., electronic game machines, pinball machines, shooting galleries, bowling games, shuffleboard, movie machines, etc).

Ancillary Use. A use that supports the principle or dominant use of a structure and that is located on the same parcel.
† Animal Services (Land Use). Establishments that provide a variety of services for household pets on a fee or contract basis, including the following, but not including pet stores ("Pet Stores").

1. Kennels and Boarding Facilities (Land Use). Commercial facilities for the keeping, grooming, boarding, selling, or maintaining of four or more dogs or cats, four months of age or older for commercial purposes, except for dogs or cats in pet shops. Includes kennels and catteries.

2. Pet Grooming (Land Use). A commercial facility for the washing, brushing, trimming, and other activities for the grooming of household pets.

3. Training Facilities (Land Use). Business facilities for the individual or group training of an animal by either the owner or a trainer.

4. Veterinary Clinics and Animal Hospitals (Land Use). Office and medical treatment facilities used by veterinarians where animals receive medical and surgical treatment, including large and small animal veterinary clinics, and animal hospitals. Grooming and temporary boarding of animals for 30 days is included if incidental to the hospital use.

Annual State License. An annual commercial cannabis business license issued by the California Bureau of Cannabis Control, California Department Food and Agriculture, or California Department of Public Health.
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Antenna. A device used in communications which transmits or receives radio signals, including the following.

1. Antenna, Dish. A dish-like antenna used to link communication sites together by wireless transmissions of voice or data. Also called microwave dish antenna.

2. Antenna, Panel. An antenna or array of antennas that are flat and rectangular and are designed to concentrate a radio signal in a particular area. Also referred to as a directional antenna.

3. Antenna, Satellite or Dish. An antenna for the home, business, or institutional reception of television, data, and other telecommunications broadcasts from orbiting satellites.

4. Antenna, Whip. An antenna that transmits signals in 360 degrees. These are typically cylindrical in shape and are less than six inches in diameter. Also called omnidirectional, stick or pipe antennas.

Antique Store. A retail store selling works of art, pieces of furniture or decorative objects made at least 50 years prior to the date of display in the store.

Apartment or Apartment Building. See "Multifamily dwellings." Apartment Hotel. A building or portion of a building designed for, or containing both individual guest rooms or suites of rooms and dwelling units.

Apartment Unit. An individual dwelling unit within an apartment structure intended or designed to be occupied by one family for living and sleeping purposes.

Approved Point of Terminal Drainage. A location where a drainage system is discharged into a natural or man-made stream or channel for final dispersion which has been approved by the City Engineer.

Aquaculture. The cultivation of marine or freshwater fish, shellfish, or plants under controlled conditions. Aquaculture includes aquaponics which integrates aquaculture with hydroponics by recycling the waste products from fish to fertilize hydroponically growing plants.

ARC. The Architectural Review Committee of the City, referred to in this Development Code as "ARC."
Arcade. See "Commercial amusement facilities."
Architectural Element. Any aspect of the exterior design of a building, including massing, articulation, fenestration, color, finish materials, details, roof, and wall design and features.

Architectural Projection. A building feature that is mounted on, and/or extends from, the surface of a building wall or façade, typically above ground level. Examples of architectural projections include balconies, bay windows, chimneys, lighting fixtures, etc. 1307
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† Artisan Food and Beverage. Small-scale (maximum 3,500 gross square feet) indoor production or preparation of food made on site with limited to no automated processes involved and may include direct sales to or consumption by consumers. This definition includes uses such as small- batch bakeries, micro-breweries (manufacturing 15,000 barrels per year or less), craft distilleries (manufacturing 150,000 gallons per year or less), boutique wineries (5,000 cases per year or less), small-batch candy shops, coffee roasting, and local cheese makers that produce little to no vibration, noise, fumes, or other nuisances. This use may or may not have outdoor seating or patio as an accessory use subject to Section 16.80.250. Does not include Food and Beverage Product Manufacturing (Land Use).
† Artisan Shops (Land Use). Retail stores selling art glass, ceramics, jewelry, and other art and handcrafted items, where the facility includes an area for the crafting of the items being sold.

Assembly, Places of. Any facility for the assembly of persons, animals, or vehicles, or a combination thereof, on public or private property for civic, educational, political, religious, entertainment, or social purposes, subject to the requirements of Section 16.80.080 (Assembly, places of).

Assisted Living Facilities. See "Residential care homes." † Auditoriums, Meeting Halls, and Theaters (Land Use). Indoor facilities for public assembly and group entertainment, other than sporting events, including:
civic theaters, meeting halls, and facilities for "live" theater and concerts exhibition and convention halls
meeting halls and banquet facilities for rent
motion picture theaters
public and semi-public auditoriums
similar public assembly uses
Includes adult motion picture theaters and similar adult related uses, which shall comply with standards in Section 16.80.030 (Adult-related establishments). Does not include outdoor theaters, concert and similar entertainment facilities, and indoor and outdoor facilities for sporting events ("Recreation facilities—Outdoor commercial recreation"), or "Private entertainment facilities." † Auto and Vehicle Leasing, and Rental (Land Use). Establishments leasing, and/or renting new or used automobiles, trucks and vans. Includes automobile rental facilities. Does not include:
the sale of new or used automobiles, trucks, and vans ("Auto and vehicle sales—New" and "Auto and vehicle sales—Used"); moving rentals ("Outdoor retail sales"). † Auto and Vehicle Sales—New (Land Use). Establishments selling new automobiles, trucks, and vans. May also include repair shops and the sales of parts and accessories incidental to vehicle dealerships. Does not include: the sale of auto parts/accessories separate from a vehicle 1308
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dealership ("Auto parts sales"); bicycle and moped sales ("Retail stores"); motorcycle sales ("Recreational vehicle and boat sales, leasing, and rental"); tire recapping establishments ("Major repair/body work"); businesses dealing exclusively in used parts ("Recycling—Scrap and dismantling yards"); semi- and heavy trucks ("Construction, farm, and heavy equipment sales"); moving rentals ("Outdoor retail sales"); or gas stations ("Auto and vehicle services—Fueling stations").
† Auto and Vehicle Sales—Used (Land Use). Establishments selling used automobiles, trucks, and vans. May also include repair shops and the sales of parts and accessories incidental to vehicle dealerships. Does not include: the sale of auto parts/accessories separate from a vehicle dealership ("Auto parts sales"); bicycle and moped sales ("Retail stores"); motorcycle sales ("Recreational vehicle and boat sales, leasing, and rental"); tire recapping establishments ("Major repair/body work"); businesses dealing exclusively in used parts ("Recycling—Scrap and dismantling yards"); semi- and heavy trucks ("Construction, farm, and heavy equipment sales"); moving rentals ("Outdoor retail sales"); or gas stations ("Auto and vehicle services—Fueling stations").
† Auto and Vehicle Services (Land Use). The repair, alteration, restoration, towing, painting, cleaning (including self-service and attended car washes), or finishing of automobiles, trucks, recreational vehicles, boats, and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. This use includes:

1. Car Washes (Land Use). Permanent, self-service, and/or attended car washing establishments, including fully mechanized facilities. May include detailing services.

Temporary car washes are fundraising activities where volunteers wash vehicles by hand, and are subject to the requirements of Chapter 16.164 (Temporary Activity Permits).

2. Fueling Stations (Land Use). A retail business selling gasoline or other motor vehicle fuels for gasoline-powered vehicles or charging of electric vehicles, which may also provide services which are incidental to fuel services. These secondary services may include vehicle engine maintenance and repair and towing, as well as minor, accessory retail sales. Includes gasoline stations and service stations. Does not include the storage or repair of wrecked or abandoned vehicles ("Recycling and waste facilities"); vehicle painting, body or fender work ("Auto and vehicle services—Major repair/body work"); trailer rental service ("Outdoor retail sales and activities"); or the rental of vehicle storage or parking spaces ("Auto and vehicle services— Parking facilities" and "Auto and vehicle services—Vehicle storage").

3. Inoperable Vehicle Storage (Land Use). Facility for the storage of vehicles with no functioning means of propulsion.

4. Maintenance/Minor Repair (Land Use). Facilities specializing in limited aspects of repair and maintenance. Includes muffler and radiator shops and quick-lube. 1309
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5. Major Repair/Body Work (Land Use). Repair facilities dealing with entire vehicles, including repairs requiring the need to pull the engine. Includes towing, collision repair, other body work, and painting services; and tire recapping establishments.

6. Parking Facilities (Land Use). Any area in, under, or outside of a building or structure that is designed and used primarily for the temporary parking of operable motor vehicles, including parking lots, garages, and park and ride lots. Does not include parking facilities needed to meet off-street parking requirements.

7. Vehicle Storage (Land Use). Service establishments in the business of storing operative cars, trucks, buses, recreational vehicles, boats, and other motor vehicles for clients. Includes long-term public and commercial garages, parking lots and structures, except when accessory to a primary use. (All primary uses are considered to include any customer or public use off-street parking required by the Development Code.) Includes sites where vehicles and/ or trailers are stored for rental or leasing. Does not include dismantling yards ("Recycling facilities—Scrap and dismantling yards").

Auto Center. A group of at least five automobile dealerships on at least three acres. † Auto Parts Sales (Land Use). Stores that sell new automobile parts, tires, and accessories.

May also include minor parts installation. Does not include tire recapping establishments ("Auto and vehicle services—Major repair/body work") or businesses dealing exclusively in used parts ("Recycling and waste facilities").

Automated Teller Machine (ATM). Computerized, self-service machines used by banking customers for financial transactions, including deposits, withdrawals and fund transfers, without contact with financial institution personnel. The machines may be located at or within banks, or in other locations.

Automobile Dismantling Yard. See "Recycling and waste facilities." Automobile Repair. See "Auto and vehicle services."
Avigation Easement. An easement granted by a property owner to a public agency acknowledging that aircraft operations, with related noise and hazards, may occur within the air space overhead.
—B—
Back Office Facility. Office space accommodating workers engaged in customer telephone support, information processing, mail order processing, telemarketing, and similar activities.

Balcony. Outdoor living space located on the second or higher floor of a building, enclosed by a railing or other safety barrier.
† Banks and Financial Services (Land Use). Financial institutions for the deposit, saving, cashing, investing, and/or management of money and related assets, including:
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banks and trust companies
check cashing
credit agencies
holding (but not primarily operating) companies
lending and thrift institutions
other investment companies
securities/commodity contract brokers and dealers
security and commodity exchanges
vehicle finance (equity) leasing agencies
Bars and Nightclubs. See "Alcoholic beverage sales."
Basement. Habitable space within a structure where more than one-half of the distance from its floor to ceiling is below grade. Includes cellars.

Bay Window. A window and related structure which extends outward from an exterior building wall and thereby forms an alcove in the adjoining interior space.

Bed and Breakfast Inns. See "Lodging facilities."
Beehive. An enclosed, man-made structure in which honeybee species live and raise their young.

Billboards. See "Signs, off-premises."
Block. A parcel or group of adjacent parcels surrounded by public streets, highways, freeways, railroad rights-of-way, flood control or natural drainage channels, unsubdivided acreage, or any combination of these features.

Blockface. That portion of a block or tract of land facing the same side of a single street and lying between the closest intersecting streets.

Boarding House. See "Rooming and boarding houses."
† Bridge Clubs and Nongambling Board Games (Land Use). Nongambling establishments providing facilities for the participation in the game of bridge, chess, checkers, backgammon, or other board games. Does not include card rooms or board games involving gambling ("Card rooms and pool halls/billiard parlors").
† Broadcasting Studios (Land Use). Commercial and public communications uses. Includes radio and television broadcasting and receiving stations and studios, with facilities entirely within buildings. Does not include transmission and receiving apparatus, including antennas and towers ("Communications facilities").

Building. See "Structure."
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† Building Material Stores (Land Use). Retail establishments selling lumber and other large building materials, where the majority of storage, display, and sales occur indoors. Includes: paint, wallpaper, glass, fixtures, nursery stock, and lawn and garden supplies sold to the general public, even if contractor sales account for a major proportion of total sales; incidental retail ready- mix concrete operations. Does not include: establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies ("Warehousing and distribution"); hardware stores ("Retail stores"); or the outdoor sale of building materials, including lumber yards ("Outdoor retail sales and activities").

Building Official. The City of Stockton Director of the Community Development Department, or the Deputy Director, Building Division, or any duly designated representative.

Billboards. See "Signs, off-premises."
† Business Support Services (Land Use). Establishments primarily within buildings, providing other businesses with services including maintenance, repair and service, testing, rental, etc.

Includes:
blueprinting
business equipment repair services (except vehicle repair, see "Vehicle Services") commercial art and design (production)
computer-related services (rental, repair)
copying, quick printing, and blueprinting services
equipment rental businesses within buildings (rental yards are under "Equipment Rental") film processing laboratories
light equipment repair services where repair occurs on the client site janitorial services
mail advertising services (reproduction and shipping)
photocopying
photofinishing
protective services (other than office related)
security services
soils and materials testing laboratories
window cleaning
—C—
Cabinet Shop. See "Furniture and fixtures manufacturing." 1312
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California Environmental Quality Act (CEQA). State law (California Public Resources Code Sections 21000 et seq.) requiring public agencies to document and consider the environmental effects of a proposed action, prior to allowing the action to occur.

Campgrounds. See "Recreational vehicle parks."
Cannabis. Shall have the same meaning as set forth in Business and Professions Code Section 26001(f) as the same may be amended from time to time.

Cannabis. All parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" shall also mean the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this chapter, "cannabis" does not mean "industrial hemp" as defined by Section 11018.5 of the Health and Safety Code.

Cannabis Business. A cultivator operator permit, distributor operator permit, manufacturer operator permit, non-storefront delivery operator permit, retailer operator permit, testing laboratory operator permit, or microbusiness operator permit, issued by the City pursuant to this chapter.

Cannabis Cultivation. Shall have the same meaning as set forth in Business and Professions Code Section 26001(l) as the same may be amended from time to time.

Cannabis Cultivation Operator Permit. A license issued by the City to plant, grow, harvest, dry, cure, grade, or trim cannabis and that holds an authorized Annual State License with an ALicense or M-License designation.

Cannabis Cultivation Site. Shall have the same meaning as set forth in Business and Professions Code Section 26001(m) as the same may be amended from time to time.

Cannabis Delivery. Shall have the same meaning as set forth in Business and Professions Code Section 26001(p) as the same may be amended from time to time.

Cannabis Dispensary. Shall mean a retail location where medical and/or adult-use cannabis may be sold. For purposes of this chapter, "dispensary" shall also include a cooperative. "Dispensary" shall not include the following uses: (1) a clinic licensed pursuant to Chapter 1 of Division 2 of the California Health and Safety Code; (2) a health care facility licensed pursuant to Chapter 2 of Division 2 of the California Health and Safety Code; (3) a residential care facility for persons with chronic life-threatening illnesses licensed pursuant to Chapter 3.01 of Division 2 of the California Health and Safety Code; (4) a residential care facility for the elderly licensed 1313
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pursuant to Chapter 3.2 of Division 2 of the California Health and Safety Code; (5) a residential hospice or home health agency licensed pursuant to Chapter 8 of Division 2 of the California Health and Safety Code.

Cannabis Distribution. Shall have the same meaning as set forth in Business and Professions Code Section 26001(r) as the same may be amended from time to time.

Cannabis Distributor Operator Permit. A permit issued by the City to procure, sell, and transport cannabis and cannabis products to a person or persons who hold an authorized Annual State License with an A-License or M-License designation.

Cannabis Manufacturer. Shall have the same meaning as set forth in Business and Professions Code Section 26001(ah) as the same may be amended from time to time.

Cannabis Manufacturer Operator Permit. A permit to conduct the production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or re-packages cannabis or cannabis products or labels or re-labels its container to a person or persons who hold an authorized Annual State License with an A-License or M-License designation.

Cannabis Manufacturing Site. Shall have the same meaning as set forth in Business and Professions Code Section 19300.5 (a-f) as the same may be amended from time to time.

Cannabis Non-Storefront Delivery Operator Permit. A cannabis business that holds a valid retail Annual State License that delivers cannabis and cannabis products to customers from a licensed premises that is not accessible by or open to members of the public.

Cannabis Nursery. Shall have the same meaning as set forth in Business and Professions Code Section 26001(aj) as the same may be amended from time to time.

Cannabis Retailer Operator Permit. A retail storefront permitted by the City where medical and/or adult-use cannabis products can be sold. For purposes of this chapter, "retailer operator permit" shall also include a cooperative. "Retailer operator permit" shall not include the following uses: (1) a clinic licensed pursuant to Chapter 1 of Division 2 of the California Health and Safety Code; (2) a health care facility licensed pursuant to Chapter 2 of Division 2 of the California Health and Safety Code; (3) a residential care facility for persons with chronic life-threatening illnesses licensed pursuant to Chapter 3.01 of Division 2 of the California Health and Safety Code; (4) a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the California Health and Safety Code; or (5) a residential hospice or home health agency licensed pursuant to Chapter 8 of Division 2 of the California Health and Safety Code.

Cannabis Testing Laboratory. Shall have the same meaning as set forth in Business and Professions Code Section 26001(at) as the same may be amended from time to time. 1314
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Canning and Kindred Food Products Manufacturing. See "Manufacturing, heavy manufacturing."
Car Washes. See "Auto and vehicle services."
† Card Rooms (Land Use). Business, activity, or enterprise conducting card games, as defined in Title 5 of SMC. Does not apply to any bona fide nonprofit society club, fraternal, labor, or other organizations having adopted bylaws and duly elected directors and members having exclusive use of these facilities at no charge, and whose operation is incidental to the main purpose of the organization. Does not include bridge clubs, chess clubs, and other nongambling board games ("Bridge clubs and nongambling board games"). Card rooms shall comply with the standards for problem uses (Section 16.80.270).

