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."
(Prior code § 16-110.010; Ord. 2025-06-03-1601, 6/3/2025)
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 pattern of land uses;
B.
Implement the uses of land designated by the Stockton General Plan and avoid conflicts 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 development or unduly restricting private enterprise, initiative, or innovation in design; and
(Prior code § 16-110.020)
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 Charter of the City of Stockton; the Planning and Zoning Law (Government Code Section 65000 et seq.); the Subdivision Map Act (Government Code Section 66410 et seq.); and the California Environmental Quality Act (Public Resources Code Section 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 between this Code and the General Plan, the General Plan shall control.
(Prior code § 16-110.030; Ord. 2025-06-03-1601, 6/3/2025)
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, and as established in this Development Code.
(Prior code § 16-110.040; Ord. 2025-06-03-1601, 6/3/2025)
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 apply, 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 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 provides 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 validation is specifically authorized by this Code and is in conformance with all other regulations.
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.
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 the ordinance codified in this Development Code 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 new or amended development standards to the project approval to ensure public 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 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 issued for construction; and
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.
(Prior code § 16-110.050; Ord. 2025-06-03-1601, 6/3/2025)
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, 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.
(Prior code § 16-110.060)