ATTACHMENT B
Proposed Title 16 Amendments (Redline/Strikeout)
1 Title 16 – Development Code
Division 1. Purpose and Applicability of
Development Code
Chapter 16.04 PURPOSE AND EFFECT OF THE
DEVELOPMENT CODE
16.04.010 Title.
Title 16 of the Stockton Municipal Code is and may be cited as the Stockton Development Code, hereafter referred to as “this Development Code.”, “this Code”, or “this Title.”
16.04.020 Purpose and inte nt of Development Code.
The purpose of this Development Code is to implement the Stockton General Plan by classifying and regulating the uses of land and structures within the City of Stockton; by protecting and promoting the public health, safety, and general welfare; and by preserving and enhancing the aesthetic quality of the City. To fulfill these purposes, the intent of this Development Code is to:
A. Provide standards for the orderly growth and development of the City, and promote a
stable patter
n of land uses;
B.
Implement the uses of land designated by the Stockton General Plan and avoid conf licts between land uses;
C.
Maintain and protect the value of property;
D. Conserve and protect the natural resources of the City, including its surrounding agricultural lands;
E. Protect the character and social and economic stability of residential, commercial, and industrial areas;
F.
Assist in maintaining a high quality of life without causing unduly high public or private costs for de
velopment or unduly restricting private enterprise, initiative, or innovatio n in design; and
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout) 2 G. Provide regulations for the subdivision of land in compliance with the Subdivision Map Act (California
Government Code Sections 66410 et seq.).
16.04.030 Authority, relati onship to General Plan.
A. This Development Code is enacted based on the authority vested in the City of Stockton by the State of California, including but not limited to: the State Constitution; the Charte r of the City of Stockton; the Planning and Zoning Law (Government Code Sections 65000 et seq.); the
Subdivision Map Act (Government Code Sections 66410 et seq.); an d the California Environmental Quality Act
(Public Resources Code Sections 21000 et seq.).
B.
This Development Code implements the goals and policies of the General Plan by regulating the use of land and structures within the City. This Development Code and the General Plan shall be consistent with one another. Any permit, license, or approval issues pursuant to this Code must be consistent with the General Plan and all applicable specific plans. In any case where there is a conflict betw een this Code and the General Plan, the General Plan shall control.and the Zoning Map (Section 16.16.030) are the primary t ools used by the City to implement the goals, objectives, policies, and strategies established in the Stockton General Plan, which is the overall policy document of the City, her eafter referred to as the “General Plan.”
16.04.040 Responsibility for administration.
This Development Code shall be administered by the Stockton City Council; the Planning Commission; the Community Development Director; the Community Development Department; and such other departments, groups, or individuals identified in this Development Code in compliance with Title 2 , Administration and Personnel, of the Stockton Municipal Code (Administration and Personnel),and as established in this Development Code , particularly Chapter 16.212 (Administrative Responsibility) and Section 16.180.060 (Review authorities for subdivision decisions).
16.04.050 Applicability of Development Code.
This Development Code applies to all land, land uses, structures, subdivisions, and development within the City of Stockton, as provided by this section.
A. Applicability to Property. This Code shall app
ly, to the extent permitted by law, to all
property within the incorporated limits of the City of Stockton and to property for which applications for annexation and/or subdivisions have been submitted to the City of Stockton, including all uses, structures, and land owned by any private person, firm, corporation or organization, or the City of Stockton or other local, State or federal ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout) 3 agencies. Any governmental agency shall be exempt from the provisions of this Code only to the extent that such property may not be lawfully regulated by the City of Stockton.
B. Minimum Requirements. All provisions of this Development Code shall be considered minimum requirements, unless stated otherwise (for example, height limits and site coverage requirements for structures, and the numbers and size of signs allowed are maximums, not minimums). Where this Code pr ovides for more discretion on the part of a City official or body, that discretion may be exercised to impose more stringent requirements than set forth in this Code as may be necessary to promote orderly land use development and the purposes of this Code.
C. Other Requirements May Apply. Nothing in this Development Code eliminates the need for obtaining any permit, approval, or entitlement required by other provisions of the Stockton Municipal Code or complying with the regulations of any City department, or any County, regional, special districts, State, or Federal agency.
D. Conflicting Requirements. Any conflicts between different requirements of this Development Code, or between this Development Code and other regulations, shall be resolved in compliance with Section 16.08.020.D (Conflicting Requirements).
E. Prior Ordinance. The provisions of this Code supersede all prior ordinances codified in Title 16 of the Stockton Municipal Code and any amendments. No provisions of this Code shall validate any land use or structure established, constructed, or maintained in violation of the prior Development Code, unless such va lidation is specifically authorized by this Code and is in conformance with all other regulations.
A. New Land Uses or Structures, Changes to Land Uses or Structures. It is unlawful, and a violation of the Stockton Municipal Code, for any person to establish, occupy, maintain, construct, reconstruct, alter, or replace any use of land or structure, except in compliance with the requirements of this Development Code.
B.F. Issuance of Building or Grading Permits. The Building Official may only issue building, grading, or other construction permits after all applicable requirements of this Development Code, and all other applicable statutes, ordinances and regulations have been met.
C. Subdivision of Land. Any subdivision
of land proposed within the City shall be consistent
with:
1. The minimum lot size requirements of Table 2-3 (Zoning District Development Standards);
2. Division 6 (Subdivision Regulations); and
3. All other applicable requirements of this Development Code.
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout) 4 D. California Environmental Quality Act (CEQ A). All development projects subj ect to discretionary review shall also be subject to environmental review in compliance with the California Environmental Quality Act (CEQA).
E. Lawful Land Uses. An existing land use is lawful only when it was legally established in compliance with all regulations applicable at the time the use was established and when it is operated and maintained in compliance with all applicable provisions of this Development Code, including Chapter 16.228 (Nonconforming Uses, Structures and Parcels).
F.G. Effect of Development Code Changes on a Project in Progress. The enactment of this Development Code or any amendment to its requirements, may have the effect of imposing different standards on a new land use than those that applied to existing development. (For example, this Development Code or a future amendment could require more off-street parking spaces for a particular land use than former regulations.) The following provisions determine how the requirements of this Development Code apply to a development project that is in progress at the time requirements are changed, but is not in compliance with this Development Code. A development project that remains in compliance with all applicable provisions of this Development Code as amended, shall proceed in compliance with this Development Code.
1. Project With a Pending Application. A land use permit application that has been determined by the Community Development Department to be complete before the effective date of t
he ordinance codified in this Development Co de or any
amendment:
a.
May be processed according to the requirements in effect when the application was accepted as complete, unless the review authority (i.e ., Director, Planning Commission, or City Council) determines it is necessary to apply ne
w or amended development standards to the pr oject approval to ensure pu
blic health, safety, welfare, and orderly development; and b.
Provided that the application is acted upon within 90 days of the adoption of the ordinance codified in this Development Code. If an initial study/negative declaration is required, the application shall be acted upon within seven (7) months, and if an environmental impact report is required, within 13 months.
2. Approved Project Not Yet Under Construction. An approved development project for which construction has not commenced as of the effective date of the ordinance codified in this Development Code or any amendment, may still be constructed as approved, if:
a. A required building permit is obtainedissued for construction ; and
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
5 b. Construction is diligently pursued before the expiration of any applicable land use permit or, where applicable, before the expiration of any approved time extension granted in compliance with Chapter 16.96 (Expirations and Extensions).
3. Approved Project Not Requiring Construction. An approved land use not requiring construction, that has not been established as of the effective date of the ordinance codified in this Development Code or any amendment, may still be established in compliance with its permit/approval, if the land use is established/in operation before the expiration of any applicable land use permit. A time extension granted in compliance with Chapter 16.96 (Expirations and Extensions) may be granted before the expiration of any applicable land use permit.
4. Project Under Construction. A development project for which substantial construction has occurred in compliance with a valid building permit on the effective date of the ordinance codified in this Development Code or any amendment, need not be changed to satisfy any new or different requirements of this Development Code if construction is completed in compliance with the original building permit.
5. Subdivision Maps. Subdivision maps shall be processed in compliance with the Subdivision Map Act.
G. Minimum Requirements. All provisions of this Development Code shall be considered minimum requirements, unless stated otherwise (for example, height limits and site coverage requirements for structures, and the numbers and size of signs allowed are maximums, not minimums).
H. Other Requirements May Apply. Nothing in this Development Code eliminates the need for obtaining any permit, approval, or entitlement required by other provisions of the Stockton Municipal Code or complying with the regulations of any City department, or any County, regional, special districts, State, or Federal agency.
I. Conflicting Requirements. Any conflicts between different requirements of this Development Code, or between this Development Code and other regulations, shall be resolved in compliance with Section 16.08.020(D) (Conflicting requirements).
16.04.060 Partial invalidation of Development Code.
If any article, division, section, subsection, paragraph, subparagraph, sentence, clause, phrase, or portion of this Development Code is held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, these decisions shall not affect the validity of the remaining portions of this Development Code. The Stockton City Council hereby declares that this Development Code and each article, division, section, subsection, paragraph, subparagraph, ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout) 6 sentence, clause, phrase, and portion thereof would have been adopted irrespective of the fact that one or more portions of this Development Code may be declared invalid, unconstitutional, or unenforceable.
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
7 Chapter 16.08 Interpretation of Regulations
16.08.010 Purpose of chapter.
This chapter provides rules for resolving questions about the meaning or applicability of any part of this Development Code. The provisions of this chapter are intended to ensure the consistent interpretation and application of the provisions of this Development Code and the General Plan.
16.08.020 Rules of interpretation.
A. Authority. The Community Development Director shall have the responsibility and authority to interpret the meaning and applicability of all provisions and requirements of this Development Code, subject to appeal to the Planning Commission in compliance withpursuant to Chapter 16.100 (Appeals).
B. Language.
1. Abbreviated Titles and Phrases. For the purpose of brevity, and unless otherwise indicated, the following phrases, names of personnel and decision- making bodies are shortened in this Development Code. The City of Stockton is referred to hereafter as the “City.” The Community Development Department is referred to as the “Department.” The Community Development Director is referred to as the “Director.” The City Council is referred to as the “Council.” The Planning Commission is referred to as the “Commission.” The Development Review Committee is referred to as the “DRC” and the Architectural Review Committee is referred to as the “ARC.” The State of California is referred to as the “State,” and the County of San Joaquin is referred to as the “County.” The City of Stockton Municipal Code is referred to as “the Municipal Code.” The California Subdivision Map Act is referred to as the “Map Act.”
2. Terminology. When used in this Development Code, the words “shall,” “will,” “is to,” and “are to” are always mandatory. “Should” and “encourage” are not mandatory but are strongly recommended; “may” is permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise. The words “include,” “includes,” and “including” mean “including but not limited to . . .”. The terms “amend,” “modify,” and “revise,” all mean “to change.” The term “waive” means “to eliminate a requirement.” The use of the word “approval” includes approval with conditions. The use of the words “appropriate” or “applicable” means “as ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
8 determined by the applicable Review Authority, or if not identified, by the Director.” The word “structure” includes “buildings and/or structures.”
3. Number of Days. Whenever a number of days is specified in this Development Code, or in any permit, condition of approval, or notice issued or given as provided in this Development Code, the number of days shall be calendar days, unless business days are specified. Time limits will extend to the following business day where the last of the specified number of days falls on a day that the City is not open for business, except as otherwise provided for by the Map Act.
4. State Law Requirements. Where this Development Code references applicable provisions of State law (for example, the California Government Code, Map Act, Public Resources Code, etc.), the reference shall be interpreted to be the applicable State law provisions as they may be amended from time to time.
C. Calculations—Rounding. Where provisions of this Development Code require calculations to determine applicable requirements, any fractional/decimal results of the calculations shall be rounded as provided by this Subsection. For example, the provision of RH zoning district, which allows a parcel to be developed with 29 dwellings for each net acre of site area, requires determining the number of acres in the site, and multiplying the site area by 29 to determine the number of dwellings allowed.
1. General Rounding. Fractions of one-half (0.5) or greater shall be rounded up to the nearest whole number and fractions of less than one-half (0.5) shall be rounded down to the nearest whole number, except as otherwise provided.
2. Exception for State Affordable Housing Density Bonus. The calculation of fractions related to permitted bonus density units for projects eligible for bonus density pursuant to Government Code Section 65915 or any successor statute and Chapter 16.40 (Affordable Housing Incentives/Density Bonus), any fractional number of units shall be rounded up to the next whole number.
1. Minimum Lot Area and Number of Lots. The fractional/decimal results of calculations of the number of parcels allowed through subdivision based on a minimum lot area requirement shall be rounded down to the next lowest whole number. For example, the RL zoning district minimum lot area requirement of 5,000 square feet net would allow division of a 21,000 square foot lot into four (4) lots.
Example: 21,000 sq. ft./ 5,000 sq. ft. = 4.2 lots, rounded down to 4 lots
2. Residential Density. When the number of housing units allowed on a site are calculated based on density limits established by a zoning district, any fraction of a unit shall be rounded down to the next lowest whole number. For example, the RH zoning district allows 29 dwelling units per net acre of site area; a site of 8,500 ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout) 9 square feet would be allowed five (5) dwelling units (du). Definitions of “Density- Net” and “Density-Gross” can be found in Chapter 16.240 (Glossary).
Example: 8,500 sq. ft. / 43,560 sq. ft. = 0.195 acres;
0.195 acres x 29 du/acre = 5.65 du, rounded down to 5 du
3. All Other Calculations. For all calculations required by this Development Code other than those described in subsections (C)(1) and (C)(2) of this section, the fractional/decimal results of calculations shall be rounded to the next highest whole number when the fraction/decimal is 0.5 or more, and to the next lowest whole number when the fraction is less than 0.5.
D. Conflicting Requirements. Any conflicts between different requirements of this Development Code, or
between this Development Code and other regulations, sh all be resolved a
s follows:
1. State and Federal Provisions. In the event of conflict, Federal and State of California regulations shall preempt the provisions of this Development Code.
1.2. Development Code Provisions. In the event of any conflict between the provisions of this Development Code, the most restrictive requirement shall control, except in case of any conflict between the zoning district regulations of Division 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) and the provisions of Division 3 (Site Planning and General Development Standards), the provisions of Division 3 shall control, and in the case of any conflicts between overlay zoning districts (Chapter 16.28) and other portions of this Development Code, the provisions of the overlay zoning districts shall controlunless otherwise specified.
2.3. Development Agreements, Master Development Plan, Precise Road Plans, or Specific Plans. In the event of any conflict between the requirements of this Development Code and standards adopted as part of any development agreement, master development plan, precise road plan, or specific plan, planned development permit, the requirements of the development agreement, master development plan, planned development permit, approved planned unit residential development (PURD), or specific plan shall control.
3.4. Municipal Code Provisions. In the event of any conflict between requirements of this Development Code and other regulations of the City, the most restrictive requirement shall control.
4.5. Mitigation Measures. In the event of any conflict between the requirements of this Development Code and mitigation measures adopted as part of a certified environmental impact report or approved negative declaration, the mitigation ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
10 measures shall control, unless an amendment is requested by the Applicant and that amendment is approved by the City and/or Responsible Agencies in charge of the mitigation enforcement.
5.6. Private Agreements. This Development Code and its requirements shall not interfere with, repeal, abrogate, or annul any easement, covenant, or other agreement that existed at the time, or was entered into after, the ordinance codified in this Development Code became effective. This Development Code applies to all land uses and development in the City regardless of whether a private agreement or restriction imposes a greater or lesser restriction on the development or use of a structure or land. If a requirement of this Development Code is more restrictive, this Development Code shall apply; this Development Code, however, does not affect the applicability of any agreement or restriction. The City shall not enforce any private covenant or agreement unless it is a party to that covenant or agreement.
E. Unlisted Uses of Land. If a proposed use of la nd is not specifically listed in Table 2-2 (Allowable Land Uses and Permit Requirements) the use shall not be allowed, except as provided below for similar uses:
1. Director’s Determination. The Director may determine that a proposed use not listed in Table 2-2 may be allowed as a permitted or conditional use, in compliance with Instructions for interpretation requests (Section 16.08.030). In making this determination, the Director shall first find that:
a. The characteristics of, and activities associated with, the proposed use are equivalent to those of one or more of the uses listed in the zoning district as allowable, and will not involve a greater level of activity, population density, traffic generation, parking, dust, noise, or intensity than the uses listed in the zoning district;
b. The proposed use will meet the purpose/intent of the zoning district that is applied to the site; and
c. The proposed use will be consistent with the goals, objectives, and policies of the General Plan and any applicable master development plan or specific plan.
2. Applicable Standards and Permit Requirements. When the Director determines that a proposed but unlisted use is equivalent to a listed use, the proposed use will be treated in the same manner as the listed use in determining where the use is allowed, what permits are required, and what other standards and requirements of this Development Code apply.
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
11 16.08.030 Procedures for interpretations.
Whenever the Director determines that the meaning or applicability of any of the requirements of this Development Code are subject to interpretation generally, or as applied to a specific case, the Director may issue an official interpretation or refer the question to the Commission for determination.
A. Request for Interpretation. A request for an interpretation or determination shall be made to the Department and shall include all information described in the Instructions for Interpretation Requests, available from the Department, subject to the applicable fee.
B. Findings, Basis for Interpretation. The issuance of an interpretation by the Director shall include findings stating the basis for the interpretation. The basis for an interpretation may include technological changes or new industry standards, in addition to the following findings:
1. This interpretation is consistent with t he applicable provisions of this Development Code;
2. This interpretation will not be detrimental to the public convenience, health, interest, safety, or general welfare of the City or injurious to the property; and
3. This interpretation 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.
C. Record of Interpretations. Official interpretations shall be written, and shall quote the provisions of this Development Code being interpreted, and the applicability in the particular or general circumstances that caused the need for interpretations, and the determination.