Care Homes, Six or Fewer Clients. See "Residential care homes." † Caretaker and Employee Housing (Land Use). A temporary or permanent residence that is accessory to a nonresidential primary use of the site, where needed for security or 24-hour care or supervision. Does not include living quarters within a single-family dwelling for domestic employees ("Single-family dwelling").

Carport. See "Garage or carport."
Categorical Exemption. As defined by Section 15354 of the State CEQA Guidelines (Title 14, California Code of Regulations), an exemption from CEQA for a class of projects based on a finding by the Secretary of Resources that the class of projects does not have a significant effect on the environment.

Cemeteries. See "Funeral facilities and services."
Channel Area. The area that is generally along the north and south shores of the Stockton Channel approximately between Weber Point and Louis Park. Specifically, it begins at the intersection of the centerlines of Weber Avenue and Center Street; then goes west along the centerline of Commerce Street; south along the centerline of Commerce Street to its intersection with the northerly right-of-way line of the Crosstown Freeway; follows the western and then northwestern right-of-way line to the intersection of the freeway and the eastern centerline of Mormon Slough; continuing west along the centerline of Mormon Slough to its intersection with the centerline of the Stockton Channel; then west along the centerline of the Stockton Channel to its intersection with the centerline of Monte Diablo Avenue; then east along the centerline of Monte Diablo Avenue to its intersection with the centerline of Ryde Avenue; then south along the centerline of Ryde Avenue to its intersection with the centerline of Monroe Street; then north along the centerline of Monroe Street to its intersection with the centerline of Park Street; then along the centerline of Park Street to its intersection with the centerline of Center Street; and finally along the centerline of Center Street to the beginning point.

Channelized Intersection. Intersections which are striped to specifically identify travel lanes. 1315
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Chemical Product Manufacturing. See "Manufacturing, heavy manufacturing." † Child Care Facilities (Land Use). Facilities that provide nonmedical care and supervision of minor children for periods of less than 24 hours for an individual child. These facilities include the following, all of which are required to be licensed by the California State Department of Social Services:

1. Child Care Center (Land Use). Commercial or nonprofit child day care facilities designed and approved to accommodate 15 or more children. Includes infant centers, preschools, sick- child centers, day care centers, and school-age day care facilities. These may be operated in conjunction with a school or church facility, or as an independent land use.

2. Large Family Child Care Home (Land Use). A child care facility located in a singlefamily residence where an occupant of the residence provides care and supervision for nine to 14 children. Children under the age of 10 years who reside in the home count as children served by the child care facility.

3. Small Family Child Care Home (Land Use). A child care facility located in a singlefamily residence where an occupant of the residence provides care and supervision for eight or fewer children. Children under the age of 10 years who reside in the home count as children served by the child care facility.

Church. See "Religious facilities."
City. The City of Stockton.

City Approved Plan. Any plan approved by the City Engineer or authorized representative with the signed concurrence of the City Landscape Architect or any plan approved by the Council or City Landscape Architect.

City Council. The Stockton City Council, referred to in this Development Code as the "Council." City Engineer. For purposes of this Development Code, the person(s) designated by the City Manager as the City Engineer, or a duly designated representative, to fulfill the duties of City Engineer in compliance with Section 16.212.080 (City Engineer), as well as other duties defined by this Development Code.

City Landscape Architect. An individual designated by the City Manager as Parks Facility Planner (Landscape Architect), or any duly designated representative.

City Manager. An individual designated by the Council as City Manager, or any duly designated representative of the City Manager.

Clinics and Laboratories. See "Medical services."
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† Clubs, Lodges, and Private Meeting Halls (Land Use). Permanent, headquarters-type and meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including facilities for:
business associations
civic, social, and fraternal organizations
labor unions and similar organizations
political organizations
professional membership organizations
other membership organizations
yacht clubs
Code. The Stockton Municipal Code.
† Co-Living (Dwelling Unit Facility) (Land Use). See Section 16.80.225, Co-living facilities.

Collectibles. Objects and artifacts favored and accumulated by collectors, including coins, stamps, sport cards, ceramics, and others.

Collection Facilities. See "Recycling and waste facilities." Collectives. Businesses, farms, etc., jointly owned and operated by members of a group. Should be an organization that merely facilitates the collaborative efforts of patient and caregiver members, including the allocation of costs and revenues. † Commercial Amusement Facilities (Land Use). Establishments providing indoor amusement and entertainment services for a fee or admission charge, including the following indoor activities:
amusement and theme parks
arcades
bingo
dance halls, clubs, and ballrooms
dart throwing booths
electronic arcade games
interactive inflatable attractions
laser tag and similar games
Two or less arcade machines are not considered a land use separate from the primary use of the site. Does not include arcade games or other activities located within private entertainment facilities ("Private entertainment facilities"), recreational facilities such as sport facilities ("Indoor 1317
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recreation facilities" and "Outdoor commercial recreation facilities"), as well as "Equestrian facilities," "Golf courses/country clubs," "Parks and playgrounds," and "Private recreational facilities."
Commercial Cannabis Activity. The cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis or sale of cannabis and cannabis products or any other activity provided for in this code and in the Medicinal and Adult-Use Cannabis Regulation and Safety Act (Business and Professions Code, Division 10).
† Commissary (Land Use). An establishment where food, containers, equipment, or supplies are stored, handled, prepared, or prepackaged for use in motorized food wagons.

Commissary Kitchen. A retail or non-retail food establishment devoted to the commercial preparation, production, and cooking of food and beverages for on- or off-site consumption.

Commission. The City of Stockton Planning Commission, referred to in this Development Code as the "Commission."
Common Interest Development. A development that is created whenever a separate interest coupled with an interest in the common area or membership in the association is, or has been, conveyed. It includes a condominium, community apartment project, planned development, or stock cooperative, in compliance with Civil Code Section 1351. † Communications Facilities (Land Use). A public or private structure that supports antennas, microwave dishes, and other related equipment for sending and/or receiving radio and television signals. These facilities may support a variety of services, including: cellular telephone; personal communication services (PCS) and networks; paging; dispatching enhanced specialized mobile radio; television; radio; and all other wireless communications except for satellite antennas, amateur (ham) radio communication facilities, and citizen band radio antennas which are incidental to the primary use and meet the standards for such uses (Section 16.44.050). Does not include telephone, telegraph, and cable television transmission facilities utilizing hard-wired or direct cable connections. Communication facilities shall comply with the standards for communication facilities (Chapter 16.44).

1. Major Communication Facility (Land Use). A communication facility that: (a) is a freestanding, ground-mounted facility; (b) is structure- or roof-mounted and exceeds 10 feet in height above the roof ridge line; or (c) does not qualify as a "Minor communication facility," below.

2. Minor Communication Facility (Land Use). A communication facility that is: (a) within the public right-of-way and structurally integrated into or on top of a light standard, utility pole, or a metal or precast concrete monopole that is similar in design to a street light pole or street tree, or similar structure; (b) structure- or roof-mounted not exceeding 10 feet in 1318
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height above the roof ridge line unless designed as a stealth facility; or (c) a co-location at lower height, structurally integrated, or freestanding stealth facility.

Communications Facility.

1. Amateur Radio Communication Facilities. A facility for amateur radio communications which includes noncommercial antennas operated by a Federally licensed amateur radio operator.

2. Antenna. A device used in communications which transmits and/or receives radio or television signals, including dish, panel parabolic, and whip antennas.

3. Citizen Band (CB) Radio Service. A two way voice communication service which does not require a license from the Federal Communications Commission (FCC).

4. Co-location. The locating of wireless communications equipment for multiple users on a single ground-mounted, roof-mounted, or structure-mounted facility.

5. Equipment Shelter/Cabinet. A building or cabinet used to house radio and computer equipment that is used for the transmission and/or reception of wireless radio signals.

6. Ground-Mounted. Mounted to a pole, monopole, lattice tower, or other freestanding structure specifically constructed for the purposes of supporting antennas and/or microwave dishes.

7. Lattice Tower. A structure with three or four steel support legs that supports a variety of antennas. These towers generally range in height from 60 to 200 feet and are constructed in areas where increased height is needed, microwave antennas are required, or where the weather demands a more structurally-sound design.

8. Major Communication Facility. A communication facility that Is one of the following types of facilities:

A freestanding ground-mounted facility; or
A structure- or roof-mounted facility that is more than 10 feet above the roof ridge line; and
Does not qualify as a "Minor communication facility."

9. Minor Communication Facility. A communication facility that:

Is within the public right-of-way and structurally integrated into or on top of a light standard, utility pole, or a metal or precast concrete monopole (similar in design to a street light pole or street tree) or similar structure; Is structure or roof-mounted so as not to be more than 10 feet above the roof ridge line, unless designed as a stealth facility; or
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Is a co-location at lower height, structurally integrated, or a freestanding stealth facility.

10. Microwave. Spectrum frequencies from a GHz to 300 GHz; highly directional when used for radio frequency transmissions. Uses relatively low transmitter power levels when compared to other forms of transmission.

11. Monopole. A structure composed of a single spire used to support antennas and related equipment.

12. Radio Frequency Radiation (RFR). An emission of wireless communication caused by the movement of electromagnetic energy through space, which lies in the frequency range from three kHz to 300 GHz. This term is also used interchangeably with electromagnetic fields (EMP).

13. Radome. A dome or spherical-like cover fabricated for the protection and concealment of antennas.

14. Roof-Mounted. Antennas and/or equipment mounted above the roof ridge line of a structure.

15. Roof Ridge Line (Also Known as Structure Ridge Line). The line along the top of a roof or top of a structure.

16. Stealth Facility. A communications facility that is integrated or attached as part of a structure or is a freestanding monopole incorporating flush mounted antennas or a radome design.

17. Structure-Mounted. Mounted to, or as part of, a structure (e.g., a building, billboard, church steeple, freestanding sign, water tank, etc.).

Community Apartment Project. A development in which an undivided interest in land is coupled with the right of exclusive occupancy of any apartment on the land, as defined in Business and Professions Code Section 11004, and Civil Code 1351(d). † Community Garden. An otherwise undeveloped lot divided into multiple garden plots where persons not owning or residing on the property grow and harvest fruits, vegetables, fiber, nuts, seeds, flowers and culinary herbs primarily for personal consumption or use of the growers, and that is established, operated, and maintained by a group of persons, other than the City. A community garden does not include a private garden or edible landscaping on a lot developed with one or more residences and devoted to the personal use of the occupants of the residences.

Community gardens are subject to the requirements of Section 16.80.130 (Community gardens).

Community Shopping Center. See "Shopping center."
Compact Residential Lots. Lots of less than 5,000 square feet.

Compatibility. The capability of co-existing without conflict. 1320
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Concrete, Gypsum, and Plaster Product Manufacturing. See "Manufacturing, heavy manufacturing."
Conditional Use. A use of land identified by Division 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) as being allowed in a particular zoning district subject to the approval of a use permit in compliance with Chapter 16.168 (Use Permits).

Condominium. As defined by Civil Code Section 1351, means a development where undivided interest in common in a portion of real property is coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map or parcel map. The area within the boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to any land except by easements for access and, if necessary, support.

Conducting Authority. The legislative body authorized by the Local Agency Formation Commission to conduct proceedings for a boundary or organization change in compliance with Government Code Section 56029.
† Conservation Areas (Land Use). Environmentally sensitive areas of land or water, essentially unimproved, that have been set aside, dedicated, designated, or reserved for protection from any activity that would significantly alter their open space or passive recreational value or ecological integrity, balance, or character. Includes wetlands, vernal pools, floodplains, riparian forests, riparian corridors, and habitat for multiple species of wildlife; preserves; and lands designated as Agricultural habitat lands, multi-purpose open space lands, and natural lands in the San Joaquin County Habitat Conservation Plan which are in need of being preserved for their habitat and/or open space values. Includes interpretive centers and passive outdoor recreation areas. Does not include parks, playgrounds, and athletic fields for active recreational uses ("Parks and playgrounds") or privately-owned, commercial facilities ("Outdoor commercial recreation," "Indoor recreation facilities," or "Recreational vehicle parks"). † Construction, Farm, and Heavy Equipment Sales (Land Use). Retail establishments selling or renting heavy construction equipment, including cranes, earth moving equipment, tractors, truck trailers detached from their tractor, harvesters, heavy trucks, etc.

Containerized Storage Units. Unmodified, stackable, metal shipping containers that are greater than 120 square feet, not permanently affixed to the ground, and used for accessory storage.

Subject to the requirements for accessory uses and structures (Section 16.80.020).

Contiguous. Next to, abutting, adjacent, or touching and having a boundary, or portion of it, that is in common. Two parcels will be considered to be contiguous even if there is an existing road, street, utility easement, river, or railroad right-of-way between them provided the underlying fee title of the road, street, utility easement, river, or railroad right-of-way is owned by the owner of the two parcels.
† Convenience Stores (Land Use). Easy access retail stores selling a combination of alcohol, gasoline, and a range of merchandise to provide a variety of items primarily for the motoring public. 1321
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Convenience stores shall comply with the standards for alcoholic beverage sales (off-sale) (Section 16.80.040) and for problem uses (Section 16.80.270).

Conversion. A change from one land use to another.

Cottage Food Operations. A home-based business that can prepare and package nonpotentially hazardous foods in a private home kitchen and has received a cottage food license from San Joaquin County Environmental Health Department.

Council. The City Council of the City of Stockton, referred to in this Development Code as the "Council."
Crop Production. See "Agricultural activities and facilities." —D—
Dedication. The transfer of property by the owner to a public agency or utility for specific purposes such as streets, roads, utilities, and parks.

Delineated Drainage Area. An area identified in the 1973 Siegfried/Nolte study and amendments thereto as a drainage district or basin which is capable of being drained with an integrated drainage system of trunk lines and outfall works.

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

Density Bonus. See Section 16.40.030, Definitions.

Department. The Stockton Community Development Department, referred to in this Development Code as "Department."
Design. In relation to public improvements and subdivisions, design is street alignments, grades and widths; drainage and sanitary facilities and utilities, including alignments and grades; locations and size of all required easements and rights-of-way; fire roads; lot size and configuration; traffic access; grading; land to be dedicated for park or recreational purposes; and other specific requirements in the plan and configuration of the entire subdivision or development as may be necessary or convenient to insure conformity to or implementation of the General Plan or any adopted specific plan.

Detached Structure. Any structure that does not have a wall or roof in common with another structure.

Developer. A person, firm, corporation, partnership or association who proposes to develop or subdivide real property for oneself or others.

Development. Any subdivision, construction activity, or alteration of the landscape, its terrain contour or vegetation, including the erection or alteration of structures. New development is any construction, or alteration of an existing structure or land use, or establishment of a land use, after the effective date of this Development Code, and is subject to this Development Code. 1322
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Development Agreement. A contract between the City and an applicant for a development project, in compliance with Chapter 16.128 (Development Agreements) of this Development Code and Government Code Sections 65864 et seq. A development agreement is intended to provide assurance to the applicant that an approved project may proceed subject to the policies, rules, regulations, and conditions of approval applicable to the project at the time of approval, regardless of any changes to City policies, rules, and regulations after project approval. In return, the City may be assured that the applicant will provide infrastructure and/or pay fees required by a new project.

Development Code. The Stockton Development Code, Title 16 of the Stockton Municipal Code, referred to herein as "this Development Code."
Development Standard. A site or construction condition, including, but not limited to, height limits, required setbacks, maximum floor area ratio, on-site open-space requirement, or required parking that applies to a residential development pursuant to any ordinance, General Plan, specific plan, Charter, or other local condition, law, policy, resolution, or regulation.

Director. The City of Stockton Community Development Director, referred to in this Development Code as the "Director."
Discount Superstores. General retail stores that contain a full service grocery department under the same roof that shares entrances and exits with the rest of the store area, exceed 100,000 square feet of gross "sales floor area," and devote at least 10 percent of the total sales floor area to the sale of "nontaxable merchandise." See Chapter 16.24.

Downtown. The area of the City of Stockton generally bounded by Fremont Street, Aurora Street, Hazelton Avenue, and Interstate 5.

Downtown Core. The area of the City of Stockton bounded by Park Street, Union Pacific Railroad tracks, the Crosstown Freeway, and Interstate 5 as illustrated by the Stockton 2040 General Plan.

DRC. The Development Review Committee of the City, referred to in this Development Code as the "DRC."
Drive-In and Drive-Through Sales. Facilities where food or other products may be purchased by motorists without leaving their vehicles. These facilities include fast-food restaurants, drivethrough coffee, dairy product, photo stores, etc.

Drive-In and Drive-Through Services. Facilities where services may be obtained by motorists without leaving their vehicles. These facilities include drive-up bank teller windows, dry cleaners, etc. Does not include: automatic teller machines (ATMs) or automobile service stations, or car washes, which are separately defined.

Driveway. A means of vehicular access from private property to traveled vehicular way which traverses public right-of-way.
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1. Nonresidential Driveway. A driveway used for nonresidential purposes, including driveways used primarily by commercial vehicles for commercial purposes and to serve a business establishment.

2. Residential Driveway. A driveway used primarily by private passenger vehicles serving residential properties.

Drug Abuse, Alcohol Recovery/Treatment Facility. See "Social services facilities." Drug Paraphernalia. As defined in California Health and Safety Code Section 11362.5 et seq., and as may be amended.

Dry Cleaning Pick-Up Stores. Dry cleaning establishments of less than 2,000 square feet that do not use chemical processes. See "Personal Services, Unrestricted." † Duplexes (Land Use). Freestanding residential structures under single ownership containing two attached independent dwellings, each with one kitchen and direct outdoor access. Does not include "Rooming and/or Boarding Houses."
Dwelling. Any structure designed or used for the shelter or housing of one or more persons. † Dwelling Group (Land Use). A group of two or three single-family homes, including tiny homes (permanent), occupying a parcel of land in one ownership and having a yard or court and parking in common. Does not include multifamily, triplexes, or motels.

