This chapter provides site planning and development standards
for a variety of specified land uses.
(Prior code § 16-365.010)
This section provides standards for accessory uses and structures.
A.
Residential. Provides standards for accessory uses and structures
that are customarily related to a residence (e.g., garages, greenhouses,
storage sheds, studios, above ground swimming pools/spas, and workshops).
1.
Relationship of Accessory Use to the Main Use. Accessory uses
and structures shall be incidental to and not alter the residential
character of the site.
2.
Attached Structures.
a.
An accessory structure that is attached to a main structure shall
be compatible with, and made structurally a part of, the main structure
(e.g., share a common wall with the main structure, rely partially
on the main structure for structural support, or be attached to the
main structure at a minimum of four points within 20 feet).
b.
An attached accessory structure shall comply with the requirements
of this Development Code applicable to the main structure, including
setbacks, heights, and lot coverage.
c.
Construction and the use of materials and colors shall be compatible
with the main structure whenever feasible.
3.
Detached Structures.
a.
Coverage. The floor area of a detached accessory structure
or that portion of the detached accessory structure that is located
within the setback area shall not exceed 50 percent of the required
rear yard (the rear setback area) of the parcel in compliance with
Table 2-3 (Zoning District Development Standards). Accessory structures
shall be included in the calculation for the coverage of the entire
site in compliance with Table 2-3.
b.
Height Limit. Detached accessory structures shall not exceed a height of 15 feet, except detached tool sheds located within a required side yard, and chicken/duck enclosures in compliance with Section 16.80.060, which shall not exceed a height of seven feet from grade. Flagpoles are limited to 15 feet within the setback area in compliance with Section 16.36.090(B)(6) (Flagpoles).
c.
Materials and Color. Detached accessory structures shall
be compatible with the materials and color of the main dwelling(s)
on the property whenever feasible.
d.
Separation Requirements. Detached accessory structures
on a single parcel shall be separated from the main structure and
other structures by five feet or more, as required, except as allowed
by the California Building Standards Code.
e.
Distance Requirements. A detached accessory structure
shall be set back at least the distance from the property line required
in Table 3-13 (Distance Requirements—Detached Residential Accessory
Uses and Structures), except for the following:
i.
Projection of Eaves, Unenclosed Patios, and Other Architectural
Features. Eaves, unenclosed patios, and other architectural
features that do not increase the floor area of the structure; including,
but not limited, to decorative balconies and 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:
ii.
Hot Tubs and Swimming Pools/Spas. The setbacks for hot
tubs and swimming pools/spas shall be measured from the property line
to the inside (water side) wall of the hot tub, swimming pool, or
spa, and the hot tub, swimming pool, or spa shall be subject to the
following:
(A)
Under 30 Inches.
(1)
Above Ground. Above ground hot tubs, pools and
spas less than 30 inches above finish grade are exempt from rear and
side setback requirements.
(2)
In Ground. In ground swimming pools or other recreational
pools may be located in a required side or rear yard, subject to a
three foot setback in compliance with Table 3-13 (Distance Requirements—Detached
Residential Accessory Uses and Structures) and the applicable building
and health codes.
(B)
30 Inches and Over. Hot tubs and swimming pools/spas
that are placed directly upon the finish grade, and which equal or
exceed a height of 30 inches above the surrounding finish grade at
any point, may be located in a required side or rear yard, subject
to a three foot setback in compliance with Table 3-13 (Distance Requirements—
Detached Residential Accessory Uses and Structures) and the applicable
building and health codes.
iii.
Equipment for Hot Tubs, Swimming Pools, and Spas. Equipment for hot tubs, swimming pools, and spas shall be three
feet from the side and rear property lines in compliance with Table
3-13 (Distance Requirements—Detached Residential Accessory Uses
and Structures), except for equipment that is:
iv.
Garages/Carports. Garages, carports, and other portable
vehicle covers or shelters, permanent or temporary, shall be in compliance
with Table 3-13 (Distance Requirements—Detached Residential
Accessory Uses and Structures), except for the front yard setback
of side-entry garages which shall be 15 feet. Garages and carports
in multifamily projects shall not directly face an abutting public
street.
v.
Landscape Ponds/Design Elements. Landscape ponds, including
pumps, and other design elements (arbors, statuary, benches, lights,
etc.) may be located in a required front, side, or rear yard, subject
to the applicable building and health codes.
vi.
Fences, Hedges, and Walls. Fences, hedges, and walls shall be in compliance with Chapter 16.48 (Fences, Hedges, and Walls).
vii.
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.
4.
Accessory Dwelling Units. Accessory dwelling units shall be in conformance with Section 16.80.310 (Accessory dwelling units [ADUs] and junior accessory dwelling units [JADUs]).
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TABLE 3-13
DISTANCE REQUIREMENTS—DETACHED RESIDENTIAL ACCESSORY USES
AND STRUCTURES
| |||
|---|---|---|---|
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*See Section 16.80.020 for exceptions
| |||
|
Residential Uses
| |||
|
Detached Accessory Use/Structure
|
Type
|
Required Distance from Property Line
| |
|
Single-Family, Duplexes, and Triplexes
|
Multifamily
| ||
|
Stationary emergency generators
|
Front
|
Same as main structure
|
Same as main structure
|
|
Side, rear
|
3 feet
|
3 feet
| |
|
Street, side
|
Same as main structure
|
Same as main structure
| |
|
Air conditioning equipment, water softener, water heater except
as provided in Section 16.80.020(A)(3)(e)(i) Same as main structure
|
Front
|
Same as main structure
|
Same as main structure
|
|
Side, rear
|
3 feet
|
3 feet
| |
|
Street, side
|
Same as main structure
|
Same as main structure
| |
|
Garage, carport, portable vehicle covers or shelters, except
as provided in Sections 16.80.020(A)(3)(e)(iv) and 16.36.110(F)
|
Front
|
20 feet
|
20 feet
|
|
Side
|
3 feet
|
Same as main structure
| |
|
Street side
|
20 feet
|
20 feet
| |
|
Rear
|
3 feet; if entrance faces right-of-way—20 feet
|
Same as main structure
| |
|
Alley
|
10 feet from alley
|
10 feet from alley
| |
|
Flagpoles in compliance with Sections 16.36.090(B)(6) and 16.80.020(A)(3)(b)
|
Front
|
5 feet
|
5 feet
|
|
Side
|
3 feet
|
3 feet
| |
|
Street side
|
5 feet
|
5 feet
| |
|
Rear
|
3 feet
|
3 feet
| |
|
Hot tubs, spas, swimming pools, except as provided in Section
16.80.020(A)(3)(e)(ii)
|
Front
|
Same as main structure
|
Same as main structure
|
|
Side
|
3 feet
|
3 feet
| |
|
Street side
|
Same as main structure
|
Same as main structure
| |
|
Rear
|
3 feet
|
3 feet
| |
|
Hot tub, pool and spa equipment, except as provided in Section
16.80.020(A)(3)(e)(iii)
|
Front
|
Same as main structure
|
Same as main structure
|
|
Side, rear
|
3 feet
|
3 feet
| |
|
Street side
|
Same as main structure
|
Same as main structure
| |
|
All other accessory structures, including gazebo, greenhouse,
storage shed, workshop, pool house, patio cover, outdoor play equipment,
recreational court, stationary barbeque, fire pit. Sections 16.80.020(A)(3)(e)(i)
and 16.76.110(F).
|
Front
|
Same as main structure
|
Same as main structure
|
|
Side
|
3 feet
|
Same as main structure
| |
|
Street side
|
Same as main structure
|
Same as main structure
| |
|
Rear
|
3 feet
|
Same as main structure
| |
|
Alley
|
5 feet from alley
|
5 feet from alley
| |
B.
Nonresidential. Provides standards for accessory uses and
structures that may be related to nonresidential uses.
2.
Containerized Storage Units. Containerized storage units,
as defined in Division 8 (Glossary) shall only be allowed as follows:
a.
Standards.
i.
Commercial. Permanent containerized storage units are prohibited. Temporary units may be allowed subject to a temporary activity permit (Chapter 16.164).
ii.
Industrial. Temporary and permanent containerized storage
units shall be allowed in compliance with the requirements of this
Development Code for primary structures, including the following:
iii.
Residential. Containerized storage units shall
be prohibited in residential zoning districts.
b.
Modifications. Any modification or permanent attachment
to the ground shall be subject to the requirements of this Development
Code, the Municipal Code, the California Building Standards Code,
standard plans and specifications, and design review.
3.
Short-term Accessory Outdoor Sales—Motorized Mobile Sales and
Services, Non-Motorized Mobile Sales, and Motorized Food Wagons.
a.
General. All short-term accessory outdoor sales shall
comply with the following:
i.
Be limited to one per parcel and have a floor area that is less than
25 percent of the floor area covered by the primary use;
ii.
Obtain a valid city business license;
iii.
If food or drink is served, comply with the requirements of
the San Joaquin County Environmental Health Department;
iv.
If alcohol is served, comply with the requirements of Title 16 and
Alcohol and Beverage Control;
v.
Be located on pavement per City standards;
vi.
Not utilize, or be located on, parking spaces required for the primary
use;
vii.
Not interfere with access, aisles, circulation, driveways, or
fire lanes and shall not operate in a place where the operation will
create a traffic hazard;
viii.
Temporary outdoor sales located within a public park are subject to a special events permit pursuant to Chapter 12.72.
ix.
Short-term accessory outdoor sales located in the public right-of-way
are subject to Title 5.
b.
Motorized Food Wagons. Motorized food wagons, as defined
in Division 8, shall be allowed as an outdoor accessory use in a commercial
and industrial zoning districts in compliance with the following:
i.
Be limited to one per parcel and have a floor area that is less than
25 percent of the floor area covered by the primary use;
ii.
Be accessory to a primary use excluding auto/vehicle services: inoperable
vehicle storage, auto/vehicle services: parking facilities, auto/vehicle
services: vehicle storage;
c.
Motorized Sales and Services. Motorized sales and services,
as defined in Division 8, shall be allowed as an outdoor accessory
use in a commercial and industrial zoning districts in compliance
with the following:
i.
Be limited to one per parcel and have a floor area that is less than
25 percent of the floor area covered by the primary use;
ii.
Be accessory to a primary use excluding auto/vehicle services: inoperable
vehicle storage, auto/vehicle services: parking facilities, auto/vehicle
services: vehicle storage;
d.
Non-Motorized Mobile Sales. Non-motorized mobile sales,
as defined in Division 8 (Glossary), shall be allowed as an outdoor
accessory use in public facility and commercial zoning districts,
in compliance with the following:
e.
Temporary Non-Mobile Sales. Temporary non-mobile sales,
as defined in Division 8, shall be allowed as an outdoor accessory
use in public facility and commercial zoning districts in compliance
with the following:
i.
Temporary non-mobile sales are limited to occurring no more than eight days per calendar year. For a time period greater than eight days, a temporary activity permit will be required subject to the restrictions of Chapter 16.164.
ii.
Temporary non-mobile sales in public right-of-way shall be subject
to Title 5.
4.
Outdoor Phone Booths. Outdoor phone booths shall only be allowed
in compliance with the Municipal Code.
5.
Retail/Service. Provides standards for accessory uses and
structures allowed in the RH and CO zoning districts. Accessory uses
include any use that is customarily incidental to the main use and
provides an accessory service, including lunchrooms, prescription
pharmacies, and beauty and barber shops, to serve occupants and patrons
of the main use, subject to the following requirements:
a.
Shall be incidental to and not alter the residential or office character
of the site;
b.
All goods or services shall be displayed, dispensed, and stored solely
within the structure;
c.
Shall not exceed 25 percent of the structure area; and
d.
Shall be developed in compliance with the building envelope standards
for the main structure.
C.
Other. Other accessory uses and structures including stationary
outdoor barbeques shall be subject to the following:
1.
The
accessory uses are allowed if:
a.
The accessory use is identified in Table 2-2 (Allowed Land Uses and
Permit Requirements) as an allowed use if it were a primary use; or
b.
The accessory use or structure is:
i.
Incidental to the primary use;
ii.
Has a floor area that is less than 25 percent of the floor area covered
by the primary use;
iii.
Has an overall site area that is less than 10 percent of the
overall site covered by the primary use;
iv.
In the opinion of the Director, would not have a substantial, adverse
effect on adjacent property;
c.
Not located in a required setback area, except as provided for in Section 16.36.120 (Site coverage measurements and exceptions);
d.
For those accessory uses that do not meet the requirements of subsection
(C)(1) of this section, the level of review for the accessory use
shall be the same as the level of review required for the primary
use.
(Prior code § 16-365.020; Ord. 023-07 C.S. §§ 79—82; Ord. 001-08 C.S. §§ 19,
20; Ord. 015-09 C.S., eff. 12-3-09; Ord. 2014-07-29-1601 C.S. § 3; Ord. 2020-06-09-1501 C.S. § 19; Ord. 2020-09-15-1501 § 8; Ord. 2020-12-01-1502 C.S. § 29; Ord. 2022-07-12-1601-02 C.S. § 23)
A.
Purpose. The purpose of this section is to regulate the location
of sexually-related establishments to promote the health, safety,
morals, and general welfare of the citizens of the City and to establish
reasonable and uniform regulations to prevent any deleterious location
and concentration of sexually-related establishments within the City,
thereby reducing or eliminating the adverse secondary effects from
these establishments (e.g., crime, degraded commercial districts,
and residential neighborhoods).
B.
Establishment and Separation of Businesses Regulated. No person,
whether an owner, principal or agent, clerk, or employee either for
himself/herself or any other person, or an officer of a corporation
shall place, maintain, own, or operate any adult-related business/establishment,
as defined in Division 8 (Glossary) in the following locations:
C.
Measurement of Distance. The distance between two adult-related
businesses/establishments shall be measured in a straight line, without
regard to intervening structures, from the closest exterior structural
wall of each business/establishment.
(Prior code § 16-365.030)
A.
Title and Purpose. These provisions shall be known as the
alcoholic beverage sales regulations. The general purposes of these
regulations are to protect and promote the public health, safety,
comfort, convenience, prosperity, and general welfare of the residents
of the City of Stockton by requiring alcoholic beverage sales activities
to comply with the operational standards in this section and to achieve
the following objectives:
1.
Protecting
residential, commercial, industrial, and civic areas from and minimizing
the adverse impacts of alcoholic beverage sales activity;
2.
Providing
opportunities for alcoholic beverage sales establishments to operate
in a mutually beneficial relationship to each other and to other commercial
and civic services;
3.
Providing
mechanisms to address problems associated with the public consumption
of alcoholic beverages such as litter, loitering, graffiti, unruly
behavior, and escalated noise levels;
4.
Ensuring
that alcoholic beverage sales activities are not a source of undue
public nuisance in the community;
5.
Providing
for properly maintained alcoholic beverage sales establishments so
that the negative impacts generated by these activities are not harmful
to the surrounding environment in any way; and
6.
Monitoring
deemed approved activities or establishments to ensure they do not
substantially change in mode or character of operation such that they
pose a nuisance to the surrounding area.
B.
Applicability of Alcoholic Beverage Sales Regulations.
1.
To Which Property Applicable. These regulations shall apply,
to the extent permissible under other laws, to all new, deemed approved,
and by-right alcoholic beverage sale activities or establishments
within the City.
2.
Duplicated Regulation. Whenever any provision of these regulations
or any other provision of law, whether set forth in this code, or
in any other law, ordinance, or resolution of any kind, imposes overlapping
or contradictory regulations, or contain restrictions covering the
same subject matter, the provision that is more restrictive or imposes
higher standards shall control, except as otherwise expressly provided
in these regulations.
C.
Administrative Hearing Officer.
Alcoholic Beverage.
Alcoholic Beverage Sales Activity.
Alcoholic Beverage Sales Establishment.
Bars and Nightclubs (On-Sale)(Land Use).
By-Right Activity or Establishment.
California Department of Alcoholic Beverage Control (ABC).
Commission Use Permit.
Conditions of Approval.
Crime Reporting District.
Deemed Approved Activity or Establishment.
Deemed Approved Status.
Full-Service Restaurant.
Illegal Activity.
Incidental or Secondary Use.
Legal Nonconforming Alcoholic Beverage Sales Activity
or Establishment.
New Alcoholic Beverage Sales Activity or Establishment.
Off-Sale Alcoholic Beverage Establishment.
On-Sale Alcoholic Beverage Establishment.
Problem Use.
Repeated Nuisance.
Sidewalk Café.
Definitions.
Alcohol, distilled spirits, liquor, wine, beer, and any liquid
or solid containing alcohol, distilled spirits, wine, or beer, that
contains 1/2 of 1% or more of alcohol by volume that is fit for beverage
purposes either alone or when diluted, mixed, or combined with other
substances, the sale of which requires an ABC license.
The retail sale of alcoholic beverages for on-site or off-site
consumption, including liquor stores (defined as any retail establishment
having more than 20 percent of its gross floor area devoted to the
sale, storage and/or display of alcohol), convenience stores, markets,
taverns, bars, and restaurants with bars. This does not include restaurants
that serve alcoholic beverages as part of a meal.
An establishment where alcoholic beverage sales activity
occurs, including but not limited to: liquor stores, beer and wine
stores, convenience markets, neighborhood specialty food markets,
retail sales establishments, wine shops, service stations, taverns,
clubs, cocktail lounges, ballrooms, cabarets, dance bars, piano bars,
billiard or game parlors, bowling alleys, nightclubs, dance halls,
cafes, bars, restaurants with bars, full-service restaurants, and
fast food establishments.
Businesses where alcoholic beverages are sold for on-site consumption and which are not part of a larger restaurant. Includes bars, taverns, pubs, cigar bars, and similar establishments where any food service is subordinate to the sale of alcoholic beverages; cabarets and other adult-related establishments that comply with the standards for adult-related establishments (Section 16.80.030); and beer brewing as part of a microbrewery or other beverage tasting facilities. May include entertainment (e.g., live music and/or dancing, comedy, etc.) which shall comply with the standards for live entertainment (Section 16.80.180). Bars and nightclubs shall also comply with the standards for problem uses (16.80.270).
An activity or establishment that is not subject to consideration
and approval of a commission use permit or land development permit
under the Development Code. For purposes of these regulations, by-right
activities or establishments shall be subject to the same operational
standards and violations and penalties as deemed approved activities
or establishments.
The Department empowered by the State of California to act
pursuant to Article 20, Section 22, of the California Constitution
and authorized to administer the provisions of the Alcoholic Beverage
Control Act.
A use permit for an alcoholic beverage sales activity or
establishment issued by the Planning Commission pursuant to the provisions
of the Development Code.
A requirement imposed on permits issued to new alcoholic
beverage sales activities or establishments and legal nonconforming
alcoholic beverage sales activities or establishments to comply with
applicable operational standards.
A geographically designated area used by the Police Department
to track crime statistics in the City of Stockton.
Any previous legal nonconforming alcoholic beverage sales activity or establishment pursuant to Chapter 16.228 that continues its activities after the effective date of the ordinance codified in this section in compliance with all deemed approved standards and provisions.
An activity or establishment as defined in subsection (E)(2).
A place which is regularly and in a bona fide manner used
and kept open for the serving of at least lunch and dinner to guests
for compensation and which has suitable kitchen facilities connected
therewith, containing conveniences for cooking an assortment of foods
which may be required for such meals. The sale or service of sandwiches
(whether prepared in a kitchen or made elsewhere and heated up on
the premises) or snack foods shall not constitute a full-service restaurant.
A "full-service restaurant" shall make actual and substantial sales
of "meals" to guests for compensation. Substantial sales shall mean
that no less than 60 percent of total revenue shall be generated from
food service and no more than 40 percent of revenue from the sales
of alcohol.
An activity that has been determined to be out of compliance
with the alcoholic beverage sales standards.
Revenue from the sale of alcohol that is equal to or less
than 40 percent of the establishment's total gross revenue. Records
of gross receipts shall be provided to the Department upon request.
Alcoholic beverage sales activity or establishment pursuant to Chapter 16.228 for which a valid state of California Alcoholic Beverage Control license had been issued and used in the exercise of the rights and privileges conferred by the license at a time prior to the effective date of the ordinance codified in this section.
An activity or establishment that requires consideration
and approval of a commission use permit or land development permit
under the Development Code.
An establishment that conducts retail sales of alcoholic
beverages for consumption off the premises where sold.
An establishment that conducts retail sales of alcoholic
beverages for consumption on the premises where sold.
A person, thing, or a circumstance that constitutes a repeat
violation of the regulations of this section and/or that interferes
with the use and enjoyment by the general public.
Any restaurant with outdoor dining that serves alcohol on a public sidewalk or public right-of-way as authorized by the Council under Section 9.64.020 (Drinking liquor in public) and Section 16.72.127 (Revocable permit). The applicable permit is obtained in compliance with Table 2-2 (Allowable Land Uses and Permit Requirements).
D.
Standards (New Alcoholic Beverage Sales).
1.
Purpose. The purpose of these standards is to control dangerous
or objectionable environmental effects of alcoholic beverage sales
activities. These standards shall apply to all new alcoholic beverage
sales activities or establishments requiring consideration and approval
of a commission use permit or land development permit under the Development
Code for the purpose of achieving the following objectives:
a.
Protect surrounding neighborhoods from the harmful effects attributable
to the sale of alcoholic beverages and to minimize the adverse impacts
of nonconforming and incompatible uses.
b.
Encourage businesses selling alcoholic beverages to operate in a
manner that is mutually beneficial to other such businesses and other
commercial and civic activities.
c.