D. Amendment. Any provision of this Development Code that is determined by the Director to need refinement or revision will be corrected by amending this Development Code as soon as is practical. Until an amendment can occur, the Director shall maintain a complete record of all official interpretations as an appendix to this Development Code, which are indexed by the number of the chapter or section that is the subject of the interpretation.
E. Referral of Interpretation. The Director has the option of forwarding any interpretation or determination of the meaning or applicability of any provision of this Development Code directly to the Commission for consideration.
F. Appeals. Any interpretation of this Development Code by the Director may be appealed to the Commission as provided by Chapter 16.100 (Appeals).
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout) 12 Chapter 16.12 Land Use Permit Requirements
16.12.010 Purpose of chapter.
This chapter describes the general requirements of this Development Code for the approval of proposed development and new land uses by the City. Land use permit requirements for specific land uses are established by Divisions 2 (Zoning Districts, Allowable Land Uses, and Zone- Specific Standards), and 3 (Site Planning and General Development Regulations).
16.12.020 Requirements for development and new land uses.
All uses of land and/or structures shall only be established, maintained, constructed, reconstructed, altered, or replaced, in compliance with the following requirements:
A. Allowable Uses. The primary use of land shall be identified by Chapter 16.20 (Allowable Land Uses and Permit Requirements) and Chapter 16.28 (Overlay Zoning District Land Use and Development Standards)zoning district, overlay district, specific plan, or planned development use regulations, or any other section of this Code as being allowable in the zoning district applied to the site. In addition, land uses not identified in Chapter 16.20 may be allowable as follows:
1. Primary Land Uses. If a primary land use is not identifie d, the Director may
determine whether the particular lan
d use is allowable by assigning the land use
or activity to a classification that is substantially similar in character. Land uses not listed as being allowed and not substantially similar to an allowed use are prohibited., in compliance with Section 16.08.020(E) (Unlisted uses of land).
2. Accessory Uses. Uses accessory to a primary land use shall be allowed in compliance with Section 16.80.020 (Accessory uses and structures).
3. Temporary Uses. Temporary uses (e.g., construction yards, seasonal sales lots, special events, etc.) shall be established in compliance with Chapt er 16.164 (Temporary Activity Permits).
B. Permit/App
roval Requirements. Any land use permit or ot her approval required by this Development Code shall be obta
ined before the proposed use is constructed or otherwise establishe
d, unless the proposed use is listed in Section 16.12.030 (Exemptions from development and land u
se approval requirements). The land use permit requirements of this Develop
ment Code are established by Chapter 16.20 (Allowable Land Use and Permit Requirements), and Chapter 16.28 (Overlay Zoning District Land Uses and Development Standards).
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout) 13 C. Development Standards. The use of land and/or structure shall comply with all applicable requirements of this Development Code, includin
g the zoning district standards of Division
2 (Zoning
Districts, Allowable Land Uses, and Zone-Specific Standards), and the provisions of Division 3 (Site Planning and General Development Regulations):
1. A structure shall not be erected, maintained, converted, reconstructed, or structurally
altered and land shall not be used for any purpose other than allowed in the zoning district in which the structure or land is located.
2. A structure shall not be erected, maintained, reconstructed, or structurally altered to exceed the height or bulk limit for the zoning district in which the structure is located.
3. A lot area shall not be reduced or diminished to such an extent that the yard(s) or other open space(s) will
be smaller than required by this Development Code.
4. The required yard and/or open space around a structure or on a vacant parcel shall not be used
to meet the yard or open space requirements for any other existing or proposed str
ucture.
5. Every structure shall be located on a lot as defined by this Development Code.
6. If a structure is converted to a residential unit or a residential unit is converted to increase the number of families that can be accommodated, it shall be located in a zoning district that permits that type of residential unit and shall comply with the development standards for the zoning district in compliance with Table 2-3 (Zoning District Development Standards) and the requirements, standards, and provisions of this Development Code.
D. Conditions of Approva
l. The use of land and/or structure and the location, height, and bulk of structures shall comply with any applicable conditions imposed by any previously granted land
use permit or other approval.
E. Legal Parcel. The use of land and/or structure shall only be establishe d on a parcel of land, which has been legally create
d in compliance with the Map Act as applicable at the
time the par
cel was created, and Division 6 (Subdivision Regulations), as determine d by the City Engineer. Legal
nonconforming parcels may be used or developed in compliance with Chapter 16.228 (Nonconforming Uses, Structures, and Parcels).
F. Development Agreements, Mast er Development Plans, Precise Road Plans, or Specific Plans. The use and/or str
uctures shall comply with any applicable Development
Agreement
approved by the City in compliance with Chapter 16.128 (Development Agreements), master development plan approved by the City in compliance with Chapter
16.140 (Ma
ster Development Plans), Precise Road Plan in compliance with Chapter
16.148 (Precise Road Plans), or specific p
lan approved by the City in compliance with
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
14 Chapter 16.156 (Specific Plans), planned unit residential development (PURDs), planned development permit approved by the City in compliance with Chapter 16.144.
G. Building Permits and Other Permits. The structures shall comply with the requirements for building permits and applicable City, County, regional, Special District, State, or Federal permits.
16.12.030 Exemptions from devel opment and land use approval requirements.
The land use approval requirements of this Development Code do not apply to the activities, uses of land, and/or structures identified by this section; however, the following activities, uses of land, and/or structures may require other permits or approvals in compliance with Section 16.12.040 (Additional permits and approvals may be required). The following are permitted in all zoning districts subject to compliance with all applic able development standards of this Development Code, any other applicable approvals, and this section:
A. Decks, Paths, Driveways, and Other Minor Site Improvements. Decks, platforms, patio slabs, on-site paths, driveways, and other improvements that are not required to have building or grading permits by Title 15 (Buildings and Construction) of the Municipal Code, when these improvements:
1. Do not exceed 30 inches above natural grade and are not constructed over any basement or structure below; and
2. Are not part of a development review or other discretionary application, or required as part of any specific condition of approval.
B. Fences and Walls—Residential Zoning Districts. Fences and walls of seven (7) feet or less in height in the residential zoning dist ricts are exempt from land use permit requirements as provided by Chapter 16.48 (Fences, Hedges, and Walls) unless located within the required front yard or street side yard setback (Table 2-3, Zoning District Development Standards).
C. Interior Remodeling. Interior alterations that do not increase the gross floor area within the structure, or change the approved use of the structure.
D. Portable Spas and Hot Tubs, Fishponds. Portable spas, hot tubs, fish ponds, etc., in compliance with side and rear setback requirements in Table 2-3 (Zoning District Development Standards) and Section 16.8036.020 035 (Accessory uses and structures) and any fencing requirements of the Building Code that do not:
1. Exceed 120 square feet in total area, including related equipment;
2. Contain more than 2,000 gallons of water; and
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
15 3. Exceed 30 inches in depth.
E. Reconstruction of Destroyed Uses and Structures. A use of land and/or structure destroyed by fire or natural disaster may be re-established as it existed, provided that it was legally established and in compliance with the use and development standards of this Development Code before destruction. Any nonconforming use or structure shall meet the requirements for nonconforming uses in compliance with Chapter 16.228 (Nonconforming Uses, Structures, and Parcels) before any use or structure is reestablished or repaired.
F. Repairs and Maintenance. Ordinary repairs and maintenance if the work does not result in any:
1. Change in the approved land use of the site or structure; or
2. Addition to, or enlargement/expansion of, the land use and/or structure.
G. Solar Collectors. The addition of solar collection systems to the roofs of existing structures.
H. Utilities. The installation, construction, alteration, or maintenance by a utility or public agency of underground or overhead utilities (e.g., water, gas, electric, telecommunication, supply or disposal systems, including wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants, etc.), but not including structures housing equipment, shall be permitted in any zoning district, provided that the route of any electrical transmission line(s) for 50,000 volts or more may be subject to Commission and Council review and approval prior to acquisition of rights-of-way. Utility equipment (boxes, cabinets, pedestals, transformer s, vaults, etc.) are subject to Section
18.60.360 (Utility equipment). Public or private satellite, cellular, and other wireless communication facilities are subject to Chapter 16.44 (Communications Facilities).
I. Governmental Facilities. Facilities of the City, County, State, a school district, special district, or the Federal Government, on land owned or leased by a governmental agency for governmental operations, are exempt only to the extent mandated by State or Federal law or, with regard to city facilities, upon written determination of the City Manager.
J. Electric vehicle charging devices including supporting equipment.
K. Solar energy generation canopies located within existing parking lots when, as determined by the Director, no significant changes to circulation occur.
16.12.040 Additional permits and approvals may be required.
Before starting work or establishing new uses, all necessary permits shall be obtained, including permits required by the Municipal Code such as building, grading, or other construction permits ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
16 (Title 15) or business licenses (Title 5) and any applicable County, regional, State, Federal, or special district regulations.
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
17 Division 2. Zoning Districts, Allowable Land Uses,
and Zone-Specific Standards
Chapter 16.16 Zoning Districts Established, Zoning Map
Adopted
16.16.010 Purpose of chapter.
This chapter establishes the zoning districts applied to property within the City, determines how the zoning districts are applied on the Zoning Map, and provides general permit requirements for development and new land uses.
16.16.020 Zoning distri cts established.
The City shall be divided into zoning districts which implement the General Plan. The zoning districts described in Table 2-1 (Zoning Districts and Equivalent General Plan Designations) are hereby established and shall be shown on the official Zoning Map (Section 16.16.030) . The purposes of individual zoning districts are established in the following sections. Allowable land uses and permit requirements for each base distri ct are found in Chapter 16.20 (Allowable Land Uses and Permit Requirements). Base zoning district development standards are in Chapter
16.24 (Zoning District Development Standards).Zoning District Densities are shown on Table 2- 1, with permitted uses on Table 2-2, and Development Standards on Table 2-3. The purposes of the individual zoning districts are as follows:
TABLE 2-1: ZONING DISTRICTS AND EQUIVALENT GENERAL PLAN DESIGNATIONS Zoning District Symbol Zoning District Name General Plan Designation Base Zoning Districts
Residential Districts
RE Residential, Estate Residential Estate
RL Residential, Low Density Low Density Residential
RM Residential, Medium Density Medium Density Residential RH Residential, High Density High Density Residential, Commercial, Administrative Professional
Commercial Districts
CO Commercial, Office Administrative Professional
CN Commercial, Neighborhood Commercial
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
18 TABLE 2-1: ZONING DISTRICTS AND EQUIVALENT GENERAL PLAN DESIGNATIONS Zoning District Symbol Zoning District Name General Plan Designation Base Zoning Districts
CG Commercial, General Commercial
CH Commercial, Heavy Commercial
CD Commercial, Downtown Commercial
CL Commercial, Large-Scale Commercial
CA Commercial, Auto Commercial
Industrial Districts
IL Industrial, Light Industrial
IG Industrial, General Industrial
PT Port Industrial, Institutional
Public and Semi-Public Districts
PF Public Facilities Institutional, Parks and Recreation OS Open Space Open Space/Agriculture
Other Districts
MX Mixed Use Mixed Use
UC University/College University/College
Overlay Districts
-AIR Aircraft Operations Overlay District All
-CHA Channel Area Overlay District All
-CI Commercial Industrial Overlay District All
-DES Design Review Overlay District All
-MHD Magnolia Historic Overlay District All
-SP Specific Plan Overlay District All
-TOD Transit Oriented Development All
A. Residential Districts. The purpose of the Residential Districts is to:
1. Provide for a full range of housing types to meet the diverse economic and social needs of residents;
2. Preserve, protect, and enhance the character of the City’s neighborhoods;
3. Enhance the quality of life of residents;
4. Ensure that the scale and design of new development and alterations to existing development are appropriate to the physical and aesthetic characteristics of the proposed location; and
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
19 5. Provide sites for public and semi-public uses such as parks, schools, day care, and other community uses that serve residents and complement surrounding residential development.
6. Additional purposes of each Residential District are:
a. RE (Residential, Estate). The RE District is intended to provide for residential development on large lots and other compatible uses in a semi- rural atmosphere and setting. It is intended to provide a transition from rural to urban areas on the urban fringe. The RE District is consistent with the Residential Estate General Plan Land Use Designation.
b. RL (Residential, Low Density). The RL District is intended to provide for residential development, including single unit dwellings, duplexes, triplexes, semi-detached patio homes, town homes, and other residential development types, in a low-density residential neighborhood setting. This District also allows for public uses, quasi-public uses, and similar and compatible uses that may be appropriate in a low-density residential environment. The RL District is consistent with the Low Density Residential General Plan Land Use Designation.
c. RM (Residential, Medium Density). The RM District is intended to provide for a variety of housing types, including duplexes, townhouses, apartments, detached single-unit residential development on small lots, and other compatible uses appropriate in a medium density residential environment.
This District also allows neighborhood-serving retail, commercial service, and mixed uses in appropriate locations that provide residents with easy access to daily services and necessities within their neighborhood, provided that they are compatible with surrounding uses. The RM District is consistent with the Medium Density Residential General Plan Land Use Designation.
d. RH (Residential, High Density). The RH District is intended to provide for a variety of high-density residential development, including high density single-unit dwellings, townhouses, group housing, condominiums, and apartments, and other compatible uses appropriate in a high-density residential environment. This District also allows neighborhood-serving retail, commercial service, and mixed uses in appropriate locations that provide residents with easy access to daily services and necessities within their neighborhood, provided that they are compatible with surrounding uses. The RH District is consistent with the High Density Residential, Commercial, and Administrative Professional General Plan Land Use Designations.
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
20 B. Commercial Districts. The purpose of the Commercial Districts is to:
1. Provide for the orderly, well-planned, and balanced development of commercial districts;
2. Designate adequate land for a full range of local- and regional-serving commercial and retail services, consistent with the General Plan;
3. Maintain and strengthen the City’s economic resources;
4. Increase employment opportunities and expand the economic base of the City;
5. Provide appropriately-located commercial areas that provide a variety of goods and services for residents, employees, and visitors;
6. Provide opportunities for a mix of complementary uses that may combine residential and nonresidential uses, or a variety of non-residential uses, on the same site; and
7. Promote pedestrian-oriented, mixed-use commercial centers at appropriate locations.
8. Additional purposes of each Commercial Districts are:
a. CO (Commercial, Office). The CO District is intended to be a transitional area between residential and general commercial uses. The primary uses in this district include offices, incidental retail and/or residential in conjunction with an office, and other compatible uses. The CO District is consistent with the Administrative Professional General Plan Land Use Designation.
b. CN (Commercial, Neighborhood). The CN District is intended to provide for neighborhood centers that provide goods and services to meet the day-to- day needs of residents and visitors. These areas should promote land use types and designs to accommodate pedestrian and bicycle access and avoid auto oriented or auto dominated use types. The CN District is consistent with the Commercial General Plan Land Use Designation. c. CG (Commercial, General). The CG District is intended to provide areas for a wide variety of general commercial uses, including retail, personal and business services; commercial recreational uses; and a mix of office, commercial, and/or residential uses. The CG District is consistent with the Commercial General Plan Land Use Designation.
d. CH (Commercial, Heavy). The CH District is intended to preserve urban industrial land as viable sites of production and employment while buffering heavy industrial activities from existing residential uses. Allowable uses in ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
21 this place include light industrial, clean manufacturing, agricultural technologies, food processing, energy resources and technologies, offices, commercial uses to support business endeavors, repurposed buildings with live/work artist studios, and other non-noxious industrial and manufacturing uses. Residential uses are permitted in this zone; however, heavy industrial or other land uses that could negatively impact adjacent sensitive receptors (i.e., housing, school, and civic uses) are prohibited.
The CH District is consistent with the Commercial General Plan Land Use Designation.
e. CD (Commercial, Downtown). The CD District is applied to the downtown commercial area of the City. The intent of the CD zoning district is to encourage a mixture of high intensity urban uses to create a lively, pedestrian-friendly environment, with high visual quality. Appropriate uses include large scale commercial offices and office support uses, high- density residential development, tourist and lodging oriented uses, and governmental facilities. The CD District is consistent with the Commercial General Plan Land Use Designation.
f. CL (Commercial, Large-Scale). The CL zoning district is applied to areas appropriate for large-scale integrated commercial retail centers with shared parking facilities. The CL zoning district is intended to serve a regional market area, and is to be applied to sites of at least 25 acres. The CL zoning district is consistent with the Commercial General Plan Land Use Designation.
g. CA (Commercial, Auto). The CA zoning district is applied to areas appropriate for new and used automobile dealerships and related uses and is to be applied to sites of at least three acres. The CA zoning district is consistent with the Commercial General Plan Land Use Designation.
C. Industrial Districts. The purpose of the Industrial Districts is to:
1. Designate adequate land for commercial businesses, professional offices, and industrial growth, consistent with the General Plan;
2. Maintain and strengthen the City’s economic resources;
3. Provide a range of employment opportunities to meet the needs of current and future residents; and
4. Provide areas for a wide range of manufacturing, industrial processing, and service commercial uses, and protect areas where such uses now exist.
5. Additional purposes of each Industrial District are:
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
22 a. IL (Industrial, Limited). The IL District is intended to provide areas for industrial businesses and operations that do not create adverse visual, noise, or other impacts on adjoining public and residential properties. This district allows for industrial, manufacturing, warehousing, service, retail, public and quasi-public uses, and other similar and compatible uses.