Dwelling, Multiple. See "Multifamily dwellings." Dwelling, One-Family. See "Single-family dwellings." Dwelling, Two-Family. See "Duplexes."
—E—
† Educational Facilities (Land Use). Facilities that provide for the education and/or training of individuals or groups.

1. Academic Schools—Private (Land Use). Any privately-owned and operated elementary or secondary academic educational facility.

2. Academic Schools—Public (Land Use). Public elementary schools, middle schools, secondary schools, high schools, community colleges, colleges, universities, and any other public school providing academic instruction for students from kindergarten through 12th grade and higher.

3. Colleges and Universities—Private (Land Use). Any privately-owned college, university, medical school, law school, or institution of higher education, not including vocational and technical schools.

4. Equipment Repair and Maintenance Training (Land Use). Facilities and programs for training students in the repair and maintenance of business equipment and consumer products, including: computers and other electronic equipment; television and radio and 1324
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other appliance repair; watch, clock, and jewelry repair; re-upholstery and furniture repair; and shoe repair.

5. Specialized Education and Training (Land Use). Facilities for instructing and training students in a variety of specialized programs. These uses include the following:
art schools
ballet and other dance academies
business and secretarial schools
computers and electronics training schools
courses by mail
drama schools
driver education schools — passenger vehicles
firearms training center
gymnastics
language schools
martial arts schools
music schools and academies
professional schools (accounting, computer, etc.)
seminaries/religious ministry training facilities
Also includes facilities, institutions, and conference centers that offer specialized programs in personal growth and development, including fitness, environmental awareness, arts, communications, and management. Does not include pre-schools and child day care facilities ("Child care facilities"); law and medical schools ("Educational facilities, academic schools— Public" and "Colleges and universities—Private").

6. Vehicle Repair and Maintenance Training (Land Use). Facilities and programs for training students in the repair and maintenance of vehicles, including: repair, alteration, restoration, towing, painting, cleaning, or finishing of automobiles, motorcycles, trucks, recreational vehicles, boats, and other vehicles.

7. Vocational and Technical Schools (Land Use). Also known as trade schools or technical colleges, these schools focus on skills training for particular jobs or career fields, rather than on academics in the liberal arts. Programs at these schools typically last one to two years full- time, although students may attend part-time, and students may obtain diplomas, certificates or associate degrees, depending on the length of the program. This use typically includes the following programs: nursing and occupational therapy, computer 1325
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programming, carpentry, plumbing, accounting clerk, dental hygienist, veterinary technician and welder.

8. Truck and Heavy Equipment and Training (Land Use). Facilities for instructing and training students in a variety of truck, construction and heavy equipment vehicles.

Effective Removal (Tree). Any technique, operation, or activity that could lead to the permanent disfigurement, destruction, or the removal (as determined by the Director) of a tree, including any extreme pruning which is not consistent with proper urban forestry Arboriculture practices. † Electricity Generating Plants/Facilities (Land Use). Plants and facilities used for the generation, storage, and transmission of electric energy.

Electric Vehicle Charging Station. A station that is designed in compliance with the California Building Standards Code and delivers electricity from a source outside an electric vehicle into one or more electric vehicles. An electric vehicle charging station may include several charge points simultaneously connecting several electric vehicles to the station and any related equipment needed to facilitate charging plug-in electric vehicles. † Electronics, Equipment, and Appliance Manufacturing (Land Use). Establishments engaged in manufacturing machinery, apparatus, and supplies for the generation, storage, transmission, transformation, and use of electrical energy. May include the assembly of the manufactured parts. Includes:
appliances including stoves/ovens, refrigerators, freezers, laundry equipment, fans, vacuum cleaners, sewing machines
aviation instruments
electrical transmission and distribution equipment
electronic components and accessories, and semiconductors, integrated circuits, related devices
electronic instruments, components, and equipment, including computers and calculators electrical welding apparatus
lighting and wiring equipment including lamps and fixtures, wiring devices, vehicle lighting industrial apparatus
industrial controls
instruments for measurement, testing, analysis and control, associated sensors, and accessories
miscellaneous electrical machinery, equipment, and supplies including batteries, X-ray apparatus and tubes, electromedical and electrotherapeutic apparatus, electrical equipment for internal combustion engines
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motors and generators
optical instruments and lenses
photographic equipment and supplies
pre-recorded magnetic tape
radio and television receiving and sound reproduction equipment including televisions and radios; sound recorders; CDs, DVDs, and phonograph record players; surgical, medical and dental instruments, equipment, and supplies
surveying and drafting instruments
telephone and telegraph apparatus
transformers, switch gear, and switchboards
watches and clocks
Does not include testing laboratories (soils, materials testing, etc.) ("Business support services"); research and development facilities separate from manufacturing ("Research and development"); assembly only of parts ("Manufacturing, light manufacturing—Product assembly and distribution"); professional, scientific, and controlling instruments ("Handcraft industries, smallscale manufacturing").

Emergency Machinery, Vehicles, or Alarm. Any machinery, vehicle or alarm used, employed, performed or operated in an effort to protect, provide or restore safe conditions in the community, or work by private or public utilities when restoring utility service.

Emergency Shelters. See "Social Services Facilities (Land Use)." Emergency Work. Work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.

Encroachment Permit. A permit required to do excavations, construction, maintenance, and/or repairs in a public street, alley, or other public place, including working on public improvements or franchised utilities.

Enlargement of Use. The expansion of a land use activity on a site or within a structure so that the use/activity occupies more floor or site area than before the expansion.

Entitlement. An authorization from the City for development or the use of property.

Environmental Assessment. A detailed statement setting forth the environmental effects and considerations pertaining to a project as specified in the California Environmental Quality Act, and may mean either a draft or a final EIR, or an initial study leading to a negative declaration. 1327
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Environmental Impact Report (EIR). An informational document used to assess the physical characteristics of an area and to determine what effects will result if the area is altered by a proposed action, prepared in compliance with the California Environmental Quality Act (CEQA). † Equestrian Facilities (Land Use). Commercial horse, donkey, and mule facilities including horse ranches, boarding stables, riding schools and academies, horse exhibition facilities (for shows or other competitive events), pack stations, and barns, stables, corrals, and paddocks accessory and incidental to these uses.
† Equipment Rental (Land Use). Service establishments with outdoor storage/rental yards, which may offer a wide variety of materials and equipment for rental, including construction equipment. Does not include the rental of equipment utilizing a combustion engine ("Construction, farm, and heavy equipment sales") or rental of equipment that is totally indoors ("Retail stores").

Equipment Repair and Maintenance Training. See "Educational facilities." Equity Program. A program designed to promote equitable business ownership opportunities in the cannabis industry in order to decrease disparities in life outcomes for marginalized communities and address the disproportionate impacts of cannabis in adversely-impacted and lower income communities.

Exaction. A contribution or payment required as an authorized precondition for receiving a development permit.

Explosives. Any substance defined as an explosive by Health and Safety Code Sections 12000 et seq., and for which a permit is required by the Health and Safety Code.

Explosives, Fireworks, and Ordinance Manufacturing. See "Manufacturing, heavy manufacturing."
Extended Care. See "Medical facilities."
Extended Stay Facilities. See "Lodging facilities."
—F—
† Fabric Product Manufacturing (Land Use). Manufacturing establishments assembling clothing, draperies, and other products by cutting and sewing purchased textile fabrics and related materials including leather, rubberized fabrics, plastic, and furs. Includes: apparel and other finished products made from fabrics and similar materials; hats (assembly); leather gloves and mittens; handbags and small leather goods; luggage; miscellaneous leather goods. Does not include custom tailors and dressmakers not operating as a factory and not located on the site of a clothing store ("Personal services"). See also "Textile and leather product manufacturing." Family Care Homes, Seven or More Clients. See "Residential care homes." 1328
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Farmer's Market. An open air market that offers the sale of fresh agricultural products directly to the consumer where the vendors are generally individuals who have raised the vegetables or produce.

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

Feed Yard or Lot. See "Major impact facilities."
Feeding Centers. See "Social services facilities."
Final Map. A subdivision map prepared in compliance with Subdivision Map Act, Article 2, Chapter 2, and approved in compliance with Subdivision Map Act, Article 4, Chapter 3, that is used to complete the subdivision of five or more parcels.

Finish Grade. The ground elevation after the completion of grading operations.

Floodplain Management. The operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including, but not limited to, emergency preparedness plans, flood control works, floodplain management regulations, and open space plans. This includes the following terms which shall have the same meanings as defined in California Government Code Section 65007.

Adequate Progress;
Developed Area;
Flood Hazard Zone;
National Federal Emergency Management Agency Standard of Flood Protection; Nonurbanized Area;
State Plan of Flood Control;
Undetermined Risk Area;
Urban Area;
Urbanizing Area;
Urban Level of Flood Protection.
† Food and Beverage Product Manufacturing (Land Use). Manufacturing establishments packaging, repackaging, production, or processing of an edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for animal or human digestion, or certain related products. This definition includes uses such as:
bakeries
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bottling plants
breweries
candy, sugar and confectionery products manufacturing
canneries
catering services separate from stores or restaurants
coffee roasting
dairy products manufacturing
fats and oil product manufacturing
fruit and vegetable canning, preserving, and related processing grain mill products and by-products
prepared meat products
sausage
soft drink production
wineries
miscellaneous food item preparation from raw products
May include tasting and accessory retail sales of beverages produced on site. Does not include a tasting facility separate from the manufacturing facility where alcoholic beverages are tasted ("Alcoholic beverage sales—Bars and nightclubs") or where beverages are nonalcoholic ("Restaurant"); bakeries which sell all products on site ("Retail stores"); beer brewing as part of a brew pub, bar, or restaurant ("Bars and nightclubs"); meat, poultry, and seafood canning, curing, byproduct processing ("Manufacturing, heavy manufacturing—Canning and kindred food products manufacturing"); the killing/slaughtering of animals, or rendering plants ("Major impact facilities"); or Artisan Food and Beverage.
† Food Truck Park (Land Use). A permanent open-air facility that is designed to accommodate two or more operating motorized food wagons to offer food or beverages for sale to the public located on a developed lot or parcel(s). The food truck park is strictly for the sale of foods or beverages. The scale of uses that encompass the food truck park include food truck pod, food truck hub, and food truck plaza.

1. Food Truck Pod (Land Use). A permanent open-air facility that is designed to accommodate two to five operating motorized food wagons to offer food or beverages for sale to the public located on a developed lot or parcel(s). 1330
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2. Food Truck Hub (Land Use). A permanent open-air facility that is designed to accommodate six to 10 or more operating motorized food wagons to offer food or beverages for sale to the public located on a developed lot or parcel(s).

3. Food Truck Plaza (Land Use). A permanent open-air facility that is designed to accommodate 11 or more operating motorized food wagons to offer food or beverages for sale to the public located on a developed lot or parcel(s). † Food Truck Park/Commissary Co-location (Land Use). A land use intended to accommodate motorized food wagons that offer food or beverages for sale to the public and provide the required commissary services to those motorized food wagons residing at the site.

Fraternity/Sorority House. See "Organizational houses." Freeway. Any highway that the owners of abutting lands have no right to easement of access to or from their abutting lands or the owners have only limited or restricted right or easement of access, that has no at-grade intersections or crossings, and that is under the jurisdiction of California Department of Transportation and has been declared to be a freeway in compliance with the California Streets and Highways Code.

Frontage. The portion of a lot that is adjacent to, and parallel to, the street right-of-way, including all contiguous property owned by or under the control of the applicant.

Fueling Stations. See "Auto and vehicle services."
† Funeral Facilities and Services (Land Use). Facilities providing interment services. Includes:

1. Cemeteries (Land Use). Establishments engaged in subdividing property into cemetery lots and offering burial plots or air space for sale. Includes animal cemeteries; cemetery, mausoleum, cinerarium, and columbarium operations.

2. Mortuaries (Land Use). Establishment where deceased are prepared for burial or cremation, and funeral services may be conducted. Does not include crematoriums.

3. Funeral Homes (Land Use). Establishment where funeral services are conducted without preparation of deceased for burial or cremation. Excludes religious facilities.

4. Crematorium (Land Use). Establishment of a facility used for the incineration of human or animal remains, excluding activities related to funeral homes. Excludes activities related to mortuaries.
† Furniture and Fixtures Manufacturing (Land Use). Manufacturers which produce wood and metal: household furniture; bedsprings and mattresses; all types of office furniture, partitions, shelving, lockers, and store furniture; and miscellaneous drapery hardware, window blinds and shades. Includes wood and cabinet shops. Does not include sawmills or planing mills ("Lumber and wood product manufacturing"); or the manufacture of household appliances ("Electronics, equipment, and appliance manufacturing").
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† Furniture, Furnishings, and Appliance Stores (Land Use). Stores engaged primarily in the retail sale or rental of household furniture, outdoor furniture, office furniture, and appliances; related services, including incidental repair services; and the incidental sale of interior decorating materials and services:
floor coverings
furniture
home appliances
home furnishings
home sound systems
lawn furniture
office furniture
other household electrical and gas appliances
outdoor furniture
refrigerators
stoves
televisions
Does not include the primary retail sale of interior decorating materials and services such as china, glassware, and metal ware for kitchen and table use; bedding and linens; brooms and brushes; lamps and shades; mirrors and pictures; Venetian blinds and window shades; and movable spas and hot tubs ("Retail Store").
—G—
Garage or Carport. Parking space and shelter for automobiles or other vehicles, where the size of the parking space complies with the provisions of Chapter 16.64 (Off-Street Parking and Loading Standards).

A garage is an attached or detached accessory structure with a door, enclosed on four sides.

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

Garage, Public. See "Parking facilities, public."
Garage Sale. The sale or offering for sale to the general public of over five items of personal property on any portion of a lot in a residential zoning district, whether within or outside any building.
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Garage, Storage. See "Parking facilities/vehicle storage." General Plan. The City of Stockton General Plan, including the policy document, background document, and land use and circulation diagram, and all amendments thereto, as adopted by the City Council under the provisions of Government Code Sections 65300 et seq., and referred to in this Development Code as the "General Plan."
Glass Product Fabrication. See "Manufacturing, light manufacturing." Glass Product Manufacturing. See "Manufacturing, heavy manufacturing." † Golf Courses/Country Clubs (Land Use). Golf courses and accessory facilities and uses including: clubhouses with bar and restaurant; locker and shower facilities; driving ranges; "pro shops" for on-site sales of golfing equipment; and golf cart storage and sales facilities.

Grade. See "Site/lot characteristics."
Greater Downtown. The area of the City of Stockton bounded by Harding Way, Charter Way/ Martin Luther King Jr. Boulevard, Pershing Avenue, and Wilson Way as illustrated by the Stockton 2040 General Plan.

Guest House. A detached structure of 400 square feet or more, accessory to a single- familyunit dwelling, accommodating living/sleeping quarters, but without kitchen or cooking facilities.

Guest or Rest Home. See "Residential care homes."
Guest Room. A room within the primary dwelling unit on a site which is designed and/or used by one or more guests for sleeping purposes, having no cooking facilities, and no separate entrance. —H—
† Handcraft Industries, Small-Scale Manufacturing (Land Use). Application, teaching, making, or fabrication of crafts or products by an artist, artisan, or craftsperson either by hand or with minimal automation and may include direct sales to consumers. This definition includes uses that employ activities and processes such as small-scale (maximum 3,500 square feet) fabrication, welding, and coating, that are typically not permitted in non-industrial zoning districts. Includes establishments manufacturing and/or assembling small products primarily by hand, including jewelry, pottery, and other ceramics, as well as small glass and metal art and craft products. Also includes manufacturing establishments not classified in another major manufacturing group, including: brooms and brushes; buttons, costume novelties; jewelry; musical instruments; pens, pencils, and other office and artists' materials; sporting and athletic goods; toys; professional, controlling, and scientific instruments; monuments and headstones; and other miscellaneous manufacturing industries. This definition does not include artisan food and beverage preparation or sales.
† Health/Fitness Facilities (Land Use). Fitness centers, gymnasiums, health and athletic clubs, including indoor sauna, spa, or hot tub facilities. Could include accessory retail sales of food and 1333
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equipment. Does not include sports activities such as tennis, handball, racquetball, archery and shooting ranges, swimming pools, and other sports activities which shall meet the requirements for the specific activity; and other outdoor commercial recreation facilities ("Outdoor commercial recreation facilities").

Height of Structure. See Section 16.36.090 (Height measurement and height limit exceptions).

Heritage Tree. Any Quercus lobata (commonly known as "Valley Oak"), Quercus agrifolia (Coast Live Oak), and Quercus wislizenii (Interior Live Oak) tree which is located on public or private property within the limits of the City, and which has a trunk diameter of 16 inches or more, measured at 24 inches above actual grade. For Oak trees of the species mentioned above, with multiple trunks, the combined total trunk diameter shall be used for all trunks measuring six inches or greater measured at 24 inches above actual grade.

Home Occupation. The conduct of a business within a dwelling unit or residential site, employing only occupants of the dwelling, with the business activity being clearly subordinate to the residential use of the property, in compliance with Section 16.80.160 (Home occupations).

Homeless Shelters. See "Social services facilities." Hospital. See "Medical services—Hospitals." Hotel or Motel. See "Lodging facilities."
Household. One or more persons occupying a dwelling.

Household Income. The income of a family household with adjustments for usually high or low are income or housing costs and household size.

1. Very Low-Income. Household income within 50 percent of the area median family income.

2. Low or Lower-Income. Household income between the very low-income limit and 80 percent of the area median-family income.