Provide a mechanism to address problems often associated with the
public consumption of alcoholic beverages, such as litter, loitering,
graffiti, and noise levels.
d.
Ensure that businesses selling alcoholic beverages are not the source
of undue public nuisances in the community.
e.
Ensure that sites where alcoholic beverages are sold are properly
maintained so that negative impacts generated by these activities
are not harmful to the surrounding environment in any way.
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The provisions of this section are intended to complement the
State of California alcohol-related laws. The City does not intend
to replace or usurp any powers vested in the California Department
of Alcoholic Beverage Control.
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2.
Location Restrictions.
a.
New alcoholic beverage sales activities or establishments shall not
be located within 500 feet of any of the following:
i.
A public or private academic school for students in kindergarten
through 12th grade, nursery school, preschool, or day-care facility.
For the purpose of this section, distances shall be measured between
the closest property lines of the affected locations; and
ii.
A public park, playground, recreational area, or youth facility.
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Each application shall be analyzed by the applicable Review
Authority to ensure that the application is consistent with the purpose
and intent of this provision. The applicable Review Authority has
the discretion to waive these restrictions to promote and support
local economic business growth throughout the City including areas
like the Downtown District, Miracle Mile, and Yosemite Shopping Center.
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b.
The following new alcoholic beverage sales activities or establishments
(on-sale and off-sale) may be exempt from location restrictions:
i.
Establishments containing 10,000 square feet or more with a maximum
of 10 percent of its gross floor area devoted to the sale, display,
and/or storage of alcohol, including, but not limited to, supermarkets
and drug stores, which do not sell alcoholic beverages as their principal
business.
ii.
Full-Service Restaurants. A place which is regularly
and in a bona fide manner used and kept open for the serving of at
least lunch and dinner to guests for compensation and which has suitable
kitchen facilities connected therewith, containing conveniences for
cooking an assortment of foods which may be required for such meals.
The sale or service of sandwiches (whether prepared in a kitchen or
made elsewhere and heated up on the premises) or snack foods shall
not constitute a full-service restaurant. A "full-service restaurant"
shall make actual and substantial sales of "meals" to guests for compensation.
Substantial sales shall mean that no less than 60 percent of total
revenue shall be generated from food service and no more than 40 percent
of revenue from the sales of alcohol.
iii.
Establishments where the on-site consumption of alcoholic beverages
is allowed as an incidental or secondary use, subject to consideration
by and recommendations from the Police Department, including, but
not limited to, beauty salons, nail salons, or movie theaters.
iv.
Establishments where the on-site consumption of alcoholic beverages
is an incidental or secondary use, including, but not limited to,
membership clubs, social, veterans or fraternal organizations.
v.
Establishments with an ancillary tasting room or craft brewery with
a full-service restaurant, including, but not limited to, an alcoholic
beverage manufacturer, such as a craft brewery.
vi.
Establishment whose application has been deemed complete prior to
the effective date of this Development Code.
c.
Special Circumstances. Upgrade or transfer of an existing
off-sale alcoholic beverage license in the same census tract where
there is already an over-concentration of off-sale alcoholic beverage
licenses as defined by Business and Professions Code Section 23958.4.
i.
Upgrading an existing off-sale alcoholic beverage license at the
same location shall comply with the following requirements:
ii.
Transferring an existing off-sale alcoholic beverage license from
one location to another location within the same census tract where
there already exists an over-concentration of off-sale alcoholic beverage
licenses shall comply with the following requirements:
(A)
Not result in a net increase of the number of such licenses
in an existing over-concentration census tract;
(C)
Voluntarily surrender a previously-approved commission use permit,
if applicable, at the original location from the property owner. The
form for "Surrender of Use" shall be notarized by a notary public;
and
(D)
Obtain a new commission use permit.
d.
In the review of commission use permit applications for new alcoholic
beverage sales establishments and upgrades or transfers of existing
ABC licenses, which are considered problem uses as defined herein,
the following shall be considered and may be grounds for denial based
upon potential adverse effects to the public interest, health, safety
or convenience:
i.
On-Sale of Alcoholic Beverage Sales Establishment.
(A)
Establishment shall not be located in a crime reporting district,
where the average number of crimes in that district exceeds the average
number of crimes for all reporting districts citywide by more than
20 percent; or
(B)
Establishment shall not be located in an area within 500 feet
of an existing on-sale alcoholic beverage establishment or any location
that would lead to the grouping of more than four on-sale alcoholic
beverage establishments within a 1,000-foot radius.
ii.
Off-Sale of Alcoholic Beverage Sales Establishment.
(A)
Establishment shall not be located in a crime reporting district,
where the average number of crimes in that district exceeds the average
number of crimes for all reporting districts citywide by more than
20 percent; or
(B)
Establishment shall not be located in an area within 500 feet
of an existing off-sale alcoholic beverage establishment or any location
that would lead to the grouping of more than four off-sale alcoholic
beverage establishments within a 1,000-foot radius.
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Each application shall be analyzed by the applicable Review
Authority to ensure that the application is consistent with the purpose
and intent of this provision. The applicable Review Authority has
the discretion to waive these restrictions to promote and support
local economic business growth, throughout the City including areas
like: the Downtown District, Miracle Mile, and Yosemite Shopping Center.
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3.
Permitting Requirements.
a.
The following alcoholic beverage sales activities and establishments
must obtain a land development permit with the applicable Review Authority
approval.
i.
Establishments where the on-site consumption of alcoholic beverages
is allowed as an incidental or secondary use, subject to consideration
by and recommendations from the Police Department, including, but
not limited to, beauty salons, nail salons, or movie theaters.
ii.
Establishments where the on-site consumption of alcoholic beverages
is an incidental or secondary use, including, but not limited to,
membership clubs, social, veterans or fraternal organizations.
iii.
Establishments with an ancillary tasting room or craft brewery
with a full-service restaurant, including, but not limited to, an
alcoholic beverage manufacturer, such as a craft brewery.
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Each application shall be analyzed by the applicable Review Authority to ensure that the application is consistent with the purpose and intent of this provision. The applicable Review Authority has the discretion to defer action and refer the application directly to the Planning Commission, pursuant to Section 16.136.020 (Review Authority) and in compliance with Section 16.88.050(C) (Public hearing review procedure).
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b.
The following alcoholic beverage sales activities shall be by-right
uses.
i.
Full-Service Restaurants. A place which is regularly
and in a bona fide manner used and kept open for the serving of at
least lunch and dinner to guests for compensation and which has suitable
kitchen facilities connected therewith, containing conveniences for
cooking an assortment of foods which may be required for such meals.
The sale or service of sandwiches (whether prepared in a kitchen or
made elsewhere and heated up on the premises) or snack foods shall
not constitute a full-service restaurant. A "full-service restaurant"
shall make actual and substantial sales of "meals" to guests for compensation.
Substantial sales shall mean that no less than 60 percent of total
revenue shall be generated from food service and no more than 40 percent
of revenue from the sales of alcohol;
ii.
Establishments containing 40,000 square feet or more with a maximum
of 10 percent of its gross floor area devoted to the sale, display,
and/or storage of alcohol, including, but not limited to, super markets,
drug stores, or retail stores which do not sell alcoholic beverages
as their principal business;
iii.
Establishments with a temporary alcohol license issued by the
California Department of Alcoholic Beverage Control and established
in compliance with all City codes and regulation;
iv.
Catering businesses for private parties or banquets in compliance
with ABC regulations; and
v.
Wholesale of alcoholic beverages on-line or in a commercial or warehouse
building.
4.
Permit Application. Any person(s), association, partnership, corporation or other legal entity desiring to obtain a commission use permit or land development permit for an alcoholic beverage sales activity or establishment shall file an application with the City of Stockton Community Development Department pursuant to Chapters 16.168 and 16.136. The application shall be accompanied by a nonrefundable application processing fee in an amount adopted by the City Council in compliance with Section 16.168.040, Application filing, processing, and review.
The Planning Commission shall only approve the issuance of a commission use permit to allow new alcoholic beverage sales activity or establishment after making the findings listed in Section 16.168.050(A) through (C), Findings and decision.
5.
Conditions of Approval.
a.
On-Sale Alcoholic Beverage Establishments. The following
condition(s) may be imposed by the applicable Review Authority:
i.
Pay Telephone. Pay telephones on the site of the establishment
shall be required to be of the type restricted to allow only outgoing
calls and shall be located inside the building in a visible and well-lit
area, subject to approval by the Chief of Police.
ii.
Program. A "complaint response community relations"
program established and maintained by the establishment conducting
the alcoholic beverage sales activity may be required. The program
may include the following:
(A)
Posting at the entry of the establishment that provides the
telephone number for the area commander of the local law enforcement
substation.
(B)
Coordinating efforts with the Police Department to monitor community
complaints about the establishment's activities.
(C)
Having a representative of the establishment meet with neighbors,
or the applicable neighborhood association on a regular basis and
at their request to attempt to resolve any neighborhood complaints
regarding the establishment.
iii.
Posting and Presentation of Documents. The commission
use permit or land development permit shall be posted in a conspicuous
place and shall be immediately made available to City personnel or
police officers upon inspection of the premises.
iv.
Hours of Operation. The City may limit the hours of
operation for alcoholic beverage sales activities or establishments.
v.
Security Cameras. Prior to the initiation of alcoholic
beverage sales activity, the most current technology for a video surveillance
system with at least a seven day continuous recording capability shall
be in place. Video recordings shall be archived for at least 30 days.
The video surveillance system shall cover the entire exterior of the
premises, including the parking lot and the entrances to the building.
vi.
Security Guards. An establishment may be required to
retain a specified number of security guards. The number of security
guards shall vary, based upon the specific facts and circumstances
of each establishment and the proposed operation. All security guards
shall be required to have all applicable State and City permits and
licenses in place prior to the initiation of alcoholic beverage sales
activity.
vii.
Loitering. The establishment's operators or employees
shall be required to discourage loitering on or near the premises
and to ask persons loitering longer than 15 minutes to leave the area
and contact local law enforcement officials for enforcement of applicable
trespassing and loitering laws, if persons requested to leave fail
to do so.
viii.
Lighting. Exterior areas of the premises and adjacent
parking lots shall be provided with sufficient lighting in a manner
that provides adequate illumination for alcoholic beverage sales establishment
patrons while not spilling onto surrounding parcels and rights-of-way.
A photometric study may be required to demonstrate compliance once
the use is initiated.
ix.
Expiration. The commission use permit or land development
permit shall be valid for the duration of the use, but if the alcohol
sale license is revoked by the State of California, is transferred
off-site, or if the establishment does not sell alcohol for a period
of 24 months or more, the use permit may be subject to revocation
following a public hearing.
x.
Mitigating Alcohol-Related Problems. The establishment
shall be required to operate in a manner appropriate with mitigating
alcohol-related problems that negatively impact those individuals
living or working in the neighborhood, including, but not limited
to, sales to minors, the congregation of individuals, violence on
or near the premises, drunkenness, public urination, solicitation,
drug-dealing, drug use, loud noise, and litter.
xi.
Training Program. The owners and all employees of the
alcoholic beverage sales establishment who are involved in the sale
of alcoholic beverages shall complete an approved course in "Responsible
Beverage Sales" (RBS), or any other ABC approved course, within 60
days of hire for employees hired after the passage of the ordinance
codified in this section or within six months of the passage of the
ordinance codified in this section for existing employees. To satisfy
this requirement, a certified program must meet the standards of the
Alcohol Beverage Control Responsible Beverage Service Advisory Board,
other certifying/licensing body Service Advisory Board, or other certifying/licensing
body designated by the State of California.
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The applicable Review Authority has the discretion to impose
additional condition(s) of approval, as warranted by the application
under consideration.
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b.
Off-Sale Alcoholic Beverage Establishments. The following
condition(s) may be imposed by the applicable Review Authority:
i.
Prohibited Products. To discourage nuisance activities,
off-sale alcoholic beverage establishments may be prohibited from
selling one or more of the following products:
(A)
Wine or distilled spirits in containers of less than 750 milliliters.
(B)
Malt beverage products with alcohol content greater than five
and one-half (5 1/2) percent by volume.
(C)
Wine with an alcoholic content greater than 14 percent by volume
unless in corked bottles and aged at least two years.
(D)
Beer or malt liquor sold individually in containers of 40 ounces
or less.
(E)
Containers of beer or malt liquor not in their original factory
packages of six packs or greater.
(F)
Distilled spirits in bottles or containers smaller than 375
milliliters.
(G)
Cooler products, either wine-or malt beverage-based, in less
than four pack quantities.
ii.
Pay Telephone. Pay telephones on the site of an alcoholic
beverage sales establishment shall be the type restricted to allow
only outgoing calls and shall be located inside the building in a
visible and well-lit area, subject to approval by the Chief of Police.
iii.
Program. A "complaint response community relations"
program established and maintained by the establishment conducting
the Alcoholic Beverage Sales Activity may be required. The program
may include the following:
(A)
Posting at the entry of the establishment that provides the
telephone number for the area commander of the local law enforcement
substation to any requesting individual.
(B)
Coordinating efforts with the Police Department to monitor community
complaints about the establishment's activities.
(C)
Having a representative of the establishment meet with neighbors,
or the applicable neighborhood association on a regular basis and
at their request to attempt to resolve any neighborhood complaints
regarding the establishment.
iv.
Chilled Alcoholic Beverages. An off-sale alcoholic beverage
sales establishment may be prohibited from maintaining refrigerated
or otherwise chilled alcoholic beverages on the premises.
v.
Cups. In off-sale alcoholic beverage establishments,
the sale or distribution to the customer of paper or plastic cups
in quantities less than their usual and customary packaging may be
prohibited.
vi.
Hours of Operation. The City may limit the hours of
operation for an alcoholic beverage sales activity or establishment.
vii.
Signs. The following signs are required to be prominently
posted in a readily visible manner on an interior wall or fixture,
and not on windows, in English, Spanish, and any other predominant
language of the patrons:
(A)
"California State Law prohibits the sale of alcoholic beverages
to persons under 21 years of age."
(B)
"No Loitering or Public Drinking" signs shall be posted on the
exterior of the business.
(C)
The business shall post E.A.S.Y. (Eliminate Alcohol Sales to
Youth) materials that are visible from outside the business.
(D)
The consumption or carrying of open containers of alcoholic
beverages on the premises of the off-sale alcohol establishment is
not permitted. Signs advising patrons of this prohibition shall be
posted adjacent to the front door on the interior of the building.
viii.
Posting and Presentation of Documents. The commission
use permit or land development permit shall be posted in a conspicuous
place and shall be immediately made available to City personnel or
police officers upon inspection of the premises.
ix.
Mitigating Alcohol-Related Problems. The establishment
shall be required to operate in a manner appropriate with mitigating
alcohol-related problems that negatively impact those individuals
living or working in the neighborhood, including, but not limited
to: sales to minors, the congregation of individuals, violence on
or near the premises, drunkenness, public urination, solicitation,
drug-dealing, drug use, loud noise, and litter.
x.
Drug Paraphernalia. Off-sale alcoholic beverage establishment
shall be prohibited from selling drug/tobacco paraphernalia products
as defined in Health and Safety Code Sections 11014.5 and 11364.5.
"Drug paraphernalia" means all equipment products and materials of
any kind, that are used, intended for use, or designed for use in
planting, propagating, cultivating, growing, harvesting, manufacturing,
compounding, converting, producing, processing, preparing, testing,
analyzing, packaging, repackaging, storing, containing, concealing,
injecting, ingesting, inhaling, or otherwise introducing into the
human body a controlled substance in violation of the California Uniform
Controlled Substances Act, commencing with California Health and Safety
Code Section 11000.
xi.
Loitering. The establishment's operators or employees
shall be required to discourage loiterers on or near the premises
and to ask persons loitering longer than 15 minutes to leave the area
and contact local law enforcement officials for enforcement of applicable
trespassing and loitering laws if persons requested to leave fail
to do so.
xii.
Security Cameras. Prior to the initiation of alcoholic
beverage sales activity, the most current technology for a video surveillance
system with at least a seven day continuous recording capability shall
be in place. Video recordings shall be archived for at least 30 days.
The video surveillance system shall cover the entire exterior of the
premises, including the parking lot and the entrances to the building.
xiii.
Security Guards. An establishment may be required
to retain a specified number of security guards. The number of security
guards shall vary, based upon the specific facts and circumstances
of each establishment site and operation. All security guards shall
have all required state and City permits and licenses prior to the
initiation of alcoholic beverage sales activity.
xiv.
Prohibited Vegetation. Exterior vegetation shall
not be planted or maintained, if it could be used as a hiding place
for persons on the premises. Exterior vegetation shall be planted
and maintained in a manner that minimizes its use as a hiding place.
xv.
Window Obstructions. No more than 20 percent of windows
or clear doors shall bear advertising of any sort and all advertising
signage shall be placed and maintained in a manner that ensures that
law enforcement personnel have a clear and unobstructed view of the
interior of the premises, including the area in which the cash registers
are maintained, from the exterior public sidewalk or entrance.
xvi.
Training Program. The owners and all employees
of the alcoholic beverage sales establishment who are involved in
the sale of alcoholic beverages shall complete an approved course
in "Responsible Beverage Sales" (RBS), or any other ABC approved course,
within 60 days of hire for employees hired after the passage of the
ordinance codified in this section or within six months of the passage
of the ordinance codified in this section for existing employees.
To satisfy this requirement, a certified program must meet the standards
of the Alcohol Beverage Control Responsible Beverage Service Advisory
Board, other certifying/licensing body Service Advisory Board, or
other certifying/licensing body designated by the State of California.
xvii.
Lighting. Exterior areas of the premises and adjacent
parking lots shall be provided with sufficient lighting in a manner
that provides adequate illumination for alcoholic beverage sales establishment
patrons while not spilling onto surrounding parcels and rights-of-way.
A photometric study may be required to demonstrate compliance once
the use is initiated.
xviii.
Expiration. The commission use permit or land development
permit shall be valid for the duration of the use, but if the alcohol
sales license is revoked by the State of California, is transferred
off-site or if the establishment does not sell alcohol for a period
of 24 months or more, the use permit may be subject to revocation
following a public hearing.
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The applicable Review Authority has the discretion to impose
additional condition(s) of approval as warranted by the application
under consideration.
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6.
Appeal of Action from Planning Commission. Any decision rendered by the Planning Commission, or the Community Development Director may be appealed to the City Council pursuant to Stockton Municipal Code Chapter 16.100.
7.
Modification or Revocation of a Commission Use Permit. A commission use permit or land development permit for an alcoholic beverage sales activity or establishment may be modified or revoked by the Planning Commission pursuant to Stockton Municipal Code Chapter 16.108, for failure to comply with operational standards, training requirements, or conditions imposed through the commission use permit.
Notice of intention to modify or revoke shall be in writing and shall state the grounds therefor, pursuant to Stockton Municipal Code Section 16.108.030. At least 10 days before the date of the hearing, a notification shall be delivered in writing, via certified mail, with a return receipt requested.
8.
Appeal from Modification or Revocation of Commission Use Permit. Any applicant or other person aggrieved by a determination of the Planning Commission to modify or revoke a commission use permit may appeal the decision to the City Council pursuant to Stockton Municipal Code Chapters 16.100 and 16.108.
E.
Standards for Deemed Approved Alcoholic Beverage Sales.
1.
Purpose. The purpose of these standards is to control dangerous
or objectionable environmental effects of alcoholic beverage sales
activities or establishments. These standards shall apply to all deemed
approved alcoholic beverage sales activities or establishments under
the Development Code for the purpose of achieving the following objectives:
a.
Protect surrounding neighborhoods from the harmful effects attributable
to the sale of alcoholic beverages and to minimize the adverse impacts
of nonconforming and incompatible uses.
b.
Encourage businesses selling alcoholic beverages to operate in a
manner that is mutually beneficial to other such businesses and other
commercial and civic activities.
c.
Provide a mechanism to address problems often associated with the
public consumption of alcoholic beverages, such as litter, loitering,
graffiti, and noise levels.
d.
Ensure that businesses selling alcoholic beverages are not the source
of undue public nuisances in the community.
e.
Ensure that sites where alcoholic beverages are sold are properly
maintained so that negative impacts generated by these activities
are not harmful to the surrounding environment in any way.
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The provisions of this section are intended to complement the
State of California alcohol-related laws. The City does not intend
to replace or usurp any powers vested in the California Department
of Alcoholic Beverage Control.
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2.
Automatic Deemed Approved Status. All alcoholic beverage sales activities or establishments, that were legal nonconforming activities or establishments, with respect to Chapter 16.228 of the Development Code, immediately before the effective date of the ordinance codified in this section shall automatically become deemed approved activities as of the effective date of the deemed approved alcoholic beverage sale regulations and shall no longer be considered legal nonconforming activities. Each deemed approved activity shall retain its deemed approved status as long as it complies with the operational standards in this chapter. However, any change in ABC license type including, but not limited to, a change from a type 20 to a type 21 license, or a substantial physical change of character of premises as defined in Title 4 of the California Code of Regulations Section 64-2(b), shall terminate the deemed approved status of the business activity and shall require a commission use permit or land development permit to continue operation. For purposes of this section, the approval of a commission use permit or land development permit shall not be automatic upon termination of the activities deemed approved status.
3.
Notification to Owners of Deemed Approved Activities. The
City or its designated enforcement authority shall notify the owner
of each deemed approved activity, and also the property owner if not
the same, of the activity's deemed approved status. The notice shall
be sent by regular mail and shall include a copy of the operational
standards in this section with the requirement that they be posted
in a conspicuous and unobstructed place visible from the entrance
of the establishment for public review. This notice shall also provide
that the activity is required to comply with all operational standards
and that the activity is required to comply with all other aspects
of these regulations.