Industries that use or produce substantial amounts of hazardous materials or generate noise, odor, or other pollutants are not permitted. The IL District is consistent with the Industrial General Plan Land Use Designation. b. IG (Industrial, General). The IG district is intended to allow a wide range of industrial land uses, including uses that may be conducted outdoors or associated with nuisance or hazardous impacts. Includes ancillary office uses. The IG District is consistent with the Industrial General Plan Land Use Designation.
c. PT (Port). The PT District is applied to areas of the City that are operated by “port districts” as formed under the Harbors and Navigation Code Section 6210 et seq., for the operation of port facilities, including wharves, dockage, warehousing, and related port facilities. The PT District is consistent with the Industrial and Institutional General Plan Land Use Designations and the Rough and Ready Island Development Plan for the Port of Stockton (as applicable). Development and zoning code requirements within the PT zone are subject to the approved Development Agreement (DA) the City has with the Port. Should the expire, be amended, or mutually terminated, existing and future land uses shall utilize the IG (Industrial, General) zoning designations to regulate development.
D. Public and Semi-Public Districts. The purpose of the Public and Semi-Public Zoning Districts is to:
1. Provide land for the development of public, semi-public, and open space uses that provide services to the community and support existing and new residential, commercial, and industrial land uses;
2. Provide areas for educational facilities, cultural and institutional uses, health services, parks and recreation, general government operations, utility and public service needs, and other similar and related supporting uses;
3. Provide opportunities for outdoor recreation and meet the recreational needs of City residents; and
4. Reserve areas for passive recreation, open space, and habitat protection and enhancement.
5. Additional purposes of each Public and Semi-Public Zoning District are:
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
23 a. PF (Public Facilities). The PF District is applied to areas appropriate for a variety of public and quasi-public land uses, including facilities and lands owned by the City, County, State, or Federal governments. Allowable land uses include public and quasi-public uses such as schools, libraries, colleges, water treatment facilities, airports, some governmental offices, federal installations, City and County parks, pedestrian and bicycle trails, golf courses, marinas, community centers, and other similar and compatible uses. The PF District is consistent with the Institutional and Parks and Recreation General Plan Land Use Designations. b. OS (Open Space). The OS District is applied to areas of the City with open space resources, including agricultural lands, wetlands, wildlife reserves, and other sensitive natural resources; passive recreational areas such as golf courses; or natural hazards. Structural uses are limited to those which support the maintenance and/or use of the open space area. The OS District is consistent with the Open Space/Agriculture General Plan Land Use Designation.
E. Other Districts. The purposes of Other Districts is as follows.
1. MX (Mixed Use). The MX District is intended to apply to large properties that can accommodate a wide range of land uses to promote integrated development addressing land use, design, circulation, recreation, public services, and natural resources and to ensure appropriate coordination of planning and development.
The MX District is consistent with the Mixed Use General Plan Land Use Designation.
2. UC (University/College). The UC District is applied to areas of the City that are dedicated to private institutions of higher learning, to enable campus modifications or changes with the minimum, appropriate land use regulations. The UC District is consistent with the Administrative Professional General Plan Land Use Designation.
A.F. Overlay Zoning Districts. The purposes of the overlay zoning districts are described in Chapter 16.28 (Overlay Zoning District Land Uses and Development Standards).
Residential Zoning Districts.
RE (Residential, Estates) District. The RE zoning district is applied to single-family residential development on large lots. It is intended to provide a transition from rural to urban areas on the urban fringe. Allowable density shall be a maximum of one (1) dwelling unit per acre. The RE zoning district is consistent with the Residential Estate land use designation of the General Plan.
RL (Residential, Low Density) District. The RL zoning district is applied to single-family residential neighborhoods, low-density residential planned developments, and/or other low-density residential development, and is intended to maintain densities and protect existing neighborhood character. Allowable density shall be up to 8.7 dwelling units per net acre or 6.1 per gross acre. The RL zoning district is consistent with the Low Density Residential land use designation of the General Plan.
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
24 RM (Residential, Medium Density) District. The RM zoning district is applied to more intensely developed residential neighborhoods and/or other medium-density residential planned developments. Allowable housing types may include single-family independent dwelling units, duplexes, triplexes, townhouses, and multifamily units. Allowable density shall be 8.8 to 17.4 dwelling units per net acre or 6.2 to 13.1 dwelling units per gross acre. The maximum floor area ratio (FAR) for neighborhood-serving retail uses is 0.3. The RM zoning district is consistent with the Medium Density Residential land use designation of the General Plan.
RH (Residential, High Density) District. The RH zoning district is applied to high-density residential neighborhoods.
Allowable housing types may include multifamily and various types of group housing, as well as high density single- family residential development. The RH zoning district is consistent with the High Density Residential, Commercial, and Administrative Professional land use designations of the General Plan. Consistent with the General Plan, allowable densities are as follows:
Outside the Greater Downtown. 17.5 to 30 dwelling units per net acre or 13.2 to 24 dwelling units per gross acre. The maximum floor area ratio (FAR) for neighborhood-serving retail uses is 0.30.
Inside the Greater Downtown. 20 to 90 dwelling units per net acre or 16 to 72 dwelling units per gross acre. The maximum floor area ratio (FAR) for neighborhood-serving retail uses is 3.0.
Inside the Downtown Core. Up to 16 to 108.8 dwelling units per net acre or 20 to 136 dwelling units per gross acre.
The maximum floor area ratio (FAR) for neighborhood-serving retail uses is 5.0.
Commercial Zoning Districts.
Residential Density and Floor Area Ratios (FAR). The allowable residential densities and Floor Area Ratios (FAR) for the CO, CN, CG, CL and CD zones are as follows:
Outside the Greater Downtown Area. 17.5 to 30 dwelling units per net acre or 13.2 to 24 dwelling units per gross acre. The maximum floor area ratio (FAR) is 0.3.
Inside the Greater Downtown area may be 20 to 90 dwelling units per net acre or 16 to 72 dwelling units per gross acre. The maximum floor area ratio (FAR) is 3.0.
Inside the Downtown Core. Up to 20 to 136 dwelling units per net acre and 16 to 108.8 dwelling units per gross acre.
The maximum floor area ratio (FAR) is 5.0.
CO (Commercial, Office) District. The CO zoning district is intended to be a transitional area between residential and general commercial uses. The primary uses in this district include offices, incidental retail and/or residential in conjunction with an office, and other compatible uses. The CO zoning district is consistent with the Administrative- Professional land use designation of the General Plan.
CN (Commercial, Neighborhood) District. The CN zoning district is applied to small-scale, limited retail and service areas that are designed to provide for the daily needs of the residents of the immediate, surrounding neighborhood.
This zone is intended to be more pedestrian oriented to service adjacent residential communities. The CN zoning district is consistent with the Commercial land use designation of the General Plan.
CG (Commercial, General) District. The CG zoning district is applied to areas appropriate for a wide variety of general commercial uses, including retail, personal and business services; commercial recreational uses; and a mix of office, commercial, and/or residential uses. The CG zoning district is consistent with the Commercial land use designation of the General Plan.
CD (Commercial, Downtown) District. The CD zoning district is applied to the downtown commercial core areas of the City. The intent of the CD zoning district is to encourage a mixture of high intensity uses to create a lively, pedestrian- friendly environment, with high visual quality. Appropriate uses include large scale commercial offices and office support uses, high-density residential development, tourist and lodging oriented uses, and governmental facilities.
The CD zoning district is consistent with the Commercial land use designation of the General Plan.
CL (Commercial, Large-Scale) District. The CL zoning district is applied to areas appropriate for large-scale integrated commercial retail centers with shared parking facilities. The CL zoning district is intended to serve a regional market area, and is to be applied to sites of at least 25 acres. The CL zoning district is consistent with the Commercial land use designation of the General Plan.
CA (Commercial, Auto) District. The CA zoning district is applied to areas appropriate for new and used automobile dealerships and related uses and is to be applied to sites of at least three (3) acres. The CA zoning district is consistent with the Commercial land use designation of the General Plan.
Industrial Zoning Districts.
IL (Industrial, Limited) District. The IL zoning district is applied to areas appropriate for light manufacturing uses that may generate more nuisance impacts than acceptable in commercial zoning districts and whose operations are ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
25 totally conducted indoors. Includes retail stores and ancillary office uses. The IL zoning district is consistent with the Industrial land use designation of the General Plan.
IG (Industrial, General) District. The IG district is intended to allow a wide range of industrial land uses, including uses that may be conducted outdoors or associated with nuisance or hazardous impacts. Includes ancillary office uses.
The IG zoning district is consistent with the Industrial land use designation of the General Plan.
PT (Port) District. The PT zoning district is applied to areas of the City that are operated by “port districts” as formed under the Harbors and Navigation Code Section 6210 et seq., for the operation of port facilities, including wharves, dockage, warehousing, and related port facilities. The PT zoning district is consistent with the Industrial and Institutional land use designations of the General Plan and the Rough and Ready Island Development Plan for the Port of Stockton (as applicable).
Special Purpose Zoning Districts.
PF (Public Facilities) District. The PF zoning district is applied to areas appropriate for a variety of public and quasi- public land uses, including facilities and lands owned by the City, County, State, or Federal governments as well as religious facilities. The PF zoning district is consistent with the Institutional and Parks and Recreation land use designations of the General Plan. The maximum FAR is 0.2.
OS (Open Space) District. The OS zoning district is applied to areas of the City with open space resources, including agricultural lands, wetlands, wildlife reserves, and other sensitive natural resources; passive recreational areas such as golf courses; or natural hazards. Structural uses are limited to those which support the maintenance and/or use of the open space area. The OS zoning district is consistent with the Open Space/Agriculture land use designation of the General Plan. The maximum FAR is 0.01.
MX (Mixed Use) District. The MX zoning district is intended to apply to large properties of at least 100 acres that can accommodate a wide range of land uses. A master development plan is required for each MX zoning district to identify specific allowable land uses and development regulations. The MX zoning district is consistent with the Mixed-Use designation of the General Plan.
UC (University/College) District. The UC zoning district is applied to areas of the City that are dedicated to private institutions of higher learning, to enable campus modifications or changes with the minimum, appropriate land use regulations. A master development plan is required for each UC zoning district to identify specific allowable land uses and development regulations. The UC zoning district is consistent with the Administrative Professional land use designation of the General Plan. The maximum FAR is 0.5 Outside the Greater Downtown and 5.0 inside the Greater Downtown area.
Overlay Zoning Districts. The purposes of the overlay zoning districts are described in Chapter 16.28 (Overlay Zoning District Development Standards).
TABLE 2-1 ZONING DISTRICTS AND EQUIVALENT GENERAL PLAN DESIGNATIONS Zoning District Symbol Zoning District Name General Plan Designation Residential Districts
RE Residential, Estates Residential Estate
RL Residential, Low Density Low Density Residential
RM Residential, Medium
Density
Medium Density Residential
RH Residential, High Density High Density Residential, Commercial, Administrative Professional
Commercial and Industrial Districts
CO Commercial, Office Administrative Professional
CN Commercial, Neighborhood Commercial
CG Commercial, General Commercial
CD Commercial, Downtown Commercial
CL Commercial, Large-Scale Commercial
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
26 TABLE 2-1 ZONING DISTRICTS AND EQUIVALENT GENERAL PLAN DESIGNATIONS Zoning District Symbol Zoning District Name General Plan Designation CA Commercial, Auto Commercial
IL Industrial, Limited Industrial
IG Industrial, General Industrial
PT Port District Industrial, Institutional
Special Purpose Districts
PF Public Facilities Institutional/Parks and Recreational OS Open Space Open Space, Agriculture
MX Mixed Use Mixed Use
UC University/College Administrative Professional, Institutional Overlay Districts
-AIR Aircraft Operations All
-CHA Channel Area All
-DES Design Review All
-MHD Magnolia Historic District All
-CIO Commercial-Industrial
Overlay
Commercial
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
27 Chapter 16.20 Allowable Land Uses and Permit Requirements
16.20.010 Purpose of chapter.
This chapter identifies the uses of land that may be allowed within each of the zoning districts established by Section 16.16.020 (Zoning districts established), and establishes a land use permit requirement for each allowable use.
16.20.020 Allowable land uses and permit requirements.
Table 2-2 sets the land use regulations for the base zoning district. Land uses are defined in Chapter 16.250 (Use Classifications). In cases where a specific land use or activity is not defined, the Director shall assign the land use or activity that is substantially similar in character. Land use not listed in the table and not substantially similar to the uses listed are prohibited. Section numbers in the right-hand column refer to other sections of this Code. Numbers in parentheses refer to specific limitations listed at the end of the table.
A. Requirements for Primary Uses. Table 2-2 identifies the primary land uses for each zoning district, except the MX and UC zoning districts. It identifies whether the use is allowed or not allowed, and indicates which land use permit would be required, if necessary, to authorize the use. Building permits or other permits may also be required by the Municipal Code. The land uses identified in Table 2-2 are defined in Division 8 (Glossary).
1. Permit Requirements for Primary Uses. The permitting requirements identified in Table 2-2 are:
a. Permitted (P). All land uses shown with a “P” in the table are allowed subject to compliance with all applicable provisions of this Development Code. Site plan review (Chapter 16.152) is required for new construction or for a change to a more intensive use, except as provided by Section
16.152.040 (Exemptions).
b. Land Development Permit (L). All land us es shown as “L” in the table that require construction of new structures or improvements, the expansion of an existing facility, or a change to a more intensive use, as determined by the Director, require the approval of a land development permit (Chapter
16.136). If there will be no construction, expansion of an existing facility, or a change to a more intensive use, the use is allowed without a new land development permit.
c. Administrative Use Permit (A). All land uses shown with an “A” in the tables are allowed subject to the approval of an administrative use permit (Chapter 16.172). If there is an existing use permit for the use and there ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
28 will be no new construction or expansion of an existing facility, no new use permit shall be required.
d. Commission Use Permit (C). All land uses shown with a “C” in the tables are allowed subject to the approval of a commission use permit (Chapter
16.172). If there is an existing use permit for the use and there will be no new construction or expansion of an existing facility, no new use permit shall be required.
e. Not Allowed (Empty Box in Table). All land uses shown with an empty box in the table are not allowed in the applicable zoning district. f. Not Allowed, Except Under Special Ci rcumstances (E). All land uses shown with an “E” on the table are not allowed in the applicable zoning district, except under the special circumstances identified in the specific use standards in Division 3.
2. Uses With Specific Standards. All uses, regardless of the type of permit that may be required, shall comply with all applicable provisions of this Development Code.
In addition, if there is a section number in the last column of the table (“Specific Use Standards”), the use is also subject to the referenced provisions.
3. Multiple Uses on a Single Site. Where a proposed project includes multiple land uses, and more than one type of land use permit is required, the most restrictive land use permit shall apply for all land uses.
4. Changes to an Approved Project. Changes to an approved project that required a land use permit shall be subject to the requirements of Chapter 16.104 (Changes to an Approved Project).
5. Uses Not Listed. Land uses that are not listed in Table 2-2 are not allowed, except as otherwise provided by Section 16.08.020(E) (Rules of interpretation—Allowable uses of land).
B.A. Allowable Uses and Permit Requirements for the MX, UC and PT Districts. The uses of land that may be allowed within the MX, UC and PT zoning districts and the land use permit requirements for each allowable use shall be identified in the master development plan applicable to the specific site , in compliance with Chapter 16.140 (Master Development Plans) and the Rough and Ready Island Development Plan for the Port of Stockton, CA for the PT zoning district (as applicable) . Development and zoning code requirements within the PT zoning district are subject to the approved Development Agreement (DA) the City has with the Port. Should the DA expire, be amended, or mutually terminated, existing and future land uses shall utilize the IG (Industrial, General) zoning designation to regulate development.
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
29 C.B. Overlay Zoning Districts. Development located in overlay zoning districts (Aircraft Operations Overlay District, Design Review Overlay District, Channel Area Overlay District, and Magnolia Historic Overlay District, and Commercial-Industrial Overlay District) shall be in compliance with Chapter 16.28 (Overlay Zoning District Land Use and Development Standards).
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
30 D. Accessory Uses. Accessory land uses are subject to the requirements of Section 16.80.020 (Accessory uses and structures).
E. Temporary Uses. Temporary uses are subject to the requi rements of Chapter 16.164 (Temporary Activity Permits).
F. Freeway and Highway Oriented Uses. The following uses, when both located within 1,000 feet of Interstate 5, State Highway Route 4, or State Highway Route 99 and allowable through a Land Development Permit, Administrative Use Permit, or Commission Use Permit, shall be considered a Permitted (P) use unless within the Downtown Core area:
1. Auto/Vehicle Services: Car Washes; and
2. Auto/Vehicle Services: Fueling Stations.
The measurement of distance under this pr ovision shall be made from the outside boundaries of the respective freeway or highway right-of-way to the property line of the proposed use. This provision excludes land zoned MX, UC and PT.