3. Moderate Income. Household income between the lower-income limit and 120 percent of the area median-family income.

4. Above Moderate Income. Household income exceeding the moderate-income limit.

Household Pets. Small animals that are customarily kept for company or enjoyment within the home. Household pets include dogs, cats, tropical birds, fish, rabbits, lizards, and various rodents.

Does not include wild animals (as defined in Section 6.08.150 of the Municipal Code), pigs and pot-bellied pigs, and roosters and cockerels.

Housing Development. For purposes of density bonus (Chapter 16.40), residential projects consisting of five or more residential units, including single- familyunit, multi familyunit, and mobilehomes for sale or rent.

Housing Unit. See "Dwelling."
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Hydroponics. A method of growing plants in a soil-less medium or an aquatic-based environment in which plant nutrients are distributed via water.
—I—
Ice Cream Commissary. An establishment that services only ice cream motorized food wagons or other vendors that sell ice cream.

Identification Card. As defined in California Health and Safety Code Section 11362.5 et seq., and as may be amended.

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

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

Improvements, Public. Public improvements mean and include the following items constructed within public streets, highways and easements:
bridges and major thoroughfares
curb, gutter and sidewalk
fences
fire hydrants
public utilities
railroad crossings
sanitary sewer facilities
storm drainage facilities
storm drain and sanitary sewer pump stations
street signs
street structural section
street lighting
traffic signals
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tree wells and sprinkler system
water facilities
† Indoor Recreation Facilities (Land Use). Facilities for various indoor participation or spectator sports and types of recreation where a fee is charged for use, including:
arenas/stadiums
basketball courts
batting cages
bowling alleys
gymnasiums
handball courts
ice rinks
racquetball courts
shooting ranges
soccer facilities
swimming pools
tennis courts
Infill Development. Construction on a vacant parcel that is within an otherwise substantially developed area.

Infill Site. Vacant or developed property consisting of one legal lot, or a site with two or more contiguous, commonly-owned legal lots, which is a total of not more than five acres in size, is bounded on at least three sides by urban uses or development, and for which has existing water, sewer, drainage, streets, and schools. For Chapter 16.60 (Noise Standards), an infill site shall be defined as a site which, in addition to the above, is located (at the time of the adoption of the ordinance codified in this Development Code) on a site that is within the City, and either:

Within an "existing" or "projected" 60 dB Ldn transportation noise contour, as identified in the 1990 General Plan, as amended; or
Adjacent to a land use-related noise source exceeding the noise standards in Table 3-7, Part II.

Inoperable Vehicle Storage. See "Auto and vehicle services." Institutional Use. A nonprofit, educational, hospital, museum, public, or religious use (for example, church, public or private library, or school) or a government-owned or operated land use or structure used for a public purpose.
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Integrated Center. A shopping center, office complex, automobile center, industrial park, institutional campus, or other group of commercial, industrial, or institutional uses and/or buildings that includes the following:

Two or more businesses or uses in one or more buildings located on one or more parcels; A site of at least two acres; and
A site that is developed as follows:

So that it has shared, common access, and may have shared parking facilities and/ or utilities;
So that it is not necessary to return to a public street to move from one area of the center to another; and
As a single project on parcels which may be separated by public rights-of-way or private streets or easements.

Integrated centers do not include parcels that have been developed as single entities before a discretionary application(s) that would create an integrated center was deemed complete.

Intensification of Use. A change in the use of a structure or site, where the new use is required by Chapter 16.64 (Off-Street Parking and Loading Standards) to have more off-street parking spaces than the former use; or a change in the operating characteristics of a use (for example, hours of operation), which generate more activity on the site.

Interim Terminal Drainage Facility. A temporary facility approved by the City Engineer designed to handle the runoff from a 10-year storm as generated by one or more internal collection systems on an interim basis until an outfall work is constructed at an approved point of terminal drainage.

Typical examples would be holding ponds, open ditches and temporary outfall works designed to handle less than the total discharge expected to be developed within a delineated drainage area.

Internal Collection System. A system of branches, laterals, catch basins and trunk lines within the boundaries of a subdivision or development designed to collect storm and surface runoff within the area and deliver it to a point on the perimeter of the subdivision or development. Internal collection systems shall be designed to accommodate drainage to the center line of all perimeter streets abutting the subdivision or development.
—J—
Junior Accessory Dwelling Unit (JADU). See Section 16.80.310 Accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs).

Junk. Discarded material or objects.

Junk Yard. See "Recycling and waste facilities."
—K—
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Kennels and Boarding Facilities. See "Animal services." Kiosk. A small, freestanding open structure used as a newsstand; retail sales, refreshment, and/or information/service booth; and/or upon which temporary information and/or posters, notices, and announcements are posted.

Kitchen or Kitchenette. An area designed and/or used for the preparation of food, which includes any three of the following features:

Cooking or food heating equipment, including a hot plate, microwave, oven, or range; A refrigerator or other device for cold storage;
Cabinets, shelves, or other facilities for storage of food and/or utensils; or A sink and water supply.
—L—
Labor or Union Halls. See "Clubs, lodges, and private meeting halls." Land Use Permit. Authority granted by the City to use a specified site for a particular purpose, including Commission use permits and administrative use permits (Chapter 16.168), planned development permits (Chapter 16.144), temporary activity permits (Chapter 16.164), variances (Chapter 16.172), home occupation permits (Chapter 16.132), site plan review (Chapter 16.152), and land development permits (Chapter 16.136), as established by Division 5 (Land Use and Development Permit Procedures) of this Development Code.

Landscaped Freeway. Any freeway or section thereof which is now, or hereafter may be, improved on at least one side of the freeway right-of-way by the planting of lawns, trees, shrubs, flowers or other ornamental vegetation requiring reasonable and continuing care, upkeep, and maintenance. Planting for the purposes of soil erosion control, traffic safety requirements, reduction of fire hazards, or traffic noise abatement, shall not change the character of a freeway to a landscaped freeway.

Large Family Child Care Home. See "Child care facilities." † Laundries and Dry Cleaning Plants (Land Use). Industrial service establishments engaged primarily in high volume laundry and garment services, including: power laundries (family and commercial); garment pressing and dry cleaning; linen supply; diaper service; industrial laundries; carpet and upholstery cleaners. Does not include coin-operated laundries, dry cleaning pick-up stores, or dry cleaners without dry cleaning equipment ("Personal Services, Unrestricted").

Legal Structure. A structure that was constructed in compliance with all City ordinances and regulations that were applicable at the time of construction. † Libraries and Museums (Land Use). Facilities for the preservation and exhibition of objects of permanent interest in the arts, nature, and science, and library collections of books, manuscripts, 1338
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and similar materials for study and reading. Includes aquariums, arboretums, art exhibitions, botanical gardens, historic sites and exhibits, libraries, museums, and planetariums. Does not include facilities primarily devoted to meetings and/or public assembly ("Clubs, lodges, and private meeting halls"), ("Activity centers"), ("Religious places of worship") or ("Auditoriums, meeting halls, and theaters").
† Live Entertainment (Land Use). Any type of music, dancing or show involving one or more persons playing musical instruments or recorded music, acting, singing, reading, speaking, dancing, modeling, wrestling, or performing in any way to entertain the customers of an establishment. Includes:
auctions, raffles, or contests
music played by a disc jockey
modeling of clothes, lingerie and swimsuits
music performed by bands or soloists
dancing (by employees or customers)
karaoke singing
dinner theater
oil and mud wrestling
poetry reading
stand-up comedy
Adult related establishments shall comply with the standards in Section 16.80.030 (Adult-related establishments). Does not include background music which is considered to be background to the primary use of the site.
† Live-Work Space (Land Use). A dual-purpose residential/work building where artists or other professionals both live and work. Living and working spaces may be for individuals or be shared, accommodating self-employed individuals or those living and working together as a group. Those sharing live-work spaces, individuals or groups, can choose to share work space and/or equipment related to their activities or choose to have individually owned equipment inside private living quarters. Live-work sharing can be for renters and/or owners. Includes living and working facilities for artists, crafts-persons, self-employed consultants, or those engaged in small cottage industries. Does not include home occupations (Section 16.80.160).

Livestock. Domesticated animals raised in an agricultural setting to produce commodities such as food, fiber, and labor. "Livestock" are defined as being useful animals; which implies a commercial purpose or being reared for financial gain. However, in recent years, livestock are 1339
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also raised to promote the survival of rare breeds, leading to many charities being formed around this issue.

Living Unit. A group of individuals living together in a dwelling unit as a single housekeeping unit, not including a fraternity, sorority, club, rooming and/or boarding house, or institution of any kind. † Lodging Facilities (Land Use). Facilities that provide temporary shelter. Includes:

1. Bed and Breakfast Inns (Land Use). Residential structures with one family in permanent residence with up to 10 bedrooms rented for overnight lodging for 30 days or less, where meals may be provided subject to Section 16.80.090 (Bed and breakfast inns) and applicable Health Department regulations. A bed and breakfast inn with more than 10 guest rooms is considered a hotel or motel ("Hotels and motels").

2. Extended-Stay Facilities (Land Use). Facilities with guest rooms or suites, provided with or without meals or kitchen facilities, rented to the general public for long periods of time (more than 30 days). Includes apartment-hotels, residential hotels.

3. Co-Living (Lodging Facility). See Section 16.80.225 Co-living facilities.

4. Hotel or Motel (Land Use). Facilities with guest rooms or suites, provided with or without meals or kitchen facilities, rented to the general public for overnight or other temporary lodging (less than 30 days). These facilities may typically include a variety of services in addition to lodging, including restaurants, meeting facilities, personal services, and other accessory guest facilities including swimming pools, tennis courts, indoor athletic facilities, accessory retail uses, etc. Includes adult hotels/motels which shall comply with the standards in Section 16.80.030 (Adult-related establishments).

Lot or Parcel. A recorded lot or parcel of real property under single ownership, lawfully created as required by the Subdivision Map Act and City ordinances, including this Development Code.

Types of lots include the following. See Figure 8-1 (Lot Types).

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

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

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

4. Key Lot. An interior lot, the front of which adjoins the side property line of a corner lot. 5T.hrough Lot. A lot with frontage on two generally parallel streets. 1340
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FIGURE 8-1 LOT TYPES
Lot Area. See "Site/lot characteristics."
Lot Coverage. See "Site/lot characteristics."
Lot Depth. The average linear distance between the front and the rear lot lines or the intersection of the two side lot lines if there is no rear line. See Figure 8-2 (Lot Features). The Director shall determine lot depth for parcels of irregular configuration.

Lot Frontage. The boundary of a lot adjacent to a public street right-of-way.

Lot Line Adjustment. As provided by Map Act Section 66412(d), a lot line adjustment relocates one or more lot lines between two or more existing adjacent parcels, where land taken from one parcel is added to an adjacent parcel and where no more parcels are created than originally existed.
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FIGURE 8-2 LOT FEATURES
Lot Line or Property Line. Any recorded boundary of a lot. Types of lot lines are as follows (see Figure 8-2 (Lot Features)):

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

The front lot line on a corner lot is the line adjoining the street to which the property is addressed. If a corner lot has an address on more than one street, then the front line shall be the line with the shortest frontage. (If the lot lines of a corner lot are equal in length, the front lot line shall be determined by the Director.) On a through lot, both lot lines are front lot lines and the lot is considered to have no rear lot line.

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

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

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

Lot of Record. See "Lot or parcel."
Lot Width. The horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. See Figure 8-2 (Lot Features). The Director shall determine lot width for parcels of irregular shape.

Low Barrier Navigation Center. A housing first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. A low barrier navigation center development is a use by right in 1342
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special purpose or commercial zoning districts permitting multifamily dwellings, upon compliance with the provisions of Government Code Section 65660 et seq.

Lumber and Wood Product Manufacturing. See "Manufacturing, heavy manufacturing." —M—
Machinery Manufacturing (Light Manufacturing). See "Manufacturing, light manufacturing." Magnolia Historic Overlay District. The area that is coterminus with the City Magnolia historic preservation district.

Maintenance/Minor Repair. See "Auto and vehicle services." † Major Impact Facilities (Land Use). Facilities for land intensive activities that need to be located away from residences or concentrations of people due to the magnitude or nature of the operation's impacts on the surrounding environment. Includes airports, heliports, sanitary landfills including composting facilities, hazardous waste disposal sites, junk yards, nuclear power generating plants/facilities, and correctional institutions.

Major Repair/Body Work. See "Auto and vehicle services." Manufactured Home. See "Mobile/manufactured home."
† Manufacturing (Land Use). Establishments engaged in the mechanical, physical, or chemical conversion of substances, components, or raw materials to a product. Does not include industrial facilities that are separately defined.

1. Light Manufacturing (Land Use). Manufacturing establishments engaged in the assembly, fabrication, and conversion of already processed raw materials into products and whose operation may create limited impacts on surrounding land uses. Includes:
a. Glass Product Fabrication. Manufacturing establishments making glass products from purchased glass. Does not include the conversion of raw materials to glass ("Manufacturing, heavy manufacturing—Glass product manufacturing"); artisan and craftsman type operations of a larger scale than home occupations ("Handcraft industries and small scale manufacturing"). b. Machinery Manufacturing. Facilities to make or process raw materials into finished machines or parts for machines. Does not include the manufacture of electronics, equipment, or appliances ("Electronics, equipment, and appliance manufacturing") or the assembly of machine parts alone ("Product assembly and distribution").
c. Paper Product Manufacturing. Establishments primarily engaged in converting paper or paperboard without manufacturing the paper, pulp, or paperboard.

Includes: envelope manufacturing, converted paper products, paper coating and glazing, paper bags, assembly of paperboard boxes, wallpaper, etc. Does not 1343
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include the manufacturing of pulp, paper, or paperboard ("Manufacturing, heavy manufacturing—Pulp and pulp product industries").
d. Product Assembly and Distribution. A facility for the assembly of small products and electronic equipment from parts manufactured elsewhere. Includes computers, telephones, and automobiles; office and store machines and devices; service industry and household machines. Does not include the manufacturing and assembly of products ("Electronics, equipment and appliance manufacturing") or ("Machinery manufacturing").
e. Tobacco Manufacturing. Establishments engaged in manufacturing cigarettes, cigars, smoking and chewing tobacco, snuff, and reconstituted tobacco and in steaming and redrying tobacco. Does not include the manufacture of insecticides form tobacco byproducts ("Heavy manufacturing—Chemical product manufacturing").
f. Transportation Product Assembly. Establishments primarily engaged in manufacturing or assembling complete equipment for transporting people and goods. Includes: passenger automobiles, trucks, commercial cars and buses, and special- purpose motor vehicles; chassis or passenger car bodies; boat building and repairing; aircraft manufacturing; motorcycles, bicycles, and parts. g. Other. Miscellaneous manufacturing establishments engaged in the manufacture of products for final use or consumption that are not otherwise listed.