4.
Termination and Discontinuance of Deemed Approved Status. Whenever an alcoholic beverage sales activity discontinues active operation for more than 180 consecutive days, ceases to be licensed by the State Department of Alcoholic Beverage Control (ABC) for a period of 180 days or greater, changes its activity so that ABC requires a different type of license, substantially changes its mode or character of operation, or extends its hours of operation, the deemed approved status shall be rescinded. Any subsequent alcoholic beverage sales commercial activity may be resumed only upon the granting of a commission use permit or land development permit, pursuant to the commission use permit or land development permit procedures in Chapters 16.136 and 16.168 of the Development Code. However, this requirement shall not apply to a closure for restoration of premises rendered totally or partially inaccessible by an extraordinary natural event that cannot be reasonably foreseen or prevented (such as a flood or earthquake) or a toxic accident, provided that the restoration does not increase the square footage of the business used for the sale of alcoholic beverages. Nor shall this requirement apply to a closure for purposes of repair, if that repair does not change the nature of the premises and does not increase the square footage of the business used for the sale of alcoholic beverages.
If another use has been substituted before the 180 consecutive
days have lapsed, then the original deemed approved activity shall
not be resumed.
Once it is determined by the City that there has been a discontinuance of active operation for 180 consecutive days or a cessation of ABC licensing, the matter shall be reviewed in a public hearing by the Administrative Hearing Officer following the same notice and public hearing procedures outlined in Stockton Municipal Code Section 16.108.030.
The phrase "substantial change of the mode or character of operation"
shall apply to on-sale and off-sale alcoholic beverage establishments
and includes, but is not limited to, the following:
a.
The alcoholic beverage sales establishment increases the floor or
land area or shelf space devoted to the display or sales of any alcoholic
beverage.
b.
The alcoholic beverage sales establishment expands the sale or service
of any alcoholic beverages and/or increases the number of customer
seats primarily devoted to the sale or service of any alcoholic beverages.
c.
The alcoholic beverage sales establishment extends the hours of operation.
d.
The alcoholic beverage sales establishment proposes to reinstate
alcohol sales after the ABC license has been either revoked or suspended
for a period 180 days or greater by ABC.
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The alcoholic beverage sales establishment voluntarily discontinues
active operation for more than 180 consecutive days or ceases to be
licensed by the ABC.
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5.
Operational Standards. A deemed approved alcoholic beverage
sales activity or establishment ("deemed approved activity") shall
retain its deemed approved status only if it conforms to all of the
following deemed approved operational standards:
a.
The deemed approved activity shall not cause adverse effects to the
health, peace or safety of persons residing or working in the surrounding
area.
b.
The deemed approved activity shall not jeopardize or endanger the
public health, or safety of persons residing or working in the surrounding
area.
c.
The deemed approved activity shall not allow repeated nuisance activities
within the premises or in close proximity of the premises, including,
but not limited to: disturbance of the peace, illegal drug activity,
public drunkenness, drinking in public, harassment of passersby, gambling,
prostitution, sale of stolen goods, public urination, theft, assaults,
batteries, acts of vandalism, excessive littering, loitering, graffiti,
illegal parking, excessive loud noises, especially in the late night
or early morning hours, traffic violations, curfew violations, or
lewd conduct.
d.
The deemed approved activity shall comply with all provisions of
local, state or federal laws, regulations, or orders, including, but
not limited to, those of the ABC, California Business and Professions
Code Sections 24200, 24200.6, and 25612.5, as well as any condition
imposed on any permits issued pursuant to applicable laws, regulations
or orders. This includes compliance with annual City business license
fees.
e.
The deemed approved activity's upkeep and operating characteristics
shall be compatible with and not adversely affect the livability or
appropriate development of abutting properties and the surrounding
neighborhood.
f.
A copy of these operational standards, any applicable ABC or City
operating conditions, and any training requirements shall be posted
in at least one prominent place within the interior of the establishment
where it will be readily visible and legible to the employees and
patrons of the establishment.
g.
The owners and all employees of deemed approved establishments involved
in the sale of alcoholic beverages shall complete an approved course
in Licensee Education on Alcohol and Drugs (LEAD), or other "Responsible
Beverage Service" (RBS) training or any other ABC approved course
within 60 days of hire for employees hired after the passage of this
Development Code, or within six months of the passage of the Development
Code for existing employees. To satisfy this requirement, the RBS
course must be recognized by the California Department of Alcoholic
Beverage Control. The RBS course shall include at a minimum the following:
a review of ABC laws and regulations; administrative, criminal and
civil liabilities; acceptable forms of identification; and how to
identify minors and persons already intoxicated.
i.
Sit down restaurants that continue to serve menu items until closing
and whose predominant function is the service of food and where the
on-site sale of alcoholic beverages is incidental or secondary are
exempt from this training requirement. Fraternal organizations and
veterans clubs with the on-sale of alcoholic beverage are exempt from
this training requirement. (Establishments which are primarily a bar
or lounge or have a bar or lounge area as a principal or independent
activity are not included in this exemption.)
ii.
Retail establishment containing 10,000 square feet or more with a
maximum of 10 percent of its gross floor area devoted to the sale,
storage and/or display of alcohol, and subject to this training requirement
may elect to send only supervisory employees to the RBS training or
any other ABC approved course. The supervisory employees would then
be responsible for training all employees who are involved in the
sale of alcoholic beverages.
F.
Violations and Penalties.
1.
General. Any person or entity that violates or permits another
person to violate any provision of this section is guilty of either
an infraction or a misdemeanor.
a.
Any violation of this section may result in any or all of the following
actions and/or fines:
i.
A misdemeanor punishable by either six months in jail, and/or $1,000.00
fine;
ii.
Issuance of administrative citation(s) and/or an order to abate violation(s)
of this section with a fine for each and every safety violation of
$1,000.00, plus any administrative expenses incurred in the enforcement
of this section;
iii.
Administrative injunction ordering the action constituting a
violation of this section to immediately cease and desist; such an
order may require an order that the property be immediately vacated
to protect the health, safety and welfare of the community;
b.
Each day the violation(s) continue shall be deemed a new violation
subject to additional citations, penalties, and fines.
c.
Violation of any provision of this section may be filed as an infraction
or a misdemeanor at the discretion of the City Attorney.
d.
All fines shall be the obligation of the owner and/or responsible party and are due and payable within 30 days of issuance of the citation, provided that when a request for a hearing is made, the fines and administrative expenses shall be due and payable within 30 days of the date of the Administrative Hearing Officer's written decision. Any fine or administrative expense not paid within the time limits set forth shall be collected pursuant to Title 1 of the Stockton Municipal Code.
e.
Public Nuisance. In addition to the penalties provided
in this section, any use or condition caused or permitted to exist
in violation of any of the provisions of these regulations shall be
and is declared to be a public nuisance and may be abated as such
by the City.
2.
Investigative Procedures of Potential Violations. Upon the
City's receipt of a complaint from a Code Enforcement Officer, Police
Officer or any other interested person, that a commission use permit,
or land development permit activity is in violation of the operational
standards and conditions of approval contained in this section, the
following procedures apply:
a.
The officials responsible for enforcement of the Development Code,
or duly authorized representatives, may enter on any site or into
any structure for the purpose of investigation, provided they shall
do so in a reasonable manner, whenever they have cause to suspect
a violation of any provision of these regulations, or whenever necessary
to the investigation of violations to the deemed approved operational
standards or conditions of approval prescribed in these regulations.
An owner or occupant or agent thereof who refuses to permit such entry
and investigation shall be guilty of infringing upon the violations
and penalties as outlined in subsection (F)(1), and subject to related
penalties thereof.
b.
If the officials responsible for enforcement of the Development Code, or their duly authorized representatives, determine that the activity is in violation of the operational standards and/or conditions of approval, the Code Enforcement Officer may issue an administrative citation or an administrative civil penalties notice, which then may be subject to a hearing by the Administrative Hearing Officer, pursuant to Stockton Municipal Code Chapters 1.32, 1.40, and 1.44.
3.
Administrative Hearing Officer. Upon the filing of an appeal, pursuant to Chapter 1.32, the City shall appoint an Administrative Hearing Officer, pursuant to Stockton Municipal Code Section 1.44.030, to conduct hearings, make findings, and determine whether violations of the operational standards and conditions of approval, as well as whether undue negative impacts or public nuisance activities have occurred, are occurring, or are likely to occur in the future. The assigned Administrative Hearing Officer shall exercise all powers and authority delegated to him/her by Stockton Municipal Code Chapter 1.44.
The Administrative Hearing Officer shall determine whether the
activity is in compliance with the operational standards and/or conditions
of approval of the commission use permit, land development permit,
or deemed approved status.
In reaching a determination as to whether a use has violated
the standards or conditions of approval of the commission use permit,
land development permit, or deemed approved status, or as to the appropriateness
of imposing additional or amended conditions on a use, recommending
revocation of a use, or assessing administrative or civil penalties,
the Administrative Hearing Officer may consider:
a.
The length of time the activity has been out of compliance.
b.
The impact of the violation on the community.
c.
Any information regarding the owner of the activity's efforts to
remedy the violation.
"Efforts to remedy" shall include, but are not limited to:
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a.
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Timely calls to the Police Department that are placed by the
use permit holder or responsible party.
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b.
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Requesting that those persons engaging in activities causing
violations of the operational standards and/or conditions of approval,
cease those activities, unless the use permit holder or responsible
party.
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c.
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Making improvements to the property or operations, including,
but not limited to, the installation of lighting sufficient to illuminate
the area within the property line, the installation of security cameras,
the clearing of window obstructions, the cleaning of sidewalks, and
the abatement of graffiti.
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Based on this determination, the Administrative Hearing Officer
may find that the establishment is:
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i.
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In compliance with the operational standards or conditions of
approval of the commission use permit, land development permit, or
deemed approved status and dismiss the citation; or
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ii.
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In violation of the operational standards or conditions of approval of the commission use permit, land development permit, or deemed approved status and impose administrative civil penalties, pursuant to Stockton Municipal Code Chapter 1.40; or
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iii.
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In violation of the operational standards or conditions of approval
of the commission use permit, land development permit, or deemed approved
status and impose reasonable conditions, similar to those imposed
on new alcoholic beverage sales activities or establishments in subsection
(D)(5)(a) and (b), to ensure compliance with the operational standards
or conditions of approval of the commission use permit, or land development
permit, or deemed approved status; or
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iv.
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In violation of the operational standards or conditions of approval of the commission use permit, land development permit, or deemed approved status and refer the matter to the Planning Commission with a recommendation to modify or revoke the commission use permit, land development permit, or deemed approved status, in accordance with Stockton Municipal Code Chapter 16.108.
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If in the judgment of the Administrative Hearing Officer, the
establishment's activities constitute a nuisance, the owner is unable
or unwilling to abate the nuisance, and the nuisance is shown to be
a threat to the public health and safety of the surrounding neighborhood,
the Administrative Hearing Officer may recommend that the Planning
Commission modify or revoke the activity's use permit.
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The decision of the Administrative Hearing Officer shall become final and conclusive 10 calendar days after the date of decision, unless the decision is appealed in accordance with the procedures for filing and processing of appeals provided in Stockton Municipal Code Section 16.100.040. In addition to the requirements in Section 16.100.040, any interested party must enter into the record any issues and/or oral, written, and/or documentary evidence for the consideration of the applicable Review Authority.
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(Prior code § 16-365.035; Ord. 015-09 C.S., eff. 12-3-09; Ord. 011-11 C.S. § 1,
eff. 10-27-11; Ord. 2016-01-26-1601 C.S. § 3)
A.
Allowed Uses. The following amusement devices, as defined
in Division 8 (Glossary), may be allowed as accessory or incidental
uses to a primary commercial use as follows:
1.
General Amusement Devices. No more than two amusement devices
(e.g., electronic game machines, pinball machines, shooting galleries,
bowling games, shuffleboard, movie machines, etc.) may be allowed
as an accessory or incidental use to a primary commercial use.
2.
Pool/Billiard Tables. One pool/billiard table may be allowed
as an accessory or incidental use to a primary commercial use.
3.
Combination Pool Tables and Other Amusement Devices. No more
than one pool table and one coin-operated amusement device may be
allowed as an accessory or incidental use to a primary commercial
use.
B.
Uses Requiring a Permit. The following amusement devices shall require a use permit as identified in compliance with Chapter 16.168 (Use Permits):
1.
Arcades. An arcade, composed of three or more amusement devices,
or two or more amusement devices in conjunction with one accessory
pool table, shall require an administrative use permit.
(Prior code § 16-365.040)
The purpose of this section is to ensure that the raising and
maintenance of animals does not create an adverse impact on adjacent
properties by reason of dust, noise, visual blight, odor, fumes, bright
lights, or insect infestations.
A.
Pre-Existing Uses. Any legally established nonconforming animal-keeping use that became nonconforming upon adoption of this Development Code, shall be allowed to continue subject to Chapter 16.228 (Nonconforming Uses, Structures, and Parcels).
B.
Existing Lots of Record. Animals may be kept on legally established
lots of record, even if less than the minimum lot size referenced
in Table 3-14, subject to compliance with setback regulations of the
underlying zoning district and the requirements of this Development
Code.
C.
Uses Not Allowed. Live hogs, swine, shoats, pigs, pot-bellied pigs, roosters, cockerels, and wild animals (as defined in Section 6.04.020 of the Municipal Code) shall not be permitted within the corporate limits of the City, except as exempt under Chapter 6.04.480 of the Municipal Code.
D.
Allowed Uses. Animal-keeping uses allowed in Division 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), shall comply with the standards provided in Table 3-14, and with all other standards and requirements of this section and this Development Code and with all other applicable sections of the Municipal Code.
E.
Animal-Keeping Standards. The standards in Table 3-14 shall
apply to all animal-keeping uses.
|
TABLE 3-14
ANIMAL-KEEPING STANDARDS
| |||||
|---|---|---|---|---|---|
|
Type of Animal
|
Maximum Number of Animals per Site
|
Minimum Lot Size
|
Setback from Property Lines
|
Zoning Districts
| |
|
Aviary (raising for commercial purposes)
|
50 birds per acre
|
1/2 acre
|
50 feet
|
IL, IG
| |
|
Cats or dogs
|
Total of 3 cats and/or dogs over the age of 4 months
|
None
|
None
|
All
| |
|
Chinchilla, hamsters, guinea pigs, cavy and similar small animals
(raising for commercial purposes)
|
100 per acre
|
1/2 acre
|
50 feet
|
IL, IG
| |
|
Small household pets (e.g., birds, domesticated rodents, homing
pigeons, nonpoisonous reptiles other than snakes)
|
Any combination totaling 10
|
None
|
None
|
All
| |
|
Aquariums
|
Unlimited
|
None
|
None
|
All
| |
|
Poultry, fowl (e.g. chickens, ducks) (not including roosters
or cockerels)
|
Commercial/farm
|
150 animals per acre
|
1/2 acre
|
5 feet
|
RE, IG, OS
|
|
Residential (hobby)
|
4 per 5,000 square feet
|
5,000 square feet
|
5 feet
|
RL, RM, RH
| |
|
Market garden/urban farm
|
4 per 5,000 square feet
|
5,000 square feet
|
5 feet
|
CO, CN, CD, CL, IL
| |
|
Subject to District approval
|
PT
| ||||
|
Dog kennels, catteries, animal shelters, and dog and cat breeding
facilities.
|
Subject to Commission use permit
|
1/2 acre
|
50 feet
|
RE, IL, IG
| |
|
Horses, cows, bison, or similar sized animals
|
Commercial/farm
|
Subject to an administrative use permit
|
1 acre
|
100 feet
|
RE, IG
|
|
Residential (hobby)
|
1 per 10,000 square feet
|
12,000 square feet
|
50 feet
|
RE, OS
| |
|
Market garden/urban farm
|
1 per 10,000 square feet
|
12,000 square feet
|
50 feet
|
RE, IG, OS
| |
|
Sheep, goats, and similar sized animals (not including pigs)
|
Commercial/farm
|
Subject to an administrative use permit
|
1 acre
|
50 feet
|
RE, IG
|
|
Residential (hobby)
|
5 per 10,000 square feet
|
12,000 square feet
|
50 feet
|
RE
| |
|
Market garden/urban farm
|
5 per 10,000 square feet
|
12,000 square feet
|
50 feet
|
RE, RL, IG, OS
| |
|
Worm farms, fish farms, and similar uses
|
Subject to an administrative use permit
|
1 acre
|
50 feet
|
RE, IG
| |
|
Bee keeping
|
Commercial/farm
|
Subject to an administrative use permit
|
1 acre
|
50 feet
|
RE, IG
|
|
Residential (hobby)
|
2 hives
|
5,000 square feet
|
10 feet*
|
RE, RL
| |
|
Market garden/urban farm
|
2 hives per ½ acre
|
½ acre
|
50 feet
|
RE, RL, CL, CN, IG, IL
| |
|
Notes:
|
* If a flyway barrier is established per Section 16.80.350, setback may be reduced to 5 feet.
| ||||
F.
Keeping of Chickens/Ducks—Restrictions.
1.
It
is unlawful to keep, possess, or maintain chickens/ducks on any parcel
of property located in the City, except in accordance with the following
restrictions:
a.
The maximum number of hen chickens/ducks kept on a developed lot
used for residential purposes, is subject to Table 3-14.
b.
All hen chickens/ducks shall be confined in a pen, coop, cage, or other enclosure when not supervised. Supervision is being physically present, or within an immediate distance, and available to respond immediately. Enclosures within residential districts shall be subject to accessory structure requirements as referenced in Section 16.80.020 of this code.
i.
"Other" enclosures shall be determined on a case by case basis by
the Director.
c.
Pens, coops, cages, or other enclosures shall be maintained in an
orderly manner and kept clean.
d.
In addition to property line setbacks identified in Table 3-14, all
hen chickens/ducks shall be kept within an enclosure that is at least
20 feet distant from the nearest neighbors dwelling on an adjacent
parcel. Enclosures shall be situated in either the side or rear yard
behind a solid fence, structure, or wall. Enclosures shall not obstruct
or partially obstruct any required exits from any dwelling unit, as
determined by the Building Official.
e.
No hen chickens/ducks shall be kept in the front yard on any developed
lot used for residential purposes.
g.
No hen chickens/ducks shall be slaughtered on any residentially zoned
lot.
2.
Roosters
shall not be permitted within the corporate limits of the City.
(Prior code § 16-365.050; Ord. 023-07 C.S. § 83; Ord. 2020-09-15-1501 C.S. § 9)
A.
Lots. All auto and vehicles sales/leasing/rental lots shall be subject to the development standards for off-street parking lots in compliance with Section 16.64.080 (Development standards for off-street parking), except for interior parking lot landscaping (Section 16.64.080(F)) in areas where cars that are for sale/lease/rent are displayed.
B.
Parking. Parking for auto and vehicle sales/leasing/rental
shall be in compliance with Table 3-9 (Parking Requirements for Land
Use) based on the parking requirements for each type of land use in
or on the facility (sales area in accordance with retail trade requirements,
service area in compliance with requirements for services requirements).
(Prior code § 16-365.055; Ord. 023-07 C.S. § 84; Ord. 001-08 C.S. § 21)
Places of assembly, including religious places of worship and
land uses listed under recreation, education, and public assembly
uses in Table 2-2 (Allowable Land Uses and Permit Requirements), shall
be allowed in the various zoning districts in compliance with Division
2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards)
and the following standards:
A.
Separation. The main assembly hall, sanctuary, or other assembly
areas shall be separated from the nearest parcel used for residential
purposes by a minimum of 30 feet.
B.
Parking. Parking shall be required in compliance with the requirements of Chapter 16.64 (Off-Street Parking and Loading Standards) for specific types of places of assembly.
D.
Religious Facilities. All buildings within the grounds of
a religious facility shall be subject to the requirements for primary
structures.
(Prior code § 16-365.057; Ord. 023-07 C.S. § 85)
This section establishes standards for the establishment and operation of bed and breakfast inns in zoning districts where they are allowed in compliance with the provisions of Division 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards).
A.
Zone Requirements. Bed and breakfast inns shall be subject
to the requirements of the zoning district in which they are located
and the permitting requirements of Table 2-2.
B.
Size. Accommodations shall consist of a maximum of 10 guest
rooms plus accommodations for a resident manager.
C.
Length of Stay and Meals. Visitor occupancy is limited to
a maximum of seven consecutive days. At least one meal per day shall
be served to guests. No meal service shall be available to persons
or groups who are not resident guests.
D.
Architectural Character. Bed and breakfast inns are limited
to the adaptive conversion, reuse, or reproductions of historically
or architecturally unique residential structures, which are compatible
with the surrounding neighborhood. New structures and additions to
existing structures shall be residential in character.
E.
Parking. An off-street parking facility shall be provided on the same property as, or immediately abutting the site of, the inn and shall be developed in compliance with the City's parking lot development standards and the requirements of Chapter 16.64 (Off-Street Parking and Loading Standards). A waiver of the parking requirements may be granted by the Review Authority.
F.
Fencing Requirements. Where the site of a proposed bed and
breakfast inn abuts a residential zone, a six foot high solid fence
of masonry and wood or solid masonry shall be erected and maintained
along the side and rear property lines, subject to the approval of
the Director.
G.
Landscaping. Landscaping shall be provided in compliance with Chapter 16.56 (Landscaping Standards) and on any undeveloped portion of the site that is visible from the right-of-way, including areas along the driveway.