TABLE 2-2: ALLOWABLE LAND USES AND PERMIT REQUIREMENTS
"P" = Permitted Use; "L" = Land Development Permit required; "A" = Administrative Use Permit required; "C" = Commission Use Permit required; “E” = Use not allowed, except under special circumstances "-" = Use not allowed Land Use
Classification
Base Zoning Districts
Additional Regulations
RE RL RM RH C
O CN CG CL CA CH CD IL IG PF OS
Residential Uses
Residential Dwelling Unit
Single-Unit,
Detached P P P A - - - - - - - - - - -
Single-Unit, Attached A P(1) P(2) A - - - - - - - - - - - Multi-Unit Dwelling A A(1) P(2) P P P P P P P P - - - - Accessory Dwelling
Unit See Section 16.80.310, Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) Caretaker Unit - - - - P P P P P P P P L L -
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
31 TABLE 2-2: ALLOWABLE LAND USES AND PERMIT REQUIREMENTS "P" = Permitted Use; "L" = Land Development Permit required; "A" = Administrative Use Permit required; "C" = Commission Use Permit required; “E” = Use not allowed, except under special circumstances "-" = Use not allowed Land Use
Classification
Base Zoning Districts
Additional Regulations
RE RL RM RH C
O CN CG CL CA CH CD IL IG PF OS
Co-living - - - A A A P - - P P - - - - 16.80.225 Co-living Facilities Emergency Shelters - - - C C - C - - P C P P P - 16.80.155 Emergency Shelter Employee Housing (for
Farmworkers)
Employee housing providing accommodations for six or fewer employees shall be deemed to be a single-unit structure with a residential land use, and shall be treated the same as a single-unit dwelling of the same type in the same zoning district.
Family Day Care
Small Small and large family day cares are permitted in all zoning districts where residential uses are allowed and are considered residential uses of property.
Large
Group Residential - - - A - A A - - - A - - - -
Live-Work Space - - - P P P P P - P P P - - -
Low Barrier Navigation
Center
Low barrier navigation centers consistent with California Government Code Section 65660 et seq, shall be permitted by right in all Zoning Districts where multi-unit and mixed-use residential development are permitted.
Mobile Home Park - - A A - - - - - - - - - - - 16.80.210, Mobile Home Parks and Subdivisions
Residential Care Facility
Small Small residential care facilities 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 Large - - L L L - - - - A L - - - - 16.80.300 Residential Care Homes
Residential Facility,
Assisted Living - - C P P P P - - P P - - - -
Supportive Housing
See Section 16.80.400, Supportive and Transitional Housing
Transitional Housing
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
32 TABLE 2-2: ALLOWABLE LAND USES AND PERMIT REQUIREMENTS "P" = Permitted Use; "L" = Land Development Permit required; "A" = Administrative Use Permit required; "C" = Commission Use Permit required; “E” = Use not allowed, except under special circumstances "-" = Use not allowed Land Use
Classification
Base Zoning Districts
Additional Regulations
RE RL RM RH C
O CN CG CL CA CH CD IL IG PF OS
Public/Semi-Public, Recreational, and Institutional Uses Campgrounds and RV
Parks - - - - - - A A - - - A - L -
Colleges and Trade
Schools - - - - P P P P P P P P P P -
Commercial Entertainment and Recreation
Card Rooms - - - - - - C C L C C C - - -
16.80.040, Alcoholic Beverage
Sales
16.80.270 Problem Uses
Cinema/ Theaters - - - - P P P P L P P - - - -
Indoor Entertainment
and Recreation - - - - L L L L L L L L - L -
Outdoor
Entertainment - - - - - - C C C C C C - A -
Outdoor Recreation - - - - - - A A A A A A - A C
Private
Entertainment
Facilities
- - - - - - C C - C C C - - -
Community Assembly A A A A P P P P L P P P P P - 16.80.080 Assembly, places of Cultural Institutions - - - - P P P P P P P - - L A
Day Care Centers - - C C P P P P P P P - - L - 16.80.100 Child Care Facilities Hospitals and Clinics
Clinics - - - - P P P P - P P - - L -
Hospitals - - - - C - C C - C C C - C -
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
33 TABLE 2-2: ALLOWABLE LAND USES AND PERMIT REQUIREMENTS "P" = Permitted Use; "L" = Land Development Permit required; "A" = Administrative Use Permit required; "C" = Commission Use Permit required; “E” = Use not allowed, except under special circumstances "-" = Use not allowed Land Use
Classification
Base Zoning Districts
Additional Regulations
RE RL RM RH C
O CN CG CL CA CH CD IL IG PF OS
Skilled Nursing
Facility - C C P P - P P - P - - - L -
Instructional Services - - - A P P P P L P P P - L -
Parking Lots and
Structures - - - - A A P P P P P P - L -
Parks and Recreation
Facilities P P P P P P P P P P P - - P P
Public Safety Facilities C C C C C C C C C C C C C L -
Religious Facilities A A A A P P P P P P P P - L - 16.80.080 Assembly, places of Schools - A A A A A A A - A A - - A -
Social Service
Facilities - - - - A - A A - A A C C A -
Vehicle, Truck, and
Heavy Equipment
Training
- - - - - - - - A C - P P L -
Commercial, Business, and Service Uses
Adult Related
Establishments - - - - - - P P - P P - - - - 16.80.030 Adult-Related Establishments
Animal Services
Animal Shelter and
Boarding - - - - C - C C L A C A A L -
Pet Training and Day
Care - - - - A A L L L L L L L - -
Veterinary Clinics
and Hospitals - - - - A A P P P P P P - - - 16.80.370 Veterinary Clinics and Animal Hospitals
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
34 TABLE 2-2: ALLOWABLE LAND USES AND PERMIT REQUIREMENTS "P" = Permitted Use; "L" = Land Development Permit required; "A" = Administrative Use Permit required; "C" = Commission Use Permit required; “E” = Use not allowed, except under special circumstances "-" = Use not allowed Land Use
Classification
Base Zoning Districts
Additional Regulations
RE RL RM RH C
O CN CG CL CA CH CD IL IG PF OS
Automobile/Vehicle Sales and Services
Automobile/ Vehicle
Rental - - - - - - L L P L L L - - - 16.80.070 Auto and Vehicle Sales/Leasing/ Rental Facilities
Automobile/ Vehicle
Sales and Leasing - - - - - - L - P L A(3) P - - - 16.80.070 Auto and Vehicle Sales/Leasing/ Rental Facilities
Automobile/Vehicle
Service and Repair,
Minor
- - - - - - P P P P P P P - - 16.80.320 Service Stations (Fueling Stations)
Automobile/ Vehicle
Repair, Major - - - - - - - - P A - P P - - 16.80.340 Tow Truck Operators Large Vehicle and
Equipment Sales,
Service, and Rental
- - - - - - A - A A - P P - - 16.80.070 Auto and Vehicle Sales/Leasing/ Rental Facilities
Fueling Stations - - - - - - L L A L - L L - -
16.80.320 Service Stations
(Fueling Stations)
16.80.340 Tow Truck Operators
Towing and Impound - - - - - - - - - - - L P - - 16.80.340 Tow Truck Operators Vehicle Washing - - - - - - A A P A - A A - -
Banks and Financial
Services - - - - P P P P P P P - - - -
Business Support
Services - - - - P P P P P P P P P - -
Cannabis Retailer
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
35 TABLE 2-2: ALLOWABLE LAND USES AND PERMIT REQUIREMENTS "P" = Permitted Use; "L" = Land Development Permit required; "A" = Administrative Use Permit required; "C" = Commission Use Permit required; “E” = Use not allowed, except under special circumstances "-" = Use not allowed Land Use
Classification
Base Zoning Districts
Additional Regulations
RE RL RM RH C
O CN CG CL CA CH CD IL IG PF OS
Storefront - - - - C C C C - C C C C - - 16.80.195 Cannabis Business Types
Non-Storefront - - - - A A A A - A A A A - - 16.80.195 Cannabis Business Types
Commercial Kitchen - - - A P P P P - - P L - - -
Commissary - - - - - - - - - A - A A - - 16.80.385 Commissary Commissary Kitchen - - - - - - - - - - - A A - - 16.80.385 Commissary Drive-Through Facility - - - - A L(4) L L L L L L L - - 16.80.150 Drive-in and Drive- through Facilities
Eating and Drinking Establishments
Bars and Nightclubs - - - - - C C C C C C C - - - 16.80.040, Alcoholic Beverage Sales
Food and Beverage
Tasting - - - - - P P P P P P L L - - 16.80.040, Alcoholic Beverage Sales
Restaurant - - - A P P P P P P P L - - -
16.80.040, Alcoholic Beverage
Sales; 16.80.250, Outdoor
Dining and Seating
Food Truck Park
Food Truck Pod - - - - - L L L - L L - - - - 16.80.380 Food Truck Parks Food Truck Hub - - - - - A A A - A A - - - - 16.80.380 Food Truck Parks Food Truck Plaza - - - - - C C C - C C - - - - 16.80.380 Food Truck Parks Food Truck
Park/Commissary
Co-Location
- - - - - - C C C C C C - - - 16.80.380 Food Truck Parks ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
36 TABLE 2-2: ALLOWABLE LAND USES AND PERMIT REQUIREMENTS "P" = Permitted Use; "L" = Land Development Permit required; "A" = Administrative Use Permit required; "C" = Commission Use Permit required; “E” = Use not allowed, except under special circumstances "-" = Use not allowed Land Use
Classification
Base Zoning Districts
Additional Regulations
RE RL RM RH C
O CN CG CL CA CH CD IL IG PF OS
Funeral Facilities and Services
Cemeteries - C C C C - C - C C C C C C C
16.80.165 Funeral Facilities and
Services
Mortuaries - - - - - - C - C A C A A A -
Funeral Homes - - - - A A A - A A A - - - -
Crematorium - - - - - - C - C A C A A A -
Lodging
Bed and Breakfast
Inns - C C C P P P - - - P - - A - 16.80.090 Bed and Breakfast Inns
Hotels and Motels - - - - P P P P - P P - - - -
Offices - - - - P P P P P P P P P L - 16.80.240 Office Adjacent to Residential Zoning Districts
Personal Services
General Personal
Services - - - - P P P P - P P - - - -
Body Piercing
Studios - - - - - C C C - C A - - - -
Fortune, Palm, and
Card Reader - - - - - A A A - A A - - - -
Massage
Establishment, State
Certified
- - - - P P P P - P P - - - - 16.80.190, Massage
Establishments
Massage
Establishment, Non-
certified
- - - - - C C C - C C - - - - 16.80.190, Massage
Establishments
Repair Services - - - - P P P P P P P P - - -
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
37 TABLE 2-2: ALLOWABLE LAND USES AND PERMIT REQUIREMENTS "P" = Permitted Use; "L" = Land Development Permit required; "A" = Administrative Use Permit required; "C" = Commission Use Permit required; “E” = Use not allowed, except under special circumstances "-" = Use not allowed Land Use
Classification
Base Zoning Districts
Additional Regulations
RE RL RM RH C
O CN CG CL CA CH CD IL IG PF OS
Retail Sales
Building Materials
Stores - - - - - A P P - P - P - - -
16.80.330 Shopping Centers
and Large-Scale Commercial
Retail Uses
Convenience Stores - - - - - C C C - C C - - - -
16.80.040, Alcoholic Beverage
Sales
16.80.140 Convenience Stores
16.80.270 Problem Uses
16.80.330 Shopping Centers
and Large-Scale Commercial
Retail Uses
Garden Centers - - - - A A P P P P P P - - -
16.80.330 Shopping Centers
and Large-Scale Commercial
Retail Uses
General Retail - - - A P P P P A P P P - - -
16.80.040, Alcoholic Beverage
Sales
16.80.330 Shopping Centers
and Large-Scale Commercial
Retail Uses
Outdoor Retail Sales - - - - - - A A - - - A A - -
16.80.260, Outdoor Display and
Sales
16.80.330 Shopping Centers
and Large-Scale Commercial
Retail Uses
Pawn Shop - - - - - A A A - A A - - - -
16.80.330 Shopping Centers
and Large-Scale Commercial
Retail Uses
Industrial Uses
Artisan Manufacturing - - - - - - P P - P P P P - -
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
38 TABLE 2-2: ALLOWABLE LAND USES AND PERMIT REQUIREMENTS "P" = Permitted Use; "L" = Land Development Permit required; "A" = Administrative Use Permit required; "C" = Commission Use Permit required; “E” = Use not allowed, except under special circumstances "-" = Use not allowed Land Use
Classification
Base Zoning Districts
Additional Regulations
RE RL RM RH C
O CN CG CL CA CH CD IL IG PF OS
Cannabis Distribution - - - - - - - - - - - C C - - 16.80.195 Cannabis Business Types
Cannabis
Manufacturer - - - - - - - - - - - C C - - 16.80.195 Cannabis Business Types
Cannabis
Microbusiness - - - - - - - - - - - C C - - 16.80.195 Cannabis Business Types
Cannabis Testing
Laboratory - - - - P P P - - P P P P - - 16.80.195 Cannabis Business Types
Contractor Shops and
Yards - - - - - - - - - A - P P - -
Food and Beverage Production
Artisan Food and
Beverage - - - - - A A A - P P P P - - 16.80.170 Industrial Uses Food and Beverage
Manufacturing - - - - - - - - - A - P P - - 16.80.170 Industrial Uses Heavy Industrial - - - - - - - - - - - - A - - 16.80.170 Industrial Uses Light Industrial - - - - - - - - - A - P P - - 16.80.170 Industrial Uses Petroleum Storage
and Distribution - - - - - - - - - - - - A - -
Recycling Facility
Collection Facility - - - - - - L L - A L P P L - 16.80.290, Recycling Facilities Recycling
Processing Facility - - - - - - - - - - - - A A - 16.80.290, Recycling Facilities Redemption Center,
Major - - - - - - C C - C C C C C - 16.80.290, Recycling Facilities ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
39 TABLE 2-2: ALLOWABLE LAND USES AND PERMIT REQUIREMENTS "P" = Permitted Use; "L" = Land Development Permit required; "A" = Administrative Use Permit required; "C" = Commission Use Permit required; “E” = Use not allowed, except under special circumstances "-" = Use not allowed Land Use
Classification
Base Zoning Districts
Additional Regulations
RE RL RM RH C
O CN CG CL CA CH CD IL IG PF OS
Redemption Center,
Minor - - - - - - A A - A A A A A - 16.80.290, Recycling Facilities Reverse Vending
Machine - - - - P P P P P P P P P P - 16.80.290, Recycling Facilities Research and
Development - - - - - - A A L P A P P L - 16.80.170 Industrial Uses Salvage and Wrecking - - - - - - - - - - - - A - - 16.80.170 Industrial Uses Sanitary Services - - - - - - - - - - - C A L -
Warehousing and Storage
Indoor Warehousing
and Storage - - - - - - - - - P - P P - -
16.80.200, Mini-storage
Facilities
16.80.390, Industrial
Warehouse Standards
Outdoor - - - - - - - - - A - P P L -
Personal Storage
Facilities (mini-
storage)
- - - - - - A A A A C P P - -
Vehicle Storage - - - - - - - - P A - L L P -
Wholesaling and
Distribution - - - - - - - - - P - P P - - 16.80.390, Industrial Warehouse Standards
Transportation, Communication, and Utility Uses
Airports and Heliports - - - - - - - - - - - - - C -
Broadcasting Studio - - - - P P P P A P P P P P -
Communications facilities
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
40 TABLE 2-2: ALLOWABLE LAND USES AND PERMIT REQUIREMENTS "P" = Permitted Use; "L" = Land Development Permit required; "A" = Administrative Use Permit required; "C" = Commission Use Permit required; “E” = Use not allowed, except under special circumstances "-" = Use not allowed Land Use
Classification
Base Zoning Districts
Additional Regulations
RE RL RM RH C
O CN CG CL CA CH CD IL IG PF OS
Major - - - - A - A A A A A A A A - Chapter 16.44 Wireless Communications Facilities
Minor - E E E P - P P P P P P P P P Chapter 16.44 Wireless Communications Facilities
Light Fleet-based
Services - - - - A - P P P C P P - L -
Marinas - - - - - - C - - - C C - A -
Public Works and
Utilities - - - - - - - - - C - C C L -
Transit stations and
terminals - - - - - - C - - C C C C C -
Truck Parking - - - - - - - - - - - P P P -
Vehicle and freight
terminals - - - - - - - - - - - P P L -
Agriculture and Resource Related Uses
Agricultural Activities &
Facilities P - - - - - - - - - - - P - A
16.80.060, Animal Regulations;
16.80.280, Produce Stands,
Commercial
Cannabis Cultivation - - - - - - - - - - - C C - C 16.80.195 Cannabis Business Types
Community Garden P P P P P P P P P P P P P L P
16.80.130, Community
Gardens; 16.80.285, Produce
Stands, Urban Agriculture
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
41 TABLE 2-2: ALLOWABLE LAND USES AND PERMIT REQUIREMENTS "P" = Permitted Use; "L" = Land Development Permit required; "A" = Administrative Use Permit required; "C" = Commission Use Permit required; “E” = Use not allowed, except under special circumstances "-" = Use not allowed Land Use
Classification
Base Zoning Districts
Additional Regulations
RE RL RM RH C
O CN CG CL CA CH CD IL IG PF OS
Market Gardens/Urban
Farm L A A A P P P P - P P P P - P
16.80.060, Animal Regulations;
16.80.135, Market
Gardens/Urban Farms;
16.80.285, Produce Stands,
Urban Agriculture
Mineral Extraction - - - - - - - - - - - A A A -
Nurseries L - - - C A P P - P P P - - -
Urban Agriculture P P P P P P P P - P P P P - P
16.80.060, Animal Regulations;
16.80.285, Produce Stands,
Urban Agriculture; 16.80.350,
Urban Agriculture
Other Uses
Accessory Uses See Section 16.80.020, Accessory Uses
Alcoholic Beverage
Sales See Section 16.80.040, Alcoholic Beverage Sales
Amusement Devices See Section 16.80.050, Amusement Devices Christmas
Tree/Holiday Sales
Facilities
See Section 16.80.110, Christmas Tree/Holiday Sales Facilities Home Occupations See Section 16.80.160, Home Occupations Live Entertainment See Section 16.80.180, Live Entertainment Outdoor Dining and
Seating See Section 16.80.250, Outdoor Dining and Seating Outdoor Display and
Sales See Section 16.80.260, Outdoor Display and Sales
Problem Uses See Section 16.80.270, Problem Uses
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
42 TABLE 2-2: ALLOWABLE LAND USES AND PERMIT REQUIREMENTS "P" = Permitted Use; "L" = Land Development Permit required; "A" = Administrative Use Permit required; "C" = Commission Use Permit required; “E” = Use not allowed, except under special circumstances "-" = Use not allowed Land Use
Classification
Base Zoning Districts
Additional Regulations
RE RL RM RH C
O CN CG CL CA CH CD IL IG PF OS
Short-term Accessory
Outdoor Sales
See Section 16.80.020.B.3, Short-term Accessory Outdoor Sales—Motorized Mo bile Sales and Services, Non-Motorized Mobile Sales, and Motorized Food Wagons
Specific Limitations:
1. Limited to a maximum of two dwelling units per building.
2. Limited to a maximum of four dwelling units per building.
3. Limited to dealers that sell new vehicles.
4. Only allowed in the Miracle Mile.
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
43 TABLE 2-2 ALLOWABLE LAND USES AND PERMIT REQUIREMENTS
LAND USES PERMIT REQUIREMENT BY ZONING DISTRICT SPECIFIC USE
STANDARDS
RE RL RM RH CO CN CG CD CL CA IL IG PT PF OS
AGRICULTURAL AND RESOURCE-RELATED USES
Agricultural
activities & facilities
P P P A 16.80.060
Cannabis
cultivation
C C C C 16.80.195
Community
gardens
P P P P P P P P P P P P L P 16.80.130
Conservation areas L L L L L L L L L L L L L L
Market
gardens/urban
farms
L A A A P P P P P P P P 16.80.135
Mining A A A A
Urban agriculture P P P P P P P P P P P P 16.80.350
BUSINESS AND PROFESSIONAL USES
RE RL RM RH CO CN CG CD CL CA IL IG PT PF OS
Banks and financial
services
P P P P P P P
Business support
services
P P P P P P P
Offices P A P P P P A P L 16.80.240
INDUSTRY, MANUFACTURING & PROCESSING USES
Electricity
generating
plants/facilities
other than nuclear
C C P P 16.80.170
Electronics,
equipment &
appliance
manufacturing
P P P 16.80.170
Fabric product
manufacturing
P P P P 16.80.170
Food and beverage
product
manufacturing
P P P P 16.80.170
Furniture and
fixtures
manufacturing
P P P 16.80.170
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
44 TABLE 2-2 ALLOWABLE LAND USES AND PERMIT REQUIREMENTS
LAND USES PERMIT REQUIREMENT BY ZONING DISTRICT SPECIFIC USE
STANDARDS
RE RL RM RH CO CN CG CD CL CA IL IG PT PF OS
Handcraft
industries, small-
scale
manufacturing
P P P P 16.80.170
Laundries and dry
cleaning plants
P P P 16.80.170
Manufacturing
Light P P P 16.80.170
Heavy A P 16.80.170
Cannabis
distribution
C C C 16.80.195
Cannabis
manufacturer
(volatile and non-
volatile)
C C C 16.80.195
Cannabis,
microbusiness
C C 16.80.195
Cannabis testing
laboratory*
P P P P P P P 16.80.195
Metal products
fabrication,
machine/welding
shops
P P P 16.80.170
Petroleum storage
and distribution
A P 16.80.170
Printing and
publishing
P L P P P L 16.80.170
Recycling and
waste facilities
Collection facility L L L P P P L 16.80.290
Redemption
centers
Major C C C C C C C 16.80.290
Minor A A A A A A A 16.80.290
Recycling facility A P A 16.80.290
Scrap and
dismantling yards
A P 16.80.170
Transfer stations C P A 16.80.290
Research &
development (R&D)
A L P P P L 16.80.170
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
45 TABLE 2-2 ALLOWABLE LAND USES AND PERMIT REQUIREMENTS
LAND USES PERMIT REQUIREMENT BY ZONING DISTRICT SPECIFIC USE
STANDARDS
RE RL RM RH CO CN CG CD CL CA IL IG PT PF OS
Storage yards P P P L 16.80.170
Warehouses P P P 16.80.170
Wholesaling and
distribution
P P P P 16.80.170
RECREATION, EDUCATION, AND PUBLIC ASSEMBLY USES
Activity centers A A A A A A A A A L A L C
Adult related
establishments
P P P 16.80.030
Auditoriums,
meeting halls, and
theaters
P P P P L L 16.24.080(B)(2)
16.24.090(B)
16.24.110(D)
16.24.180(D)
Bridge clubs and
nongambling board
games
P P P P P L
Card rooms C C C L 16.80.040
16.80.270
Clubs, lodges, and
private meeting
halls
P P P P P L P P A
Commercial
amusement
facilities
A A A A A A
Educational
facilities
Academic
schools—Private
A A A A A A A A
Academic
schools—Public
P P P P P
Colleges and
universities—
Private
C C
Vocational and
technical schools
P P P P P P P
Equipment repair
and maintenance
training
P P A P L
Specialized
education and
training
A A P P P A P P L
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
46 TABLE 2-2 ALLOWABLE LAND USES AND PERMIT REQUIREMENTS
LAND USES PERMIT REQUIREMENT BY ZONING DISTRICT SPECIFIC USE
STANDARDS
RE RL RM RH CO CN CG CD CL CA IL IG PT PF OS
Vehicle repair and
maintenance
training
P A P P P L
Truck and heavy
equipment
education and
training
P P P L
Equestrian facilities C A A L C
Golf
courses/country
clubs
C C C C C A A A P L A
Indoor recreation
facilities
A A A A A P L
Libraries and
museums
C C C P P P P P P P L A
Live entertainment P P P P P 16.80.180
Marinas C C C A A
Outdoor assembly
facilities
A A A L
Outdoor
commercial
recreation facilities
C C C C C A
Parks and
playgrounds
P P P P P P P P P P
Pool halls/billiard
parlors
C C L 16.80.040
16.80.270
Private
entertainment
facilities
C C C C
Private residential
recreation facilities
A A A A 16.80.030
16.80.270
Recreational
vehicle parks
A A A L
Religious facilities A A A A P P P P P P P L 16.80.080 Studios P P P P P L
RESIDENTIAL USES
Accessory dwelling
units (ADUs) and
junior accessory
P P P P P P P P P 16.80.310
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
47 TABLE 2-2 ALLOWABLE LAND USES AND PERMIT REQUIREMENTS
LAND USES PERMIT REQUIREMENT BY ZONING DISTRICT SPECIFIC USE
STANDARDS
RE RL RM RH CO CN CG CD CL CA IL IG PT PF OS
dwelling units
(JADUs)
Caretaker and
employee housing
P P P P P P P L L L L
Dwelling group P P P P L
Duplexes P P P P L 16.24.040
Mobile home parks A A A A A 16.80.210
Multifamily
dwellings
P P P P P P L 16.80.220
Co-living (dwelling
unit facility)
A A A A A 16.80.225
Organizational
houses
A A
Residential care
facilities
Assisted living
facilities
A C P P P P P L 16.80.300
Care homes, 6 or
fewer clients
P P P P P
Family care homes,
7 or more clients
C C C L 16.80.300
Senior care
facilities, 7 or more
clients
A A A A L 16.80.300
Rooming and
boarding houses
A A L
Senior residential
projects
P P P P P P L 16.80.220
Single-family
dwellings
P P P P P L
Townhouses A P P P P P P L
Triplexes P P A L
RETAIL TRADE
Agricultural
chemical sales
A L P 16.36.080
Alcoholic beverage
sales
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
48 TABLE 2-2 ALLOWABLE LAND USES AND PERMIT REQUIREMENTS
LAND USES PERMIT REQUIREMENT BY ZONING DISTRICT SPECIFIC USE
STANDARDS
RE RL RM RH CO CN CG CD CL CA IL IG PT PF OS
Bars and
nightclubs—On-
sale
C C C C 16.80.270
Sale of alcohol—
Off-sale
C C C C C C 16.80.040
With another use—
On-sale
L L L L L L
Artisan shops P P P P P L P
Auto and vehicle
sales—New
L P 16.24.120
16.80.070
16.80.330
Auto and vehicle
sales—Used
L A L 16.24.120
16.80.070
16.80.330
Auto and vehicle
leasing/rental
A L A L 16.80.070
Auto parts sales P P P P A
Building material
stores
A P L P P 16.80.330
Construction, farm
& heavy equipment
sales
A A P P P 16.80.330
Convenience
stores
C C C C 16.80.040
16.80.140
16.80.270
Furniture,
furnishings, and
appliance stores
C P P P P P P 16.80.330
Mobile home sales A P 16.80.330
Nurseries and
garden supply
stores
A C A P P P P P 16.80.330
Outdoor retail sales
and activities
A A A 16.80.260
Pet shops P P P P
Recreational
vehicle & boat
sales—New/used
L A L 16.80.330
Restaurants P P P P P P P 16.80.250
Retail stores A P P P P P P P P 16.80.330
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
49 TABLE 2-2 ALLOWABLE LAND USES AND PERMIT REQUIREMENTS
LAND USES PERMIT REQUIREMENT BY ZONING DISTRICT SPECIFIC USE
STANDARDS
RE RL RM RH CO CN CG CD CL CA IL IG PT PF OS
Secondhand
stores/pawn shops
A A A
Shopping centers
Neighborhood P P 16.80.330
Community P P 16.80.330
Regional P P 16.80.330
Warehouse retail
stores
C C C 16.80.330
SERVICES
Adult day care
facilities
P P P P P A L
Animal services
Kennel and
boarding facilities
A A A A
Pet grooming A A P P P P L
Training facilities A A L L L L L
Veterinary clinics
and animal
hospitals
A A C P P P P P 16.80.370
Auto/vehicle
services
Car washes A A A P A P
Fueling stations A L L L P L P 16.80.320
16.80.340
Inoperable vehicle
storage
L L
Maintenance/minor
repair
A P P P P P P P 16.80.320
Major repair/body
work
P P P P 16.80.340
Parking facilities C C C A A P P P P P P L 16.64.080 Vehicle storage L P P P P P L
Cannabis retailer
storefront
C C C C C C C 16.80.195
Child care facilities
Child care centers C C C C P P P P P P P P 16.80.100 ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
50 TABLE 2-2 ALLOWABLE LAND USES AND PERMIT REQUIREMENTS
LAND USES PERMIT REQUIREMENT BY ZONING DISTRICT SPECIFIC USE
STANDARDS
RE RL RM RH CO CN CG CD CL CA IL IG PT PF OS
Large family child
care homes
P P P P P P P P P 16.80.100
Small family child
care homes
P P P P P P P P P
Equipment rental L P A P P
Funeral facilities
and services
Cemeteries C C C C C C C C C C C
Mortuaries C C C A A A
Funeral homes A A A A A
Health/fitness
facilities
P P P P L
Lodging facilities
Bed and breakfast C C C P P P P A 16.80.090
Extended-stay
facilities
P P P
Hotels and motels P P P P P
Massage
establishment
16.80.190
State certified P P P P P
Non-certified C C A A
Medical services
Ambulance service A P P P L P P L
Clinics and
laboratories
P P P P P L P L
Extended care C C C P P P P L
Health-related P P P P A 16.80.190
Hospitals C C C C
Medical-related
facilities
P P P P P P
Non-storefront
cannabis retail
operator permit
(delivery only)
A A A A A A A 16.80.195
Personal
services—
Restricted
C C A A
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
51 TABLE 2-2 ALLOWABLE LAND USES AND PERMIT REQUIREMENTS
LAND USES PERMIT REQUIREMENT BY ZONING DISTRICT SPECIFIC USE
STANDARDS
RE RL RM RH CO CN CG CD CL CA IL IG PT PF OS
Personal
services—
Unrestricted
P P P P P
Personal storage
facilities (mini-
storage)
A L L P P P 16.80.200
Repair services P P P P P P
Sanitary services C A P L 16.36.080
Social services
facilities
Drug abuse,
alcohol
recovery/treatment
facility
A A A A
Feeding centers C C C A
Emergency
shelters
C C C C P P P 16.80.155
TRANSPORTATION AND COMMUNICATION USES
Broadcasting
studios
P P P P A P P P L
Communications
facilities
Minor E E E P P P P P P P P P P Ch. 16.44
Major A A A A A A P P A Ch. 16.44
Transit stations and
terminals
C C C C P C
Vehicle and freight
terminals
P P P
OTHER USES
Live-work space P P P P P P P
Major impact
facilities
C C C
Motion picture
production
P P P P
Multi-use facilities P P P P P A A P 16.80.230
Public and
semipublic utility
facilities
A A A A A A P P P L P P P L
Public institutions C C C C C C C C C C C L L
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
52 TABLE 2-2 ALLOWABLE LAND USES AND PERMIT REQUIREMENTS
LAND USES PERMIT REQUIREMENT BY ZONING DISTRICT SPECIFIC USE
STANDARDS
RE RL RM RH CO CN CG CD CL CA IL IG PT PF OS
Signs—Off-
premises
E E E E E E E 16.76.110
Key: P = Use permitted, L = Land development permit requi red, A = Administrative use permit required, C = Commission use permit required, E = Use not allowed, except under special circumstances, Empty box = Use not allowed
Notes:
See Section 16.20.020 for an explanation of t he table and each land use permit requirement.
A use permit shall be required of any new commercial, in dustrial, institutional, or accessory use, or major addition that involves the manufacture, storage, handling, or processing of hazardous materials in compliance with Section 16.36.080 (Hazardous materials).
See Division 8 for definitions of the listed land uses.
Home occupations require a home occupation permit (Chapter 16.132). * Cannabis laboratories are not allowed to vertically integrate. This use is a stand-alone cannabis business and cannot be combined with any other cannabis business type.
Chapter 16.24 Zoning District Development Standards
16.24.010 Purpose of chapter.
This chapter provides regulations for development and new land uses in the zoning districts established by Section 16.16.020 (Zoning districts established). (Prior code § 16-230.010)
16.24.020 General zoning distri ct development standards.
Subdivisions, new land uses and structures, and changes and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Table 2-3, in addition to all other applic able requirements of this chapterof this chapter, and the standards of Division 3 (Site Planning and General Development Standards) , and all other applicable standards of this Code. (Prior code § 16-230.020)
16.24.030 RE (residential, estate) zoning district standardsResidential Districts Development Standards.
Table 2-3: Development Standards – Residential Districts, prescribes the development standards for Residential Districts. Section numbers in the Additional Regulations column refer to other ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
53 sections of this Code. There are no zone specific standards for the RE (residential, estate) zoning district. (Prior code § 16-230.030)
TABLE 2-3: DEVELOPMENT STANDARDS – RESIDENTIAL DISTRICTS District RE RL RM RH Additional
Regulations Outside
Downtown
Greater
Downtown
Downtown
Core
Minimum Lot Size
Area (square feet unless
stated)
1 acre 4,000 4,000 n/a n/a n/a
Width (ft) 150 45 n/a n/a n/a n/a
Maximum Density Maximum Density does not apply to lots less than 6,500 square feet in size in the RE, RL, or RM Districts
Either gross or
net calculation
may be used to
determine
allowable and
required density.
See also
Chapter 16.52,
Infill
Development
Standards, and
Chapter 16.40,
Affordable
Housing
Incentives /
Density Bonus
Provisions
Dwelling units per net acre 1.0 8.7 17.4 30 90 136
Dwelling units per gross acre 0.9 6.1 13.1 24 72 108.8 Minimum Density Minimum Density does not apply to lots less than 6,500 square feet in size in the RE, RL, or RM Districts
Dwelling units per net acre n/a n/a 8.8 17.5 20 20
Dwelling units per gross acre n/a n/a 6.2 13.2 16 16
Maximum Floor Area Ratio
(FAR), applicable only to
nonresidential floor area
n/a n/a 0.3 0.3 3.0 5.0
Maximum Height (ft) 35 35 35 45 n/a n/a 16.36.090,
Height
Measurement
and Height
Limitations
Minimum Setbacks (ft)
Front 15, 20
for front
entry
garages
15, 20
for front
entry
garages
15, 20
for front
entry
garages
10 10 10 16.36.110,
Setback
Regulations and
Exceptions
Street Side 10, 20
for
garages
10, 20
for
garages
10, 20
for
garages
10 10 10
Interior Side 10 5 5 5 10 10
Rear 30 10 10 10 10 10
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
54 16.24.040 RL (residential, low dens ity) zoning district standards.
The following standards shall apply to land uses and development within the RL (residential, low density) zoning district:
A. Duplexes. Duplexes located in the RL (residential, low density) zoning district shall comply with the provisions of this section and all other applicable provisions of this Development Code.
1. Open space. A minimum of 150 square feet of private open space is required per duplex unit, beyond the minimum required front-yard, rear-year, and side-yard setbacks.
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.