2. Heavy Manufacturing (Land Use). Manufacturing establishments converting raw materials into a product whose intensive nature and scale of operation would have an impact on surrounding land uses. Includes:
a. Canning and Kindred Food Products Manufacturing. Facilities engaged in the canning, curing, and processing of raw agricultural and seafood products, and the conversion of raw agricultural and seafood products to finished food products whose production cause adverse impact to the surrounding environment. Includes:
meat, poultry, and seafood canning, curing, byproduct processing; fish canning and curing, meat products, sauerkraut, vinegar, yeast, rendering or refining of fats and oils, and sugar processing; and miscellaneous food items prepared from raw products.
b. Chemical Product Manufacturing. Manufacturing facilities that produce or use basic chemicals, and other establishments creating products predominantly by chemical processes. Includes: basic chemicals, including acids, alkalis, salts, and organic chemicals; chemical products to be used in further manufacture, including synthetic fibers, plastic materials, dry colors, and pigments; and finished chemical products to be used for ultimate consumption, including drugs, cosmetics, and 1344
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soaps; or to be used as materials or supplies in other industries including paints, fertilizers, and explosives. May also include sales and transportation establishments handling the chemicals described above, except as part of retail trade.
c. Concrete, Gypsum, and Plaster Product Manufacturing. Manufacturing establishments producing bulk concrete, concrete building block, brick, and all types of precast and prefab concrete products. Also includes ready-mix concrete batch plants, lime manufacturing, and the manufacture of gypsum products, including plasterboard. A retail ready-mix concrete operation as an incidental use in conjunction with a building materials outlet is defined under "Building material stores."
d. Explosives, Fireworks, and Ordnance Manufacturing. The commercial manufacturing and storage of all types of explosives, including blasting powder and blasting caps, dynamite, fireworks, gunpowder, high explosives, and the manufacture of conventional explosives for weapons use (including ammunition, bombs, missile warheads, etc.). Does not include sighting and fire control equipment ("Handcraft industries, small-scale manufacturing"). e. Glass Product Manufacturing. Manufacturing establishments primarily engaged in manufacturing glass and/or glass products which may be manufactured by melting silica sand or cullet, including the production of flat glass and other glass products which are pressed, blown, or shaped from glass produced in the same establishment. Does not include the manufacture of glass products from purchased glass ("Manufacturing, light manufacturing—Glass product fabrication"), artisan and craftsman type operations of a larger scale than home occupations ("Handcraft industries and small-scale manufacturing"). f. Lumber and Wood Product Manufacturing. Manufacturing, processing, and sales involving the milling of forest products to produce rough and finished lumber and other wood materials for use in other manufacturing, craft, or construction processes. Includes the following processes and products:
containers, pallets and skids
matches (wood)
milling operations
trusses and structural beams
turning and shaping of wood products
wholesaling of basic wood products
wood product assembly
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Does not include craft-type shops ("Handcraft industries and small-scale manufacturing"); other wood and cabinet shops ("Furniture and fixture manufacturing"); indoor retail sale of building materials, construction tools and equipment ("Building material stores"); lumber yards and outdoor retail sales ("Outdoor retail sales and activities").
g. Paving and Roofing Materials Manufacturing. The manufacture of various common paving and petroleum-based roofing materials, including bulk asphalt, paving blocks made of asphalt, creosote wood, and various compositions of asphalt and tar. Does not include the manufacture of wood roofing materials (shingles, shakes, etc.) ("Lumber and wood product manufacturing"). h. Petroleum Refining and Related Industries. Industrial plants for purifying petroleum, and the compounding of lubricating oils and greases from purchased materials. Also includes oil or gas processing facilities, liquefied natural gas (LNG) facilities, the manufacture of petroleum coke and fuel briquettes, tank farms, and terminal facilities for pipelines. Does not include petroleum pipeline surge tanks and pump stations ("Public and semi-public utility facilities"), or petroleum product distributors ("Petroleum storage and distribution").
i. Plastics, Other Synthetics, and Rubber Product Manufacturing. The manufacture of rubber products including: tires, rubber footwear, mechanical rubber goods, heels and soles, flooring, and other rubber products from natural, synthetic, or reclaimed rubber. Also includes establishments engaged primarily in manufacturing tires; products from recycled or reclaimed plastics or styrofoam; molding primary plastics for other manufacturers, manufacturing miscellaneous finished plastics products, fiberglass manufacturing, and fiberglass application services. Does not include establishments engaged primarily in recapping and retreading automobile tires ("Auto and vehicle services—Major repair/body work"). j. Primary Metal Industries. Manufacturing establishments engaged in: the smelting and refining of ferrous and nonferrous metals from ore, pig, or scrap; the rolling, drawing, and alloying of metals; the manufacture of castings, forgings, stampings, extrusions, and other basic metal products; and the manufacturing of nails, spikes, and insulated wire and cable. Also includes merchant blast furnaces and byproduct or beehive coke ovens. k. Pulp and Pulp Product Industries. Establishments primarily engaged in manufacturing pulp, paper, or paperboard. Includes pulp, paper, and paperboard mills. Does not include establishments primarily engaged in converting paper or paperboard without manufacturing the paper or paperboard, including envelope manufacturing, converted paper products, paper coating and glazing, paper bags, 1346
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assembly of paperboard boxes, wallpaper ("Manufacturing, light manufacturing— Paper product manufacturing").
l. Stone and Cut Stone Product Manufacturing. Manufacturing establishments engaged primarily in cutting, shaping, and finishing marble, granite, slate, and other stone for construction and miscellaneous uses. Does not include establishments engaged primarily in buying or selling partly finished monuments and tombstones ("Handcraft industries, small-scale manufacturing"). m. Structural Clay and Pottery Product Manufacturing. Manufacturing establishments engaged primarily in producing brick and structural clay products, including pipe, china plumbing fixtures, and vitreous china articles, fine earthenware and porcelain products. Does not include artist/craftsman uses ("Artisan shops," "Handcraft industries and small scale manufacturing," or "Home occupations").
n. Textile and Leather Product Manufacturing. Industries engaged in the transformation of basic fibers (natural or synthetic) into a product, including yarn or fabric, that can be further manufactured into usable items ("Fabric product manufacturing"), and industries that transform hides into leather by tanning or curing. Includes:
coating, waterproofing, or otherwise treating fabric
dressed and dyed furs
dying and finishing fiber, yarn, fabric, and knit apparel leather-tanned, curried, and finished
manufacture of knit apparel and other finished products from yarn manufacture of felt goods, lace goods, non-woven fabrics, and miscellaneous textiles
manufacturing of woven fabric, carpets, and rugs from yarn preparation of fiber and subsequent manufacturing of yarn, threads, braids, twine cordage
scouring and combing plants
upholstery manufacturing
yarn and thread mills
o. Other. Miscellaneous manufacturing establishments engaged in the initial processing or treatment of raw materials that are not otherwise listed.

Map Act. See "Subdivision Map Act."
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Marinas (Land Use). A commercial recreational use consisting of a harbor or boat basin providing a combination of dockage, supplies, services, including office space for management; sale of boats, marina supplies and incidental refreshments; marine insurance for a small pleasure craft; and dry land storage of small crafts, boats, trailers, or appurtenances required for the operation of such craft. Does not include the major repair and overhaul of such crafts ("Auto and vehicle services—Major repair/body work").

Market Garden/Urban Farm. The primary use of a site for larger-scale urban agriculture uses including production (beyond that which is strictly for home consumption), distribution and marketing of food within the cores of urban areas and at their edges. Market gardens/urban farms' purpose extends beyond home consumption and includes community supported agriculture (CSA), pick-your-own operations, family farms located in metropolitan greenbelts and related efforts such as activities offered to the public for the purpose of recreation, education or active involvement in urban agricultural operations. All activities must be related to agriculture or natural resources. Market gardens/urban farms cultivate fruits, vegetables, flowers, fiber, nuts, seeds, culinary herbs, honey, and/or eggs for sale or donation to the public. † Massage. Therapeutic (nonsexual) rubbing or kneading of parts of nonspecified anatomical areas of the body to aid circulation or to relax muscles, provided by a licensed professional. A stand-alone massage establishment is defined as a business that provides massage, but not three or more of any of the other services that are typically provided at beauty and/or nail salons, including, but not limited to, manicures, pedicures, hair cutting/styling, facials and skin care. † Massage Establishment (Land Use). Facilities providing massage therapy. Does not include "specified sexual activities" ("Adult-related establishments").

1. State Certified (Land Use). Facilities that employ only certified massage practitioners or certified massage therapists (as defined by State law) who are duly certified in compliance with applicable qualifications of the California Business and Professions Code.

2. Noncertified (Land Use). Facilities where one or more employee is not a certified massage practitioner or certified massage therapist (as defined by State law) certified in compliance with applicable qualifications of the California Business and Professions Code.

Massage Therapy. The manipulation of body muscles or tissues, except "specified anatomical areas," by hand or mechanical device for therapeutic purposes, including prevention, rehabilitation, and healing, by a skilled professional who is certified as a massage therapist from a recognized school of massage in compliance with Chapter 5.48 of the Municipal Code and is an accredited program approved by the Council for private/post secondary and vocational education from the State of California ("Medical services—Medical-related facilities"). Does not include "specified sexual activities" ("Adult-related establishments").

Master Development Plan. A comprehensive plan which identifies the distribution, location, and extent (e.g., density, intensity, etc) of land uses within a development site identified as Mixed Use 1348
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or University designation on the General Plan, or within a specified geographical area, and identifies regulations and criteria for the development of the site.

Medical Cannabis, Medical Cannabis Product, or Cannabis Product. Shall have the same meanings as set forth in Business and Professions Code Section 26001(aj) as the same may be amended from time to time.

Medical and Adult-Use Cannabis Regulation and Safety Act or "MAUCRSA." Shall mean Senate Bill 94, which passed June 2017, which integrated Medical Cannabis Regulation and Safety Act (MCRSA) and Adult Use of Marijuana Act (AUMA) to create a single regulatory system governing the medical and adult-use cannabis industry in California. † Medical Services (Land Use). Facilities that provide personal health services, ranging from prevention to diagnosis, treatment and rehabilitation, by physicians, dentists, nurses, and other health and professional personnel, as well as medical testing and analysis services and care facilities (does not include Medical Cannabis Dispensaries).

1. Ambulance Service (Land Use). Facilities providing emergency medical care or transportation, including incidental storage and maintenance of vehicles.

2. Clinics and Laboratories (Land Use). Facilities primarily engaged in furnishing outpatient medical, mental health, surgical, and other personal health services, but which are separate from hospitals, including:
health management organizations (HMOs)
medical and dental laboratories
out-patient care facilities
other allied health services
Does not include counseling services by other than medical doctors or psychiatrists ("Offices").

3. Extended Care (Land Use). Residential facilities providing nursing and health-related care as a primary use with in-patient beds. Includes board and care homes; convalescent and rest homes; extended care facilities; skilled nursing facilities; hospices. Does not include long-term personal care facilities that do not emphasize medical treatment ("Residential care homes/assisted living").

4. Health-Related Facilities (Land Use). Facilities for treatment, therapy, or process to aid in the improvement of the health and/or pain management of individuals. Includes acupressure; bodywork, Rolfing, osteopathic manipulation. Does not include acupuncture, narcotics treatment facilities; offices of dentists, doctors, psychiatrists/psychologists, and other medical professionals; or physical therapy; or the above under the direct supervision 1349
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of a doctor, chiropractor, or physical therapist ("Medical services—Medical-related facilities"). Does not include massage establishments ("Massage establishment").

5. Hospitals (Land Use). Hospitals and similar facilities engaged primarily in providing diagnostic services, and extensive medical treatment, including surgical and other hospital services. These establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care. May include on-site accessory clinics and laboratories, accessory retail uses (for standards see Section 16.80.020) and emergency heliports ("Major impact facilities").

6. Medical-Related Facilities (Land Use). Facilities for activities associated with medical treatment. Includes acupuncture; offices of dentists, doctors, psychiatrists/psychologists, and other medical professionals; medical-related counseling services; pharmacies; and physical therapy. Also includes massage therapists under the direct supervision of a doctor, chiropractor, or physical therapist. Does not include drug abuse or alcohol recovery/ treatment facilities ("Social services facilities—Drug abuse, alcohol recovery/treatment facility").

Medicinal and Adult-Use Cannabis Regulation and Safety Act or "MAUCRSA". Senate Bill 94, which passed June 2017, or Business and Professions Code, Division 10, which integrated Medical Cannabis Regulation and Safety Act (MCRSA) and Adult Use of Marijuana Act (AUMA) to create a single regulatory system governing the medical and adult-use cannabis industry in California.

Merger. The process authorized by the Map Act for the combining of two or more adjacent parcels into a single parcel of record, whereby the intervening lot lines are eliminated. † Metal Products Fabrication, Machine, and Welding Shops (Land Use). Establishments engaged primarily in the assembly of metal parts, including the following uses that produce metal duct work, tanks, towers, cabinets and enclosures, metal doors and gates, and similar products. blacksmith and welding shops
ironworks
machine shops and boiler shops
sheet metal shops
Microbusiness. A person holding a State license issued under paragraph (3) of subdivision (a) of California Business and Professions Code Section 26070. A microbusiness may act (in part or whole) as a retailer, distributor, manufacturer (Level 1), and cultivator (on an area less than 10,000 sq. ft.). A microbusiness must engage in at least three of the following commercial cannabis business activities:

Retailer or Retailer – Non-Storefront
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Distributor or Distributor – Transport Only
Cultivation (less than 10,000 sq. ft.)
Manufacturer (Level 1, Type 6)
"Microbusiness, Subtypes" means the four different types of microbusiness combinations as permitted by State law, see "Microbusiness" above. The four subtypes are:

RDC RDM RCM DCM
Retailer or Retailer or Retailer or Distributor or
Retailer – Non-Storefront Retailer – Non-Storefront Retailer – Non-Storefront Distributor – Transport Only Distributor or Distributor or Cultivation Cultivation
Distributor – Transport Only Distributor – Transport Only (less than 10,000 sq. ft.) (less than 10,000 sq. ft.) Cultivation Manufacturer Manufacturer Manufacturer
(less than 10,000 sq. ft.) (Level 1 Type 6) (Level 1 Type 6) (Level 1 Type 6) Midtown District. The area that is bounded by Harding Way, El Dorado Street, Miner Avenue, and the Union Pacific Railroad track in the City of Stockton. † Mining (Land Use). The extraction of minerals from the earth, including solids, such as coal, ores, and aggregates; liquids, such as crude petroleum; and gases, such as natural gases and geothermal gases.

Miracle Mile. The Miracle Mile District generally includes all the businesses fronting on Pacific Avenue from Alpine Avenue to Harding Way, and those businesses on Harding Way from El Dorado Street to Lincoln Street as illustrated by the Stockton Citywide Design Guidelines.

Mixed Residential. A project with no more than three adjacent compact lots and with the average size of all lots being 5,000 square feet.

Mobile Commissary. Any vehicle used in conjunction with the commissary, as defined per Stockton Municipal Code Section 16.80.385, that travels to, and services, motorized food wagons as needed to replenish supplies, including food and potable water, clean the interior of the unit, or dispose of liquid or solid wastes.

Mobile/Manufactured Home. A trailer, transportable in one or more sections, that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, which is over eight feet in width and 40 feet in length, with or without a permanent foundation and not including a recreational vehicle, commercial coach, or factory-built (modular) housing ("Singlefamilyunit dwelling"). A mobilehome on a permanent foundation is included under the definition of "Single- familyunit dwellings."
Mobilehome Driveway. A private thoroughfare that affords internal circulation through a mobilehome park.
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Mobilehome Lot. A portion of a mobilehome park designated or used for the occupancy of one mobilehome.
† Mobilehome Park (Land Use). Any site that is planned and improved to accommodate mobilehomes used for residential purposes, or on which mobilehome lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobilehomes used for residential purposes. Includes mobilehome parks, motor home parks, and trailer parks. Mobilehome parks shall comply with the standards for mobilehome parks and subdivisions (Section 16.80.210).

Does not include facilities for campgrounds or recreational vehicles for short-term use ("Recreational vehicle park").
† Mobilehome Sales (Land Use). Retail establishments selling and/or renting new or used mobilehomes/manufactured homes, modular/factory-built homes, and accessories.

Mobile Vendor. Any person who offers for sale and immediate delivery any food, goods, or merchandise from a moveable, non-motorized cart, push cart, or wagon which is not attached to another structure, does not have a fixed place of business, and is accessory to a primary use on the same private or public property. Includes street vendors and sidewalk vendors.

Mortuaries. See "Funeral facilities and services."
Motel. See "Lodging facilities."
† Motion Picture Production (Land Use). Permanent indoor or outdoor establishments primarily engaged in the production of theatrical and nontheatrical motion pictures and video tapes for exhibition or sale, including educational, industrial, and religious films. Does not include small indoor facilities ("Broadcasting studios").

Motorized Food Wagon. Any vehicle as defined in Section 670 of the California Vehicle Code, which is equipped and used for retail sales of prepared; prepackaged; or unprepared, unpackaged food or foodstuffs of any kind on any public street, alley, highway, or private street, alley, or property within the City. For the purposes of this chapter, a motorized food wagon shall also include any trailer or wagon pulled by a vehicle.

Motorized Mobile Sales and Services. A motorized vehicle used for the purposes of selling nonedible goods or merchandise or offering "Personal Services, Unrestricted" or "Animal Services, Pet Grooming," which does not have a fixed place of business and is accessory to a primary use on the same private or public property.
† Multifamily Dwellings (Land Use). A building or a portion of a building used and/or designed as residences for five or more living units that are independent of each other. Includes: apartments (five or more units under one ownership in a single building or complex); and common ownership, 1352
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attached unit projects including condominiums. Also includes multifamily manufactured homes.

Does not include duplexes, triplexes, fourplexes, and townhouses, which are separately defined. † Multi-Use Facility (Land Use). A structure or parcel of land with a variety of complementary and integrated uses, including residential, office, light manufacturing, retail, public, or entertainment, in compliance with the standards for multi-use facilities (Section 16.80.230).

Municipal Code. The City of Stockton Municipal Code, as it may be amended from time to time by the Council.
—N—
Negative Declaration (Neg Dec). A written statement describing the reasons that a proposed project will not have a significant adverse effect on the environment and therefore does not require the preparation of an EIR, in compliance with the California Environmental Quality Act (CEQA).

Neighborhood Shopping Centers. See "Shopping center."
Net Acreage. The total area within the lot lines of a lot or parcel of land after public streets, easements, or other areas to be dedicated or reserved for public use are deducted from the lot or parcel. See Figure 8-3.

FIGURE 8-3 NET ACREAGE
Nightclub. See "Alcoholic beverage sales—Bars and nightclubs (on-sale)." Noise. Any undesired audible sound. For standards, see Chapter 16.60 (Noise Standards). The following definitions apply to noise.
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1. A-Weighted Sound Level. The sound level in decibels as measured on a sound level meter using the A-weighting network. The level is designated dB(A) or dBA.

2. Acoustical Report or Study. A report that analyzes proposed noise-sensitive and noise- generating projects to determine the potential exposure of existing or proposed noise- sensitive land uses to noise levels exceeding the City's adopted noise standards and to provide recommended measures to avoid/mitigate/attenuate such exterior and/or interior noise levels.

3. Ambient Noise. The composite of all noise from sources near and far, excluding the alleged intrusive noise source. In this context, ambient noise shall constitute the normal or existing level of environmental noise at a given location.

4. Day-Night Average Sound Level (Ldn). The equivalent energy, or energy average, sound level during a 24-hour day, obtained after the addition of 10 decibels to sound levels in the night after 10:00 p.m. and before 7:00 a.m., generally computed for annual average conditions.

5. Decibel (dB). A unit for measuring the amplitude of a sound, equal to 20 times the logarithm to the base of 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals.

6. dBA. The A-weighted scale for measuring sound in decibels; weighs or reduces the effects of low and high frequencies in order to simulate human hearing. Every increase of 10 dBA doubles the perceived loudness though the noise is actually 10 times more intense.

7. Equivalent Sound Level (Leq). The sound level containing the same total energy as a time- varying sound level over a given sample period, typically computed for a one hour sample period.

8. Impulsive Noise. A sound of short duration, usually less than one second and of high intensity, with an abrupt onset and rapid decay.

9. Infill Lots. For purposes of noise regulations, infill lots are vacant or developed lots of five or less acres that are substantially surrounded by development.

10. Intrusive Noise. The alleged offensive noise that intrudes over and above the existing ambient noise at the receptor property.

11. Land Use-Related Noise Sources. Any fixed or mobile noise source not preempted from local control by existing Federal or State regulations, including industrial and commercial facilities and vehicle movements on private property.

