The purpose of this chapter is 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)
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.
(Prior code § 16-310.020)
The following are general access requirements applicable 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 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 feet from the nearest 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 highways and streets where access is limited by deed restrictions.
The deed restrictions shall be reviewed for location and allowable
width of opening.
c.
Driveways located within five feet of the existing curb return at
an alley intersection 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 grade required by the City
Engineer shall 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 Dwellings. One driveway. No access shall
be permitted on collector or arterial streets unless no other frontage
exists. Driveways on collector or arterial streets shall be subject
to approval by the City Engineer.
ii.
Duplex/Triplex Projects. One driveway per local street
frontage. No access shall be permitted on collector or arterial streets
unless no other frontage exists. Driveways on collector or arterial
streets shall be subject to approval by the City Engineer.
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-Family, Duplex, Triplex Residential Development. Driveways shall be separated by at least six feet, unless a shared,
single driveway is approved by the Director. The six foot separation
does not include the transition or wing sections on the side of the
driveway.
ii.
Planned Developments, Townhouses, Multifamily Development. Where two or more driveways serve the same or adjacent 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-Family, 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.
ii.
Planned Developments, Townhouses, Multifamily Development. Driveways shall be located as follows:
(A)
Urban. Driveways within urban areas shall be located
as follows, except as otherwise approved by the City Engineer:
(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 and left turns are allowed,
the distance shall be a minimum of 275 feet.
(B)
Suburban. Driveways within suburban areas shall
be located as follows:
(1)
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.
(2)
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-family 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:
i.
Urban. The number of driveways shall be as follows,
except as otherwise approved by the City Engineer:
(A)
Site of Two or More Acres and/or Integrated Center, with
at Least 150 Feet of Frontage per Street.
(1)
One driveway per street frontage; and
(2)
One 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:
(A)
Site of Less Than Two Acres/Not an Integrated Center. One driveway shall be allowed per street frontage; and
(B)
Site of Two or More Acres and/or Integrated Center, with
at Least 400 Feet of Frontage per Street.
(1)
One driveway per street frontage; and
(2)
One 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:
(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.
iii.
Suburban. Driveways to parking areas on arterial
and collector streets shall be located as follows:
(A)
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.
(B)
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
| |
|---|---|
 |
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c.
Driveway Spacing. Driveways shall be separated along
the street frontage so that where two 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.
ii.
If the property abuts more than one 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.
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 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.
(A)
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.
(B)
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.
(C)
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 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:
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.
(Prior code § 16-310.030; Ord. 023-07 C.S. §§ 16, 17; Ord. 015-09 C.S., eff. 12-3-09)
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 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 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.
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.
(Prior code § 16-310.040; Ord. 036-04 C.S. § 2)
If a historical or archaeological resource or human remains
may be impacted by a development project requiring a discretionary
land use permit, the Secretary of the Cultural Heritage Board 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:
A.
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 certificate of appropriateness (Section 16.220.060) if any exterior changes to the resource are proposed.
B.
Archaeological Resources. In the event that archaeological
resources are discovered during any construction, construction activities
shall cease, and the Department shall be notified so that the extent
and location of discovered materials may be recorded by a qualified
archaeologist, and disposition of artifacts may occur in compliance
with State and Federal law.
C.
Human Remains. In the event human remains are discovered during
any construction, construction activities shall cease, and the County
Coroner and Director shall be notified immediately in compliance with
CEQA Guidelines 15064.5 (d). A qualified archaeologist shall be contacted
to evaluate the situation. If the human remains are of Native American
origin, the Coroner shall notify the Native American Heritage Commission
within 24 hours of this identification. The Native American Heritage
Commission will identify the most likely descendent of the Native
American to inspect the site and provide recommendations for the proper
treatment of the remains and associated grave goods.
(Prior code § 16-310.050)
The following standards are in addition to any specific development
standards contained in this Development Code and shall be considered
for all development projects, in compliance with Division 16.152 (Site
Plan Review) which would ensure high quality site plans and architectural
design:
A.
Access and Vehicle Circulation. Site access, parking, loading and drive aisles shall be designed to function in a safe and efficient manner, in compliance with Chapter 16.64 (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);
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)
Development proposals shall be evaluated in compliance with
the California Environmental Quality Act (Public Resources Code Section
21,000 et seq.), National Environmental Quality Act (NEPA), the City
CEQA guidelines, and General Plan environmental policies, including
policies regarding riparian habitat, sensitive biological and botanical
resources; rare, threatened and/or endangered species; traffic; air
quality; mineral resources; historical and archaeological resources;
and geologic hazards.
(Prior code § 16-310.070)
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.
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.
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.