H.
Signs. Signs shall identify the establishment as an inn and not as a motel, hotel, lodge, or similar use. Signs shall be wall mounted only and comply with the applicable standards of Chapter 16.76 (Sign Standards), except that signs shall be limited to eight square feet in size, shall not be internally or externally illuminated, shall not be located above the roofline, and shall be a maximum of one per street frontage.
I.
Refuse Disposal. Refuse collection areas shall be clearly
designated on the proposed site plan. Areas shall be clearly accessible
for pickup and shall be screened from public view with solid walls
and landscape materials. Waste disposal pickup bins (dumpsters) shall
not occupy any required parking space nor intrude into required access
drives.
J.
Lighting Restrictions. Safety and security lighting for parking
areas and structures shall not reflect on adjacent properties and
shall be confined to ground lighting wherever possible.
(Prior code § 16-365.060)
This section establishes standards for the provisions of child care facilities in zoning districts where they are allowed in compliance with the provisions of Division 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards). Child care facilities shall be in compliance with State law and in a manner that recognizes the needs of child care operators and minimizes the effects on surrounding properties. These standards apply in addition to the other provisions of this Development Code and requirements imposed by the California Department of Social Services. Licensing by the Department of Social Services is required for child care facilities.
A.
Types. Child care facilities include the following types:
1.
Small Family Child Care Homes (Eight or Fewer Children). Allowed within zoning districts determined by Division 2 (Zoning Districts, Allowable Land Uses, and Zone Specific Standards). Except for a clearance from the Fire Department, no City land use permits or clearances are required;
2.
Large Family Child Care Homes (Up to 14 Children). Allowed within zoning districts determined by Division 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), means a home that provides family child care for up to 12 children, or for up to 14 children if the criteria in Section subsection B are met. These capacities include children under age 10 who live in the licensee's home and the assistant provider's children under age 10; and
B.
Standards for Child Care Centers. The following standards
for child care centers shall apply, in addition to those standards
contained in subsection (B)(1) of this section (Standards for large
family child care homes):
1.
Parcel Size. The minimum parcel size for a child care center
shall be 8,000 square feet.
2.
Fence or Wall. A six foot high solid decorative fence or wall shall be constructed on all property lines, except in the front yard or within a traffic sight area (Section 16.36.140). Fences or walls shall provide for safety with controlled points of entry. A minimum three foot wide landscaped area shall be provided adjacent to the wall/fence and shall include a dense hedge of evergreen shrubs a minimum of 15 gallons in size.
3.
Play Areas. The facility shall provide play areas:
a.
Indoor Play Areas. Indoor play areas shall be in compliance
with State requirements requiring 35 square feet of indoor play area
per child; and
b.
Outdoor Play Areas. Outdoor play areas shall be in compliance
with State requirements requiring 75 square feet of designated fenced
outdoor play area for each child. Pools shall be enclosed by a minimum
five foot high fence.
4.
Hours of Operation. Unless otherwise stated in the use permit,
hours of operation shall be confined to between 6:00 a.m. and 10:00
p.m. In no case shall an individual child stay for a continuous period
of 24 hours or more.
6.
Off-Street Parking. Off-street parking shall be provided in compliance with Chapter 16.64 (Off-Street Parking and Loading Standards), plus additional surface area shall be provided that is of sufficient size to accommodate off-street loading/unloading. The area used for parking shall not be used for both parking and as a play area at the same time.
8.
Location. Wherever possible, facilities shall be located in
existing institutional facilities and/or along major streets.
(Prior code § 16-365.070; Ord. 001-08 C.S. § 86; Ord. 2020-06-09-1501 C.S. § 20)
Unless prohibited by the specific zoning district regulations,
temporary Christmas tree, pumpkin patch, and other holiday sales facilities
shall be allowed in any commercial, industrial, or institutional district,
or on any church or school site that abuts a collector or arterial
roadway, as designated in the General Plan. All temporary Christmas
tree/holiday sales facilities shall be subject to the following requirements:
B.
Date of Opening. A Christmas tree sales facility shall not
be open for business during any calendar year before Thanksgiving;
other holiday sales facilities shall not be open more than 30 days
before the holiday.
C.
Maintenance. Christmas tree/holiday sales facilities shall
be kept clean and free of debris at all times during use of the property.
D.
Merchandise to be Sold. A Christmas tree/holiday sales facility
shall not engage in the sale of any merchandise not directly associated
with Christmas trees, Christmas decorations, or other holidays.
E.
Electrical Permit. The applicant shall secure an electrical
permit from the City if the facility is to be energized.
F.
Structures. The applicant shall secure the proper permits
from the Building Division for any temporary structure or shelter.
G.
Fire Prevention Standards. Each Christmas tree/holiday sales
facility shall comply with fire prevention standards and permitting
requirements as approved and enforced by the Fire Chief, including
any burning or open fires or flocking or painting.
H.
Off-Street Parking. The City Engineer shall approve all public
access and surfacing of the parking area.
I.
Removal of Facility. The facility shall be removed within
14 days after Christmas or other holiday and the premises cleared
of all debris and restored to at least as good a condition as existed
before the establishment of the facility.
(Prior code § 16-365.080; Ord. 015-09 C.S., eff. 12-3-09)
All condominium conversions shall comply with Chapter 16.196 (Condominiums and Condominium Conversions) and comply with the following minimum standards.
A.
Off-Street Parking. A minimum of one and one-half (1.5) spaces
per unit shall be provided.
B.
Meters and Control Valves. Gas and electricity shall be separately
metered for each unit.
C.
Laundry Facilities. Each unit shall be plumbed and wired for
laundry facilities or shall have access to common laundry facilities
within the project.
D.
Smoke Detectors. Each unit shall be provided with approved
smoke detectors.
E.
Condition of Equipment and Appliance Within Units. The applicant
shall supply a written certification to the buyer of each unit on
the initial sale of the converted unit stating that every dishwasher,
garbage disposal, stove, refrigerator, hot water tank, and air conditioner
included within the unit is in working condition, and shall provide
a one year warranty covering major repairs on all appliances and equipment.
F.
Fire Walls. Fire walls for residential condominiums shall
meet existing building code standards for the type of condominium
proposed.
G.
Waiver of Requirements. The Commission may approve reasonable waivers of development standards in subsections A through B of this section, upon a finding that conversion is necessary or highly conducive to the rehabilitation or restoration of historic buildings (e.g., landmarks and structures of merit) as defined in Division 8 (Glossary).
(Prior code § 16-365.090)
This section provides standards for the use of public and private property for the purpose of maintaining and operating a community garden. Community gardens shall be allowed in zoning districts identified in Table 2-2 of Section 16.20.020.
A.
Standards. The following standards apply to all community
gardens:
1.
Setbacks. Structures and sheds shall comply with the setback
requirements for the applicable zoning district.
2.
Maintenance/Cleanup. Weeds and garden refuse shall be disposed
of on at least a weekly basis.
3.
Garbage and Compost. Garbage and compost receptacles must
be screened from view from public streets and adjacent properties
by utilizing measures such as landscaping, fencing, or storage within
or behind structures. All garbage shall be removed from the site weekly.
Compost piles and containers shall be set back at least 20 feet from
the property line of a residentially zoned lot).
5.
Development. Installation, operation, or use of structures,
fences, sheds, irrigation systems, sanitary facilities, etc., as accessory
uses, shall be in compliance with this Development Code and all local,
State, and Federal codes and regulations.
6.
Separation. A minimum separation of five feet shall be maintained
between the garden plots and any adjacent property line. This separation
shall be maintained so as to be free of any weeds, garden refuse,
sheds, structures, irrigation systems, or other combustible materials,
and shall not be used for storage of any equipment, vehicles, or any
other materials.
7.
Lighting. Installation or use of any electrical or other artificial
lighting structures or equipment is prohibited.
8.
Management. A manager shall be designated for each community
garden who shall serve as liaison between the gardeners, nearby property
owners, and the City.
a.
The community garden shall be posted with name and 24-hour contact
phone number of the manager. The posting shall be no less than four
inches by six inches and shall contain, along with the name and 24-hour
contact number, the words "THIS COMMUNITY GARDEN MANAGED BY [INSERT
MANAGER NAME]" and "TO REPORT PROBLEMS OR CONCERNS CALL [INSERT MANAGER
PHONE NUMBER] OR EMAIL [INSERT MANAGER EMAIL ADDRESS]." The posting
shall be placed on a stake of sufficient size to support the posting
in a location that is visible from the street to the front of the
property but not readily accessible to vandals. If vandalized, the
sign shall be promptly replaced. Exterior posting must be constructed
of and printed with weather-resistant materials.
b.
Property owner permission to operate a community garden on subject
property must be granted in writing and available if requested by
the City.
9.
Animals. The keeping or raising of animals shall not be permitted.
10.
Operation. Community gardens shall only be allowed to
be tended between dawn and dusk.
12.
Storage. Material and equipment storage is limited to
those necessary to carry out on-site cultivation and maintenance activities
and shall be screened from the street and adjacent properties by utilizing
landscaping, existing building(s), fencing or storage within structures.
13.
Sales. Sales on-site are limited to incidental sales
of produce grown on-site and subject to the following standards:
a.
Sales within residential zoning districts shall only occur Friday
through Monday from 7:00 a.m. to 7:00 p.m.
b.
Sales within nonresidential zoning districts shall not have day/hour
limitation.
c.
When not in use, produce stands must be removed from the premises
or stored on-site within an enclosed structure or behind screening
consisting of landscaping, fencing or wall obstructing sight from
a public street or adjacent property. Community garden produce stand
operations that do not comply with this standard shall be subject
to a code enforcement action.
B.
Violations. It is unlawful for a property owner or any other
person to establish or operate a community garden that is not in compliance
with the requirements of this section.
(Prior code § 16-365.100; Ord. 011-11 C.S. § 1, eff. 10-27-11; Ord. 2020-09-15-1501 C.S. § 10)
This section provides standards for the use of private property for the purpose of maintaining and operating a market garden/urban farms. Market gardens/urban farms shall be allowed in zoning districts identified in Table 2-2 of Section 16.20.020.
A.
Standards. The following standards apply to all market garden/urban
farms:
1.
Setbacks.
Primary and accessory structures shall comply with the setback requirements
of Title 16 (Development Code).
2.
Maintenance/Cleanup. Weeds and garden refuse shall be disposed
of, at a minimum, on a weekly basis.
3.
Garbage and Compost. Garbage and compost receptacles must
be screened from view from public streets and adjacent properties
by utilizing measures such as landscaping, fencing, or storage within
or behind structures. All garbage shall be removed from the site weekly.
Compost piles and containers shall be set back at least 20 feet from
the property line of a residentially zoned lot.
5.
Development. Installation, operation, or use of structures,
fences, sheds, irrigation systems, sanitary facilities, etc., as accessory
uses, shall be in compliance with this Development Code and all local,
State, and Federal codes and regulations.
6.
Separation. A minimum separation of five feet shall be maintained
between the garden plots and any property line. This separation shall
be maintained so as to be free of any weeds, garden refuse, sheds,
structures, irrigation systems, or other combustible materials, and
shall not be used for storage of any equipment, vehicles, or any other
materials.
8.
Management. A manager shall be designated for each market
garden/urban farm who shall serve as liaison between the gardeners,
property owners, and the City.
a.
The market garden/urban farm shall be posted with name and 24-hour
contact phone number of the manager. The posting shall be no less
than four inches by six inches and shall contain, along with the name
and 24-hour contact number, the words "THIS MARKET GARDEN/URBAN FARM
MANAGED BY______" and "TO REPORT PROBLEMS OR CONCERNS CALL _____."
The posting shall be placed on a stake of sufficient size to support
the posting in a location that is visible from the street to the front
of the property but not readily accessible to vandals. If vandalized,
the sign shall be promptly replaced. Exterior posting must be constructed
of and printed with weather-resistant materials.
b.
Property owner permission must be granted in writing and available
if requested by the City.
9.
Animals. The keeping or raising of animals shall be consistent with Section 16.80.060 of the Stockton Municipal Code.
10.
Operation. Market garden/urban farms shall operate between
the hours of 7:00 a.m. and 7:00 p.m.
12.
Storage. Material and equipment storage is limited to
those necessary to carry out on-site cultivation and maintenance activities
and shall be screened from the street and adjacent properties by utilizing
landscaping, existing building(s), fencing or storage within structures.
13.
Sales. Sales on-site are limited to incidental sales
of produce, flowers, fiber, nuts, seeds, herbs, honey and/or eggs
and limited as follows:
a.
Sales from market garden/urban farms within residential zoning districts
shall occur daily from 7:00 a.m. to 7:00 p.m., unless otherwise stipulated
in conditions of approval (if applicable).
b.
Portable market garden/urban farm produce portable stands must be
removed from the premises or stored inside an on-site structure during
non-operating hours. Portable market garden/urban farm produce stand
operations that do not comply with this standard shall be subject
to a code enforcement action.
c.
Market gardens/urban farms are not exempt from Title 5, Business
Licenses and Regulations, of this code.
(Ord. 2020-09-15-1501 C.S. § 11)
This section provides development standards for the establishment
of convenience stores in zoning districts where they are allowed in
compliance with Table 2-2 (Allowable Land Uses and Permit Requirements).
A.
Parcel Size. The minimum parcel size shall be 15,000 square
feet.
B.
Parcel Frontage. The minimum parcel frontage on a single public
street shall be 150 feet.
C.
Service Stations. The service station (fueling station) portion of the convenience store shall be developed in compliance with Section 16.80.320 (Service stations (fueling stations)).
D.
Off-Street Parking.
(Prior code § 16-365.110; Ord. 023-07 C.S. § 87)
Retail trade or service uses providing drive-in/drive-through
facilities shall be designed and operated to effectively mitigate
problems of traffic, congestion, excessive pavement, litter, noise,
and unsightliness.
A.
Drive-through
aisles shall have a minimum 10-foot interior radius at curves and
a minimum 12-foot width.
C.
Each
entrance to an aisle and the direction of traffic flow shall be clearly
designated by signs/pavement markings.
D.
Each
drive-through aisle shall be separated by curbing and landscaping
from the circulation routes necessary for ingress or egress from the
property or access to a parking space.
E.
Pedestrian
walkways should not intersect the drive-through access aisles, but
where they do, they shall have clear visibility and be emphasized
by enhanced paving or markings.
F.
The
provision of drive-through service facilities shall not justify a
reduction in the number of required off-street parking spaces.
G.
Drive-through
access aisles shall provide at least 100 feet of space before a menu/order
board. Additional menu-only boards may be provided.
H.
Each
drive-through aisle shall be appropriately screened with a combination
of landscaping, low walls, and/or berms to prevent headlight glare
from impacting adjacent residences, streets, and parking lots.
I.
A minimum
eight foot high solid decorative wall shall be constructed on each
property line that adjoins a residentially zoned or occupied parcel.
The design of the wall and the proposed construction materials shall
be subject to the approval of the Director. A minimum five foot landscaping
strip shall be provided between the fence and any driveway which shall
be maintained by the owners, developers, and/or successors-in-interest.
J.
The
size and location of menu boards shall be subject to the discretion
of the operator.
(Prior code § 16-365.120)
This section provides development standards for the establishment of any emergency shelter projects in zoning districts where they are allowed in compliance with the provisions of Division 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards). Nothing in this section modifies the requirements for approval of a religious facility as otherwise provided in this Code.
A.
Separation Between Structures. Developments with multiple
structures shall provide a 12-foot separation between those structures.
B.
Physical Characteristics.
1.
Compliance
with applicable State and Local Uniform Housing and Building Code
requirements.
2.
The
facility shall have on-site security during all hours when the shelter
is open.
3.
Facilities
shall provide exterior lighting on pedestrian pathways and parking
lot areas on the property. Lighting shall reflect away from residential
areas and public streets.
4.
Facilities
shall provide secure areas for personal property.
C.
Maximum Number of Beds per Facility. The maximum number of
beds per facility shall be determined and as allowed by Building and
Fire Codes.
D.
Limited Terms of Stay. The maximum term of staying at an emergency
shelter is six months in a consecutive 12-month period.
E.
Parking. The emergency shelter shall provide off-street parking
at a ratio of two spaces per facility for staff plus one space per
10 occupants allowed at the maximum capacity.
F.
Emergency Shelter Management. A management plan is required
for all emergency shelters to address management experience, good
neighbor issues, transportation, client supervision, client services
and food services. Such plan shall be submitted to and approved by
the Director prior to operation of the emergency shelter. The plan
shall, at minimum, identify the property owner's and operator's names
and contact information, on-site security and anti-loitering measures.
The plan shall include a floor plan that demonstrates compliance with
physical standards of this chapter. The operator of each emergency
shelter shall annually submit the management plan to the Director
with updated information for review and approval. The City Council
may establish a fee by resolution to cover the administrative cost
of review of the required management plan.
G.
Waiting Area. In order to prevent queuing of shelter residents
off site, an on-site intake waiting area shall be provided that is
adequate to accommodate all incoming residents.
H.
Proximity. The proximity of an emergency shelter located next
to another emergency shelter shall be at minimum 300 feet.
I.
Environmental Assessment. Pursuant to Government Code Section
65583(a)(4)(B), permit processing, development, and management standards
applied under this subsection shall not be deemed to be discretionary
acts within the meaning of the California Environmental Quality Act.
J.
Shelter Crisis. In the event that the City Council declares
a shelter crisis, pursuant to California Government Code Section 8698.2,
the following shall apply in regards to emergency/temporary housing:
1.
Temporary Housing. Temporary structures for habitation, including,
but not limited to, trailers, recreational vehicles, manufactured
homes, tiny homes, and similar configurations are permitted on parcels
with the approval of a temporary activity permit.
2.
Application Filing and Processing.
a.
General. In zoning districts that permit emergency shelters by-right, an application for temporary housing shall be filed and processed in compliance with Section 16.164.030(B) (Temporary activities). It is the responsibility of the applicant to provide evidence in support of the findings required by subsection (J)(4) (Findings and decision), below.
b.
Multiple Temporary Units. For proposals that include
multiple temporary housing units on a single parcel, the application
shall also include details of the operations of the use, including,
but not limited to, a description of the following:
i.
Number of proposed units.
ii.
Cooking facilities.
iii.
Sanitation facilities and management thereof.
iv.
Power source and associated noise mitigation.
v.
Site lighting.
vi.
Site security and management, including the number of staff on site
at any given time.
vii.
Location of proposed parking.
viii.
On-going site maintenance.
ix.
Duration of temporary housing.
x.
Clean-up/returning the site to its original condition following termination
of the use.
3.
Development Standards.
a.
Number of Units Permitted. The number of temporary housing
units, either individual, or single-family units, permitted on a parcel
shall be determined through the temporary activity permit process.
b.
Lighting. Adequate external lighting shall be provided for security purposes in compliance with Section 16.32.070.
c.
On-Site Management. For proposals that include multiple
temporary housing units, with five or more units on a single parcel,
at least one facility manager shall be on-site during hours of operation.
d.
Sanitation Facilities. The number of bathrooms and showers
required on site shall be determined through the building permit process,
and shall be consistent with the California Building Code.
e.
Parking. No parking is required for temporary housing.
f.
Water and Wastewater Services. Water and wastewater
service shall be available on the site proposed for temporary housing
structures unless an alternative source is approved by the City of
Stockton Municipal Utilities Department and Cal Water (if applicable)
and complies with any applicable provisions of the California Building
Code.
i.
Water. To protect the public water system, the appropriate
approved backflow device shall be required. Initial testing certification
of backflow devices is required and shall be performed by an entity
as determined by the water purveyor.
ii.
Wastewater. To protect public health, connection to
the wastewater system is required. The City of Stockton Municipal
Utilities Department will determine the appropriate connection requirement.
g.
Electrical Service. Electrical services shall be available
on the site proposed for temporary housing structures unless an alternate
source is approved by the Director, and is in accordance with any
applicable provisions of the California Building and Electrical Codes.
All temporary or permanent electrical service shall be located on
the subject site.
4.
Findings and Decision. A temporary activity permit for temporary housing may be approved by the Director pursuant to Section 16.164.050 (Findings and decision).
5.
Duration of Use. The duration of a temporary housing use shall
be determined by the Director. It shall be the responsibility of the
property owner to ensure that temporary housing units are vacated
in accordance with law on or before expiration of the temporary activity
permit.
(Ord. 2016-04-12-1602 § IV; Ord. 2020-06-09-1501 C.S. § 21)
This section provides development and operational standards for the review and approval of home occupations permits in compliance with Chapter 16.132 (Home Occupation Permits).
A.
Location. The location of the business shall be the principal
residence of the person(s) conducting the business and shall be clearly
incidental and secondary to the use of the property for residential
purposes;
B.
Alterations. Alterations shall not be made which would alter
the character of the residence or change its occupancy classification
in compliance with the Building Code;
C.
Signs. Advertising sign(s), displays of merchandise or stock-in-trade,
or other identification of the business activity shall not be provided
on the premises;
D.
Nuisance Factors. The business shall not create levels of
glare, light, noise, electrical interference, dust, heat, odor, solid
waste, vibration, or other characteristics in excess of that customarily
associated with similar residential uses;
E.
Residents Only. Persons engaged in the business shall be limited
to persons residing on the premises;
F.
Use to Be Enclosed. The business shall be conducted completely
within the enclosed living space of the residence or accessory structure.
If the business is conducted within a garage, the use shall not encroach
within the required parking spaces for the residence. The vehicle
door to the garage shall remain closed while the business activity
is being conducted;
G.