16.24.050 RM (residential, medium de nsity) zoning district standards.
The front yard setback requirement for garages in the RM (residential, medium density) zoning district shall be a minimum of 20 feet, regardless of the setback of the primary structure, except for side-entry garages which shall be a minimum of 15 feet in compliance with Section
16.36.110(D) (Allowed projections into setbacks). (Ord. 023-07 C.S. § 7; prior code § 16-230.050)
16.24.060 RH (residential, high densit y) zoning district standards.
There are no zone specific standards for the RH (residential, high density) zoning district. (Prior code § 16-230.060)
TABLE 2-3: DEVELOPMENT STANDARDS – RESIDENTIAL DISTRICTS District RE RL RM RH Additional
Regulations Outside
Downtown
Greater
Downtown
Downtown
Core
Maximum Lot Coverage (% of
lot)
25 70 70 80 100 100 16.36.120, Site
Coverage
Calculation and
Exceptions
Minimum Residential Open
Space (sq ft/dwelling unit)
n/a n/a 140, of
which 40
must be
private
140, of
which 40
must be
private
75, may
be
common
or private
50, may
be
common
or private
16.36.170,
Residential Open
Space
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
55 16.24.070 CO (commercial, office) zoning district standardsCommercial Districts Development Standards.
Table 2-4: Development Standards – Commercial Districts, prescribes the development standards for Commercial Districts. Section numbers in the Additional Regulations column refer to other sections of this Code.A height exception from the 45-foot height limit may be granted by the Commission, with a Commission use permit in compliance with Chapter 16.168 (Use Permits), not to exceed 60 feet in height, if it can be substantiated that the proposed project will at least:
TABLE 2-4: DEVELOPMENT STANDARDS – COMMERCIAL DISTRICTS District CO CN CG CL CA CH CD Additional
Regulations
Maximum Density Either gross
or net
calculation
may be used
to determine
allowable and
required
density.
See also
Chapter
16.52, Infill
Development
Standards,
and Chapter
16.40,
Affordable
Housing
Incentives /
Density
Bonus
Provisions
Dwelling units per net
acre
Downtown Core: 136
Greater Downtown: 90
Other Areas: 30
Dwelling units per
gross acre
Downtown Core: 108.8
Greater Downtown: 72
Other Areas: 24
Minimum Density
Dwelling units per net
acre
Downtown Core: 20
Greater Downtown: 20
Other Areas: 17.5
Dwelling units per
gross acre
Downtown Core: 16
Greater Downtown: 16
Other Areas: 13.2
Maximum Floor Area
Ratio (FAR), applicable
only to nonresidential
floor area
Downtown Core: 5.0
Greater Downtown: 3.0
Other Areas: 0.3
Maximum Height (ft) 45, up to 60
with
Commission
Use Permit
approval
45 75 75 75 75 n/a 16.36.090,
Height
Measurement
and Height
Limitations
Minimum Setbacks (ft)
Front 10 0 10 10 10 10 0 16.36.110,
Setback
Regulations
and
Exceptions
Street Side 10 0 10 10 10 10 0
Interior Side 0, 10 adjacent to Residential Zone
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
56 A. Not have any adverse market or economic impact on the downtown revitalization efforts considering:
1. The number and percentage of local residents employed with the project; and
2. The market and economic impact on downtown.
B. Establish that, as a result of modifications to the proposed project or other separate contributions in exchange for the height exception, the project will not be detrimental to the Central Stockton Plan policies for revitalization.
C. The performance and success of the Central Stockton Plan, based on monitoring, indicates that a height exception would not be detrimental to the revitalization efforts, considering:
1. Current market demand and vacancy rates; and
2. The height limitations in relationship to the timing and limiting internal competition based on the implementation of objectives in the Central Stockton Plan be monitored.
D. Will be economically advantageous to the entire City. (Prior code § 16-230.070)
16.24.080 CN (commercial, neighborhood) zoning district standards.
Proposed development and new land uses within the CN (Commercial, Neighborhood) zoning district shall comply with the provisions of this section and all other applicable provisions of this Development Code.
A. Project Plan. A project plan shall be required for the designation of a CN zoning district.
All future development of the CN zoning district shall be in compliance with that project plan.
1. Contents. The project plan shall, at a minimum, include the following:
a. Location, size, and configuration of any structures, including buildings, signs, waste compactors and enclosures, walls/fencing, etc.; TABLE 2-4: DEVELOPMENT STANDARDS – COMMERCIAL DISTRICTS District CO CN CG CL CA CH CD Additional
Regulations
Rear 0, 10 adjacent to Residential Zone
Minimum Residential
Open Space (sq
ft/dwelling unit)
Downtown Core: 50, may be common or private
Greater Downtown: 75, may be common or private
Other Areas: 140, of which 40 must be private
16.36.170,
Residential
Open Space
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
57 b. Circulation and parking plans and loading areas or docks; c. The location of bike racks; and
d. Any landscaping, courtyards, outdoor seating areas, and other active and passive open spaces.
2. Changes to Project Plan.
a. Any changes to the approved project plan shall be in compliance with Chapter 16.104 (Changes to an Approved Project).
b. Subsequent changes to approved uses within the project plan shall not require modification to the project plan unless the proposed use modifies the physical layout of the site.
c. The replacement of existing buildings shall not require a new or revised project plan if the new building:
i. Has the same footprint, total square footage, and height of the original building; and
ii. The proposed use does not independently require a discretionary land use permit from the City.
3. Separate Permits. Land uses that are identified as requiring a land use development permit in Table 2-2 (Allowable Land Uses and Permit Requirements) shall obtain a separate permit for that land use. This does not require an amendment to the project plan.
B. Development Standards. Proposed development and new land uses within the CN zoning district shall comply with the zoning district development standards in Section 16.24.020 (General zoning district development standards), Table 2-3 (Zoning District Development Standards), all applicable provisions of Division 3 (Site Planning and General Development Standards), and the following requirements:
1. Indoor Use Requirement and Exceptions. Proposed development of new land uses within the CN (commercial, neighborhood) zoning district shall be conducted entirely within an enclosed structure except that:
a. Storage and sales areas may be located outside if screened from the visible rights-of-way and are in compliance with the requirements for outdoor display and sales (Section 16.80.260).
b. Outdoor dining shall be allowed in compliance with Section 16.80.250 (Outdoor dining and seating areas).
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
58 c. Convenience stores shall be allowed in compliance with Section 16.80.140 (Convenience stores).
2. Motion Picture Theaters—Limitation on Use. Motion picture theaters located in the CN zoning district shall contain no more than five (5) viewing screens or 499 total seats, including new construction, expansion, conversion, or renovation of a theater of more than five (5) viewing screens or 500 or more total seats or any other structure existing on the same or adjoining parcels or within 1,000 feet of another theater.
3. Drive-In and Drive-Through Facilities. Drive-in and drive-through facilities, including those that are part of a bank, pharmacy, restaurant, etc., shall not be allowed in the CN zoning district.
4. Convenience Stores. All convenience stores shall:
a. Be limited in size to a maximum floor area of 2,500 square feet, not including the fueling station component;
b. Be located at the intersection of two (2) arterial streets with a minimum frontage of 150 feet on at least one (1) arterial street; and c. Set all structures adjacent to a street, back a distance of 10 feet from the property lines.
5. Fences. Fences, hedges, and walls may be provided in compliance with Chapter
16.48, except that chain link fencing and barbed wire/razor wire fencing shall not be allowed.
6. Parking. Parking requirements shall be in compliance with Chapter 16.64 (Off- Street Parking and Loading Standards):
a. All parking shall be located behind the primary structure and screened from adjacent property and the street by a six (6) foot high masonry wall. No parking shall be allowed in front of the building.
b. A reduction in parking may be granted by the Director or Planning Commission in compliance with Section 16.64.050(B) (Reduction or waiver of parking requirements), 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.
c. Parking may be provided off-site in compliance with Section
16.64.080(B)(4) (Development standards for off-street parking—Location).
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
59 7. Access. Access shall be in compliance with the access requirements in Section
16.36.030 (Access—General) and subject to the standards for urban driveways.
8. Service Areas. Service areas (e.g., loading docks, trash areas, shopping cart storage, and similar uses) shall not encroach into the required setback between the commercial use and any residential or noise-sensitive use. a. Loading and unloading areas shall be oriented away from street side elevations whenever possible and shall be screened from public view in compliance with Section 16.36.100 (Screening and buffering); b. Loading and unloading activities and other similar activities that may cause noise shall be in compliance with Chapter16.60 (Noise Standards); c. Trash enclosures shall be in compliance with Section 16.36.130 (Solid waste/recyclable materials storage); and
d. Any shopping carts shall be located so as to not interfere with fire lanes or pedestrian, vehicle, or other circulation.
9. Bicycle Racks. Provisions for bicycle racks shall be included.
10. Signs. A comprehensive sign program shall be provided in compliance with Section 16.76.050 (Comprehensive sign program).
11. Compatibility. Designed to be compatible with existing and neighboring land uses.
The development shall cause minimal impacts on existing access, light, noise, traffic, vibration, etc., if any.
C. Restrictions. The following uses shall be allowed, subject to the requirements of Table 2- 2 (Allowable Land Uses and Permit Requirements) and the following restrictions:
1. Offices. All offices shall be limited in size to a maximum of 5,000 square feet.
2. Retail Uses. All allowed retail uses shall be limited in size to a maximum of 10,000 square feet.
3. Restaurants. All restaurants, coffee shops, coffee houses, or cafes shall be limited in size to a maximum of 10,000 square feet, including outdoor dining and seating areas.
4. Other Nonresidential Uses. All other nonresi dential uses shall be limited in size to 5,000 square feet, except bed and breakfast inns, child care facilities, live-work spaces, and multi-use facilities.
D. Modification of Requirements. The Review Authority may grant exceptions to any of the above requirements after considering the general intent of this section and the particular ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
60 circumstances of the proposed development. (Ord. 011-08 C.S. §§ 3, 4; Ord. 023-07 C.S. § 8; prior code § 16-230.080)
16.24.090 CG (commercial, general) zoning district standards.
The following standards shall apply to land uses and development within the CG (Commercial, General) zoning district:
A. Indoor Use Requirement and Exceptions. Proposed development and new land uses within the CG (commercial, general) zoning district shall be conducted entirely within an enclosed structure, except that:
1. Storage and sales areas may be located outside if screened from the visible rights- of-way and/or are in compliance with the requirements for outdoor display and sales (Section 16.80.260).
2. Outdoor dining shall be allowed in compliance with Section 16.80.250 (Outdoor dining and seating areas).
B. Motion Picture Theaters—Limitation on Use. Motion picture theaters located in the CG zoning district shall contain no more than five (5) viewing screens or 499 total seats, including new construction, expansion, conversion, or renovation of a theater of more than five (5) viewing screens or 500 or more total seats or any other structure existing on the same or adjoining parcels or within 1,000 feet of another theater.
16.24.100 CD (commercial, downtown ) zoning district standards.
The following standard shall apply to land uses and development within the CD (commercial, downtown) zoning district:
A. Multifamily Land Uses. Multifamily land uses in the CD zoning district shall not be subject to the site plan and open space requirements for multifamily development (Section
16.80.220(A) through (H)). The requirements for a landscape maintenance plan and management plan/agreement shall still apply (Section 16.80.220(I)).
B. Commercial Land Uses. Commercial land uses in the CD zoning district shall not be subject to the requirements for shopping centers and large-scale commercial retail uses (Section 16.80.330).
16.24.110 CL (commercial, large-scal e) zoning district standards.
The following standards shall apply to land uses and development within the CL (commercial, large-scale) zoning district:
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
61 A. Minimum Site Area. The CL zoning district s hall only be applied to a site with a minimum area of 25 acres. If an existing developed site in the CL zoning district is less than 25 acres, the structures may be added to, enlarged, extended, reconstructed, relocated, or structurally altered in compliance with Section 16.228.040(D)(3) (Provisions for nonconforming uses, structures, and parcels—Substandard parcels or zoning district areas).
B. Use Permit Requirement. A project plan in compliance with Section 16.80.330(C) (Shopping centers and large-scale commercial retail uses—Shopping center project plans) showing the entire proposed development for the project site shall be submitted for approval as part of a Commission use permit in compliance with Chapter 16.168 (Use Permit) for the original project. All development on the project site shall be in compliance with the project plan.
C. Indoor Use Requirements and Exceptions. Proposed development and new land uses within the CL (commercial, large-scale) zoning district shall be conducted within enclosed structures, except for:
1. Automotive service stations (fueling stations), parking lots, and outdoor advertising signs;
2. Storage and sales areas if screened from the visible rights-of-way and/or are in compliance with the requirements for outdoor display and sales (Section
16.80.260);
3. Outdoor dining in compliance with Section 16.80.260 (Outdoor dining and seating areas);
4. Promotional activities in compliance with the use permit and subsection E of this section; and
5. Mobile vendors and kiosks as defined in Division 8 (Glossary).
D. Motion Picture Theaters—Limitation on Use. Motion picture theaters located in the CL zoning district shall contain no more than five (5) viewing screens or 499 total seats, including new construction, expansion, conversion, or renovation of a theater of more than five (5) viewing screens or 500 or more total seats or any other structure existing on the same or adjoining parcels or within 1,000 feet of another theater.
E. Warehouse Retail Stores—Limitation on Use. Warehouse retail stores located in the CL zoning district that devote 10 percent or more of the total sales floor area to the sale of nontaxable merchandise shall contain no more than 100,000 square feet of gross floor area, except for stores charging membership dues or otherwise restricting merchandise sales to customers paying a periodic access fee.
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
62 F. Shopping Center Promotional Activity. Outdoor promotional activities, including carnivals, fairs, festivals, flea markets, food events, fund-raisers, haunted houses, outdoor entertainment/sporting events, public relations activities, vehicle/motorcycle/recreational vehicle shows, rummage sales, secondhand sales, and other similar events designed to attract large crowds may be held by shopping centers in compliance with the following:
1. The total length of the promotional activity (from setting up to taking down any promotional structures) shall be no more than 96 hours;
2. The location of the promotional activity is:
a. At least 300 feet from any residentially zoned property; and b. Consistent with the use permit for the shopping center;
3. Does not create objectionable dust, noise, odors, smoke, vibrations, or similar actions beyond the level of ordinary neighborhood retail establishments and the requirements of Chapter 16.32 (General Performance Standards); and
4. The Chief of Police is notified at least 21 days before the promotional activity. (Ord. 018-07 C.S. § 4; prior code § 16-230.110)
G. Multifamily Land Uses. Multifamily residential land uses in the CL zoning district shall not be subject to the development standards for multifamily development (Section
16.80.220(A) through (H)). The requirements for a landscape maintenance plan and management plan/agreement shall still apply (Section 16.80.220(I)). Additional requirements include:
1. Residential units are not permitted on the first or ground floor.
2. Limited residential use of the first or ground floor of such buildings may be permitted when limited to the functions of entrance lobby/elevator/stair access, leasing or management office or residential amenity spaces such as health/fitness, meeting/activity room or storage. However, in no case shall more than fifteen (15%) percent of the ground floor be devoted to these ancillary residential uses (not counting parking areas).
3. Residential and commercial land uses shall have separate entrances.
4. For new construction, terracing and articulation providing additional setbacks are required to create relief to the overall massing of building facades. Such design features of building façade articulation are required at least every sixty (60) feet on average along the primary building facades facing streets or the building frontage where the building fronts its primary parki ng lot area. For any building over two stories in height and over 200 feet in length, there shall be a thirty-five (35) foot break on at least the first floor, the design of which shall be a component of the architectural review process required for a conditional use permit. For any new ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
63 building over two stories in height, a significant portion of the top floor shall be terraced and stepped back from the exterior face of the next lower floor by an average of at least five (5) feet. Parking structures are exempt from the terracing requirement.
5. Any above grade parking garages or decks constructed within this district shall be at least one hundred (100) feet away from any property used for single family or zoned for low density residential.
16.24.120 CA (commercial, auto) zoning district standards.
Proposed development and new land uses within the CA (Commercial, Auto) zoning district shall comply with the provisions of this section and all other applicable provisions of this Development Code.
A. Purpose. At least 51 percent of all land uses approved within the CA zoning district in compliance with Section 16.20.020 (Allowable land uses and permit requirements) shall be directly related to the sale, lease, or rental of new and/or used automobiles and other vehicles, boats, and recreational vehicles or other motor vehicle related uses.
B. Permit Requirements. Each use of land that is identified as allowable in the CA zoning district by Section 16.20.020 (Allowable land uses and permit requirements), shall obtain the land use permit required by Table 2-2.
C. Minimum Area for Zoning District. The CA zoning district shall only be applied to a site with a minimum area of three (3) acres.
D. Development Standards. Proposed development and new land uses within the CA zoning district shall comply with the zoning district development standards in Section 16.24.020 (General zoning district development standards), Table 2-3, all applicable provisions of Division 3 (Site Planning and General Development Standards), and the following requirements.
1. Permanent Structures Required. A site-constructed structure of at least 7,500 square feet shall be provided for offices, repair facilities, and retail sales of new and used autos, other vehicles, recreational vehicles, boats, and new parts.
Fueling stations may meet this requirement by including the square footage of the canopy area covering the fuel islands. No pre-manufactured structures, including commercial coaches or trailers, shall be allowed.
2. Enclosure Required. All auto repair or servicing activities shall be conducted entirely within an enclosed structure.
3. Outdoor Storage. The outdoor storage or display of any materials other than vehicles for sale shall be prohibited.
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
64 4. Noise. In addition to the requirements of Chapter 16.60 (Noise Standards), amplification systems, repair or servicing noise shall not create a nuisance for adjacent residential zoning districts.
5. Setbacks. Setback requirements shall apply to all public and private streets, including landscaping requirements in compliance with Chapter 16.56 (Landscaping Standards).