12. Ln. See "Day-night average sound level."

13. Leq. See "Equivalent sound level."
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14. Maximum Sound Level. The highest level of sound that can be recorded during a noise event.

15. Noise Disturbance. An alleged intrusive sound that violates an applicable noise standard of Chapter 16.60.

16. Noise-Impacted Infill Lots. Lots which are currently, or will in the future be, impacted by transportation noise or by land use-related noise sources.

17. Noise Level (Ln). The level of noise expressed in decibels that exceeds the identified (Lx) value a percentage of total time measured. For example, an L25 noise level means that noise level is exceeded 25 percent of the time measured.

18. Noise-Sensitive Land Uses. Land which is occupied by, is zoned for, and/or has a General Plan designation that allows a use(s) for which serenity and quiet are of extraordinary significance, serving an important public need, and where the preservation of those qualities is essential if the area is to continue to serve its intended purpose.

Includes land uses for residential uses, live-work space, offices, child care, religious facilities, academic schools and colleges and universities, libraries and museums, social services facilities, parks and playgrounds, conservation areas, funeral facilities, lodging facilities, and medical services.

19. Transportation-Related Noise Source. Traffic on public roadways, railroad line operations, and aircraft in flight or in the process of landing or taking-off.

Nonconforming Parcel. A parcel that was legally created prior to the adoption of the ordinance codified in this Development Code or which legally existed at the time of annexation, and which does not conform to current Code provisions/standards (e.g., access, area or width requirements, etc.) prescribed for the zoning district in which the parcel is located.

Nonconforming Structure. A structure that was legally constructed prior to the adoption of the ordinance codified in this Development Code and which does not conform to current Code provisions/standards (e.g., height, setbacks, open space, distance between structures, etc.) prescribed for the zoning district in which the structure is located.

Nonconforming Use. A use of a structure (either conforming or nonconforming) or land that was legally established and maintained prior to the adoption of the ordinance codified in this Development Code and which does not conform to current Code provisions governing allowable land uses for the zoning district in which the use is located.

Non-Motorized Mobile Sales. Any person who offers for sale and immediate delivery, any food, goods, or merchandise, from a moveable, non-motorized cart, push cart, or wagon, which is not attached to another structure, does not have a fixed place of business, and is accessory to a primary use on the same private or public property.
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Nontaxable Merchandise. Products, commodities, or items the sale of which is not subject to California State sales tax.
† Nurseries and Garden Supply Stores (Land Use). Commercial establishments engaged in the production and/or sale of ornamental plants and other nursery products, grown under cover or outdoors. Includes stores selling these products and commercial scale greenhouses; the sale of house plants or other nursery products entirely within a building (also included under "Retail stores (General)"). Does not include home greenhouses which are accessory residential structures.

Nursery School/Pre-School. See "Child care facilities." —O—
Occupancy. The residing of an individual or individuals overnight in a dwelling unit; or the storage or use of equipment, merchandise, or machinery in any public, commercial, or industrial building. † Offices (Land Use). A structure, room, or group of rooms used for conducting the affairs of a business, profession, service, industry, or government and generally furnished with desks, tables, files, and communication equipment. An office building may include ancillary services for office workers, such as a restaurant, coffee shop, health/fitness facilities, newspaper or candy stand which comply with Section 16.80.020 (Accessory uses and structures), and child care which complies with Section 16.80.100 (Child care facilities). Does not include medical services such as the offices of doctors, dentists, chiropractors, physical therapists, etc. ("Medical services").

Off-Premises Sign. See "Signs, off-premises."
Open Land Development. An area which is proposed for development into industrial, commercial, or residential densities. Typically, these areas are presently being farmed or utilized as open space and lack drainage systems and most other public improvements.

Open Space, Common. Outdoor areas within a development project that are commonly owned and maintained and designated for the common use or enjoyment of all residents/tenants of the development project. Includes common landscaped areas, private parks, natural areas, waterways, etc. Does not include public parks.

Open Space, Private. An outdoor area within a development project that is reserved for use by the residents/tenants of a specific unit or portion of the site. † Organizational Houses (Land Use). Residential lodging houses operated by educational and religious institutions and/or membership organizations for their members and not open to the general public. Includes convents, dormitories, fraternity and sorority houses, monasteries, and religious residential retreats. Does not include living quarters for ministers and staff serving a religious facility ("Religious facilities").
† Outdoor Assembly Facilities (Land Use). Commercial outdoor facilities for the public and groups to gather for an event. Includes outdoor wedding facilities, outdoor theaters, outdoor 1356
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concert facilities. Does not include commercial recreation facilities ("Outdoor commercial recreation facilities") or parks or playgrounds ("Parks and playgrounds," "Private residential recreation facilities").

Outdoor Activity Area. The outdoor recreation areas for noise-sensitive land uses. For singlefamilyunit dwellings, it includes the lot's rear yard and/or side yard when the side yard is of a sufficient size to provide outdoor recreational opportunities. For multi familyunit dwellings, it includes patios, balconies, common outdoor recreation areas, and swimming pool areas of the project. For other uses, it includes areas of sufficient size to provide outdoor recreational opportunities and/or areas for rest and relaxation.
† Outdoor Commercial Recreation Facilities (Land Use). Facilities for various outdoor spectator or participant sports and types of recreation where a fee is charged for use, including:
amphitheaters
baseball
basketball
batting cages
bocce ball
go-cart and miniature auto race tracks
golf driving ranges separate from golf courses
handball courts
health and athletic club outdoor facilities
ice rinks
miniature golf courses
motorcycle racing and drag strips
race tracks
shooting ranges
skateboard parks
soccer
softball
stadiums and coliseums
swim and tennis clubs
swimming pools
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tennis courts
volleyball
water slides
zoos
May also include commercial facilities customarily associated with the above outdoor commercial recreational uses, including bars and restaurants, video game arcades, etc. Does not include Recreational Vehicle Parks ("Recreational Vehicle Parks"). † Outdoor Retail Sales and Activities (Land Use). Permanent outdoor sales and rental establishments including auction yards, flea markets, lumber and other material sales yards, outdoor facilities for the sale or rental of vehicles/equipments, and other uses where the business is not conducted entirely within a structure. Does not include the sale of automobiles and recreational vehicles ("Auto and vehicle sales, leasing, and rental") or mobilehomes ("Mobilehome sales"). Outdoor retail sales and activities shall comply with the standards for outdoor display and sales (Section 16.80.260).

Outdoor Retail Sales, Temporary. Temporary outdoor retail operations including:

Christmas trees, pumpkins or the sale of other seasonal items in compliance with Section

16.80.110 (Christmas tree/holiday/sales facilities)
farmers' markets
produce stands in compliance with Section 16.80.280 (Produce stands, commercial) community gardens in compliance with Section 16.80.130
urban agriculture produce stands in compliance with Section 16.80.285 semi-annual sales of art/handcrafted items in conjunction with community festivals or art shows
sidewalk or parking lot sales longer than one weekend
retail sales from individual vehicles in temporary locations outside the public right-of-way Temporary outdoor retail sales are subject to a temporary activity permit in compliance with Chapter 16.164 (Temporary Activity Permits), unless otherwise identified or exempt. Does not include motorized food wagons (Section 16.80.020(B)(4)) or mobile vendors (Section

16.80.020(B)(3)).

Outfall Works. A system of pumps, retention basins and/or sumps designed as a permanent drainage discharge system approved by the City Engineer and located at an approved point of terminal drainage.
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Overlay Zoning District, or Overlay Zone. A supplementary zoning designation that is applied to property in addition to a primary zoning district to highlight special regulations that apply to properties within the overlay district. The overlay zoning districts established by Section 16.16.020 (Zoning districts established), include the aircraft operations (-AIR), channel area (- CHA), design review (-DES), and Magnolia historic district (-MHD).
—P—
Paper Product Manufacturing. See "Manufacturing, light manufacturing." Parcel. See "Lot or parcel."
Parcel Map. The subdivision map described by the Subdivision Map Act, Article 3, Chapter 2, which is required to complete a subdivision of four or fewer lots.

Parking Assessment District. An area within which property owners are taxed for the cost of the City providing parking facilities.

Parking Facilities. See "Auto and vehicle services."
† Parks and Playgrounds (Land Use). Public parks, play lots, playgrounds, and athletic fields for non-commercial neighborhood or community use, including tennis courts. May include passive outdoor recreation areas which also may be located in conservation areas ("Conservation areas").

Does not include the same facilities that are privately-owned ("Private residential recreation facilities"); commercial facilities ("Outdoor commercial recreation," "Indoor recreation facilities"); or recreational vehicle parks and campgrounds ("Recreational vehicle parks").

Patio. A typically paved outdoor area on the site of a dwelling that is used for lounging, dining, etc.

Paving and Roofing Materials Manufacturing. See "Manufacturing, heavy manufacturing." Peripheral Street. A street with its right-of-way contiguous to the exterior boundary of the subdivision or development, or whose right-of-way is adjacent to the exterior boundary of the subdivision or development separated only by an easement or right-of-way under the control of a public utility.

Permitted Use. A use of land identified by Division 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) as being allowed in a particular zoning district.

Person. Any individual, firm, co-partnership, corporation, company, association, joint stock association; City, County, State, or district; and includes any trustee, receiver, assignee, or other similar representative thereof.

Person With an Identification Card. As defined in California Health and Safety Code Section 11362.5 et seq., and as may be amended.
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† Personal Services (Land Use). Establishments providing nonmedical services of a personal nature to individuals as a primary use. Includes:

1. Restricted (Land Use).
acupressure
body piercing
fortunetellers
psychic readers/palm reading

2. Unrestricted (Land Use). Services for individuals that do not normally have a detrimental impact on surrounding areas.
beauty parlors
clothing rental
dry cleaning pick-up stores
electrolysis
hair cutting/styling
home electronics repair
laundromats (self-service laundries)
laundromats
nail salons
newsstands
shoe repair shops
tailors
tanning salons
tattoo parlors
travel agents
These uses may also include accessory retail sales of products related to the services provided.

Does not include real estate agents and travel agents ("Offices"); acupressure, bodywork, and massage therapists ("Medical services—Health-related facilities"); and physical therapists ("Medical services—Medical-related facilities").
† Personal Storage Facility (Mini-Storage) (Land Use). A structure or group of structures containing generally small, individual, compartmentalized stalls or lockers rented as individual storage spaces and characterized by low parking demand. 1360
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Pet Grooming. See "Animal services."
† Pet Shops (Land Use). Retail stores selling birds, cats, dogs, fish, and other common household pets, including supplies for their care and feeding. Includes incidental pet grooming.

Does not include the boarding of animals other than those for sale ("Animal services—Kennels and boarding facilities") and separate pet grooming facilities ("Animal services—Pet grooming").

Petroleum Refining and Related Industries. See "Manufacturing, heavy manufacturing." † Petroleum Storage and Distribution (Land Use). Wholesale and retail establishments engaged in the storage, and sale of gasoline, oil, butane, propane, and liquefied petroleum gas (LPG) and similar products to retailers and consumers. Does not include the sale of gasoline at a service station ("Auto and vehicle services—Service stations").

Planned Development. As defined by Civil Code Section 1351(k), means a development (other than a community apartment project, condominium, or stock cooperative) having either or both of the following features:

The common area is owned either by an association or in common by the owners of the separate interests who possess appurtenant rights to the beneficial use and enjoyment of the common area; and/or
A power exists in the association to enforce an obligation of an owner of a separate interest with respect to the beneficial use and enjoyment of the common area by means of an assessment which may become a lien upon the separately owned parcel, or area in compliance with Civil Code Section 1367.

Planning Commission. The Stockton Planning Commission, appointed by the Stockton City Council in compliance with Government Code Section 65101, referred to throughout this Development Code as the "Commission."
Plastics, Other Synthetics, and Rubber Product Manufacturing. See "Manufacturing, heavy manufacturing."
Playground. An active recreational area with a variety of facilities, including equipment for younger children, as well as court and field games. Does not include play areas in conjunction with child care facilities (i.e., small family child care, large family child care, child care centers) or play areas located on the site of residential homes or facilities. † Pool Halls/Billiard Parlors (Land Use). Business, activity, or enterprise providing a place where pool or billiards is played. Does not apply to any bona fide nonprofit society club, fraternal, labor, or other organizations having adopted bylaws and duly elected directors and members having exclusive use of these facilities at no charge, and whose operation is incidental to the main purpose of the organization. Pool halls and billiard parlors shall comply with the standards for problem uses (Section 16.80.270).
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Premises. Contiguous land in the same ownership and which is not divided by a public highway, street, or alley.

Primary Caregiver. As defined in California Health and Safety Code Section 11362.5 et seq., and as may be amended.

Primary Metal Industries. See "Manufacturing, heavy manufacturing." Primary Structure. See "Structure."
Primary Use. See "Use, primary."
Primary Zoning District. See "Zoning district, primary." † Printing and Publishing (Land Use). Establishments engaged in printing by letterpress, lithography, gravure, screen, offset, or electrostatic (xerographic) copying; and other establishments serving the printing trade including bookbinding, typesetting, engraving, photoengraving, and electrotyping. This use also includes establishments that publish newspapers, books and periodicals; establishments manufacturing business forms and binding devices. Does not include "quick printing" services ("Business support services") or desktop publishing ("Offices").

Private Clubs. See "Clubs, lodges, and private meeting halls." † Private Entertainment Facilities (Land Use). Business with one or more separate, individual facilities for viewing or participating in games or videos. Includes individual viewing booths for movies and/or individual arcade games. Facilities for adult-related entertainment shall comply with the standards in Section 16.80.030 (Adult-related establishments).

Private Garden. A private food-producing garden that is accessory to the primary use of the site, and which is located in the front yard, side yard, rear yard, rooftop, courtyard, balcony, fence, wall, windowsill or basement.
† Private Residential Recreation Facilities (Land Use). Privately-owned, non-commercial outdoor recreation facilities provided for members or project/neighborhood residents, including swim and tennis clubs, park and sport court facilities, boat docks. Does not include golf courses/ country clubs ("Golf courses/country clubs").

Problem Uses. Uses that have a blighting and/or deteriorating effect upon their surroundings, and which may be dispersed to minimize their adverse impacts. These uses include billiard parlors and pool halls, card rooms, convenience stores, off-sales of alcoholic beverages, on-sale of alcoholic beverages that are not in conjunction with a restaurant, and parole offices. Problem uses are subject to the requirements of Section 16.80.270 (Problem uses).

Produce. Any food in its raw or natural state which is in such form as to indicate that is intended for consumer use with or without any or further processing. 1362
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Produce Stands, Commercial. A temporary business activity that is used by commercial growers of produce that is grown on-site to market their goods directly to consumers via retail sale of raw, unprocessed fruits, vegetables, nuts, flowers, fiber, seeds, culinary herbs, and other produce in its raw or natural state, and that is accessory to an on-site or adjacent agricultural operation. Produce stands, commercial are subject to the requirements of Section 16.80.280 (Produce stands, commercial). This use is not considered an urban agricultural activity.

Produce Stands, Urban Agriculture. A temporary produce stand that is accessory to an urban agriculture use.

Product Assembly and Distribution. See "Manufacturing, light manufacturing." Project Plan. A plan for the physical development of an entire site, particularly for the development of shopping centers.

Project Site. For purposes of the landscaping requirements, Chapter 16.56 (Landscaping Standards), a project site is any site for which a final map has been approved by the Council or parcel map has been approved by the City Engineer or for which a building permit has been issued.
† Public and Semi-Public Utility Facilities (Land Use). Fixed-base structures and facilities serving as junction points for transferring utility services from one transmission voltage to another or to local distribution and service voltages, and other utility services and facilities (e.g., water, sewer, storm drainage, etc.). These uses include any of the following facilities that are not exempted from land use permit requirements by Government Code Section 53091:
community wastewater treatment plants, settling ponds, and disposal fields electrical substations and switching stations
natural gas regulating and distribution facilities
petroleum pipeline surge tanks and pump stations
public water system wells, treatment plants, and storage telephone and fiber optic switching center buildings
water storage
These uses do not include office or customer service centers ("Offices"); equipment and material storage yards ("Storage facilities—Storage yards"); corporation and maintenance yards, public water system and treatment plants, wastewater treatment plants ("Major impact facilities"); unstaffed electric and telephone equipment appurtenant to utility facilities (e.g., surface mounted transformers, remote terminal and service cabinets, pedestals and pedestal-mounted terminal boxes and meter cabinets, and concealed ducts); or pipelines or utility lines that are not regulated by the City.
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Public Improvements. See "Improvements, public."
† Public Institutions (Land Use). Facilities operated by public agencies or private entities on behalf of public agencies, including City administration buildings; fire stations and other fire prevention and fire fighting facilities; police and sheriff substations and headquarters, including interim incarceration facilities; post office; customs facilities; grain inspection stations; parole offices. Does not include facilities specifically identified under another land use category, including libraries and museums ("Libraries and museums") and schools ("Educational facilities"). Parole offices shall comply with the requirements for problem uses (Section 16.80.270).

Public Nuisance. Any condition that is caused, maintained, or permitted to exist in such a way as to:

Constitute a threat to the public's health, safety, or welfare; Unreasonably offend or injure the senses;
Be annoying, unpleasant, or obnoxious; or
Significantly obstruct, injure, or interfere with the reasonable or free use of property.

Public Place. Any property that is owned, leased, or controlled by the City of Stockton, except rights-of-way and parks.

Pulp and Pulp Product Industries. See "Manufacturing, heavy manufacturing." —Q—
Qualifying Resident. Senior citizens or other persons eligible to reside in senior citizen housing.