Outside Storage. Equipment, materials, or products associated
with the business shall not be stored outdoors;
H.
Hazardous Materials. The business shall not involve the storage,
sale, or use of explosive, guns, ammunition, or flammable or hazardous
materials as determined by the Fire Department;
I.
Equipment. Gasoline and/or diesel powered engines are not
allowed, and any mechanical or electrical equipment used in the home
occupation shall not use an electrical motor exceeding 15 amps at
110 volts;
J.
Trip Generation. The business shall not generate additional pedestrian or vehicular trips in excess of that customarily associated with the zoning district in which it is to be located. Clients, customers, patrons, or students shall not visit or conduct business at the residence, except as provided by Chapter 16.132 (Home Occupation Permits);
K.
Vehicles. One vehicle that is clearly commercial may be used
as part of the home occupation provided it has a rated carrying capacity
of no more than one ton, the vehicle is parked on-premises when not
in use, and the vehicle is not visible from the right-of-way;
L.
Sale. Merchandise or products shall not be sold upon the premises;
M.
No
more than 10 percent of the habitable area of the dwelling shall be
used for the home occupation, including storage of items used or produced
and equipment. Additional stock used by the business that is not customary
to a residential use shall be stored at an off-premises location (e.g.,
storage facility or other nonresidential location); and
N.
Use of Parking Spaces. Required parking spaces shall be kept
clear and used only for the parking of vehicles owned by persons residing
on the premises.
(Prior code § 16-365.130; Ord. 2020-06-09-1501 C.S. § 22)
A.
Purpose. This section provides development standards for the establishment of facilities providing internment services as defined in Chapter 16.240 (Definitions). The purpose of these standards is to control objectionable effects of funeral facilities and services. These standards shall apply to all new funeral facilities and services or establishments requiring consideration and approval of a use permit or land development permit under the Development Code for the purpose of achieving the following objectives:
1.
Protect
surrounding neighborhoods from potential harmful effects and to minimize
the adverse impacts of nonconforming and incompatible uses.
2.
Ensure
that funeral facilities and services are not the source of undue public
nuisances in the community.
3.
Ensure
that sites for funeral facilities and services are conducted and properly
maintained so that negative impacts generated by these activities
are not harmful to the surrounding environment in any way.
The provisions of this section are intended to complement the
State of California funeral-related laws. The City does not intend
to replace or usurp any powers vested in the California Department
of Consumer Affairs Cemetery and Funeral Bureau.
B.
Standards of Approval.
1.
Location Requirements.
a.
All crematoriums shall be a minimum of 500 feet from any residential
use, school or childcare center. The distance shall be measured from
the nearest portion of the crematorium building to the nearest portion
of the residential, school, or childcare center parcel.
2.
Standards. The following conditions may be imposed by the
applicable Review Authority:
a.
Crematoriums shall be established as either for human or pet purposes
but not both.
b.
Crematoriums may accept bodies from multiple funeral home clients.
c.
All activity relating to the dead shall be handled discreetly and
be screened from public view to the maximum extent possible, including
delivery and storage of the remains.
d.
Crematoriums shall not be used for the disposal of any waste materials.
e.
Crematoriums shall not emit any visible air emissions nor generate
odors which are discernable beyond their lot lines.
f.
The applicant or applicant's representative for a crematorium shall
submit a report on the proposed cremation equipment including emission
control devices and chimney stack height. Such presentation shall
include plans for ongoing emission monitoring and performance testing
and documentation that all emissions fall within accepted industry
practices and meet all applicable State or Federal air quality standards.
g.
Crematoriums shall be constructed, installed, operated and maintained
in accordance with all manufacturers' specifications and all applicable
Federal, State and local permits, as amended.
h.
Prior to the issuance of a certificate of occupancy for any crematorium,
the operator shall provide documentation to the city that all applicable
Federal, State and local permits have been obtained.
(Ord. 2022-07-12-1601-02 C.S. § 24)
This section provides development standards for the establishment
of industrial uses within the IL, limited industrial, and IG, general
industrial, zoning districts that are located on two or more acres.
A.
Applicability. The requirements of this section shall apply
to integrated industrial parks, business parks, and large-scale industrial
developments that are two or more acres in size.
B.
Development Plan. A development plan shall be required for
the new construction or expansion of the industrial use. The site
plan shall constitute the development plan. All future development
shall be in compliance with the development plan for the site.
1.
Content. The development plan, at a minimum, shall include:
a.
Location, size, configuration, and design of any structures, including
buildings, storage containers, trailers, walls/fencing, signs, etc.;
b.
Location, size, and configuration of any outdoor storage, display,
loading and activity area, detention ponds, stationary equipment,
etc.;
c.
Circulation and parking; and
d.
Landscaping and irrigation plans.
2.
Changes to the Development Plan.
C.
Site Planning and Design Standards. Applicable industrial
development shall comply with the following standards:
1.
General. All applicable industrial projects shall comply with
the following:
a.
Setbacks. Except for signs, structures, fences/walls,
and parking areas abutting a public street shall be set back at least
20 feet from any street side property line.
b.
Private Easements. All on-site circulation shall occur on private access easements. If the site consists of multiple parcels, a reciprocal access and parking agreement shall be required in compliance with Section 16.64.050(A) (Joint use of parking facilities).
c.
Landscaping. The required 20-foot setback area abutting
a public street shall be maintained with landscaping as follows:
i.
Landscaping and the associated automatic irrigation system shall be provided and maintained in compliance with Chapter 16.56 (Landscaping Standards);
ii.
The landscaping shall primarily consist of evergreen shrubs and trees
which may be located on berms;
iii.
Trees shall be provided at a rate of one for every 20 linear
feet of landscaped area.
d.
Parking. The number of parking spaces and parking lots shall comply with the requirements of Chapter 16.64 (Off-Street Parking and Loading Standards). For sites with multiple parcels, a reciprocal access and parking agreement shall be required in compliance with Section 16.64.050(A) (Joint use of parking facilities).
e.
Signs. A comprehensive sign program shall be provided in compliance with Section 16.76.050 (Comprehensive sign program). Monument signs shall be allowed within the landscaped street side setback area, subject to a minimum setback of 10 feet and compliance with the other applicable sign standards in Section 16.76.100 (Standards for specific types of on-premises signs).
2.
Adjacent to Residential Zoning Districts. In addition to the
industrial standards in subsection (C)(1) of this section, all industrial
projects adjacent to residential zoning districts shall comply with
the following:
a.
Separated by Public Street. The industrial site or integrated
industrial park shall be separated from the residential zoning district
or noise-sensitive use by a public street. An exception may be granted
by the Director or Commission, as applicable, for sites whose location
or configuration would not allow a public street.
b.
Structure Setback. The setback for any structure adjacent to the residential zoning district shall equal the height of the building, but in no case shall the setback be less than 15 feet. See Figure 3-28, Section 16.80.330 (Shopping centers and large-scale commercial retail uses).
c.
Screening Required. Screening shall be required on the
industrial site along the common property line as follows:
i.
Wall. A solid masonry sound wall or berm and wall with a minimum height of eight feet, or higher if required by an acoustical analysis, shall be constructed and maintained in compliance with Section 16.36.100 (Screening and buffering).
ii.
Landscaping Required. A landscaping strip of at least
10 feet in width shall be provided adjacent to the wall for trees
and shrubs on the industrial site.
(A)
Landscaping shall be designed to visually screen the industrial
development from the residences and to effectively break up the otherwise
long, flat appearance of the wall.
(B)
The use of the landscaped strip for passive activities (e.g.,
lunch area, pedestrian path, etc.) shall be subject to the approval
of the Director.
3.
Service Areas. Service areas (e.g., loading docks, trash areas,
and similar uses) shall be subject to the following:
D.
Incidental Commercial and Service Land Uses. In addition to
the land uses allowed in integrated industrial parks, business parks,
and large-scale industrial developments in Table 2-2 (Allowable Land
Uses and Permit Requirements), two acres of commercial and service
uses may be permitted within a one square mile area to provide retail
and service uses for an industrial zoning district. Uses allowed include
beauty/barber shops, postal facilities, quick copy shops, general
stores, drug store/pharmacy, eating establishments, banking facilities,
or other uses clearly intended for the convenience of area workers.
(Prior code § 16-365.140; Ord. 023-07 C.S. § 88)
Live entertainment shall be allowed within those zoning districts
designated in Table 2-2 (Allowable Land Uses and Permit Requirements)
as a permitted (by-right) use subject to all of the following reasonable
time, place and manner requirements:
A.
To
the extent required by the latest edition of the California Fire Code,
the area used for live entertainment shall be posted by the Fire Department
for maximum occupancy prior to the beginning of the use. If there
is a dance floor, that area shall also be posted for maximum occupancy
prior to the beginning of the use.
B.
To
the extent required by the latest edition of the California Building
Code, any improvements required for the live entertainment use shall
be completed pursuant to a building permit which shall be finalized
prior to the beginning of the use.
C.
Noise decibel levels shall be monitored by the establishment to ensure compliance with the applicable General Plan Noise Standards and the Noise Standards found in Stockton Municipal Code Section 16.60.040.
D.
"No
Loitering" signs shall be posted on the exterior of the establishment
and in the parking lot. The operator of the establishment shall monitor
the area surrounding the establishment to prevent loitering outside
and in the parking lot.
E.
After
10:00 p.m., the establishment shall provide the following number of
State-licensed, uniformed security officer(s) according to the number
of patrons in the establishment:
|
Patrons
|
Security
|
|---|---|
|
0-49
|
0
|
|
50-100
|
1
|
|
101-200
|
2
|
|
201-300
|
3
|
|
Over 300
|
1 additional per every 100 patrons or fraction thereof
|
Security officers shall remain on duty from 10:00 p.m.
until one hour after the live entertainment has ended. Security officers
shall patrol inside and outside the establishment, including the parking
lot.
F.
Doors
and windows shall remain closed during the hours of live entertainment,
except as needed to allow for the normal entry and exit of patrons
to and from the establishment.
(Prior code § 16-365.150; Ord. 023-07 C.S. § 89; Ord. 014-09 C.S. § 3, eff. 11-5-09)
This section provides standards for facilities providing massage
therapy.
A.
The
hours of operation shall be limited to between 7:00 a.m. and 10:00
p.m.
B.
Birth
control or sexually transmitted disease prevention products or devices
shall not be permitted on the premises.
C.
No
treatment/massage shall be administered unless the patron wears clothing
and/or a gown and/or is covered by a sheet or drape that fully covers
the genitals, and breasts if the patron is female.
D.
At
no time shall the patron, or any employee or agent of the establishment,
engage in any touching, arousal, stimulation, or manipulation of the
genitals or breasts of the patron, employee, or agent of the establishment.
E.
All
persons administering a massage shall be fully clothed. The clothing
shall not be transparent or expose the employees' breasts, buttocks,
or genitals. Swim attire shall not be worn unless the person performing
the massage is providing a water-based massage modality approved by
the California Massage Therapy Council. Attire worn in a manner that
constitutes a violation of Section 314 of the California Penal Code;
and/or manner that is otherwise deemed by the California Massage Therapy
Council to constitute unprofessional attire based on the custom and
practice of the profession in California is not allowed.
F.
There
shall be no shower or bathing facilities located on the premises of
a stand-alone massage establishment.
G.
Massages
shall be administered only on standard or portable massage tables,
with the exception of "Thai," "Shiatsu," and similar modalities of
massage therapy, which may be performed on a padded mat on the floor.
Beds, floor mattresses, waterbeds and similar furnishings are not
permitted on the premises of any massage establishment.
H.
No
person or persons shall be allowed to live inside a massage establishment
at any time. Dwellings shall be separate from the massage establishment.
(Prior code § 16-365.155; Ord. 023-07 C.S. § 90; Ord. 014-09 C.S. § 4, eff. 11-5-09; Ord. 011-11 C.S. § 1,
eff. 10-27-11; Ord. 2019-07-16-1502 C.S. § 4)
A.
Retailer Operator Permit—Storefront (Retailer Operator)—Land
Use Process.
1.
Eligible Applicants. To apply for a commission use permit, a retailer operator permit applicant must first be selected from either the general pool or equity pool after submitting an intent to apply. Refer to subsection K of this section.
2.
Commission Use Permit Required. A commission use permit is
required to sell medical or adult-use cannabis at a retail location.
3.
Limitation on Number of Commission Use Permits. In accordance with Section 5.100.080, at no time shall there be in operation within the City more than a total of 14 storefront retailer cannabis businesses.
Commission use permit applications for storefront retailers
shall not be accepted nor processed unless there are less than 14
active operators permits for storefront retailer cannabis business
types.
4.
Operators Permit Required. After acquiring a commission use permit, a retailer operator permit applicant must obtain and maintain at all times a valid cannabis operators permit as required by Chapter 5.100. An operators permit is required whether the retailer intends on selling medical and/or adult-use cannabis.
5.
Zoning Districts. A retailer operator permit shall only be
issued for property located in Commercial, Office (CO), Commercial,
General (CG), Commercial Downtown (CD), Commercial, Large-Scale (CL),
Industrial, General (IG) or Industrial, Limited (IL) zones, as indicated
in Table 2-2. They are also allowed in the Mixed Use (MX) zone.
6.
Location Requirements. The following location requirements
apply to all retailer operator permits:
a.
No retailer operator shall be established or located within 300 feet,
measured from the nearest property lines of each of the affected parcels,
of any existing residential zone or use.
b.
At the time the land use permit is issued, no retailer operator shall
be established or located within 600 feet of any of the following:
d.
For the purpose of this section, distances shall be measured between
the closest property lines of the affected locations.
e.
Applies to subsections (A)(6)(a) and (A)(6)(b) only:
Only those uses established and in operation as of the date
that the application for a retailer operator commission use permit
is determined or deemed to be complete shall be considered for purposes
of determining whether the location requirements are met.
"Established and in operation" means that the use has control
of the location (whether owned or leased), has obtained all required
licenses/permits/etc. and is actively functioning in their specific
business, enterprise, mission, or venture.
7.
Conditions of Approval. The Planning Commission may address development and operational standards through conditions on the commission use permit as it is determined to be necessary or appropriate for the cannabis retailer operator commission use permit under consideration; provided, that conditions shall not conflict with the provisions of Chapter 5.100, relating to operating requirements of retailer operator permit and shall be subordinate to conditions placed on the retailer operator permit issued under Chapter 5.100.
8.
Parking. Off-street parking shall be provided as required
under Chapter 16.64.040, Table 3-9.
9.
Application. The application for a commission use permit for
a retailer operator permit shall include a floor plan, site plan,
and neighborhood context map. The Director may also require more and/or
different information, at his or her discretion.
10.
Pre-Existing Cannabis Dispensaries—Nonconforming. No retailer operator permit operating or purporting to operate without
a valid business license and commission use permit prior to the adoption
of the ordinance codified in this section, shall be deemed to have
been a legally established use under the provisions of this code,
nor shall the operation of such dispensary be deemed a legal nonconforming
use under this title.
11.
Additional Grounds for Revocation of Retailer Operator Permit
Commission Use Permit. In addition to the grounds stated in Section 16.108.030(B) for revocation of a commission use permit, a commission use permit for a retailer operator may be revoked on either of the following grounds in accordance with the procedure under Section 16.108.030(A):
12.
Adult-Use Sales. Existing retailer operator permits in possession of a valid, active commission use permit, may also sell adult-use cannabis by-right with a valid amendment to their retailer operator permit in accordance with Chapter 5.100.
13.
Existing Businesses Prior to July 16, 2019. If a commission
use permit was approved as of July 16, 2019, existing retail operators
whose operations are located in the Industrial, Light (IL) or Industrial,
General (IG) zone shall be permitted to engage in distribution, non-volatile
manufacturing, non-storefront retail (delivery only), and cultivation
by-right. Existing retail operators whose operations are located in
the Commercial, Office (CO), Commercial, General (CG), Commercial
Downtown (CD), Commercial, Large-Scale (CL), or Mixed Use (MX) zones
shall be permitted to engage in non-storefront retail (delivery only)
by-right. Operators must amend their operators permit and city business
license to reflect the additional land-uses included in subsection
(A)(12) above.
14.
Transferability of Land Use. Transferring an existing
retailer operator from existing location to another location shall
comply with the following requirements:
a.
Comply with the location requirements under subsection (A)(6) of
this section;
b.
Voluntarily surrender of a previously-approved commission use permit
at the original/existing location from the property owner. The form
of "Surrender of Use" shall be notarized by a notary public; and
c.
Apply for and obtain a new commission use permit;
d.
Participation in the cannabis lottery is not required;
e.
Equity applicants will be required to comply with requirements in
subsections (K)(5)(a)(vii) and (viii).
B.
Non-Storefront Retail Operator Permit (Delivery Only)—Land
Use Process.
2.
Operator Permit Required. After acquiring an administrative use permit, the non-storefront retail operator (delivery only) must obtain and maintain a valid cannabis business operators permit as required by Chapter 5.100.
3.
Zoning Districts. A non-storefront retail operator permit
(delivery only) shall only be issued for property located within the
Commercial, Office (CO), Commercial, General (CG), Commercial, Downtown
(CD), Commercial, Large-Scale (CL), Industrial, Limited (IL), and
Industrial, General (IG) as indicated in Table 2-2. They are also
allowed in Mixed Use (MX) zones.
4.
Location Requirements. The following location requirements
apply to all non-storefront retail operators (delivery only):
a.
No non-storefront operator shall be established or located within
300 feet, measured from the nearest property lines of each of the
affected parcels, of any existing residential zone or use;
b.
At the time the land use permit is issued, no non-storefront operator
shall be established or located within 600 feet of any of the following:
i.
A public or private academic school for students in kindergarten
through 12th grade, nursery school, preschool, or day-care facility.
ii.
A public park, playground, recreational area, or youth facility.
iii.
Religious facilities.
(A)
Subsection (B)(4)(b)(iii) shall not apply if both the religious
facility and non-storefront retailer are located in an IL or IG zoning
district.
iv.
Drug abuse, or alcohol recovery/treatment facility.
c.
For the purpose of this section, distances shall be measured between
the closest property lines of the affected locations.
d.
Only those uses established and in operation as of the date that
the application for a non-storefront (delivery only) operator use
permit is determined or deemed to be complete shall be considered
for purposes of determining whether the location requirements are
met.
"Established and in operation" means that the use has control
of the location (whether owned or leased), has obtained all required
licenses/permits/etc. and is actively functioning in their specific
business, enterprise, mission, or venture.
5.
Conditions of Approval. The administrator may address development and operational standards through conditions on the administrative use permit as it determined to be necessary or appropriate for the non-storefront operator permit (delivery only) administrative use permit under consideration; provided, that these conditions do not conflict with provisions of Chapter 5.100 relating to operating requirement of non-storefront operators (delivery only) sites and shall be subordinate to conditions placed on the cannabis operators permit issued under Chapter 5.100.
7.
Application. The application for an administrative use permit
for a non-storefront operator site shall include a floor plan, site
plan, and neighborhood context map. The Director may also require
more and/or different information, at his or her discretion.
8.
Pre-Existing Cannabis Non-Storefront Operator (Delivery Only) Sites—Nonconforming. No non-storefront operator (delivery only) operating or purporting
to operate without a valid business license and administrative use
permit prior to the adoption of the ordinance codified in this section,
shall be deemed to have been a legally established use under the provision
of this code, nor shall the operation of such non-store front (delivery
only) operation site be deemed a legal nonconforming use under this
title.
9.
Additional Grounds for Revocation of Cannabis Non-Storefront Operation
(Delivery Only) Site Administrative Use Permit. In addition to the grounds stated in Section 16.108.030(B) for revocation of an administrative use permit, an administrative use permit for a non-storefront operator (delivery only) may be revoked on either of the following grounds in accordance with the procedure under Section 16.108.030(A):
10.
Transferability of Land Use. Transferring an existing
non-storefront operator (delivery only) from existing location to
another location shall comply with the following requirements:
a.
Comply with the location requirements under subsection (A)(6).
b.
Voluntarily surrender a previously-approved administrative use permit
at the original/existing location from the property owner. The form
of "Surrender of Use" shall be notarized by a notary public; and
c.
Apply for and obtain a new administrative use permit.
d.
Participation in the cannabis lottery is not required.
C.
Cultivator Operator Permit Application (Cultivator Operator).
1.
Commission Use Permit Required. A commission use permit is
required to establish or operate a cannabis cultivation operation.
2.
Adult-Use Cannabis Cultivation. A permitted medical cannabis
cultivation site is allowed to grow adult-use cannabis by-right.
3.
Existing Businesses Prior to March 5, 2019. If a commission
use permit was approved as of March 5, 2019, existing cultivator operators
shall be permitted to engage in distribution, non-volatile manufacturing,
and non-storefront retail (delivery only) by-right. Operators must
amend their operators permit and city business license to reflect
the additional land uses included in this subsection.
4.
Operators Permit Required. After acquiring a commission use permit, a cannabis cultivation site must obtain and maintain at all times a valid cannabis operators permit as required by Chapter 5.100.
5.
Zoning Districts. A cultivator operator permit shall only
be issued for property located within the Industrial, Limited (IL),
Industrial, General (IG), Port (PT), or Open Space (OS), as indicated
in Table 2-2. They are also allowed in Mixed Use (MX) zones.
6.
Location Requirements. The following location requirements
apply to all cannabis cultivator operators:
a.
No cultivator operator shall be established or located within 300
feet, measured from the nearest property lines of each of the affected
parcels, of any existing residential zone or use;
b.
No cultivator operator shall be established or located within 600
feet of any of the following:
i.
