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:
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)