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; Ord. 2022-07-12-1601-02 C.S. § 18)
The provisions of this chapter 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 acres, which consist of:
1. 
One legal lot; or
2. 
Two or more contiguous, commonly-owned legal lots that are not separated by a public street;
B. 
Bounded on at least three sides by existing urban uses or development;
C. 
Served by existing water, sewer, drainage, streets, and schools; and qualified for categorical exemption under the California Environmental Quality Act, Section 15332, CEQA, Class 32.
(Prior code § 16-330.020; Ord. 023-07 C.S. § 37; Ord. 2022-07-12-1601-02 C.S. § 18)
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:
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 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. 
Density Waivers for Small Infill Lots. Maximum density requirements for small infill lots (less than 6,500 square feet) may be waived by the Director under the following circumstances:
i. 
High quality projects located in the Greater Downtown Area or Downtown Core that compliment and contribute to the surrounding neighborhood through sensitive planning and design, where higher density allowances have been accounted for in the General Plan;
ii. 
Affordable housing projects as defined by the U.S. Department of Housing and Urban Development;
iii. 
Adaptive reuse of an existing building designated as a historic resource; and
iv. 
Projects in furtherance of General Plan and Housing Element policies pertaining to acceleration of housing and infill development, as determined by the Director.
c. 
Setback Requirements.
i. 
Primary Structure.
(A) 
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.
(B) 
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:
(1) 
Those of the zoning district in which the project is located;
(2) 
Those of the structures on the opposite side of the street; or
(3) 
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
ii. 
Accessory Structures.
(A) 
Garages/Covered Parking Space. Garages/covered parking spaces shall meet the requirements for accessory structures, except that:
(1) 
Street.
(a) 
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
(b) 
Side-Entry Garages. Side-entry garages shall be set back a minimum of 15 feet from the property line.
(2) 
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.
(B) 
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.
d. 
Site Coverage. Site coverage shall be within the range of the minimum and maximum site coverage on the existing blockface. On blockfaces without existing structures, the site coverage shall not exceed 70 percent of the site.
e. 
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.
f. 
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:
(A) 
To the height of the highest residential structure on the blockface; or
(B) 
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.
g. 
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.
h. 
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 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:
(A) 
The common driveway is at least 20 feet in width; and
(B) 
At least 25 feet is provided for backing out from individual driveways.
2. 
Single-Family Projects. In addition to the above requirements, covenants, conditions, and restrictions (CC&Rs) shall be required for all single-family subdivisions of five or more lots.
3. 
Multifamily Projects. In addition to the above requirements, multifamily projects shall be subject to the following:
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 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. 
Landscaping.
(A) 
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.
(B) 
Plans.
(1) 
A comprehensive landscape and irrigation plan shall be submitted with the site plan for approval by the Director; and
(2) 
If there are common areas, a landscape and maintenance plan shall be provided.
iii. 
Fencing. Any necessary fencing shall be provided in compliance with the use permit for the project.
iv. 
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. 
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).
b. 
Management/Maintenance Agreement. A management/maintenance agreement shall be required for all multifamily 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 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. 
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.
(A) 
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:
(1) 
There is at least 20 feet between that structure and any off-site residential structure; and
(2) 
The location of the building is in compliance with the requirements for traffic sight areas (Section 16.36.140).
(B) 
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:
(A) 
Those of the zoning district in which the project is located; or
(B) 
Those of the structures on the opposite side of the street.
b. 
Accessory Structures. Accessory structures shall be in compliance with Section 16.80.020 (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. 
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 16.80.020 (Accessory uses and structures).
6. 
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 revitalization of the area.
7. 
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. 
Driveways. Nonresidential driveways shall be subject to the standards for urban driveways in compliance with Section 16.36.030(C)(3) (Driveways—Nonresidential).
9. 
Multi-Use Projects. Multi-use projects shall comply with the requirements in Section 16.80.230 (Multi-use projects).
C. 
Adaptive Reuse Projects (Greater Downtown and Downtown Core).
1. 
Intent. The intent of adaptive reuse is to allow conversion of existing structures into new land uses that maintain or enhance the character of a neighborhood or district, extend the life of the building, reduce use of new construction materials, reduce construction waste generated, and provide additional employment or housing opportunities in appropriate and compatible locations.
2. 
Uses. Notwithstanding the nonconforming provisions of Chapter 16.228, an adaptive reuse project may change the use of an existing building to any use permitted by the underlying zoning district.
3. 
Commission Use Permit. Any use that is not ordinarily permitted, or conditionally permitted, within the underlying zoning district, may be requested by submittal of a commission use permit application, pursuant to the purpose, findings and conditions expressed in Chapter 16.168, in addition to the following findings:
a. 
Use of the building is for a purpose other than that for which it was originally designed, and in a manner that would not normally be permitted within the underlying zoning district, and is necessary to enhance the economic viability of retaining the building and its notable characteristics in a manner that ensures the continued maintenance of the building; and
b. 
Any alterations to the building that are necessary to accommodate the adaptive reuse of the building shall be designed and completed in a manner consistent with the Secretary of Interior's Standards for Rehabilitation and shall be subject to any discretionary approvals required pursuant to Title 16 of the Stockton Municipal Code.
4. 
Setbacks. Existing principal structures with non-conforming setbacks may remain. Any additions or façade changes involving greater than 25 continuous linear feet of exterior wall facing a public right-of-way shall comply with zoning setbacks, unless waived by the Director.
5. 
Height. Heights of existing buildings shall be exempt from established height limits. The addition of parapets or roof structures, equipment or other enclosures or 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.
6. 
Existing Parking. The overall number of existing parking spaces on-site shall be maintained, unless a reduction is appropriate per Chapter 16.64. A reduction in 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.
(Prior code § 16-330.030; Ord. 023-07 C.S. §§ 38, 39; Ord. 2022-07-12-1601-02 C.S. § 18)
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)
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 section shall control.
TABLE 3-6
ALLOWABLE LAND USES AND PERMIT REQUIREMENTS FOR INFILL PROJECTS
Land Use
Permit Requirement
Single-family homes on blockfaces in which at least 50 percent of the blockface is occupied by existing single-family homes
P
Single-family homes on blockfaces in which less than 50 percent of the blockface is occupied by existing single-family homes, except that single-family homes shall not be allowed in an industrial zoning district or in an area designated as industrial on the General Plan
A
Retail 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
Multifamily
A
Personal services, unrestricted
A
Banks and financial institutions of less than 5,000 square feet
A
Artisan shops
A
Live-work space
P
Multi-use facilities
A
Studios
A
(Prior code § 16-330.050; Ord. 023-07 C.S. § 40)