A public or private academic school for students in kindergarten
through 12th grade, nursery school, preschool, or day-care facility.
ii.
A public park, playground, recreational area, or youth facility.
iii.
Religious facilities.
(A)
Subsection (C)(6)(b)(iii) above shall not apply if both the
religious facility and cultivator are located in an IL or IG zoning
district.
iv.
Drug abuse, or alcohol recovery/treatment facility.
c.
For the purpose of this section, distances shall be measure between
the closest property lines of the affected locations.
d.
Only those uses established and in operation as of the date that
the application for a cultivator commission use permit is determined
or deemed to be complete shall be considered for purposes of determining
whether the location requirements are met.
"Established and in operation" means that the use has control
of the location (whether owned or leased), has obtained all required
licenses/permits/etc. and is actively functioning in their specific
business, enterprise, mission, or venture.
7.
Limit on Growth Square Footage. The cumulative area of total
canopy size on the premises of a cultivator operator shall not exceed
22,000 square feet.
8.
Conditions of Approval. The Planning Commission may address development and operational standards through conditions on the commission use permit as it is determined to be necessary or appropriate for the cultivator operator commission use permit; provided, that conditions do not conflict with the provisions of Chapter 5.100 relating to operating requirements of cultivator operator and shall be subordinate to conditions placed on the cultivator operator permit issued under Chapter 5.100.
10.
Application. The application for a commission use permit
for a cultivator operator shall include a floor plan, site plan, and
neighborhood context map. The Director may also require more and/or
different information, at his or her discretion.
11.
Pre-Existing Cannabis Cultivation Sites—Nonconforming. No cultivator operator operating or purporting to operate without
a valid business license and commission use permit prior to the adoption
of the ordinance codified in this section, shall be deemed to have
been a legally established use under the provisions of this code,
nor shall the operation of such cultivation site be deemed a legal
nonconforming use under this title.
12.
Additional Grounds for Revocation of Cultivator Operator Commission
Use Permit. In addition to the grounds stated in Section 16.108.030(B) for revocation of a commission use permit, a commission use permit for a cultivator operator may be revoked on either of the following grounds in accordance with the procedure under Section 16.108.030(A):
13.
Retail Storefront Operation. If a commission use permit
was approved as of July 16, 2019, existing cultivator operators shall
be permitted to engage in retail storefront operations by-right. Operators
must amend their operators permit and City business license to reflect
the additional land-use included in this subsection.
14.
Transferability of Land Use. Transferring an existing
cultivator operator from existing location to another location shall
comply with the following requirements:
a.
Comply with the location requirements under subsection (A)(6) of
this section;
b.
Voluntarily surrender a previously-approved commission use permit
at the original/existing location from the property owner. The form
of "Surrender of Use" shall be notarized by a notary public; and
c.
Apply for and obtain a new commission use permit;
d.
Participation in the cannabis lottery is not required;
e.
Equity applicants will be required to comply with requirements in
subsection (K)(5)(a)(viii) of this section.
D.
Volatile Manufacturer Operator Permit Applicant (Volatile Manufacturer
Operator).
1.
Commission Use Permit Required. A commission use permit is
required to engage in commercial volatile manufacturing of cannabis.
2.
Operators Permit Required. After acquiring a commission use permit, a volatile manufacturer operator must obtain and maintain at all times a valid cannabis operators permit as required by Chapter 5.100.
3.
Zoning Districts. A volatile manufacturer operator permit
shall only be issued for property located within the Industrial, Limited
(IL), Industrial, General (IG), or Port (PT) as indicated in Table
2-2. They are also allowed in Mixed Use (MX) zones.
4.
Location Requirements. The following location requirements
apply to all cannabis volatile manufacturers.
a.
No volatile manufacturer operator shall be established or located
within 300 feet, measured from the nearest property lines of each
of the affected parcels, of any existing residential zone or use;
b.
No volatile manufacturer operator shall be established or located
within 600 feet of any of the following:
i.
A public or private academic school for students in kindergarten
through 12th grade, nursery school, preschool, or day-care facility.
ii.
A public park, playground, recreational area, or youth facility.
iii.
Religious facilities.
(A)
Subsection (D)(4)(b)(iii) above shall not apply if both the
religious facility and volatile manufacturer are located in an IL
or IG zoning district.
iv.
Drug abuse, or alcohol recovery/treatment facility.
c.
For the purpose of this section, distances shall be measured between
the closest property lines of the affected locations.
d.
Only those uses established and in operation as of the date that
the application for a volatile manufacturer commission use permit
is determined or deemed to be complete shall be considered for purposes
of determining whether the location requirements are met.
"Established and in operation" means that the use has control
of the location (whether owned or leased), has obtained all required
licenses/permits/etc. and actively functioning in their specific business,
enterprise, mission, or venture.
5.
Conditions of Approval. The Planning Commission may address development and operational standards through conditions on the commission use permit as it is determined to be necessary or appropriate for the volatile manufacturer operator commission use permit under consideration; provided, that conditions shall not conflict with the provisions of Chapter 5.100, relating to operating requirements of volatile manufacturer operator and shall be subordinate to conditions placed on the cannabis operators permit issued under Chapter 5.100.
7.
Application. The application for a commission use permit for
a volatile manufacturer operator shall include a floor plan, site
plan, and neighborhood context map. The Director may also require
more and/or different information, at his or her discretion.
8.
Pre-Existing Cannabis Volatile Manufacturers—Nonconforming. No volatile manufacturer operator operating or purporting to operate
without a valid business license and commission use permit prior to
the adoption of the ordinance codified in this section, shall be deemed
to have been a legally established use under the provisions of this
code, nor shall the operation of such manufacturing be deemed a legal
nonconforming use under this title.
9.
Additional Grounds for Revocation of Volatile Manufacturer Operator
Commission Use Permit. In addition to the grounds stated in Section 16.108.030(A):
10.
Transferability of Land Use. Transferring an existing
volatile manufacturer operator from existing location to another location
shall comply with the following requirements:
a.
Comply with the location requirements under subsection (A)(6) of
this section;
b.
Voluntarily surrender a previously-approved commission use permit
at the original/existing location from the property owner. The form
of "Surrender of Use" shall be notarized by a notary public; and
c.
Apply for and obtain a new commission use permit;
d.
Participation in the cannabis lottery is not required;
e.
Equity applicants will be required to comply with requirements in
subsection (K)(5)(a)(viii) of this section.
E.
Non-Volatile Manufacturer Operator Permit Applicant (Manufacturer
Operator).
1.
Commission Use Permit Required. A commission use permit is
required to engage in commercial non-volatile manufacturing of cannabis.
2.
Operators Permit Required. After acquiring a commission use permit, a non-volatile manufacturer operator must obtain and maintain at all times a valid cannabis operators permit as required by Chapter 5.100.
3.
Zoning Districts. A non-volatile manufacturer operator permit
shall only be issued for property located within the Industrial, Limited
(IL), Industrial, General (IG), or Port (PT) as indicated in Table
2-2. They are also allowed in Mixed Use (MX) zones.
4.
Location Requirements. The following location requirements
apply to all cannabis non-volatile manufacturers:
a.
No non-volatile manufacturer operator shall be established or located
within 300 feet, measured from the nearest property lines of each
of the affected parcels, of any existing residential zone or use;
b.
No non-volatile manufacturer operator shall be established or located
within 600 feet of any of the following:
i.
A public or private academic school for students in kindergarten
through 12th grade, nursery school, preschool, or day-care facility.
ii.
A public park, playground, recreational area, or youth facility.
iii.
Religious facilities.
(A)
Subsection (E)(4)(b)(iii) above shall not apply if both the
religious facility and non-volatile manufacturer are located in an
IL or IG zoning district.
iv.
Drug abuse, or alcohol recovery/treatment facility.
c.
For the purposes of this section, distances shall be measured between
the closest property lines of the affected locations.
d.
Only those uses established and in operation as of the date that
the application for a non-volatile commission use permit is determined
or deemed to be complete shall be considered for purposes of determining
whether the location requirements are met.
"Established and in operation" means that the use has control
of the location (whether owned or leased), has obtained all required
licenses/permits/etc. and is actively functioning in their specific
business, enterprise, mission, or venture.
5.
Conditions of Approval. The Planning Commission may address development and operational standards through conditions on the commission use permit as it is determined to be necessary or appropriate for the non-volatile manufacturer operator commission use permit under consideration; provided, that conditions shall not conflict with the provisions of Chapter 5.100, relating to operating requirements of non-volatile manufacturer operator and shall be subordinate to conditions placed on the cannabis operators permit issued under Chapter 5.100.
7.
Application. The application for a commission use permit for
a non-volatile manufacturer operator shall include a floor plan, site
plan, and neighborhood context map. The Director may also require
more and/or different information, at his or her discretion.
8.
Pre-Existing Cannabis Non-Volatile Manufacturers—Nonconforming. No non-volatile manufacturer operator operating or purporting to
operate without a valid business license and commission use permit
prior to the adoption of the ordinance codified in this section, shall
be deemed to have been a legally established use under the provisions
of this code, nor shall the operation of such non-volatile manufacturing
be deemed a legal nonconforming use under this title.
9.
Additional Grounds for Revocation of a Non-Volatile Manufacturer
Operator Commission Use Permit. In addition to the grounds stated in Section 16.108.030(A):
10.
Transferability of Land Use. Transferring an existing
non-volatile manufacturer operator from existing location to another
location shall comply with the following requirements:
a.
Comply with the location requirements under subsection (A)(6) of
this section;
b.
Voluntarily surrender a previously-approved commission use permit
at the original/existing location from the property owner. The form
of "Surrender of Use" shall be notarized by a notary public; and
c.
Apply for and obtain a new commission use permit;
d.
Participation in the cannabis lottery is not required.
F.
Distributor Operator Permit Applicant (Distributor Operator).
1.
Commission Use Permit Required. A commission use permit is
required to establish or operate a distributor operator permit, except
as otherwise noted for existing cannabis cultivations.
2.
Operators Permit Required. After acquiring a commission use permit, distributor operators must obtain and maintain at all times a valid cannabis operators permit as required by Chapter 5.100.
3.
Zoning Districts. A distributor operator permit shall only
be issued for property located within the Industrial, Limited (IL),
Industrial, General (IG), or Port (PT) as indicted in Table 2-2. They
are also allowed in Mixed Use (MX) zones.
4.
Location Requirements. The following location requirements
apply to all distributor operators:
a.
No distributor operator shall be established or located within 300
feet, measured from the nearest property lines of each of the affected
parcels, of any existing residential zone or use;
b.
No distributor operator shall be established or located within 600
feet or any of the following:
i.
A public or private academic school for students in kindergarten
through 12th grade, nursery school, preschool, or day-care facility.
ii.
A public park, playground, recreational area, or youth facility.
iii.
Religious facilities.
(A)
Subsection (F)(4)(b)(iii) above shall not apply if both the
religious facility and distributor are located in an IL or IG zoning
district.
iv.
Drug abuse, or alcohol recovery/treatment facility.
c.
For the purpose of this section, distances shall be measured between
the closest property lines of the affected locations.
d.
Only those uses established and in operation as of the date that
the application for a distributor commission use permit is determined
or deemed to be complete shall be considered for purposes of determining
whether the location requirements are met.
"Established and in operation" means that the use has control
of the location (whether owned or leased), has obtained all required
licenses/permits/etc. and is actively functioning in their specific
business, enterprise, mission, or venture.
5.
Conditions of Approval. The Planning Commission may address development and operational standards through conditions on the commission use permit as it is determined to be necessary or appropriate for the distributor operator commission use permit under consideration; provided, that conditions shall not conflict with the provisions of Chapter 5.100 relating to operating requirements of distributor operator sites and shall be subordinate to conditions placed on the cannabis distributor operators permit issued under Chapter 5.100.
7.
Application. The application for a commission use permit for
a distributor operator site shall include a floor plan, site plan,
and neighborhood context map. The Director may also require more and/or
different information, at his or her discretion.
8.
Pre-Existing Cannabis Distributor Sites—Nonconforming. No distributor operator operating or purporting to operate without
a valid business license and commission use permit prior to the adoption
of the ordinance codified in this section, shall not be deemed to
have been a legally established use under the provisions of this code,
nor shall the operation of such cultivation site be deemed a legal
nonconforming use under this title.
9.
Additional Grounds for Revocation of Cannabis Distributor Site Commission
Use Permit. In addition to the grounds stated in Section 16.108.030(B) for revocation of a commission use permit, a commission use permit for a distributor operator may be revoked on either of the following ground in accordance with the procedure under Section 16.108.030(A):
10.
Transferability of Land Use. Transferring an existing
distributor operator from existing location to another location shall
comply with the following requirements:
a.
Comply with the location requirements under subsection (A)(6) of
this section;
b.
Voluntarily surrender a previously-approved commission use permit
at the original/existing location from the property owner. The form
of "Surrender of Use" shall be notarized by a notary public; and
c.
Apply for and obtain a new commission use permit;
d.
Participation in the cannabis lottery is not required.
G.
Testing Laboratory Operator Permit Applicant (Testing Laboratory
Operator).
1.
Land Use Requirement. Testing laboratories land use is allowed
by-right. All other requirements set forth in this section must be
met.
2.
Operators Permit Required. The testing laboratory operator must obtain and maintain a valid cannabis testing facility permit as required by Chapter 5.100.
3.
Zoning Districts. A testing laboratory operator permit shall
only be issued for property located within the Commercial, Office
(CO), Commercial, Neighborhood (CN), Commercial, General (CG), Commercial,
Downtown (CD), Commercial, Large-Scale (CL), Industrial, Limited (IL),
or Industrial, General (IG), as indicated in Table 2-2. They are also
allowed in Mixed Use (MX) zones.
4.
Location Requirements. The following location requirements
apply to all testing laboratory operators:
a.
No testing operator shall be established or located within 300 feet,
measured from the nearest property lines of each of the affected parcels,
of any existing residential zone or use;
b.
No testing operator shall be established or located within 600 feet
of any of the following:
i.
A public or private academic school for students in kindergarten
through 12th grade, nursery school, preschool, or day-care facility.
ii.
A public park, playground, recreational area, or youth facility.
iii.
Religious facilities.
(A)
Subsection (G)(4)(b)(iii) shall not apply if both the religious
facility and testing laboratory are located in an IL or IG zoning
district.
iv.
Drug abuse, or alcohol recovery/treatment facility.
c.
For the purposes of this section, distances shall be measured between
the closest property lines of the affected locations.
d.
Testing facilities are not allowed to vertically integrate or have
other cannabis business types as a part of the business.
e.
Only those uses established and in operation as of the date that
the application for a testing laboratory operator permit is determined
or deemed to be complete shall be considered for purposes of determining
whether the location requirements are met.
"Established and in operation" means that the use has control
of the location (whether owned or leased), has obtained all required
licenses/permits/etc. and is actively functioning in their specific
business, enterprise, mission, or venture.
6.
Pre-Existing Cannabis Testing Facility Sites—Nonconforming. No testing laboratory operator operating or purporting to operate
without a valid business license and operators permit prior to the
adoption of the ordinance codified in this section, shall be deemed
to have been a legally established use under the provisions of this
code, nor shall the operation of such testing site be deemed a legal
nonconforming use under this title.
7.
Additional Grounds for Revocation of Cannabis Testing Facility Site
By-Right Allowance. The land use rights for a testing laboratory
operator may be revoked on either of the following grounds:
H.
Microbusiness Operator Permit—Land Use Process.
1.
Eligible Applicants. To apply for a microbusiness operator commission use permit, an applicant must first be selected from either the general pool or equity pool after submitting an intent to apply. Refer to subsection K of this section.
2.
Use Permits Required. Based on subtype, the following use
permits are required to establish and operate a microbusiness:
|
RDC
|
RDM
| ||
|---|---|---|---|
|
Retailer OR
|
CUP
|
Retailer OR
|
CUP
|
|
Retailer (Non-Storefront)
|
AUP
|
Retailer (Non-Storefront)
|
AUP
|
|
Distributor OR
|
CUP
|
Distributor OR
|
CUP
|
|
Distributor (Transport Only)
|
CUP
|
Distributor (Transport Only)
|
CUP
|
|
Cultivation (less than 10,000 sq. ft.)
|
CUP
|
Manufacturer (Level 1, Type 6)
|
CUP
|
|
RCM
|
DCM
| ||
|---|---|---|---|
|
Retailer OR
|
CUP
|
Distributor OR
|
CUP
|
|
Retailer (Non-Storefront)
|
AUP
|
Distributor (Transport Only)
|
CUP
|
|
Cultivation (less than 10,000 sq. ft.)
|
CUP
|
Cultivation (less than 10,000 sq. ft.)
|
CUP
|
|
Manufacturer (Level 1, Type 6)
|
CUP
|
Manufacturer (Level 1, Type 6)
|
CUP
|
In the case of microbusinesses only, the multiple commission
use permit application requirement shall be processed as a single
commission use permit application for review and approval by the Planning
Commission.
3.
Operator Permit Required. After acquiring the required use permits, the microbusiness must obtain and maintain a valid cannabis operators permit as required by Chapter 5.100.
In the case of microbusinesses only, a single cannabis business
operators permit application addressing all subtypes (as submitted
by the applicant) shall be processed for review and approval by the
Chief of Police.
4.
Zoning Districts. A microbusiness permit shall only be issued
for property located within the Industrial, Limited (IL) and Industrial,
or General (IG) zones, as indicated in Table 2-2. They are also allowed
in Mixed Use (MX) zones.
A microbusiness permit for a Retail/Distributor/Manufacturer
(RDM) designation shall be allowed within Commercial, Office (CO),
Commercial, General (CG), Commercial, Large-Scale (CL), if the retail
component of the business floor area is 50 percent or more and no
cultivation activities will take place as a part of the business operations.
5.
Location Requirements. The following location requirements
apply to all cannabis microbusiness:
a.
In the case of microbusinesses with non-storefront operator (delivery
only), microbusiness must be located within a fully-enclosed building
and the interior of the building must not be visible from the public
right-of-way;
b.
No microbusiness operator shall be established or located within
300 feet, measured from the nearest property lines of each of the
affected parcels, of any existing residential zone or use;
c.
No microbusiness operator shall be established or located within
600 feet of any of the following:
i.
A public or private academic school for students in kindergarten
through 12th grade, nursery school, preschool, or day-care facility.
ii.
A public park, playground, recreational area, or youth facility.
iii.
Religious facilities.
(A)
Subsection (H)(5)(c)(iii) above shall not apply to DCM microbusiness
subtypes if both the religious facility and DCM microbusiness are
located in an IL or IG zoning district.
iv.
Drug abuse, or alcohol recovery/treatment facility.
e.
For the purpose of this section, distances shall be measure between
the closest property line of the affected locations.
f.
Applies to subsections (H)(5)(b) and (c) of this section only:
Only those uses established and in operation as of the date
that the application for a microbusiness operator commission use permit
is determined or deemed to be complete shall be considered for purposes
of determining whether the location requirements are met.
"Established and in operation" means that the use has control
of the location (whether owned or leased), has obtained all required
licenses/permits/etc. and is actively functioning in their specific
business, enterprise, mission, or venture.
6.
Conditions of Approval. The administrator may address development and operational standards through conditions on the administrative use permit as it is determined to be necessary or appropriate for the microbusiness use permit(s) under consideration; provided, that these conditions do not conflict with provisions of Chapter 5.100 relating to operating requirement of microbusiness sites and shall be subordinate to conditions placed on the cannabis operators permit issued under Chapter 5.100.
8.
Application. The application for a use permit for a microbusiness
site shall include a floor plan, site plan, and neighborhood context
map. The Director may also require more and/or different information,
at his or her discretion.
9.
Pre-Existing Cannabis Microbusiness Sites—Nonconforming. No microbusiness operating or purporting to operate without a valid
business license and required use permit(s) prior to the adoption
of the ordinance codified in this section, shall be deemed to have
been a legally established use under the provision of this code, nor
shall the operation of such microbusiness operation site be deemed
a legal nonconforming use under this title.
10.
Additional Grounds for Revocation of Cannabis Microbusiness
Site Use Permit. In addition to the grounds stated in Section 16.108.030(B) for revocation of a use permit, a use permit for a microbusiness may be revoked on either of the following grounds in accordance with the procedure under Section 16.108.030(A).
11.
Transferability of Land Use. Transferring an existing
microbusiness operator from existing location to another location
shall comply with the following requirements:
a.
Comply with the location requirements under subsection (A)(6) of
this section;
b.
Voluntarily surrender a previously-approved commission use permit
at the original/existing location from the property owner. The form
of "Surrender of Use" shall be notarized by a notary public; and
c.
Apply for and obtain a new commission use permit;
d.
Participation in the cannabis lottery is not required;
e.
Equity applicants will be required to comply with requirements in
subsections (K)(5)(a)(vii) and (viii) of this section.
I.
Prohibition of Certain Cannabis Businesses. The following
cannabis businesses shall be prohibited in the City of Stockton:
1.
Any
cannabis business engaging in the sale of medical or adult-use cannabis
or cannabis products at a location other than that permitted through
cannabis operators permit.
J.
Prohibition of Outdoor Personal Cannabis Cultivation.
1.
Cannabis
cultivation for personal use must be located inside a private residence,
or inside an accessory structure to a private residence located upon
the grounds of a private residence that is fully enclosed and secure.
2.
All
cannabis cultivation for personal use within a private residence must
be conducted in a manner that prevents cannabis plants from being
visible from any street, sidewalk, or other place freely accessible
by the public and prevents the odor of cannabis from permeating beyond
the boundaries of the parcel or property where the indoor cultivation
is occurring.