Quiet Zone. An area/zone along a designated railroad in which the sounding of locomotive horns is not required for grade-crossings that have conventional flashing lights and gates and are equipped with supplementary safety measures (SSMs) which comply with one of the following criteria:

The average risk at the crossing is less than the national average for gated crossings where the train horn sounds (National Risk Threshold or NSRT); or Safety improvements are made that reduce the risk to a level either less than the NSRT or a level that compensates for loss of the train horn as a warning device. —R—
Recreational Vehicle (RV). A motorhome, travel trailer, truck camper, or camping trailer, with or without motive power, originally designed for human habitation for recreational, emergency, or other occupancy, which meets all of the following criteria:

It contains less than 320 square feet of internal living room area, excluding built-in equipment, including wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms;
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It contains 400 square feet or less of gross area measured at maximum horizontal projections;
It is built on a single chassis; and
It is either self-propelled, truck-mounted, or permanently towable on the highways without a towing permit.
† Recreational Vehicle and Boat Sales, Leasing, and Rental—New and Used (Land Use).

Retail establishments selling, leasing, and/or renting the following new or used vehicles and products:
boats
campers/camper shells
golf carts
jet skis
motorhomes
motorcycles
recreational vehicles
snowmobiles
travel/recreational trailers
other recreational vehicles
May also include repair shops and the sales of parts and accessories incidental to vehicle dealerships. Does not include: parts/accessory sales separate from a vehicle dealership (see "Auto parts sales"); or bicycle and moped sales (see "Retail stores (general)"). † Recreational Vehicle Park (Land Use). A site where one or more lots are used, or are intended to be used, by campers with recreational vehicles or tents. Recreational vehicle parks may include public restrooms, and water, sewer, and electric hookups to each lot. Includes campgrounds. May include accessory retail uses which are clearly incidental and intended to serve RV park or campground patrons only.
† Recycling and Waste Facilities (Land Use). This land use type includes a variety of facilities involved with the collection, sorting, and processing of recyclable materials.

1. Collection Facilities (Land Use). A center where the public may donate, redeem, or sell nonhazardous recyclable materials; may include permanent structures. Includes Salvation Army and Goodwill type drop-offs. Does not include the sale of materials to the public (secondhand stores/pawnshops) or state-certified redemption centers (redemption centers, below).
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2. Redemption Centers (Land Use). A facility certified by the California Department of Resources Recycling and Recovery (CalRecycle) as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986 for the collection of materials including California Redemption Value (CRV) glass, aluminum, paper and plastic containers. May include permanent kiosk-type units.

3. Recycling Facility (Land Use). A structure or enclosed space used for the collection and/ or processing of recyclable materials, including scrap aluminum, paper, pulp, and nonferrous materials, for shipment, or to an end-user's specifications, by such means as baling, briquetting, cleaning, compacting, crushing, flattening, grinding, mechanical sorting, remanufacturing, and shredding. Can be the sole business on the site. Does not include hazardous or contaminated waste ("Major impact facilities").

4. Scrap and Dismantling Yards (Land Use). Outdoor establishments primarily engaged in assembling, breaking up, sorting, and the temporary storage and distribution of recyclable or reusable scrap and waste materials, including auto wreckers engaged in dismantling automobiles for scrap, and the incidental wholesale or retail sales of parts from those vehicles. Includes light and heavy processing facilities for recycling and recycling of ferrous materials. Does not include: pawnshops, and other secondhand stores ("Secondhand stores/ pawnshops"); the sale of operative used cars ("Auto and vehicle sales/leasing/ rental—Used"); or landfills or other waste disposal sites ("Major impact facilities").

5. Transfer Stations (Land Use). Facility for the separation of recyclable items from solid waste, with the remaining solid waste taken to the landfill. May include recycling facilities, above.

Redemption Centers. See "Recycling and waste facilities." Regional Shopping Center. See "Shopping center."
† Religious Facilities (Land Use). Facilities operated by religious organizations for worship, or the promotion of religious activities and instructions; and accessory uses on the same site, including living quarters for ministers and staff, child care facilities, and temporarily up to six homeless individuals or family members. Includes churches, synagogues, mosques, temples, etc.

Does not include other establishments maintained by religious organizations, including full-time educational institutions, hospitals and other potentially related operations (including a recreational camp) which are classified according to their respective activities.

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

Rendering Plants. Facilities engaged in the rendering of inedible stearin, grease, and tallow from animal fat, bones, and meat scraps ("Major impact facilities"). † Repair Services (Land Use). Service for the repair and/or maintenance of business equipment and consumer products including computers and other electronic equipment; television, radio, and other appliance repair; watch, clock, and jewelry repair; re-upholstery and furniture repair; and shoe repair. Does not include auto and mechanical repair services ("Auto/vehicle services, maintenance/minor repair"; "Auto/vehicle services, major repair/body work"). † Research and Development (R&D) (Land Use). Indoor facilities for scientific research, and the design, development, and testing of electrical, electronic, magnetic, optical, and mechanical components in advance of product manufacturing, that are not associated with a manufacturing facility on the same site. Includes chemical and biotechnology research and development. Does not include computer software companies ("Offices"); soils and other materials testing laboratories ("Business support services"); or medical laboratories ("Medical services—Clinics and labs").
† Residential Care Facilities (Land Use). State-licensed facilities providing residential, social, and personal care for children, the elderly, or people with some limits on their ability for self-care, but where medical care is not a major element.

1. Assisted Living (Land Use). A facility that provides a combination of housing, meals, supportive services, personalized assistance, and health care that responds to the individual requirements of those who need assistance with the activities of daily living but do not need 24-hour skilled medical care. They may provide other services, including recreational activities, financial services, and transportation. Does not include child care facilities ("Child Care Facilities").

2. Care Homes, Six or Fewer Clients (Land Use). Any facility, place, or building which is maintained and operated to provide nonmedical residential care, day treatment, or adult day care for six or fewer children, adults, children and adults, or seniors, including the physically handicapped, mentally impaired, incompetent persons, abused or neglected children. These facilities are licensed by the State of California and only subject to State regulations. Includes adult residential facilities, adult day care facilities, day treatment facilities, foster family homes, group homes, residential care facilities for the chronically ill, residential care facilities, small family homes, social care facilities, social rehabilitation facilities, community treatment facilities, wards of the Court, and residential care facilities for AIDS patients (Department of Social Services); intermediate care facilities (Department of Health Services); alcoholism or drug abuse recovery or treatment facilities (Department of Drug and Alcohol); and convalescent homes and nursing homes (Department of Public 1367
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Health); pediatric day health and respite care facilities; intermediate care facilities for the developmentally disabled and congregate living health facilities; guest homes and rest homes. Does not include child care facilities ("Child care facilities").

3. Family Care Homes, Seven or More Clients (Land Use). Any facility, place, or building which is maintained and operated to provide nonmedical residential care for seven or more children, adults, or children and adults, including the physically handicapped, mentally impaired, incompetent persons, or abused or neglected children.

Includes adult residential facilities, adult day care facilities, day treatment facilities, group homes, residential care facilities for the chronically ill, facilities for wards of the court, and residential care facilities for AIDS patients (Department of Social Services); intermediate care facilities (Department of Health Services); convalescent homes and nursing homes (Department of Public Health); intermediate care facilities for the developmentally disabled and congregate living health facilities. Does not include "Child care facilities," "Adult day care facilities," and "Social services facilities—Drug abuse, alcohol recovery/treatment facility."

4. Senior Care Facilities, Seven or More (Land Use). Residential facilities that provide social and personal care with little or no medical care for seven or more persons who are at least 62 years of age, or are at least 55 years of age who meets the qualifications found in Section 51.3 of the California Civil Code. Includes residential care facilities for the elderly (Department of Social Services); guest homes and rest homes. † Restaurant (Land Use). A retail business selling food and beverages prepared on the site, including counter service establishments where customers are served prepared food from a walkup ordering counter or drive-up window for either on- or off-premises consumption; and table service establishments where most customers are served food at tables for on-premises consumption, but may also provide food on a take-out basis where take-out is clearly secondary to table service. Outdoor dining facilities shall meet the standards for outdoor dining and seating areas (Section 16.80.250). Does not include the restaurants selling alcoholic beverages ("Alcoholic beverage sales—With another use (on-sale)"). † Retail Stores (General) (Land Use). Stores and shops selling goods or merchandise, not specifically listed under another land use, to the general public for personal or household consumption and rendering services incidental to the sale of goods. These stores and lines of merchandise include:
antiques
art
artists' supplies
bakeries (retail only)
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bicycles
books, new and used
cameras and photographic supplies
clothing and accessories
collectibles
mini marts without gas or alcohol sales
department stores
drug and discount stores
dry goods
fabrics and sewing supplies
florists and houseplant stores (indoor sales only)
food stores
general stores
gift sales
grocery stores
hardware
hobby materials
jewelry
luggage and leather goods
mini-marts without gas and/or alcohol sales
musical instruments, parts, and accessories
newsstands, including outdoor sales
orthopedic supplies
religious goods
small wares
specialty shops
sporting goods and equipment
stationery
toys and games
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variety stores
video stores
Includes adult bookstores and sale of other materials that comply with the standards in Section

16.80.030 (Adult-related establishments). Does not include outdoor sale of plants ("Nurseries and garden supply stores"), mini marts selling gasoline and alcohol ("Convenience stores"). Retail stores are subject to the requirements for the sale of alcoholic beverages in compliance with Section 16.80.040 (Alcoholic beverage sales (off-sale)) and for problem uses in compliance with Section 16.80.270 (Problem uses).

Reverse Vending Machine Collection Facility. A center where the public may donate, redeem, or sell recyclable materials using an automated mechanical device which accepts at least one or more types of empty beverage containers and issues a cash refund or redeemable credit slip with a value, as determined by State law. These vending machines may accept aluminum cans, glass and plastic bottles, and other containers. See "Recycling and waste facilities." Review Authority. The individual or official City body (the Community Development Director, Planning Commission, or City Council) identified by this Development Code as having the responsibility and authority to review, and approve or disapprove the permit applications described in Division 5 (Land Use Development Standards).

Revocable Permit. A permit required to place a privately-owned improvement or object in the public right-of-way.
† Rooming and/or Boarding Houses (Land Use). A residence or dwelling structure, or part thereof wherein five or more rooms, with or without individual or group cooking/dining facilities, are rented to individuals under separate rental agreements or leases, either written or oral, whether or not an owner, agent, or rental manager is in residence. This definition also applies wherein there is only one rental agreement or lease and five or more individuals sign the same agreement or subleases and rent is paid separately by each of the individuals. Does not include alcohol recovery/ treatment facilities, health care facilities, or residential care facilities. —S—
Sales Floor Area. Interior building space devoted to the sale of merchandise; it does not include restrooms, office space, storage space, automobile service area, open-air garden sales space, or outdoor sales area.
† Sanitary Services (Land Use). Facilities for the cleaning of hazardous and biohazardous materials. Includes the cleaning of portable toilets, tankers, and containers.

Schools. See "Educational facilities."
Scrap and Dismantling Yards. See "Recycling and waste facilities." 1370
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† Second Hand Stores, Pawnshops (Land Use). Retail establishments that buy and sell used products, including clothing, furniture and household goods, jewelry, appliances, musical instruments, business machines and office equipment, tools, motors, machines, instruments, firearms, or any similar secondhand articles or objects; includes indoor flea markets. Does not include bookstores ("Retail stores"); secondhand farm and construction equipment ("Construction, farm, and heavy equipment sales"); junk dealers, or scrap/dismantling yards ("Recycling facilities—Scrap and dismantling yards"); the sale of antiques and collectibles ("Retail stores"); the sale of cars and other used vehicles ("Auto and vehicle sales, leasing, and rental, used"); outdoor flea market ("Outdoor retail sales and activities").

Security. Bonds, cash deposits, letters of credit, and/or other instruments acceptable to the City that are used to guarantee specific performance.

Self-Distribution. Distribution that is limited to cannabis products cultivated or manufactured onsite.

Semitruck. A heavy duty truck, usually with a large diesel engine and two or three axels, which is designed to haul long semitrailers for the transportation of freight.

Senior Care Facilities. See "Residential care homes."
Senior Citizen. In compliance with State and Federal law, means:

Persons at least 62 years of age; or
Persons at least 55 years of age in a senior citizen housing development.

Senior Citizen Housing. A housing development consistent with the California Fair Employment and Housing Act (Government Code Section 12900 et seq., including Section 12955.9 in particular), which has been "designed to meet the physical and social needs of senior citizens," and which otherwise qualifies as "housing for older persons" as that phrase is used in the Federal Fair Housing Amendments Act of 1988 (P.L. 100-430) and implementing regulations and as that phrase is used in California Civil Code Sections 51.2 and 51.3. † Senior Residential Projects (Land Use). Multifamily housing designed for persons at least 62 years of age, or a person at least 55 years of age who meets the qualifications found in Section

51.3 of the California Civil Code. Includes senior apartments, retirement communities, retirement homes, homes for the aged. Does not include single-family subdivision for seniors ("Single-family homes"); extended care facilities such as convalescent homes or skilled nursing facilities ("Medical services—Extended care"); assisted living facilities or senior care facilities ("Residential care facilities").

Serious Medical Condition. As defined in California Health and Safety Code Section 11362.7 et seq.

Service Station. See "Auto and vehicle services—Fueling stations." 1371
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Setback. The distance by which a structure, parking area or other development feature must be separated from a lot line. Setbacks from private streets are measured from the edge of the easement. See also "Yard." Figure 8-4 (Setbacks) shows the location of front, side, street side, rear, and interior setbacks.

FIGURE 8-4 SETBACKS
FIGURE 8-5 FLAG LOT SETBACKS
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† Shopping Center (Land Use). Commercial sites that are primarily retail with two or more separate businesses managed as a total entity and sharing common access, circulation, and pedestrian and parking areas so that a public right-of-way does not need to be used to get from one business to another.

1. Neighborhood (Land Use). A shopping center that provides a limited number of frequently or recurrently needed personal items or services for residents in an immediate neighborhood that generally occupies up to 10 acres, has up to 100,000 square feet of gross leasable area, and draws its clientele from a five minute driving radius from the center.

2. Community (Land Use). A shopping center that provides a variety of retail or personal service needs for residents in a particular area of the community that generally contains approximately 150,000 square feet of gross leasable area, has a site of 10 to 25 acres, and draws its clientele from about a 10-minute drive from the center.

3. Regional (Land Use). A shopping center that contains a wide range of retail and service establishments, including at least one or more anchor stores, for an entire community or larger area, and generally occupies more than 25 acres, often contains more than 400,000 square feet of gross leasable space, and draws its clientele from as much as a 45-minute drive from the center.

Side-Entry Garage. A garage with the front garage entry door perpendicular to the right-of-way.

Sign. Any structure, device, figure, painting, display, message placard, or other contrivance, or any part thereof, situated outdoors or indoors, which is designed, constructed, intended, or used to advertise, or to provide data or information in the nature of advertising, to direct or attract attention to an object, person, institution, business, service, event, or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images. The following terms related to signs are used in this Development Code. See Figure 8-6.

1. Abandoned Sign—Off-Premises. An off premises sign that has not been maintained in compliance with the provisions of this Development Code for a period in excess of 30 days following legal notice to the owner of the property and/or owner of the advertising display, or tenant on whose property the advertising display is located that the sign does not meet minimum maintenance standards as determined by the Director.

2. Abandoned Sign—On-Site. Any sign that is not maintained and advertises a business, lessor, owner, product, service, or activity that is no longer on the premises where the sign is displayed.

3. Advertising Sign. Any sign that provides copy intended to attract customers to purchase a product or service.
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4. Alteration. Any change of copy, sign face, color, size, shape, illumination, position, location, construction, or supporting structure of any sign.

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

6. Awning Sign. Any sign copy or logo attached to or painted on an awning.

FIGURE 8-6 EXAMPLES OF SIGN TYPES

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

8. Bench Sign. Copy painted on any portion of a bench.

9. Business Identification Sign. A sign which serves to identify only the name, address, and lawful use of the premises upon which it is located and provides no other advertisements or product identification.

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

11. City-Owned or Controlled Property. Real property that the City of Stockton either owns in fee title or has a sufficient legal interest in through an easement, lease, right-ofway, or some other instrument to be able to use the property for the purposes of this title. 1374
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12. Civic Event Sign. A temporary on-site sign, other than a commercial sign, posted to advertise a civic event sponsored by a public agency, private school, church, civicfraternal organization, or similar noncommercial organization. 13 Construction Sign. A sign that states the name of the developer and contractor(s) working on the site and any related engineering, architectural or financial firms involved with the project.

14. Directional Sign. An on-site sign which is designed and erected solely for the purposes of directing vehicular and/or pedestrian traffic within a project.

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

16. Digital and/or Electronic Signs or Message Display. A sign that is equipped to allow its information content, whether fixed or variable, to be changed or altered by electric, electromechanical, electronic or, digital display technology means.

17. Moving Display/Sign (Includes Flashing). A sign that uses blinking, flashing, or intermittent illumination that has at least one change in a 24-hour period; light reflectors; moving or reflective characters or materials.

18. Freestanding Sign. Any nonmoveable sign not affixed to a building.

19. Freeway-Oriented Sign. A freestanding, on-site sign that advertises businesses adjacent to a "freeway." On-site means on the same parcel or within the same integrated center.

20. Future Tenant Identification Sign. A temporary sign that identifies the names of future businesses that will occupy a site or structure.

21. Garage Sale Sign. A sign with a message advertising the resale of personal property that has been used by the resident.

22. Holiday Decoration Sign. Temporary signs, in the nature of decorations, clearly incidental to and customarily associated with nationally recognized holidays and which contain no advertising message.