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.
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.
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.
New Development. Structures adjacent to a commercial supply
bulk transfer delivery system with at least six 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 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.
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.
(Prior code § 16-310.080; Ord. 023-07 C.S. § 18; Ord. 015-09 C.S., eff. 12-3-09; Ord. 2022-07-12-1601-02 C.S.
§ 13)
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
2-3 (Zoning District Development Standards). 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.
Exceptions to Height Limits. The Director may approve exceptions
to the height limits of this Development Code:
1.
Roof-Mounted Structures. Roof-mounted structures for the housing of elevators, stairways, tanks, ventilating fans, wind power equipment, chimneys, flag poles, towers, skylights, smokestacks, wireless masts, or similar equipment required to operate and maintain the structure, shall be allowed, up to a maximum of 15 feet above the structure height. The structures shall be screened in compliance with Section 16.36.100(B) (Screening and buffering—Mechanical equipment, loading docks, and refuse areas). The total square footage of all structures above the heights allowed in the zoning districts shall not occupy more than 25 percent of the 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 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 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
additional foot for each one 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 additional foot for each one foot that the height of the structure
exceeds 35 feet.
6.
Flagpoles. Freestanding flagpoles shall be allowed:
(Prior code § 16-310.090; Ord. 023-07 C.S. § 19; Ord. 015-09 C.S., eff. 12-3-09; Ord. 2020-12-01-1502 C.S. § 5)
This section provides standards for the screening and buffering
of adjoining land uses, equipment, and outdoor storage areas, and
surface parking areas. Multifamily and nonresidential land uses shall
comply with the requirements of this section.
A.
Standards.
1.
Screening Between Different Land Uses. A screen consisting of plant material and a solid masonry wall, or other material as approved by the Director, shall be installed along parcel boundaries whenever a commercial or industrial development adjoins a residential zoning district or a multifamily project adjoins single-family homes. The screen shall be a minimum of eight 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 that would be harmful to the neighboring properties or that the project is an infill project in compliance with Chapter 16.52 (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 feet nor more than eight 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.
(Prior code § 16-310-100; Ord. 023-07 C.S. § 20; Ord. 015-09 C.S., eff. 12-3-09)
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.
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 feet in height above finished grade in compliance
with subsection (D)(4)(b) 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 (Distance Requirements—Detached Residential
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;
iii.
One flagpole that does not exceed 15 feet in height and is set
at least five feet from the property line;
iv.
Lampposts adjacent to walkways, stairways, and driveways that do
not exceed six 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) of this section, provided they are at least three 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 foot for each two feet of building
height over 35 feet.
5.
If
50 percent or more of the parcels on one side of a block between two
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 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.
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 feet.
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
|
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:
2.
Attached Side-Entry Garage. Attached garage structures that
are non-habitable 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
feet, but no closer than eight 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 Feet. Retaining walls up to three feet in
height are exempt from setback requirements.
ii.
Three to Six Feet. Retaining walls from three feet up
to six 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 feet in height, or where the exposed side of
the wall faces out from the subject parcel without regard to height,
shall be subject to the same requirements as the main structure in
the applicable zoning district.
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 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.
(Prior code § 16-310.110; Ord. 023-07 C.S. §§ 21—24; Ord. 015-09 C.S., eff. 12-3-09; Ord. 2016-05-24-1605 § V; Ord. 2020-12-01-1502 C.S. § 6; Ord. 2022-07-12-1601-02 C.S. § 14)
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)
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). Projects that are not subject to a building permit and are only providing solid waste/recyclable 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-Family, Duplexes, and Triplexes. Single-family, 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.
Multifamily Projects. Multifamily residential projects with
four 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
cubic feet shall be provided for the storage of refuse and a minimum
of three 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 multifamily 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
MULTIFAMILY 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 minimum storage area requirements.
These requirements apply to each individual structure. Areas are measured
in square feet.
|
TABLE 3-2
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:
2.
Storage
area(s) shall be accessible to residents and employees at all times.
Storage areas within multifamily residential developments shall be
located within 250 feet of an access doorway to the dwellings, which
they are intended to serve;
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 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.
(Prior code § 16-310.130; Ord. 023-07 C.S. §§ 25, 26; Ord. 001-08 C.S. §§ 3,
4)
A.
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:
2.
Exceptions. The requirements for traffic sight areas shall
not apply to:
a.
Public utility poles;
b.
Trees trimmed (to the trunk) to a line at least six feet above the
level of the intersection;
c.
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.
Supporting members of appurtenances to permanent structures existing
on the effective date of the ordinance codified in this Development
Code; and
e.
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
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
|
 FIGURE 3-10 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)