K.
Limited Cannabis Business Expansion Process—Equity Program.
1.
Program Intent. The goal of the equity program is to promote
equitable business ownership opportunities in the cannabis industry
in order to decrease disparities in life outcomes for marginalized
communities and address the disproportionate impacts of cannabis in
adversely-impacted and lower income communities.
2.
The
City's equity program shall aid those persons from economically disadvantaged
communities that experience high rates of poverty.
3.
To
qualify to be an equity applicant, greater than 50 percent of the
ownership, as determined by equity sharing, for the permit must be:
4.
On
an annual basis, the City of Stockton shall allow for the following
numbers of new permits for cannabis businesses:
a.
Two retailer storefront commission use permits.
b.
Two microbusiness commission use permits.
There are no annual limits (i.e. caps) on the following cannabis
business types: non-storefront retail (delivery only), cultivator,
volatile manufacturer, non-volatile manufacturer, distributor, and
testing laboratory.
5.
Permits
shall be issued in the following manner:
a.
Lottery System.
i.
All applicants, equity and nonequity, shall annually submit an intent
to apply via a City-approved Lottery Application form that provides
the address that the applicant intends to use for the commission use
permit application. The submitted address shall meet all City locational
criteria and zoning requirements. All applications for the year will
be due by a date determined and publicly advertised by the City.
ii.
If the applicant wishes to be designated as an equity applicant,
they must submit verification establishing that over 50 percent of
the business owners, as determined by equity sharing, meet the requirements
as listed. All applicants wishing to be designated as an equity applicant
must do so at the time of submitting an intent to apply for a permit.
iii.
After closing the application process, the City will randomly select one application from the general pool first for each of the following permit types: retail operator, and microbusiness. Then the City will randomly select one application from the equity applicants for each of the following permit types: retail operator, and microbusiness. Equity applicants are placed in the general pool and the equity pool. Lottery winners are then eligible to submit a conditional use permit application in accordance with Chapter 16.168 of this code.
(A)
Selection as lottery winner entitles the applicant to one commission
use permit application submittal.
iv.
All land-use applications are required to be submitted to the City
within 90 days of the date of the notification of winning the cannabis
commercial lottery. Nonsubmittal within the 90-day timeframe shall
be grounds for revocation of lottery winner status.
v.
Lottery winners must show continual good faith efforts to obtain
their commission use permit, per Development Code standards, or else
communicate that they are no longer pursuing the commission use permit
and are withdrawing their lottery application.
vi.
As per subsections (iv) and (v) above, if a lottery winner's status
is revoked for non-submittal, or the applicant decides to withdraw
their lottery application, or the commission use permit is denied
the City shall select at random from the lottery pool of applicants
from which the denied or abandoned application was selected. Successfully
completed lottery applications not initially selected from either
the general or equity pool are considered active until December 31st
of each year.
vii.
"Second Chance" Provision. If a commission use
permit application was denied between the dates of March 31, 2021
and March 31, 2022, the applicant is entitled to one additional (i.e.
"second chance") submittal subject to the following:
(A)
The commission use permit application shall be for the same
cannabis business type as originally proposed.
(B)
The additional submittal shall be deemed a new application and
shall be processed in accordance with all Code requirements in effect
at the time of submittal.
(C)
Submittals under this provision shall be accepted in accordance
with subsection (A)(3) of this section.
viii.
All equity applicants must remain over 50 percent owner of the
cannabis business at least five years from the date of the operators
permit approval.
(A)
Equity applicants may be allowed to sell their interest/business
prior to the five year requirement if they encounter undue financial
hardship. Qualifying undue financial hardship is as follows:
(1)
Equity applicant's debt exceeds the amount earned
monthly to run the business evidenced by a letter explaining the financial
hardship and documentation of financial burden; or
(2)
Equity applicant's debt exceeds the amount earned
monthly to run the business due to circumstances beyond the equity
applicant's control evidenced by a letter explaining the financial
hardship and documentation of the hardship. Circumstances beyond the
equity applicant's control including: injury, illness, natural disasters,
death, divorce, and military deployment.
ix.
Annual Metrics. All equity applicants shall annually
report City-requested metrics for tracking purposes for a minimum
of five years from the date of the operators permit approval.
b.
Exemptions. Cultivators, testing laboratory, non-storefront
retailer, distributor, volatile manufacturer and non-volatile manufacturer
permits shall not be subject to the lottery system as described in
this title. There are no limitations on the number of land use permits
allowed for said commercial cannabis business types.
6.
Equity Applicants. Applicants who qualify as equity applicants,
per the requirement set forth in subsection (K)(3) above, regardless
of cannabis business type are subject to the following additional
resources, provided by the City, subject to availability of resources:
a.
Technical assistance (i.e. entrepreneur seminars or courses, etc.)
b.
Financial incentives (i.e. zero/low interest rate loans, or fee waiver)
Equity applicants that receive either of the resources listed
in subsection (K)(6) shall be required to comply with requirements
in subsections (K)(5)(a)(vii) and (viii).
L.
Administrative Guidelines. In addition to rules and regulations that may be established by the City Council pursuant to Section 16.80.195 of this code, the City Manager may establish and amend administrative guidelines as needed to administer this chapter. The administrative guidelines shall have the force of law and shall be enforceable in the same manner and to the same extent as the provisions of this chapter. The administrative guidelines referenced herein shall be one and the same as those referenced in Section 5.100.300 of this code.
(Ord. 013-10 C.S. § 1,
eff. 9-23-10; Ord. 2013-07-30-1603-01 C.S. § 2; Ord. 2016-06-28-1503-01 C.S. § III; Ord. 2017-11-07-1502 C.S. § 1; Ord. 2018-09-18-1502 C.S. § 20; Ord. 2019-03-05-1501 C.S. § 6; Ord. 2019-07-16-1504 C.S. § 6; Ord. 2022-03-01-1601 C.S. § 6)
This section provides development and operational standards for the establishment of mini-storage or personal storage facilities in nonresidential zoning districts where they are allowed in compliance with the provisions of Division 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards).
A.
Parcel Size. The minimum parcel size shall be 20,000 square
feet.
B.
Setback. Mini-storage facilities shall be set back 15 feet
from the front property line.
C.
Perimeter Wall. A solid masonry wall shall be provided around
the perimeter of the facility. The wall shall be at least six feet
in height when adjacent to nonresidential zones and at least eight
feet in height when adjacent to residential zones, except:
D.
Landscaping. Landscaping shall be provided between perimeter
walls and adjacent residential and street side property lines to effectively
screen the perimeter wall and reduce the visual impact of long, flat
wall surfaces.
E.
Architectural Compatibility. The facility, including perimeter
walls, shall be designed to be architecturally compatible with the
surrounding land uses.
F.
Aisles. Aisles shall be a minimum of 25 feet in width between
structures to provide unobstructed and safe circulation.
G.
Site Paved. Except for structures and landscaping, the site
shall be entirely paved in compliance with the City's standard specifications
and plans.
H.
Business Activity. No business activity of any kind shall
be conducted on the site, other than:
1.
The
rental of storage spaces for inactive storage use;
2.
The
sale of incidental storage supplies (e.g., packing boxes, wrapping
paper);
3.
The
sale of unclaimed items; and
4.
The
rental of up to three personal moving vehicles, provided they are
screened from the public right-of-way and incidental to the mini-storage
facility.
I.
Storage Enclosed. All storage shall be located within a fully-enclosed
structure(s).
J.
Hazardous Material. Flammable or otherwise hazardous materials
shall not be stored on-premises.
K.
Lights. Lighting shall not reflect on any residentially zoned
property.
L.
Manager/Caretaker Quarters. Residential quarters for a manager
or caretaker may be provided in the development.
M.
Parking. Parking shall be provided in compliance with Chapter 16.64 (Off-Street Parking and Loading Standards).
N.
Fire Sprinklers. National Fire Protection Association (NFPA)
13 compliant fire sprinklers and waterflow detection shall be required
on all covered mini-storage facilities.
O.
Mini-Storage Facilities in the Commercial, Downtown (CD) Zone. Mini-storage facilities in the CD zone may be permitted with the
approval of a commission use permit and are limited to 60 percent
of the leasable interior space within an existing building. These
facilities may not be constructed as standalone facilities or new
construction.
1.
Applicability. These standards shall apply to mini-storage
facilities within the CD zone.
2.
Limit. No mini-storage facility may be permitted within one-quarter
(1/4) mile radius of another mini-storage facility within the CD zone,
measured from the edge of the parcel.
3.
Size and Location. All mini-storage facilities in the CD zone
shall comply with the following standards:
a.
The entire operation must be enclosed within the interior of an existing
building and not occupy more than 60 percent of the leasable space
of the entire building.
b.
Ground floor storage uses cannot exceed 70 percent of the leasable
ground floor space.
c.
To maintain street-level activity intended for the CD zoning district,
mini-storage facilities are prohibited from being located along the
building's primary entrance or main street-facing frontage.
4.
Stealthing. Mini-storage facilities in the CD zone are permitted
as an accessory use along the main street-facing frontage. Pedestrian
entry to the storage facility at the main street-facing frontage is
limited to interior access. The building's primary entrance shall
remain pedestrian and retail-service oriented, consistent with the
General Plan policies for downtown activity. A variety of techniques
shall be used to disguise or mitigate the visual presence of the mini-storage
facility, such as blending elements of pedestrian-scale retail storefront
components into the façade of the building including reliefs,
murals, landscaping, transparent display windows, or windows affording
views into retail, office, or lobby space.
5.
Façade Improvements. To create cohesive and well-crafted
building façades with human-scale details that incorporate
textures, colors, and other details that are compatible with and enhance
the surrounding area, facility layout, design, exterior building materials
and treatment for all structures including, but not limited to, fences,
walls, gates, buildings, and landscaping shall be of high quality
and aesthetically pleasing when viewed from adjacent properties and
the public right-of-way. The Secretary of Interior's Standards for
Rehabilitation will apply in cases of historic structures through
the preservation of historic materials and surfaces. Façade
improvements shall be consistent with the Downtown Commercial Design
Guidelines to emphasize a sense of history, unique character, pedestrian
orientation, quality development, safety, art and culture.
a.
Entryways. The entryway to the building shall complement
the building style, the relationship of the building to the site access,
and shall incorporate pedestrian-scaled details, architectural articulation,
and quality craftsmanship. The entrance shall have a clearly defined,
highly visible customer entrance with canopies, porticos, recesses/projections,
arcades, raised corniced parapets over the doors, peaked roof forms,
arches, outdoor patios, display windows, architectural details that
are integrated into the building structure and design, or integral
planters or wing walls that incorporate landscaped areas and/or places
for sitting, as appropriate.
b.
Breaks in Blank Walls. A break in a blank building wall
may be provided by any of the following:
i.
Doors, windows, or other building openings that enhance the architectural
character of the building;
ii.
Building projections or recesses, doorway and window trim or other
details that provide architectural articulation and design interest;
iii.
Varying wall planes, where the wall plane projects or is recessed
at least six inches;
iv.
Non-fabric awnings, canopies, or arcades;
v.
Substantial variations in building materials. For example, adding
brick or stone veneer to a stucco building or changing from vertically-oriented
board and baton style siding to horizontally-oriented lap siding;
or
vi.
A living wall. At least 20 percent of the street-facing building
wall surface area is covered in a directly integrated living wall
or building integrated vegetation. Plans submitted for living walls
and building integrated vegetation must include a long-term maintenance
plan that includes documentable evidence of on-going maintenance and
operation strategies to ensure the long-term viability of the wall.
Living walls and building integrated vegetation must include an integrated
water delivery system.
8.
Hours of Operation. All mini-storage use shall be restricted
to daytime use from 7 a.m. to 10 p.m. as defined by the Stockton Municipal
code.
(Prior code § 16-365.160; Ord. 015-09 C.S., eff. 12-3-09; Ord. 2023-01-24-1601 C.S. § 3)
A.
Location Criteria. Mobilehome parks may be permitted in zoning
districts identified by Table 2-2 (Allowable Land Uses and Permit
Requirements) that comply with the following locational criteria:
1.
Access
to the mobilehome park shall be directly to a major arterial street
or within 500 feet of freeway access ramps (major streets are defined
and located in the Circulation Element of the General Plan).
B.
Development Standards.
1.
General.
a.
State and Federal Requirements. The following local
standards are supplemental to the State of California Mobilehome Act
or Federal Housing Administration (where applicable) standards and
do not relieve the developer from complying with those State or Federal
standards not covered herein. These standards are enforced by the
California Department of Housing and Community Development, Division
of Building and Housing Standards (hereafter "State" regarding this
section).
b.
Waiver of Standards. Any modifications or waivers to
local standards shall be permitted only where the developer can substantiate
to the Planning Commission, or City Council on appeal, that there
are exceptional or extraordinary circumstances preventing compliance
with the standard and where the waiver will not prove detrimental
to the surrounding neighborhood or public welfare.
2.
Mobilehome Park Area and Setback Requirements.
a.
Mobilehome spaces, buildings, parking or recreational areas, and
other structures shall be set back a minimum of 20 feet from all property
lines along public streets.
3.
Signs.
a.
In residential zoning districts, one freestanding ground sign identifying
the name of the mobilehome park shall be permitted at the main entrance
to the park subject to the following limitations:
b.
In commercial zones, the identification signs comply with the sign
regulations of that district.
c.
Directional and similar type signs may be permitted within the mobilehome
park as approved by the Commission.
d.
Outdoor advertising structures (billboards) shall not be permitted
within mobilehome parks.
4.
Parking.
a.
One and one-half (1.5) automobile parking spaces shall be required
for each mobilehome unit. One space shall be required for resident
use and one-half (½) space shall be required for guest parking.
b.
Supplemental storage areas shall be required for boats, campers,
travel trailers, and similar recreational vehicles if such vehicles
are permitted to be kept within the mobilehome park.
5.
Landscaping. All areas outside of the mobilehome park, and not under the authority of the State, shall be landscaped and maintained in accordance with Chapter 16.56 (Landscaping Standards).
6.
Other Improvements.
a.
Complete frontage improvements shall be installed along public rights-of-way
as required by the City Engineer.
b.
Applicable multifamily housing impact fees shall be paid as required
by ordinance.
c.
Storm water drainage, sanitary sewer, and water systems shall be
installed to City standards at locations required by the City Engineer.
d.
All applicable overhead utilities shall be installed underground
pursuant to adopted City standards. Individual overhead utilities
shall not be permitted.
e.
Land shall be dedicated or in-lieu fees paid to the City for neighborhood facilities as required in Section 16.84.080 (Fees).
f.
A six foot high solid masonry wall shall be provided around the entire perimeter of the mobilehome park subject to compliance with the setback requirements of Chapter 16.48 (Fences, Hedges, and Walls) and the engineering specifications of the City Building Code.
g.
Should fire services not be provided by the State, facilities for
fire protection within the mobilehome park shall be installed to City
standards at locations designated by the City Fire Chief.
7.
Operational Standards.
a.
An accessory service use such as a laundromat is permitted within
the mobilehome park, for use of the residents. In mobilehome parks
with 100 or more spaces, incidental business uses may be permitted
as part of the project approval.
b.
Mobilehomes may be sold within the mobilehome park by the owner provided
they are located on a mobilehome space, and not more than one mobilehome
which is for sale shall be placed on any one space.
c.
The renting of mobilehomes in a mobilehome park is prohibited unless
the mobilehome bears the insignia of the State of California Division
of Building and Housing Standards and is licensed by the Division
for this purpose.
8.
Enforcement.
a.
The enforcement agency is the State of California Department of Housing
and Community Development, Division of Building and Housing Standards.
Prior to any construction on a mobilehome park, plans and specifications
shall be submitted and approved by the enforcement agency.
b.
The regulations in this section shall be considered supplementary
to the rules and regulations of the State of California Department
of Housing and Community Development (Title 25, California Administrative
Code, Chapter 5, "Mobilehome Parks, Special Occupancy, Trailer Parks
and Campgrounds").
(Prior code § 16-365.170; Ord. 015-09 C.S., eff. 12-3-09; Ord. 2022-07-12-1601-02 C.S.
§ 25; Ord. 2023-01-10-1203 C.S. § 2)
This section provides development standards for the establishment of low-rise multi-unit residential housing typologies where they are allowed in compliance with the provisions of Division 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards). Low-rise multi-unit residential includes three or less habitable stories above grade. The Citywide design standards shall be applied for all housing types outlined below.
A.
Cottage Courts. Cottage courts, also known as bungalow courts,
shall comply with the provisions of this section and all other applicable
provisions of this Development Code. Where there may be a conflict,
the standards in this section shall prevail.
1.
Definition. A group of three to 10 small (1 to 1.5-story),
detached structures arranged around a shared open space courtyard
visible from the street. The shared courtyard is an important community-enhancing
element and unit entrances should be from the shared court, which
replaces the function of a rear yard. Rear-most building may be up
to two stories. Does not include multifamily or motels. (Formerly
"Dwelling group")
2.
Shared Courtyard. The shared courtyard, or common open space
shall meet the following standards:
a.
A minimum of 150 square feet of open space is required per cottage
unit as part of the shared courtyard, beyond the minimum required
setbacks.
b.
Each area of common open space shall be in one contiguous and usable
piece.
c.
Common open space shall be located in a centrally located area and
be easily accessible to all dwellings within the development.
d.
Fences may not be located within the required common open space areas.
e.
Landscaping located in common open space areas shall be designed
to allow for easy access and use of the space by all residents, and
to facilitate maintenance needs. Where feasible, existing mature trees
should be retained.
f.
Unless the shape or topography of the site precludes the ability
to locate units adjacent to the common open space, at least 50 percent
of the units in the development shall abut the common open space.
4.
Building Design.
a.
Buildings shall carry the same theme on all elevations. For the purposes
of this standard, a theme includes primary (non-accent) materials
and colors.
b.
Affordable units and market rate units in the same development shall
be constructed of the same or similar exterior materials and details
such that the units are not distinguishable.
c.
Trim surrounds shall be provided at all exterior window and door
openings. In lieu of exterior window trim, windows can be recessed
from wall plane by a minimum of three inches.
d.
At least two materials shall be used on any building frontage, in
addition to glazing and railings. Any one material must comprise at
least 20 percent of the building frontage.
e.
A minimum of two features such as balconies, cantilevers, dormers,
bay windows, patios, individualized entries, and accent materials
shall be incorporated into each project building.
f.
A minimum one-foot offset is required for any wall plane that exceeds
30 feet in length.
B.
Duplexes. Duplexes shall comply with the provisions of this
section and all other applicable provisions of this Development Code.
Where there may be a conflict, the standards in this section shall
prevail.
1.
Definition. A small, detached structure that consists of two
dwelling units arranged one above the other, or side by side, with
an entry from the street. This type has the appearance of small-to-medium
single-unit house. This includes duplexes that are side by side and
stacked.
2.
Main Entrance. A duplex located on a corner lot that consists
of two dwelling units arranged side-by-side shall have a main entry
for each from either street corner.
3.
Garages. Must be set back from entrance.
5.
Building Design.
a.
Buildings shall carry the same theme on all elevations. For the purposes
of this standard, a theme includes primary (non-accent) materials
and colors.
b.
Affordable units and market rate units in the same development shall
be constructed of the same or similar exterior materials and details
such that the units are not distinguishable.
c.
Trim surrounds shall be provided at all exterior window and door
openings. In lieu of exterior window trim, windows can be recessed
from wall plane by a minimum of three inches.
d.
At least two materials shall be used on any building frontage, in
addition to glazing and railings. Any one material must comprise at
least 20 percent of the building frontage.
e.
A minimum of two features such as balconies, cantilevers, dormers,
bay windows, patios, individualized entries, and accent materials
shall be incorporated into each project building.
f.
A minimum one-foot offset is required for any wall plane that exceeds
30 feet in length.
C.
Triplex. Triplexes shall comply with the provisions of this
section and all other applicable provisions of this Development Code.
Where there may be a conflict, the standards in this section shall
prevail.
1.
Definition. A small-to medium-sized detached structure that
consists of three dwelling units typically stacked on top of each
other on consecutive floors, with one entry for the ground floor unit
and a shared entry for the units above. This type may not include
a rear yard.
3.
Building Design.
a.
Buildings shall carry the same theme on all elevations. For the purposes
of this standard, a theme includes primary (non-accent) materials
and colors.
b.
Affordable units and market rate units in the same development shall
be constructed of the same or similar exterior materials and details
such that the units are not distinguishable.
c.
Trim surrounds shall be provided at all exterior window and door
openings. In lieu of exterior window trim, windows can be recessed
from wall plane by a minimum of three inches.
d.
At least two materials shall be used on any building frontage, in
addition to glazing and railings. Any one material must comprise at
least 20 percent of the building frontage.
e.
A minimum of two features such as balconies, cantilevers, dormers,
bay windows, patios, individualized entries, and accent materials
shall be incorporated into each project building.
f.
A minimum one foot offset is required for any wall plane that exceeds
30 feet in length.
D.
Fourplexes. Fourplexes shall comply with the provisions of
this section and all other applicable provisions of this Development
Code. Where there may be a conflict, the standards in this section
shall prevail.
1.
Definition. A detached structure with four dwelling units
under one roof that has the appearance of a medium-sized single-unit
house, either stacked with two units on the ground floor and two above,
with a shared entry from the street, or otherwise connected under
one roof.
2.
Open Space. A minimum of 150 square feet of private open space
is required per fourplex unit, beyond the minimum required front-yard,
rear-yard, and side-yard setbacks.
