ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 16 OF THE STOCKTON MUNICIPAL CODE (SMC) DIVISION 2, CHAPTER 16.20 ALLOWABLE LAND USES AND PERMIT REQUIREMENTS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STOCKTON AS FOLLOWS:
SECTION I: FINDINGS AND INTENT
The City Council is authorized by Section 16.212.030 of the Stockton Municipal Code (SMC) to adopt amendments to Title 16 (Development Code) based on the following Mandatory Findings of Fact for Development Code Amendments.
Finding #1: The proposed amendment ensures and maintains internal consistency with general land uses, objectives, policies, programs, and actions of all elements of the General Plan on balance and would not create any inconsistencies with this Development Code.
Evidence: The proposed amendment is to carry out implementation of the City of Stockton 2023-2031 Housing Element program implementation and comply with State Government Code, section 65583.2, subdivisions (c) and (i) relating to a streamlined review process for development of vacant Regional Housing Needs Assessment (RHNA) opportunity sites identified in prior Housing Element cycles, and ensure consistency with the General Plan.
Finding #2: The proposed amendment will not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the City.
Evidence: The purpose of the proposed amendment is to carry out implementation of the City of Stockton 2023-2031 Housing Element program and comply with State Government Code, section 65583.2, subdivisions (c) and (i) relating to a streamlined review process for development of vacant Regional Housing Needs Assessment (RHNA) opportunity sites identified in prior Housing Element cycles, and ensure consistency with the General Plan. The amendment is within the scope and consistent with the City’s General Plan Environmental Impact Report (EIR) (SCH No. 2017052062). There is no evidence or expectation that these text amendments will endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the City.
Finding #3: The proposed amendment complies with the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines.
Evidence: On December 4, 2018, the City certified the Envision Stockton 2040 General Plan Environmental Impact Report (GPEIR) (SCH No. 2017052062). The GPEIR provides a programmatic review of the potential impacts associated with the implementation of the General Plan. The proposed amendment is to implement the City of Stockton 2023-2031 Housing Element program and comply with State Government Code Section 65583.2, subdivisions (c) and (i) relating to a streamlined review process for development of vacant Regional Housing Needs Assessment (RHNA) opportunity sites identified in prior Housing Element cycles and will not result in intensification beyond what was previously analyzed in the GPEIR. The proposed amendment will not impact the analysis or conclusions of the GPEIR. Additionally, the proposed amendment does not create any specific impacts not considered in the GPEIR, any significant impact not evaluated in GPEIR, any significant off-site or cumulative impacts not evaluated in the GPEIR, or any identified impacts more severe based on new information not known when the GPEIR was certified. Therefore, pursuant to CEQA Guidelines section 15183 the proposed amendment is complaint with the CEQA and the City’s CEQA Guidelines and do not require additional environmental review.
In addition, Section 16.212.030.B.2 of the Stockton Municipal Code (SMC) requires the following Findings of Fact be made for Development Code Amendments.
Finding #4: The proposed amendment would be internally consistent with other applicable provisions of this Development Code.
Evidence: The proposed amendment is to provide a streamlined review process for development of vacant Regional Housing Needs Assessment (RHNA) opportunity sites identified in prior Housing Element cycles and will not create any inconsistency within the Development Code. This amendment will bring the Development Code into compliance with State Government Code, section 65583.2, subdivisions (c) and (i).
SECTION II: AMENDMENT OF CODE
Title 16, Division 2, Chapter 16.20, Section 16.20.020 of the Stockton Municipal Code (SMC) is amended to read, as follows:
16.20.020 Allowable land uses and permit requirements.
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.
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. 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.
Overlay Zoning Districts. Development located in overlay zoning districts shall be in compliance with Chapter 16.28 (Overlay Zoning District Land Use and Development Standards).
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
CO
CN
CG
CL
CA
CH
CD
IL
IG
PF
OS
Residential Uses
Residential Dwelling Unit (5)
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
-
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
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
-
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
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
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
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
-
-
-
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
-
-
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
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
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 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
Short-term Accessory Outdoor Sales
See Section 16.80.020.B.3, Short-term Accessory Outdoor Sales—Motorized Mobile 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.
5. Residential projects located on sites identified as being included in the 4th and 5th cycles and meeting the lower income RHNA, in Table A-1, Sites Inventory, of the 2023-2031 Housing Element or by the Department of General Services Housing and Local Land Development Opportunities Map, providing appropriate densities, and incorporate a minimum of 20 percent of the units in the development as affordable to lower income households shall be allowed by right (non-discretionary) pursuant to Government Code Section 65583.2, subdivisions (c) and (i).
SECTION III: SEVERABILITY
If any of this ordinance or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the act which can be given without the invalid provision or application, and to this end, the provisions of this act are severable.
SECTION IV: EFFECTIVE DATE
This Ordinance shall take effect and be in full force thirty (30) days after its passage.
ADOPTED:
EFFECTIVE:
CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
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ATTACHMENT C