23. Illegal Sign. A sign which includes any of the following:

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

24. Logo. A distinctive organization or company signature, trademark, or symbol.

25. Marquee (Canopy) Sign. A sign which is attached to or otherwise made a part of a permanent roof-like structure which projects beyond the building wall in the form of a large canopy to provide protection from the weather.

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

27. Nameplate. A small sign or plaque identifying the name and/or address of the occupant of a structure or business.

28. Off-Premises Sign. A sign that identifies, advertises, or directs attention to a business, activity, product, service, or other commercial or noncommercial interest of any person, firm, or business not located on the premises where the sign is located; or a freestanding structure on which a sign is located, where the sign structure is on a premises not owned by the owner of the sign structure and where the sign message is not sponsored by the owner of the premises.See "Signs, off-premises (Land Use)."

29. Permanent Sign. A sign constructed of durable materials and intended to exist for the duration of time that the use or occupant is located on the premises.

30. Pole Sign. A sign that is displayed on and completely supported by one or more support elements (pole(s)) that is ground-mounted, with no part of the sign attached to a building or similar structure.

31. Political Sign. A sign designed for the purpose of advertising support of or opposition to a candidate or proposition for a public election.

32. Portable Sign. A sign that is not permanently affixed to a structure or the ground. 1376
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33. Projecting Sign. A sign other than a wall sign suspending from, or supported by, a structure and projecting outward from, and perpendicular to, the structure.

34. Promotional Sign. A sign erected on a temporary basis to promote the sale of new products, new management, new hours of operation, a new service, or to promote a special sale.

35. Real Estate Sign. A sign indicating that a property or any portion thereof is available for inspection, sale, lease, rent, or directing people to a property, but not including temporary subdivision signs in compliance with California Civil Code Section 713.

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

37. Special Event Sign/Banner. A temporary sign, balloon, or banner that is intended to inform the public of a unique happening, action, purpose, or occasion (i.e., grand opening or community event).

38. Sign Amortization. The elimination of nonconforming signs over a period of time intended to allow the owner the opportunity to realize the value of his or her investment in the sign.

39. Temporary Sign. Any sign intended to be displayed for a limited period of time and capable of being viewed from any public right-of-way, parking area or neighboring property.

40. Vehicle Sign. A sign which is attached to or painted on a vehicle which is parked on or adjacent to any property, the principal purpose of which is to attract attention to a product sold or business located on the property.

41. Wall Sign. A sign which is attached to or painted on the exterior wall of a structure with the display surface of the sign approximately parallel to the building wall.

42. Window Sign. Any sign posted, painted, placed, or affixed in or on any window exposed to public view. Any interior sign which faces any window exposed to public view and is located within three feet of the window.
† Signs, Off-Premises (Land Use). A sign that identifies, advertises, or directs attention to a business, activity, product, service, or other commercial or noncommercial interest of any person, firm, or business not located on the premises where the sign is located; or a freestanding structure on which a sign is located, where the sign structure is on a premises not owned by the owner of the sign structure and where the sign message is not sponsored by the owner of the premises. † Single- familyUnit Dwellings (Land Use). A freestanding residential building designed for and/ or occupied exclusively by one living unit that includes one kitchen and permanent provisions for living, sleeping, eating, sanitation, and parking. Also includes factory-built, modular housing units constructed in compliance with the California Building Standards Code and mobilehomes/ manufactured housing on permanent foundations. May also include living quarters without kitchen 1377
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facilities for domestic employees (maid, etc.). Does not include "Rooming and/or boarding houses."
Single Lot Development. The construction of buildings, structures or other improvements on a single lot or parcel.

Site. A parcel or adjoining parcels under single ownership or single control, considered a unit for the purposes of development or other use.

Site/Lot Characteristics.

1. Grade. The ground surface immediately adjacent to the exterior base of a structure, typically used as the basis for measurement of the allowed height of a proposed structure. a. Average Grade. The elevation determined by computing the mathematical average of the elevations of the highest and lowest points on the boundaries of the area for which average grade is being determined.
b. Existing or Natural Grade. The contour of the ground surface before grading. c. Finish Grade. The final contour of the ground surface of a site that conforms to the approved grading plan.
d. Street Grade. The elevation of the centerline of the street adjacent to the site proposed for development.

2. Site/Lot Coverage. The percentage of total site area occupied by structures. Structure/ building coverage includes the primary structure, all accessory structures (e.g., carports, garages, patio covers, storage sheds, trash dumpster enclosures, etc.) and architectural features (e.g., chimneys, balconies, decks above the first floor, porches, stairs, etc.).

Structure/building coverage is measured from exterior wall to exterior wall. See Figure 8- 7 (Site Coverage).
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FIGURE 8-7 SITE COVERAGE

32. Site Area. Gross site area means the total area included within the lot lines of a site, exclusive of adjacent dedicated street rights-of-way. Net site area means exclusive of easements, including those for utilities or flood control channels, which limit the use of the site.

Site Plan. A plan for a project site that delineates the overall layout of a proposed facility, including structures, ingress/egress and circulation, and improvements.

Site Plan Review. Discretionary land use permit for which procedures are established by Chapter

16.152 (Site Plan Review).

Slaughterhouses. Establishments primarily engaged in slaughtering cattle, calves, hogs, sheep, lambs, and/or other animals for meat to be sold, or used on the same site in canning, curing, and freezing, and in the making of sausage, lard, and other products ("Major impact facilities").

Small Family Care Homes. See "Child care facilities."
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† Social Services Facilities (Land Use). Establishments providing assistance and aid to those persons requiring counseling and/or treatment for psychological problems, addictions, learning disabilities, and/or physical disabilities or to those persons in need of food and/or shelter.

1. Drug Abuse, Alcohol Recovery/Treatment Facilities (Land Use). Establishments that provide assistance, counseling, and/or medical treatment for those persons dependent upon alcohol or drugs. Does not include one-on-one counseling and weight loss and smoking clinics and facilities ("Offices"); drug treatment facilities ("Medical Services—Medical- Related Facilities").

2. Emergency Shelters (Land Use). Housing with minimal support services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.

3. Feeding Centers (Land Use). Any place where food is served or dispensed and the operation is conducted as a nonprofit, charitable operation, including mission feeding centers, soup kitchens, church organization food outlets, and charitable rehabilitation centers.

Software Development and Distribution. Business establishments engaged in the design, development, production, packaging, and distribution of computer software products.

Specialized Education and Training. See "Educational facilities." Standard Plans and Specifications. The most recent City of Stockton adopted version of the guide for the standardization of public works installations within the City.

Statutory Cooperatives. Must file articles of incorporation with the State and conduct its business for the mutual benefit of its members (Corporation Code, Sections 12201, 12300) and register as a corporation under the Corporations or Food and Agricultural Code (Id. at Section 12311(b)). The earnings and savings of the business must be used for the general welfare of its members or equitably distributed to members in the form of cash, property, credits, or services.

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

Stockton Channel Area. See "Channel area."
Stockyards. Sites where cattle or other animals are held or maintained for the purposes of feeding and/or marketing, including feed lots and sales yards ("Major impact facilities").

Stone and Cut Stone Product Manufacturing. See "Manufacturing, heavy manufacturing." 1380
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† Storage Yards (Land Use). The outdoor storage of various materials and/or equipment as the primary use of the site. Includes contractor's storage yards, equipment storage yards, etc. Does not include recycling facilities, auto wrecking, etc. ("Recycling and waste facilities).

Story. A horizontal section of a building, with a single continuous or primarily continuous floor, including all rooms on the same floor or level of the building.

Street. A public roadway (road, highway, drive, lane, avenue, place, boulevard, and any other thoroughfare) that affords the principal means of access to an abutting property. See City's standard specifications and plans, City of Stockton General Plan—Background Report, for specifics.

1. Local Street. Low speed/low volume roadways used primarily for direct access to residential, commercial, industrial, or other abutting property whose sole function is to provide access to the immediately adjacent land. Connects individual parcels, especially homes, to collectors. Includes low volume residential, medium volume residential, commercial, and industrial.

2. Collector. A medium speed/medium volume street which serves traffic movements within subdivisions and connects the local streets within this area to an arterial street or other collector street. Collectors include residential (back-up) and nonresidential streets. a. Urban Collector System Collector. Provides local service principally from residential neighborhoods to arterial highways.
b. Industrial Collector. Provides specific local truck access within industrial areas and linkage directly to arterials.

3. Arterial. Relatively high speed/high capacity street that serves as the principal network for through traffic flow by connecting areas of principal traffic generation to regional transportation facilities and intra-community travel, as well as important rural highways entering the city. Includes minor and major arterials.
a. Minor Arterial. Provides traffic service to and from community centers, major recreational areas, and major generators, and only secondarily provides direct access to abutting land. Connects local roads and streets to expressways, arterials, and other collectors.
b. Major Arterial. Provides for relatively large traffic movements between areas within urban areas and across portions of urban areas. Provides for movement of long trips between communities and subregions. Provides direct service to principal generators and secondarily for direct access to abutting land. Connects to freeways, expressways, and other arterials.

Street Line. The boundary between a street right-of-way and property. 1381
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Street, Public. A public thoroughfare accepted by the City, which affords principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare except an alley as defined in this section.

Street, Private. A privately-owned and maintained thoroughfare, which affords principal means of access to abutting property.

Street Tree. A tree planted by the City, or by another party that has been permitted by the Director to plant in lieu of the City, either in the public right-of-way or public utility easement.

Structural Clay and Pottery Product Manufacturing. See "Manufacturing, heavy manufacturing."
Structure. Anything constructed or erected, the use of which requires attachment to the ground or attachment to something located on the ground. Includes manufactured and modular buildings (residential, commercial, industrial). For the purposes of this Development Code, the term "structure" includes "buildings."

1. Primary Structure. A structure that accommodates the primary use of the site.

2. Accessory Structure. A structure that is physically detached from, secondary and incidental to, and commonly associated with the primary structure. For the purposes of this Development Code accessory structures and uses include: detached garages, greenhouses, tool sheds, artist's studios, and workshops; hot tubs, jacuzzis, spas, and swimming pools, together with any enclosures or associated buildings (e.g., pool houses that may include limited kitchen facilities); and any other open air enclosures, including gazebos and detached patio covers, portable covers, or shelters. See Section 16.80.020, Accessory uses and structures.

3. Temporary Structure. A structure without permanent foundation or footings and that is designed to be removed when the designated time period, activity, or use has ended. † Studios (Land Use). Facilities for individual instruction and training in the arts; creation of products/productions; production rehearsal; photography and the processing of photographs produced only by users of the studio facilities.

Subdivider. A person, firm, corporation, partnership or association who proposes to divide or causes to be divided real property into a subdivision for oneself or for others; except that employees and consultants of persons or entities, acting in such capacity, are not "subdividers." See "Developer."
Subdivision. The division, by any subdivider, of any unit or portion of land shown on the latest equalized San Joaquin County assessment roll as a unit or contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way.

Subdivision includes the following, as defined in Civil Code Section 1351: a condominium project; 1382
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a community apartment project; or the conversion of five or more existing dwelling units to a stock cooperative.

Subdivision Improvement Standards. The City of Stockton regulations for the design and construction of streets, water supply and sewage disposal systems, and other facilities that will serve the parcels in an approved subdivision.

Subdivision Map Act, or Map Act. Division 2, Title 7 of the California Government Code, commencing with Section 66410 as presently constituted, and any amendments to those provisions regarding the subdivision of real property.

Suburban Area. An area generally characterized by separate land uses and housing types with most uses oriented toward the automobile; single- familyunit homes are built at lower densities, usually less than five units per acre, and located on long streets or cul-de-sacs with a limited number of full intersections and backup walls along collector and arterial streets; commercial and office uses are usually located on arterials. Most development in suburban areas occurs on raw land. In Stockton, suburban areas are primarily located in one of three areas: 1. north of the Calaveras River; 2. west of I-5; or 3. south of Eleventh Street and east of Airport Way.

Supportive Housing. Housing with no limit on the length of stay, that is occupied by the target population and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive housing is a use by right in special purpose or commercial zoning districts permitting multifamily dwellings, upon compliance with the provisions of Government Code Section 65650 et seq. "Supportive services" shall have the same meaning as defined in Government Code Section 65582. "Target population" shall have the same meaning as defined in Section 50675.14 of the Health and Safety Code. "Use by right" shall have the same meaning as defined in subdivision (i) of Government Code Section65583.2. —T—
Target Population. Persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Development Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from the institutional settings, veterans, and homeless population.

Target Unit. A dwelling unit within a housing development which will be reserved for sale or rent to, and affordable to, very low or low-income households or qualifying residents.

Teen Nightclubs. Entertainment facilities that limit attendance to persons between the ages of 13 and 20 years.
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Temporary Non-Mobile Sales. Any person who sells any food, goods, or merchandise from a stationary table or stall, which is not attached to another structure, does not have a fixed place of business, and is accessory to a primary use on the same private property.

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

Testing Laboratory Permit. A permit issued to a laboratory, facility, or entity in the State that offers or performs tests of cannabis or cannabis products for medical and/or adult use that hold a valid Annual State License.

Textile and Leather Product Manufacturing. See "Manufacturing, heavy manufacturing." Theater. A building or part of a building devoted to showing motion pictures or dramatic dance, musical, or other live performances. See "Auditoriums, meeting halls, and theaters (land use)" and zoning district development standards (Chapter 16.24) for CN, CG, CL, and MX zoning districts.

Tiny Homes (Permanent). Detached dwelling units typically sized under 400 square feet or smaller placed on permanent foundations.

Tiny Homes (Temporary). Detached residential units typically sized under 400 square feet or smaller not placed on permanent foundations.
† Townhouses (Land Use). A group of attached one-family dwelling units in a row of at least four units, in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls.

Tractor-Trailer. A heavy duty truck, usually with a large diesel engine and two or three axels, which is designed to haul long semi-trailers for the transportation of freight. Includes truck and trailer, transfer truck, 18-wheeler, semi, diesel, and big rig.

Traffic Sight Area. A triangular area formed by measuring a specified distance from the intersection of the front and street side property lines or, where applicable, from the intersection of a street property line and an on-site driveway, and connecting the lines across the property in compliance with Section 16.36.140 (Traffic sight area).

Training Facilities. See "Animal services."
Transfer Stations. See "Recycling and waste facilities." Transitional Housing. Buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance (Government Code Section 65582, subdivision (j)). Transitional housing programs provide extended shelter and supportive services 1384
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for homeless individuals and/or families with the goal of helping them live independently and transition into permanent housing. Transitional housing is considered to be a "dwelling" in the individual zone chapters.
† Transit Stations and Terminals (Land Use). Passenger stations for vehicular, ferry, and rail mass transit systems; also terminal facilities providing maintenance and service for the vehicles operated in the transit system. Includes buses, taxis, railway stations, and intermodal facilities.

Transportation Product Assembly. See "Manufacturing, light manufacturing." Tree House. A structure typically used by children for play, which is typically constructed of wood and/or discarded materials, which uses the branches and/or trunk of a tree as primary structural elements.
† Triplex (Land Use). A single building for three living units that are independent of each other with each one having a kitchen and direct access to the outside or to a common hall. Does not include rooming and/or boarding houses.

Truck Terminal. See "Vehicle and freight terminals."
—U—
Unit. See "Housing unit."
Urban Agriculture. The production of food in a form and scale that is appropriate for the urban context and includes market garden; community garden; private garden; hydroponics; and urban beekeeping.

Urban Agriculture Produce Stand. See "Produce stands, urban agriculture".

Urban Areas. An area generally characterized by a greater mixture of land uses and housing types that are more pedestrian-oriented with a greater variety of travel options; single- familyunit homes are built at a variety of densities, including higher densities over five units to the acre; streets are short (300 to 600 feet in length) in a predominately grid pattern. Most development occurs on previously developed properties. In Stockton, urban areas are primarily located in one of three areas: 1. the central portion of Stockton; 2. south of the Calaveras River and east of I-5; or 3. north and west of Eleventh Street and Airport Way.

Urban Beekeeping. The practice of keeping bee colonies in urban areas. Urban beekeeping is allowed in commercial, residential (hobby), and market garden/urban farm land uses.

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

1. Use, Primary. The main purpose for which a site is developed and/or used, including the activities that are conducted on the site a majority of the hours during which activities occur. A site may have more than one primary use.
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2. Use, Accessory. A land use that is in addition to, secondary and incidental to, and commonly associated with the primary use, including outdoor barbecue grilling, outdoor dining, mobile vendors, etc.

3. Use, Temporary. A use established for a limited time with the intent to discontinue the use upon expiration of the time period.

Use Permit. A permit issued by a review authority stating the conditions required for a specific use at a specified location to be allowed. Also referred to as a conditional use permit. See Chapter16.168 (Use Permits).

Utility Lines. See "Public and semi-public utility facilities." —V—
Vacant Lot. Any parcel of real property that is not improved with a community garden, or a completed permitted structure.

Variance. A discretionary entitlement that may waive or relax the development standards of this Development Code, in compliance with Chapter 16.172 (Variances). † Vehicle and Freight Terminals (Land Use). Transportation establishments furnishing services incidental to air, motor freight, and rail transportation including:
freight forwarding services
freight terminal facilities
joint terminal and service facilities
packing, crating, inspection, and weighing services
postal service bulk mailing distribution centers
transportation arrangement services
truck repair
truck terminals
trucking facilities, including transfer and storage
Does not include automobile parking ("Auto and vehicle services—Parking facilities" and "Auto and vehicle services—Vehicle storage"); repair shops that are part of a vehicle dealership on the same site ("Auto and vehicle sales"); automobile service stations ("Auto and vehicle services— Service stations"); automobile dismantling yards ("Recycling facilities—Scrap and dismantling yards"); corp yards ("Major impact facilities").

City Council and Concurrent AuthoritiesJune 3, 2025

City Council and Concurrent Authorities
June 3, 2025