E. Accessory Food Service Facilities. Accessory food service facilities in conjunction with an allowed primary auto-related use, not to exceed 1,500 square feet, may be allowed subject to a Commission use permit in compliance with Chapter 16.172 (Use Permits). (Ord. 2012- 04-10-1601 C.S. § 1; prior code § 16-230.120)
16.24.130 IL (industrial, limited) zoning district standardsIndustrial Districts Development Standards.
Table 2-5: Development Standards – Industrial Districts, prescribes the development standards for Industrial Districts. Section numbers in the Additional Regulations column refer to other sections of this Code.The following standards shall apply to land uses and development within the IL (industrial, limited) zoning district:
A. Enclosed Use Requirements and Exceptions. Proposed development and new land uses within the IL (industrial, limited) zoning district shall be conducted entirely within an enclosed structure except for those cases in which another type of roofed enclosure is approved by the Director or Commission for use at a particular location, subject to the following:
TABLE 2-5: DEVELOPMENT STANDARDS – INDUSTRIAL DISTRICTS District IL IG Additional Regulations
Maximum Floor Area Ratio (FAR) 0.6 0.6
Maximum Height (ft) 60 n/a 16.36.090, Height Measurement and Height Limitations
Minimum Setbacks (ft)
Front 10 10 16.36.110, Setback Regulations and
Exceptions; and 16.80.390, Industrial and
Warehouse Standards Street Side 10 10
Interior Side 0, 10 adjacent to
Residential Zone
0, 10 adjacent to
Residential Zone
Rear 0, 10 adjacent to
Residential Zone
0, 10 adjacent to
Residential Zone
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
65 1. Exceptions. The following exceptions may be located outside of the enclosed structure:
a. Loading and unloading docks;
b. Driveways;
c. Parking areas for vehicles; and
d. Storage in compliance with subsection B of this section.
2. Prohibition. Outside manufacturing, fabrication, processing, assembling, or repair is prohibited.
B. Standards. Proposed development and new land uses within the IL (industrial, limited) zoning district shall comply with the following standards:
1. Applicable general performance standards and general development and land use standards (Chapters 16.32 and 16.36);
2. Screening standards for allowed outdoor uses and facilities, as follows:
a. Open storage of goods or materials incidental to the primary activity shall be screened from any adjacent public street by a solid, decorative, masonry wall, or landscaped berm and wall, the design and height to be approved by the Director;
b. Loading and unloading areas and ground-mounted equipment, including utility vaults, air conditioners, fuel containers, etc., that are visible from any adjacent public streets shall be screened by a solid, decorative masonry wall or landscaped berm and wall that has a minimum height of eight (8) feet above the adjacent street grade; and
c. Trash enclosures in compliance with Section 16.36.130 (Solid waste/recyclable materials storage);
3. A circulation system that is designed to minimize pedestrian/vehicle conflicts; and
4. Service areas (e.g., loading docks, trash areas, and similar uses) adjacent to residential zoning districts:
a. Shall not encroach into the required setback area between the industrial use and a residential zoning district/noise-sensitive use; b. Shall comply with the noise standards in compliance with Chapter 16.60 (Noise Standards);
5. No barbed or concertina wire shall be visible from any adjacent public street, in compliance with Chapter 16.48 (Fences, Hedges, and Walls); and ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
66 C. Industrial Uses on Two (2) or More Acres. Industrial land uses located on two (2) or more acres shall be subject to the requirements of Section 16.80.170 (Industrial uses on two (2) or more acres). (Ord. 023-07 C.S. § 9; prior code § 16-230.130)
16.24.140 IG (industrial, general) zoning district standards.
The following standards shall apply to land uses and development within the IG (industrial, general) zoning district:
A. Light Manufacturing Land Uses. Light manufac turing land uses, as defined in Division 8 (Glossary), shall comply with the permitting requirements for the IG (industrial, general) zoning district in Table 2-2 (Allowable Land Uses and Permit Requirements) and the following standards:
1. Enclosed Use Requirements and Exceptions. Proposed development and new land uses within the IG (industrial, general) zoning district shall be conducted entirely within an enclosed structure except for those cases in which another type of roofed enclosure is approved by the Review Authority for use at a particular location, subject to the following:
a. Exceptions. The following exceptions may be located outside of the enclosed structure:
i. Loading and unloading docks;
ii. Driveways;
iii. Parking areas for vehicles; and
iv. Storage in compliance with subsection B of this section. b. Prohibition. Outside manufacturing, fabrication, processing, assembling, or repair is prohibited.
2. Standards. Proposed development and new land uses within the IG (industrial, general) zoning district shall comply with the following standards:
a. Applicable general performance standards and general development and land use standards (Chapters 16.32 and 16.36);
b. Screening standards for allowed outdoor uses and facilities, as follows:
i. Open storage of goods or materials incidental to the primary activity shall be screened from any adjacent public street by a solid, decorative, masonry wall, or landscaped berm and wall, the design and height to be approved by the Director;
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
67 ii. Loading and unloading areas and ground-mounted equipment, including utility vaults, air conditioners, fuel containers. etc., that are visible from any adjacent public streets shall be screened by a solid, decorative masonry wall or landscaped berm and wall that has a minimum height of eight feet above the adjacent street grade; and iii. Trash enclosures in compliance with Section 16.36.130 (Solid waste/recyclable materials storage);
c. A circulation system that is designed to minimize pedestrian/vehicle conflicts;
d. Service areas (e.g., loading docks, trash areas, and similar uses) adjacent to residential zoning districts:
i. Shall not encroach into the required setback area between the industrial use and a residential zoning district/noise-sensitive use; ii. Shall comply with the noise standards in compliance with Chapter
16.60 (Noise Standards); and
e. No barbed or concertina wire shall be visible from any adjacent public street, in compliance with Chapter 16.48 (Fences, Hedges, and Walls).
3. Industrial Uses on Two (2) or More Acres. Industrial land uses located on two (2) or more acres shall be subject to the requirements of Section 16.80.170 (Industrial uses on two (2) or more acres).
B. Heavy Manufacturing Land Uses. Heavy manufacturing land uses, as defined in Division 8 (Glossary), shall be subject to an administration use permit in compliance with Chapter
16.168 (Use Permit) and the following standards:
1. Enclosed Use Requirements and Exceptions. The converting of raw materials into a product and the assembly, fabrication, and conversion of already processed raw materials into products shall be conducted wholly within an enclosed structure, except for:
a. Where another type of roofed enclosure is approved by the Review Authority for use at a particular location.
b. The nature of the activity is such that it requires all or a portion of the manufacturing process to be conducted outdoors as determined by the Review Authority.
c. Incidental uses which may be located outside:
i. Loading and unloading docks;
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
68 ii. Driveways;
iii. Parking areas for vehicles; and
iv. Storage in compliance with subsection B of this section.
2. Standards. Proposed development and new land uses within the IG (industrial, general) zoning district shall comply with the following standards:
a. Applicable general performance standards and general development and land use standards (Chapters 16.32 and 16.36);
b. Screening standards for allowed outdoor uses and facilities, as follows:
i. Open storage of goods or materi als shall be screened by a solid, decorative wall, or fence or landscaped berm and wall or fence, the design and height to be approved by the Review Authority; and ii. Trash enclosures in compliance with Section 16.36.130 (Solid waste/recyclable materials storage);
c. A circulation system that is designed to minimize pedestrian/vehicle conflicts;
d. Service areas (e.g., loading docks, trash areas, and similar uses) adjacent to residential zoning districts:
i. Shall not encroach into the required setback area between the industrial use and a residential zoning district/noise-sensitive use; and
ii. Shall comply with the noise standards in compliance with Chapter
16.60 (Noise Standards); and
e. No barbed or concertina wire shall be visible from any adjacent public street, in compliance with Chapter 16.48 (Fences, Hedges, and Walls).
3. Industrial Uses on Two (2) or More Acres. Industrial land uses located on two (2) or more acres shall be subject to the requirements of Section 16.80.170 (Industrial uses on two (2) or more acres).
C. Other Land Uses. Other land uses shall be in compliance with Table 2-2 (Allowable Land Uses and Permit Requirements) and any applicable standards in Division 3 (Site Planning and General Development Regulations. (Ord. 023-07 C.S. § 10; prior code § 16-230.140) ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
69 16.24.150 PT (port) zoning district standards.
The uses of land allowed within the PT (port) zoning district shall be in compliance with the Rough and Ready Island Development Plan for the Port of Stockton, California (development plan) within the area specified in the plan. Any land zoned PT outside of the plan area shall be in compliance with this Development Code. The development plan and amendments to the development plan shall be consistent with the City of Stockton General Plan as determined by the Director, subject to appeal to the Commission in compliance with Chapter 16.100 (Appeals).
The number of off-street parking spaces required in the PT (port) zoning district for industrial land under the control of the Stockton Port District, including refining, processing, recycling, terminalling, warehousing, wholesaling, distributing, shipping, receiving, cross-docking, or transloading operations, shall be:
A. A minimum of three (3) parking spaces for every four (4) employees and a maximum of one (1) off-street parking space for each employee computed on the basis of the maximum number of employees which can be employed on the largest shift at any one (1) time; and B. One space for each company vehicle. (Ord. 015-09 C.S., eff. 12-3-09; prior code § 16- 230.150)
16.24.160 PF (public facilities) zoning district standardsPublic and Semi Public Districts Development Standards.
Table 2-6: Development Standards – Public and Semi Public Districts, prescribes the development standards for Public and Semi Public Districts. Section numbers in the Additional Regulations column refer to other sections of this Code.Motion picture theaters located in the PF (public facilities) zoning district shall contain no more than five (5) viewing screens or 499 total seats, including new construction, expansion, conversion, or renovation of a theater of more than five (5) viewing screens or 500 or more total seats or any other structure existing on the same or adjoining parcels or within 1,000 feet of another theater. (Prior code § 16-230.160) TABLE 2-6: DEVELOPMENT STANDARDS – PUBLIC AND SEMI PUBLIC DISTRICTS District PF OS Additional Regulations
Maximum Floor Area Ratio (FAR) Downtown
Core: 5.0
Other Areas:
0.5 0.01
Maximum Height (ft) 75 35 16.36.090, Height Measurement and Height Limitations
Minimum Setbacks (ft)
Front 10 20
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
70 16.24.170 OS (open space) z oning district standards.
There are no zone specific standards for the OS (open space) zoning district. (Prior code § 16- 230.170)
16.24.180 MX (mixed use) z oning district standards.
Proposed development and new land uses within the MX (mixed use) zoning district shall comply with the provisions of this section, and all other applicable provisions of this Development Code.
A. Minimum Area for Zoning District. The MX zoning district shall only be applied to a site with a minimum area of 100 acres, unless the Council, upon the recommendation of the Commission, determines that implementation of a master development plan on a smaller site would be beneficial to the proposed project and the City, based on the following criteria:
1. The site is appropriate for the type and intensity of the proposed project;
2. Services and infrastructure for the site will be sufficient to accommodate the type and intensity of the proposed development;
3. The proposed project would be compatible with, and not adversely impact, the surrounding neighborhood(s), including impacts from traffic, noise, light and glare, parking, and signs; and
4. The proposed project would provide needed services, jobs, development, and/or amenities for the area in which the site is located.
B. Master Development Plan Required. A master development plan pursuant to Chapter
16.140 (Master Development Plans) is required for each MX zoning district to identify specific allowable land uses and development regulations.
TABLE 2-6: DEVELOPMENT STANDARDS – PUBLIC AND SEMI PUBLIC DISTRICTS District PF OS Additional Regulations
Street Side 10 20 16.36.110, Setback Regulations and
Exceptions Interior Side 0, 10 adjacent
to Residential
Zone
20 Rear 0, 10 adjacent
to Residential
Zone
20 ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
71 B.C. Allowable Land Uses and Permit Requirements. The uses of land that may be allowed within the MX zoning district, and land use permit requirements for each allowable use shall be determined on a case-by-case basis through the approval of a master development plan applicable to the specific site , in compliance with Chapter 16.140 (Master Development Plans).
C.D. Development Standards. Proposed development and new land uses within the MX zoning district shall comply with the development standards identified for the specific site in the applicable master development plan , in compliance with Chapter 16.140 (Master Development Plans) and the following:
1. Mixed use developments shall be designed to be compatible with existing and neighboring land uses. The development shall not cause substantial impacts on existing access, light, noise, traffic, vibration, etc., if any.
2. Mixed use developments shall be designed with efficient land use and circulation patterns, and shall include infrastructure improvements and attractive site amenities compatible with the surrounding community.
3. Mixed use developments shall include a sign program in compliance with Section
16.76.050 (Comprehensive sign program).
4. Pole signs and freeway-oriented signs for a mixed use development shall not exceed the maximum height, area, and number for freeway-oriented signs in Section 16.76.100(E)(2)(a) (Freeway-oriented signs—CG, CD, CL, IL, IG, and PT zoning districts).
D. Motion Picture Theaters—Limitation on Use. Motion picture theaters located in the MX zoning district shall contain no more than five (5) viewing screens or 499 total seats, including new construction, expansion, conversion, or renovation of a theater of more than five (5) viewing screens or 500 or more total seats or any other structure existing on the same or adjoining parcels or within 1,000 feet of another theater. (Prior code § 16- 230.180)
16.24.190 UC (university/college) zoning district standards.
Proposed development and new land uses within the UC (university/college) zoning district shall comply with the provisions of this section, and all other applicable provisions of this Development Code.
A. Minimum Area for Zoning District. The UC zoning district shall only be applied to a site with a minimum area of 100 acres, unless the Council, upon the recommendation of the Commission, determines that implementation of a master development plan on a smaller site would be beneficial to the university or college, based on the following criteria:
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
72 1. The site is appropriate for a university or college and its ancillary land uses;
2. Services and infrastructure for the site will be sufficient to accommodate the university or college and its ancillary land uses;
3. The university or college would be compatible with, and not adversely impact, the surrounding neighborhood(s), including impacts from traffic, noise, light and glare, parking, and signs; and
4. The proposed project would provide the City with needed educational facilities.
A. Master Development Plan Required. A master development plan pursuant to Chapter
16.140 (Master Development Plans) is required for each UC zoning district to identify specific allowable land uses and development regulations.
B. Allowable Land Uses and Permit Requirements. The uses of land that may be allowed within the UC zoning district, and land use permit requirements for each allowable use shall be determined through the approval of a master development plan applicable to the specific site, in compliance with Chapter 16.140 (Master Development Plans).
C. Development Standards. Proposed development and new land uses within the UC zoning district shall comply with the development standards identified for the specific site in the applicable master development plan, in compliance with Chapter 16.140 (Master Development Plans) and the following:
1. Universities and colleges shall be designed to be compatible with existing and neighboring land uses. The development shall not cause substantial impacts on existing access, light, noise, traffic, vibration, etc., if any; and
2. Universities and colleges shall be designed with efficient land use and circulation patterns, and shall include infrastructure improvements and attractive site amenities compatible with the surrounding community.
3. Pole signs and freeway-oriented signs for a university or college shall not exceed the maximum height, area, and number for freeway-oriented signs in Section
16.76.100(E)(2)(b) (Freeway-oriented signs—CG, CD, CL, IL, IG, and PT zoning districts). (Prior code § 16-230.190)
16.24.200 Table 2-3 Zoning District Development Standards.
TABLE 2-3.A ZONING DISTRICT DEVELOPMENT STANDARDS
RE RL RM RH CO CN CG CD CL CA IL IG PT PF OS MX,
UC
Development
Feature (See
Division 8 for
REQUIREMENT BY ZONING DISTRICT
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
73 TABLE 2-3.A ZONING DISTRICT DEVELOPMENT STANDARDS
RE RL RM RH CO CN CG CD CL CA IL IG PT PF OS MX,
UC
definition of
each)
Minimum lot
size
Minimum area and width for new parcels. For a minimum specific zoning district area size requirement, see Section 16.16.020 (Zoning districts established) Per
master
devel-
opment
plan
Area 1 ac 5,000
sf
7,500 sf 7,500 sf No
minimum
5 acres
Width 150 ft 50 ft No
minimum
Density Number of dwellings permitted in a residential subdivision or in a multifamily residential project on an acre (net) of land.
Dwelling units
per net acre
(minimum -
maximum)
For allowable densities see Table 2-3.B
Setbacks Minimum setbacks required. See Division 8 for definitions. See Section 16.36.110 for setback measurement, allowed projections into setbacks, and exceptions.
Front 30 ft 20 ft 15 ft 15 ft 10 ft None* 10 ft None 10 ft 20 ft
Side(s) 10 ft 5 ft 5 ft None
required,
except
when
adjacent
to a
residential
zone,
structures
shall be
set back a
distance
of 10 feet
or as
required
by
Division 3
for
specific
land uses.
In the CA
zone,
structures
shall be
set back
from a
residential
zone
20 ft
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
74 TABLE 2-3.A ZONING DISTRICT DEVELOPMENT STANDARDS
RE RL RM RH CO CN CG CD CL CA IL IG PT PF OS MX,
UC
equal to
their
height.
Sides, street 10 ft 10 ft 10 ft None* 10 ft None 10 ft 20 ft Rear 30 ft 10 ft 10 ft None
required,
except
when
adjacent
to a
residential
zone,
structures
shall be
set back a
distance
of 10 feet
or as
required
by
Division 3
for
specific
land uses.
In the CA
zone,
structures
shall be
set back
from a
residential
zone
equal to
their
height.
20 ft
Site coverage Maximum percentage of site area that may be covered by structures. See Division 8 for definitions.
See Section 16.36.120 for exceptions.
Maximum
coverage
25% 50% 60% 100% 60% 100% 50% 60% 50% 1%
Height limit Maximum height for primary structures. See Section 16.36.090 for height measurement and exceptions.
Maximum
height
35 ft 35 ft 45 ft 35 ft 45 ft No
limit
75 ft 45 ft 60 ft No
limit
75 ft
35 ft
Landscaping See Chapter 16.56 (Landscaping Standards)
Parking and
loading
See Chapter 16.64 (Off-Street Parking and Loading Standards) Signs See Chapter 16.76 (Sign Standards)
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
75 TABLE 2-3.A ZONING DISTRICT DEVELOPMENT STANDARDS
RE RL RM RH CO CN CG CD CL CA IL IG PT PF OS MX,
UC
* If adjacent to residential zoning districts, the setback shall be none if the structure in the CN zoning district is at least 20 feet from the residential zoning district, otherwise the setback shall be 10 feet.
TABLE 2-3.B ZONING DISTRICT DENSITY AND FLOOR AREA RATIO Zone Density Floor Area Ratio (FAR)
RE Max. 1 dwelling unit per acre NA
RL 8.7 dwelling units per net acre and 6.1 gross
acre
NA
RM Allowable density shall be 8.8 to 17.4 dwelling
units per net acre and 6.2 to 13.1 dwelling units
per gross acre.
The maximum floor area ratio (FAR) for
neighborhood-serving retail uses is 0.3.
RH Outside the Greater Downtown area—17.5 to
30 dwelling units per net acre and 13.2 to 24
dwelling units per gross acre.
Outside the Greater Downtown area - The
maximum floor area ratio (FAR) is 0.3.
Inside the Greater Downtown area may be 20
to 90 dwelling units per net acre and 16 to 72
dwelling units per gross acre.
Inside the Greater Downtown area - The
maximum floor area ratio (FAR) is 3.0.
Inside the Downtown Core—up to 20 to 136
dwelling units per net acre and 16 to 108.8
dwelling units per gross acre.
Inside the Downtown Core - The maximum
floor area ratio (FAR) is 5.0.
CO, CN, CG, and CD Outside the Greater Downtown area—17.5 to 30 dwelling units per net acre and 13.2 to 24
dwelling units per gross acre.
Outside the Greater Downtown area - The
maximum floor area ratio (FAR) is 0.3.
Inside the Greater Downtown area may be 20
to 90 dwelling units per net acre and 16 to 72
dwelling units per gross acre.
Inside the Greater Downtown area - The
maximum floor area ratio (FAR) is 3.0.
Inside the Downtown Core—up to 20 to 136
dwelling units per net acre and 16 to 108.8
dwelling units per gross acre.
Inside the Downtown Core - The maximum
floor area ratio (FAR) is 5.0.
PF - The maximum FAR is 0.2.
OS - The maximum FAR is 0.01.
UC - The maximum FAR is 0.5 outside the
Downtown and 5.0 inside the Greater
Downtown area.
CL, CA, IL, IG, PT,
MX, Overlay
- -
(Ord. 2020-12-01-1502 C.S. § 4; Ord. 2020-06-09-1501 C.S. § 5; Ord. 023-07 C.S. § 11; prior code Table 2-3)
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
76 Division 3. Site Planning and General Development
Regulations
Chapter 16.32 General Performance Standards
16.32.060 Graffiti.
Graffiti as defined in Section 8.24.020 of the Municipal Code, is prohibited and shall be removed in compliance with Chapter 8.24 of the Municipal Code. and the following:
A. Removal. All graffiti shall be removed within 48 hours after notification by the City in compliance with Chapter 8.24 of the Municipal Code. The City shall have the right to remove any graffiti not removed within 48 hours of notification in compliance with Section
8.24.060 of the Municipal Code.
B. Requirements. To facilitate graffiti abatement in multifamily projects, nonresidential projects, and on back-up walls, paint, graffiti-resistant coatings, or graffiti-limiting landscaping shall be required as follows:
1. Paint or Coatings. Walls shall be painted with two (2) coats of flat, exterior, water- based, 100 percent acrylic paints with low volatile organic compounds (VOC) 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. The applicant shall provide a supply of compatible graffiti-removal material to the City in compliance with Sections 8.24.170 and 8.24.180 of the Municipal Code;
a. Back-up walls maintained through the Stockton Consolidated Landscape Maintenance Assessment District shall be painted with two (2) 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. A supply of the paint shall be provided to the City in compliance with Sections
8.24.170 and 8.24.180 of the Municipal Code. 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. The applicant shall provide a supply of compatible graffiti- removal material to the City in compliance with Sections 8.24.170 and
8.24.180 of the Municipal Code; and
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
77 b. Back-up walls maintained through a private maintenance association shall be constructed in compliance with the City’s design review guidelines.
Owners associations shall be responsible for abatement of all graffiti in accordance with all applicable sections of this Municipal Code.
2. Graffiti-Limiting Landscaping. In addition to required paint or coatings, where space permits, the property in front of the wall shall be landscaped with vegetation that will cover at least 80 percent of the fence/wall within three (3) years. Applicant shall provide a statement on the construction drawings confirming that they have met this requirement. (Ord. 015-09 C.S., eff. 12-3-09; Ord. 001-08 C.S. § 2; Ord. 023-07 C.S. § 15; prior code § 16-305.055)
16.32.070 Light and glare.
Light or glare from mechanical or chemical processes or from reflective materials used or stored on a site shall be shielded or modified to preven t emission of light or glare beyond the property line, or upward into the sky.
A. Exterior lights shall be located so as to eliminate spillover illumination or glare onto adjoining properties and to prohibit any interference with the normal operation or enjoyment of adjacent property.
B. Exterior lights shall be made up of a light source, reflector, and shielding devices so that, acting together, the light beam is controlled and not directed across a property line or upward into the sky. Bare bulbs shall not be allowed.
C. Lighting fixtures used to illuminate an outdoor advertising display shall be mounted on the top of the advertising structure and be directed downward.
D. Exterior light fixtures existing and legally installed prior to the effective date of the ordinance codified in this Development Code ar e exempt from the requirements of this section. When existing luminaries are reconstructed or replaced, the reconstruction or replacement shall comply with this section.
E. Lights used for holiday decorations are exempt from the requirements of this section.
F. Portable temporary lighting used by law enforcement or emergency services personnel to protect life or property, are exempt from the requirements of this section.
FIGURE 3-1 GLARE MITIGATION
(Prior code § 16-305.060)
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
78 Chapter 16.36 General Development and Use Standards
16.36.010 Purpose.
The purpose of this chapter is to prescribe development standards that apply, except where specifically stated otherwise, to development in all zoning districts to ensure that all development produces an environment of stable and desirable character that is harmonious with existing and future development, and protects the use and enjoyment of neighboring properties, consistent with the General Plan. (Prior code § 16-310.010)
16.36.020 Applicability.
A. The standards of this chapter apply to all zoning districts, and therefore, are combined in this chapter. These standards shall be considered in combination with the standards for each zoning district in Division 2 (Zoning Districts, Allowable Land Uses, and Zone- Specific Standards), and Chapter 16.80 (Standards for Specific Land Uses). Where there may be a conflict, the standards specific to the zoning district or specific land use shall override these general standards.
B. All structures, additions to structures, and uses shall conform to the standards of this chapter as determined applicable by the Director, except as identified in Chapter 16.228 (Nonconforming Uses, Structures, and Parcels). (Prior code § 16-310.020)
16.36.030 Access—General.
The following are general access requirements appl icable to all land uses. More specific requirements for access are in Section 16.72.100 (Access, circulation, streets).
A. Access to Streets. Every structure shall be constructed upon or moved to a legally recorded parcel with a permanent means of access to a public street or road, a private street or road, or an alley where permitted. The street, road, or alley shall conform to City standards. All structures shall be located to provide access for servicing, fire protection, and required off-street parking. Parcels located on a private street or road that were legally established before the effective date of this Development Code, are exempt from the required compliance with the latest adopted City standards for private streets or roads.
B. Access to Structures. Accessory structures and architectural features shall not obstruct access to primary structures or accessory living quarters. Also refer to Section 16.80.020 (Accessory uses and structures).
C. Driveways. Driveways providing site access shall be from an improved street, alley, or other public and/or private right-of-way, and shall be designed, constructed, and ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout) 79 maintained in compliance with the City’s Standard Specifications and Plans and Section
16.64.090(A) (Front and street side setback areas), and the following:
1. General.
a.
The nearest edge of a driveway apron or curb return shall be at least five (5) feet from the neare
st property line, centerline of a fire hydrant, utility pole, light
standard, or other similar facility.
b. The requirements of this section do not apply to freeways or controlled access high
ways and streets where access is limited by deed restrictio ns.
The deed re
strictions shall be reviewed for location and allowable width of opening.
c. Driveways located within five (5) feet of the existing curb return at an alley intersectio
n may be merged with the alley intersection pavement, requiring the removal of the curb return.
d. All driveways abutting roll curbs shall be subject to the provisions of these regulations.
All commercial driveways abutting roll curbs shall be installed and maintained under an encroachment permit.
e. The entrance and exit of vehicles to and from property served by a driveway shall be
confined to the established driveway.
f. Driveways lacking standard curbs and gutters shall be subject to the requirements of Section 16.36.030(C)(4)(b) (Lack of standard curb). g.
Pipes or under walk drains of size and at gra de required by the City Engineer sh
all be installed to maintain drainage.
2. Residential.
a.
Number of Driveways. Residential sites shall be allowed the following number of driveways, except as otherwise approved by the City Engineer:
i. Single-Family Unit Dwellings. One (1) driveway. No access shall be
permitted on collector or arterial streets unless no other frontage exists. Drive
ways on collector or arterial streets shall be subject to approval by the City Engineer.
ii. Duplex/Triplex ProjectsMulti-Unit Development with Two or Three Units. One (1) driveway per local str eet frontage. No access shall be permitted on collector or arterial streets unless no other frontage exists. Drive
ways on collector or arterial streets shall be subject to approval by the City Engineer.
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
80 iii. Planned Development , Townhouses, and Multifamily Projects and Multi-Unit Development with Four or More Units . Planned Developments, townhouses, and multifamily projects multi-unit development with four or more units shall be allowed the following number of driveways:
(1) Arterial/Collectors. For projects on streets identified as arterials or collectors:
(a) Less than Two (2) Acres. One (1) driveway shall be
allowed.
(b) Two (2) or More Acres. Two (2) driveways shall be
allowed.
(2) Other. For projects on other types of streets, one (1) driveway shall be allowed per street frontage.
b. Driveway Spacing. Driveways shall be separated along the street frontage (driveways on the same or adjoining parcels) as follows or as otherwise approved by the City Engineer:
i. Single- FamilyUnit, Duplex, Triplex Residential Development.
Driveways shall be separated by at least six (6) feet, unless a shared, single driveway is approved by the Director. The six (6) foot separation does not include the transition or wing sections on the side of the driveway.
ii. Planned Developments , Townhouses, Multifamily Development and Multi-Unit Development with Four or More Units. Where two (2) or more driveways serve the same or adjacent multi-unit development with four or more units townhouse or multifamily development or adjacent nonresidential development, the driveways shall be separated by a minimum of 50 feet.
c. Distance from Street Intersections. Driveways to parking areas shall be located as follows:
i. Single- FamilyUnit, Duplex, Triplex Development. Driveways on local streets shall be located a minimum of 30 feet from the curb return of the nearest intersecting street to the nearest edge of the driveway throat. No access shall be permitted on collector or arterial streets unless no other frontage exists. Driveways on collector and arterial streets shall be subject to approval by the City Engineer.
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
81 ii. Planned Developments and Multi-Unit Development with Four or More Units, Townhouses, Multifamily Development . Driveways shall be located as follows:
(1) Urban. Driveways within urban areas shall be located as follows, except as otherwise approved by the City Engineer:
(a) 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.
(b) 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 and left turns are allowed, the distance shall be a minimum of 275 feet.
(2) Suburban. Driveways within suburban areas shall be
located as follows:
(a) Unsignalized Intersection. 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.
(b) Signalized Intersections. Driveways shall be located a minimum of 300 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 and left turns are allowed, the distance shall be a minimum of 400 feet.
d. Width. The width of a residential driveway shall be measured along the street side property line. Except for the special approval of the City Engineer, the maximum width of a residential driveway shall not exceed 26 feet.
e. Standards. Driveways for single- familyunit dwellings shall comply with the requirements of Section 16.64.090(A) (Parking in residential zoning districts—Front and street side setback areas).
3. Nonresidential.
a. Number of Driveways. Nonresidential sites on arterial or collector streets shall be allowed the following number of driveways:
ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
82 i. Urban. The number of driveways shall be as follows, except as otherwise approved by the City Engineer:
(1) Site of Two (2) or More Acres and/or Integrated Center, with at Least 150 Feet of Frontage per Street.
(a) One (1) driveway per street frontage; and
(b) One (1) additional driveway per street frontage if that frontage exceeds 400 feet in length. If the site is
located on a collector street and the frontage does
not exceed 400 feet in length, one additional
common/shared driveway may be allowed, subject
to the recordation of reciprocal access easements.
ii. Suburban. The number of driveways shall be as follows:
(1) Site of Less Than Two (2) Acres/Not an Integrated Center.
One (1) driveway shall be allowed per street frontage; and (2) Site of Two (2) or More Acres and/or Integrated Center, with at Least 400 Feet of Frontage per Street.
(a) One (1) driveway per street frontage; and
(b) One (1) additional driveway per street frontage if that frontage exceeds 800 feet in length. If the site is
located on a collector street and the frontage does
not exceed 800 feet in length, one additional
common/shared driveway may be allowed subject to
the recordation of reciprocal access easements.
b. Distance from Street Intersections. Nonresidential driveways to parking areas shall be located as follows:
i. Downtown. The location of driveways shall be as approved by the City Engineer.
ii. Urban (Including Special Purpose Zones and Overlay Districts).
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 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:
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 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 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 inte rsection 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 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 preserva tion (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 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)
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 a ny historical , cultural, or archaeological resource or human remains may be impacted by a ny 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 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 activiti es 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;
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;
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.
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 standar ds 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 s pecific 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 (Off- Street 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);
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 CE QA 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).
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.
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)
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 ma sts, 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
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
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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 phot ometric 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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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 ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
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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.
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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 dist rict 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
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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 ground- mounted 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, sight- obscuring 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.
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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 regulat ions 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-of- way 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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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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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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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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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
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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 ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
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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 m easurements 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;
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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/recyclab le 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
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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 ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
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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.
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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, self- latching 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 directi onal 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.
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.
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 sc reening 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.
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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) multi- unit 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 Si ngle 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
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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.
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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.
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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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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.
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.
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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 RO WHOUSES, 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.
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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.
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 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 NONRESI DENTIAL 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.
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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/REQU IRED 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 moderate- income 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.
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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.
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and concessions or incentives meeting all t he 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 Tier- 1 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 Tier- 2 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 incenti ves, 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.
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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 pr oposal 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.
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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 Applicati ons 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., developm ent 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 occupanc y 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;
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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 relie f, 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) ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
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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 gro unds, 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 Fen ces 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 l east 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, ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
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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 ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
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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 non- electrified 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.
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16.48.050 Exceptions to hei ght 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 ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
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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 betwee n 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 ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
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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 non- electrified 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).
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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 non- electrified 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 successors- in-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 Agreem ent. 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.
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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 shal l 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 us e 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 non- habitable space is allowed. Any new habitable space or floors shall comply with height limits of the underlying zoning district, unless waived by the Director.
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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 park ing 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 t heir 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 freeway- oriented 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 ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
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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, recrea tional 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 off- street 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 provi ded 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 ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
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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 ov er 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 ov er 5,000 sq. ft. – 1/250 Laundries and dry cleaning plants 1/1,000 Offices ov er 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 (mini-
storage)
——— 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 mini mum 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 lo ading 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 ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
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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 provi de off-street loading spaces in compliance ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
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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.
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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, off- street parking or landscaping requir ed 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 ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
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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 sh all 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 sh all 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 s ubdivisions 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 r equirements 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.
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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 m onuments 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 uti lities 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-in- interest 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, includi ng 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, ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
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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—DETACHE D 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, Non- Motorized 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-of- way 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. Temporar y 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:
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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.
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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 chicke ns/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 Zone- Specific 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.
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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.
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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, tr ansportation, 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 anti- loitering 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 ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
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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 per mit 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.
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g. Electrical Service. Electrical serv ices 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 pe rmitted 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 ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
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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 one- half (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-of- way 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 resi dents. 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 multi- unit 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.
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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 pr ovisions 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.
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.
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.
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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.
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. 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 (Off- Street 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 single- room occupancy units, where each bedr oom 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 ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
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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 (A DUs) 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.
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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.
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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, tT he 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 ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
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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 ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
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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 in terior 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.
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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 s hall 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.
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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 sc reening 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.
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. (Prior code § 16-365.340)
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 ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
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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 ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
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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 permi t, 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) ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
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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 moderate- income 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’ ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
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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.
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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) ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
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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.
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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 right- of-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.
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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, in cluding 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 housing- related 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, tr ansitional 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.
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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) ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
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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 Sect ion 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 r equests 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 ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
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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 r easonable accommodation.
To make specific housing available to an indi vidual 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
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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) ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
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Chapter 16.220 Cultural Resources
16.220.105 Demolition or relocat ion 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 preser vation 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.
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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.
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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 sp ecialized 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, gi ft shops, and food service establishments within hospitals; convenience stores and food service estab lishments 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 multi- purpose 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 re lating 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, audito rium, 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.
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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—Medical- related 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 anatomic al 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:
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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, commi ttees, 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.
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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.
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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 wi th 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 ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
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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.
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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.
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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: establis hments 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
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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 A- License 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 ATTACHMENT B – Proposed Title 16 Amendments (Redline/Strikeout)
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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 pr oducts either directly or indirectly or by extraction methods, or independently by means of c hemical 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.
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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.
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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 single- family 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 single- family 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.