3.
Garages. Must be set back from entrance.
5.
Building Design.
a.
Buildings shall carry the same theme on all elevations. For the purposes
of this standard, a theme includes primary (non-accent) materials
and colors.
b.
Trim surrounds shall be provided at all exterior window and door
openings. In lieu of exterior window trim, windows can be recessed
from wall plane by a minimum of three inches.
c.
At least two materials shall be used on any building frontage, in
addition to glazing and railings. Any one material must comprise at
least 20 percent of the building frontage.
d.
A minimum of two features such as balconies, cantilevers, dormers,
bay windows, patios, individualized entries, and accent materials
shall be incorporated into each project building.
e.
A minimum one foot offset is required for any wall plane that exceeds
30 feet in length.
(Ord. 2023-01-10-1203 C.S. § 3)
This section provides development standards for the establishment of any multifamily residential projects in zoning districts where they are allowed in compliance with the provisions of Division 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards).
A.
Separation Between Structures. Developments with multiple
structures shall provide a 12-foot separation between those structures.
B.
Setbacks. The rear elevation of the dwelling units may face
the required side yards provided the side yards are increased to 10
feet.
C.
Usable Open Space.
1.
Common Open Space. For each dwelling unit, 100 square feet
of usable open space 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.
2.
Private Open Space. A minimum of 40 square feet, a minimum
of four feet in width, shall be provided for each unit to provide
private open space. The area may include patios, balcony, decks, or
similar uses. The footage provided for private open space may be applied
to the common open space requirement.
D.
Landscaping.
1.
Requirements. At least 20 percent of the gross lot area shall be landscaped and maintained with lawn, ground cover, shrubs, and trees. All front, rear, and side yards along the street side shall be landscaped in compliance with Chapter 16.56 (Landscaping Standards). The landscaping shall be maintained by the owners, developers, and/or successors-in-interest.
2.
Plan. A comprehensive landscape and irrigation plan shall
be submitted with the plot plan for approval by the Director.
E.
Fencing. A solid eight foot high fence of wood, masonry, or other suitable material that has been designed and built to control graffiti in compliance with Section 16.32.060 (Graffiti), as approved by the Director, shall be installed along the interior property lines to within 15 feet of the street side property lines. Additional fencing in compliance with Chapter 16.48 (Fences, Hedges, and Walls) may be installed.
F.
Lighting. Safety and security lighting for parking areas and
buildings shall not reflect on adjacent residential properties and
shall be confined to ground lighting wherever possible.
G.
Refuse Disposal. The refuse collection areas shall be clearly designated on the plot 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.
H.
Parking.
1.
Parking
areas and driveways shall be designed, surfaced, drained, and striped
in compliance with City standards contained in the City's standard
specifications and plans.
2.
Parking stalls, driveways, and parking lots shall be in compliance with parking area standards in the City's standard specifications and plans and Chapter 16.64 (Off-Street Parking and Loading Standards).
3.
Parking
areas shall be designed so that an unobstructed pedestrian access
way at least three feet in width is provided between the public right-of-way
and the dwelling units.
4.
Parking
areas shall be located no further than 200 feet from the dwelling
units to be served as measured from the midpoint of the parking areas
to the closest entrance doors of the dwelling unit to be served.
5.
Each
space shall be designed so it is not unduly restricted from ingress
or egress due to obstructions, turning radius, or requiring more than
two turning maneuvers.
6.
Parking
spaces shall be designed to prohibit automobiles from backing into
the street when exiting from the site.
7.
Parking
shall not be allowed in the required front yard.
I.
Landscape Maintenance Plan and Management Plan/Agreement. A
landscape maintenance plan and a management plan/agreement for the
project shall be required, reviewed, and approved by the Director,
the City Attorney, the City Landscape Architect, and the Housing Director
prior to issuance of any building permit. The approved landscape maintenance
plan and management plan/agreement shall be recorded by the property
owner/developer in the office of the County Recorder and a copy shall
be filed with the Department within 30 days of the issuance of a building
permit. All recording expense shall be paid by the property owner/developer.
(Prior code § 16-365.180; Ord. 012-07 C.S. § 3; Ord. 023-07 C.S. § 91; Ord. 001-08 C.S. § 22; Ord. 015-09 C.S., eff. 12-3-09)
This section provides standards for the establishment of co-living facilities in zoning districts where they are allowed in compliance with the provisions of Division 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards).
A.
Co-Living (Dwelling Unit Facility).
Co-Living (Lodging Facility).
Definitions.
A permanent housing facility consisting of single-room occupancy
units, where each bedroom is considered a separate living quarter
to be occupied by permanent residents.
A temporary lodging facility consisting of single-room occupancy
units, rented to the public for overnight or other temporary lodging
(less than 30 days).
B.
Development Standards.
1.
Partial or Complete Kitchen and Bath Facilities.
a.
If individual bath facilities are not provided, there shall be provided
on each floor, for each sex, at least one water closet and lavatory
and one bath, accessible from a public hallway. Additional water closets,
lavatories and baths shall be provided on each floor for each sex
at the rate of one for every additional 10 guests or fractional number
thereof more than 10. Such facilities shall be clearly marked for
"men" or "women." As an alternative, adequate unisex facilities may
be provided.
b.
If individual kitchen facilities are not provided, common kitchen
facilities must be provided that adequately serve the residents of
the co-living unit facility. Additional requirements may be imposed
by the Review Authority.
c.
For purposes of this section, a partial bathroom contains a water
closet and sink which may be utilized for both hygiene and cooking
purposes.
d.
A full kitchen contains all of the following: a sink, a refrigerator,
and a stove, range top or oven. A partial kitchen is missing at least
one of these facilities.
2.
The
Review Authority shall deny the application where the information
submitted by the applicant and/or presented at the public hearing
fails to satisfactorily substantiate that the project will comply
with these criteria.
3.
Excluding
the closet and the bathroom area, a co-living unit must contain a
minimum of 150 square feet in floor area. The average unit size in
a co-living unit facility shall be no greater than 275 square feet
and no individual living unit may exceed 400 square feet.
4.
Each
co-living unit shall be designed to accommodate a maximum of two persons.
5.
Individual
co-living units may not have separate external entryways.
6.
The
co-living unit facility must have a management plan approved by the
Housing Division.
7.
Laundry
facilities must be provided in a separate room at the ratio of one
washer and one dryer for every 20 units or fractional number thereof.
8.
A
cleaning supply storeroom and/or utility closet with at least one
laundry tub with hot and cold running water must be provided on each
floor of the living unit building.
(Ord. 2020-12-01-1502 C.S. § 30)
This section provides standards for the development of multi-use facilities on a single parcel in zoning districts where they are allowed in compliance with the provisions of Division 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards).
A.
Mix of Uses. Multi-use projects that provide commercial and/or
office space on the ground floor with residential units above (vertical
mix) are encouraged over projects that provide commercial structures
on the front portion of the lot with residential uses placed at the
rear of the lot (horizontal mix).
B.
Location of Units. Residential units may not occupy ground
floor space within the first 50 feet of a parcel measured from the
front property line or any ground floor space.
C.
Parking. Separate parking facilities shall be provided for residential uses and commercial uses. The number of parking spaces shall be in compliance with the requirements in Chapter 16.64 (Off-Street Parking and Loading Standards). Residential visitor parking and commercial parking may be located in the same location/facility.
D.
Loading and Refuse Areas. Commercial loading areas and refuse storage facilities shall be located as far as possible from residential units and should be completely screened from view from the residential portion of the project and streets in compliance with Section 16.36.100 (Screening and buffering).
E.
Lighting. Lighting for the commercial uses shall be appropriately
shielded so as not to spill over into adjacent residential areas,
the project's residential area, or impact residential units in any
way.
F.
Sound Mitigation. All residential units shall be designed
to be sound attenuated against present and future project noise. New
projects, additions to existing projects, or new nonresidential uses
in existing projects shall provide an acoustical analysis report,
by an acoustical engineer, describing the acoustical design features
of the structure required to satisfy the exterior and interior noise
standards.
G.
Hours of Operation. In multi-use projects, nonresidential
uses shall be restricted from operation between the hours of 10:00
p.m. to 7:00 a.m., except as otherwise provided by a use permit.
H.
Joint Owners' Association. A joint tenant/owner's association
shall be formed to ensure the well-being of each tenant on site. The
association shall be formed of equal voting rights according to type
of use (i.e., residential, commercial, office). The association's
bylaws shall include the following: determination of the maintenance
and landscaping responsibilities, trash facility responsibilities,
parking facility maintenance responsibility, assignment of parking
spaces per each use, relationship between uses regarding association
representation, voting procedures, and ways that problems are solved
between the different uses. The association bylaws shall be subject
to review by the City Attorney and approval by the Director.
I.
Design Considerations. The design of mixed-use projects shall:
1.
Demonstrate Internal Compatibility Between the Different Uses. In order to properly mix residential and nonresidential uses on
the same site, potential noise, odors, glare, pedestrian traffic,
or other significant impacts shall be reduced to a level of insignificance.
2.
Ensure that the Residential Units are of Residential Character. The design of the project shall ensure that privacy between residential
units and between other uses on the site are maintained. The design
of the structures and site shall encourage integration of the street
pedestrian environment with the nonresidential uses through the use
of plazas, courtyards, walkways, and street furniture.
(Prior code § 16-365.200)
This section provides development standards for the establishment
of office uses on two or more acres that are adjacent to residential
zoning districts or noise-sensitive use.
A.
Plan. A plan of the site shall be required for office development.
B.
Standards. The office development shall comply with the following:
1.
Separated by Public Street. The office site shall be separated
from a residential zoning district or noise-sensitive use by a public
street. An exception may be granted by the Director or Commission,
as applicable, for sites whose location or configuration would not
permit a street;
2.
Private Easements. All on-site circulation shall occur on
private access easements. If the site consists of multiple parcels,
a reciprocal access and parking agreement shall be recorded by the
property owners and a copy filed with the City;
3.
Structure Setback. The setback of any structure adjacent to
a residential zoning district shall be set back at least 15 feet.
4.
Screening Required. Screening shall be required on the office
site along the common property line as follows:
a.
Wall. A solid masonry sound wall with a minimum height of eight feet, or higher if required by an acoustical analysis, shall be constructed and maintained in compliance with Section 16.36.100 (Screening and buffering).
b.
Landscaping Required. A landscaping strip shall be provided
adjacent to the wall on the office site with the intention of providing
a planting area for trees and shrubs.
i.
Landscaping shall be designed to visually screen the office development
from the residences and to effectively break up the otherwise long,
flat appearance of the wall.
(A)
Landscaping shall be provided and maintained in compliance with Chapter 16.56 (Landscaping Standards);
(B)
The landscaping should primarily consist of evergreen shrubs
and trees which may be located on berms; and
(C)
Trees shall be provided at a rate of one for every 20 linear
feet of landscaped area.
ii.
The use of the landscaped strip for passive activities (e.g., lunch
area, pedestrian path) shall be subject to the approval of the Director.
5.
Service Areas. Service areas (e.g., loading docks, trash areas,
shopping cart storage, and similar uses) shall require:
a.
Service areas to not encroach into the required setback between the
industrial use and a residential zoning district/noise-sensitive use;
b.
Loading and unloading areas to be oriented away from street side elevations whenever possible and shall be screened from public view in compliance with Section 16.36.100 (Screening and buffering);
(Prior code § 16-365.210)
Outdoor dining and seating areas on private property (for public property see Section 16.72.127 (Revocable permit)) are allowed subject to the approval of a land development permit, in compliance with Chapter 16.136 and the following standards:
A.
Alcoholic Beverage Sales. Areas in which alcoholic beverages
are served shall comply with the standards established by the State
Department of Alcoholic Beverage Control.
B.
Parking Requirements. Outdoor dining and seating areas parking requirements shall be calculated in compliance with Chapter 16.64 (Off-Street Parking and Loading Standards) for restaurants. No additional parking shall be required for any dining or seating area within the right-of-way for purposes of calculating the required number of parking spaces.
C.
Cleanup Facilities. Outdoor dining areas, whether part of
a single restaurant or shared by several restaurants, shall provide
adequate cleanup facilities, and associated procedures, in the following
manner.
1.
Cleaning Schedule. Outdoor dining areas shall be cleaned on
a continual basis for removal of litter and food items which constitute
a nuisance to public health and safety; and
2.
Waste Receptacles. Outdoor dining areas shall contain waste
receptacles, which shall not be allowed to overflow, for use by the
public and/or restaurant employees.
D.
Compatibility. To ensure compatibility with surrounding uses
and a high standard of quality, the following standards shall apply:
1.
Compatible Elements. Outdoor dining and seating areas and
associated structural elements, awnings, covers, furniture, umbrellas,
or other physical elements that are visible from public rights-of-way,
shall be compatible with the character of the main structure(s);
3.
Pedestrian Experience. The use of awnings, plants, umbrellas,
and other human scale elements is encouraged to enhance the pedestrian
experience;
4.
Potential Impacts. Outdoor dining and seating areas and their
relation to churches, hospitals, public schools, and residential uses
shall be considered by the Review Authority. Proper mitigation measures
shall be applied to eliminate potential impacts related to glare,
light, loitering, and noise;
5.
Obstructions. Outdoor dining and seating areas shall not obstruct
vehicular or pedestrian traffic flow and not necessitate the removal
of existing pedestrian or vehicular movement areas; and
6.
Barriers. Appropriate barriers shall be placed between outdoor
dining and seating areas and parking, traffic, and public and private
streets.
(Prior code § 16-365.220; Ord. 015-09 C.S., eff. 12-3-09; Ord. 2022-07-12-1601-02 C.S.
§ 26)
This section provides development and operational standards for outdoor uses, including temporary outdoor display and sales in compliance with subsection A of this section (Temporary outdoor displays and sales), and permanent outdoor display and sales in compliance with subsection B of this section (Permanent outdoor displays and sales). Outdoor uses on public property within the public right-of-way shall require an encroachment permit in compliance with Section 16.72.125 (Encroachment permit).
A.
Temporary Outdoor Displays and Sales. Temporary outdoor displays and sales may be allowed subject to the requirements and approval of a temporary activity permit (Chapter 16.164) in compliance with the following standards:
1.
Fixed Period of Time. The permit shall identify a fixed period
of time for the display or sale, or where not identified, the display
or sale shall not exceed two days for a temporary event;
2.
Nuisance Factors. Regulation of nuisance factors including
prevention of glare or direct illumination on adjacent parcels, dirt,
dust, gases, heat, noise, odors, smoke, waste, and vibration shall
be required;
3.
Operating Hours. The permit shall regulate operating hours
and days;
4.
Parking. Adequate temporary parking facilities, pedestrian and vehicular circulation, including vehicular ingress and egress and public transportation, if applicable, shall be provided in compliance with Chapter 16.64 (Off-Street Parking and Loading Standards);
5.
Performance Bond. Submission of a performance bond or other
surety measures, satisfactory to the Director, may be required to
ensure that any temporary facilities or structures used would be removed
from the site within seven days following the termination of the event,
and to ensure that the property would be cleaned of debris and litter
so as to be completely free of all evidence of the temporary activity;
6.
Sanitary Facilities. Sanitary facilities, as identified in
the permit, shall be provided;
7.
Security. Provisions for security and safety measures, as
identified in the permit, shall be provided;
8.
Setbacks. Appropriate setbacks shall be maintained to ensure
adequate separation from adjacent land uses and a safe environment
for pedestrians and vehicles;
10.
Temporary Structures. Regulation of temporary structures
and facilities shall be required, including location, height and size,
and location of equipment and open spaces, including buffer areas
and other yards;
11.
Waste Collection and Disposal. Solid, hazardous, and
toxic waste collection, recycling, and/or disposal shall be provided;
12.
Other Conditions. Any other conditions that would ensure
the operation of the proposed temporary event in an orderly and efficient
manner shall be required; and
13.
Point of Sale. A point of sale agreement shall be required
for the sale of all merchandise sold outdoors.
B.
Permanent Outdoor Displays and Sales. The permanent outdoor
display/sale of merchandise shall comply with applicable permits and
the following standards:
1.
Height of Displayed Materials. The outdoor display of merchandise
shall not exceed a height of 10 feet above finished grade.
2.
Location of Merchandise. Displayed merchandise shall occupy
a fixed, specifically approved and defined location that does not
disrupt the normal function of the site or its circulation, and does
not encroach upon driveways, landscaped areas, parking spaces, or
pedestrian walkways. Displays shall not obstruct traffic sight areas
or otherwise create hazards for vehicle or pedestrian traffic;
3.
Relationship to Main Use. The outdoor display and sales area
shall be directly related to a business occupying a primary structure
on the subject parcel;
4.
Screening Required. Outdoor sales and activity areas shall be screened from adjacent public rights-of-way by decorative walls, fences, and/or landscaping in compliance with Section 16.36.100 (Screening and buffering). This requirement shall not apply to:
a.
Plant nurseries;
b.
Vehicle, boat, motorcycle, or recreational vehicle sales;
c.
Limited on-site walkway displays adjacent to commercial development
greater than 50,000 square feet; or
d.
Outdoor displays of tires for sale shall be permitted provided the
display does not exceed 42 inches in height and is no more than a
total of 40 linear feet in length;
5.
Signs. Additional signs, beyond those normally allowed for
the subject use, shall not be provided as a result of the outdoor
display and sales area;
6.
Operating Hours. The hours of operation shall be restricted
to 8:00 a.m. to 10:00 p.m., if within 300 feet of a residential zoning
district, or as identified in a permit;
7.
Waste Collection and Disposal. Solid, hazardous, and toxic
waste collection, recycling, and/or disposal shall be provided;
8.
Other Conditions. Any other conditions that would ensure that
the proposed use will be operated in an orderly and efficient manner
shall be required.
(Prior code § 16-365.230; Ord. 015-09 C.S., eff. 12-3-09; Ord. 2020-09-15-1501 C.S. § 12)
This section provides criteria for the establishment of uses identified as "problem uses" as defined in Division 8, subject to the approval of a Commission use permit in compliance with Chapter 16.168 (Use Permits):
A.
Purpose. To prevent the blight and deterioration caused by
problem uses upon surrounding areas in all parts of the City as well
as to encourage downtown revitalization by dispersing such activities
to minimize their adverse impacts.
B.
Criteria. The following criteria shall be considered for problem
uses:
1.
The
proposed use with respect to the proximity and type of other problem
uses;
2.
The
effect of dispersal or concentration of problem uses in the general
area;
3.
The
effect that the proposed use is likely to have on the neighborhood;
4.
The
noise, traffic, and/or visual impacts, as well as other relevant factors,
on the compatibility of the proposed use with the surrounding institutional,
business, and residential uses;
5.
The
potential of the proposed use to create or increase loitering or vandalism
in the area; and
6.
The
degree that traffic safety, both on-and off-site, will be adversely
affected by the proposed activity.
C.
Findings. The Commission shall consider the criteria in subsection B of this section, and make the findings in compliance with Section 16.168.050(B) (Findings and decision—Problem uses) before a use permit can be approved.
(Prior code § 16-365.240)
This section provides development and operational standards for the establishment of produce stands to provide a method for allowing growers of produce that is grown on the site to market their goods directly to consumers and to protect and maintain public health, safety, and welfare. Produce stands do not include Christmas/holiday sales facilities, including Christmas tree lots or pumpkin patches (Section 16.80.130) and farmers' markets in compliance with Chapter 16.164 (Temporary Activity Permits).
A.
Accessory Use. A produce stand shall be allowed only as an
accessory use to an agricultural production use on the same or adjacent
site. At least 50 percent of the area of the site shall be devoted
to agricultural production. The operator of the produce stand shall
be the owner or lessee of the land where the agricultural production
occurs.
B.
Laws and Regulations. Produce stand operations (including
agricultural operations) shall be subject to the laws and regulations
administered by other City departments, San Joaquin County Public
Health Services, Environmental Health Department, San Joaquin County
Agricultural Commissioner's Office, as well as the requirements of
other applicable agencies (e.g., the San Joaquin Valley Unified Air
Pollution Control District, California Department of Transportation
(CalTrans), and the California Department of Food and Agriculture).
C.
Application. An appropriate application shall be filed with
the department as provided below.
1.
Permit Required. A temporary activity permit in compliance with Chapter 16.164 (Temporary Activity Permits) shall be required for a produce stand, except that a land development permit shall be required for any community garden with retail sales of produce grown on the site.
2.
Site Plan. A site plan shall accompany the application showing:
a.
The location and dimensions of the proposed temporary structures,
parking areas (with each parking space illustrated), signs, portable
restroom(s), and other temporary improvements;
b.
Location of ingress and egress points;
c.
Setbacks of structures and signs from property lines; and
d.
A north (compass) orientation, adjacent streets, and identifying
physical features where applicable.
3.
Period of Operation. A statement of proposed days/hours of
operation and the proposed beginning and ending date of the use shall
be provided with the application. The time period allowed for each
produce stand shall be the same as, or less than, the harvest season
related to the produce grown and sold on-premises.
D.
Standards.
1.
Only
one produce stand shall be allowed per parcel.
2.
The produce stand shall be set back in compliance with the regulations in the zoning district in which the use is located, except as otherwise permitted in Section 16.80.130 (Community gardens).
3.
Parking
shall be provided as follows:
a.
A minimum of three off-street parking spaces shall be provided;
b.
An all-weather surface or compacted crushed rock, compacted crushed
asphaltic concrete, compacted crushed Portland cement concrete or
equivalent surface shall be provided for the vehicle ingress, egress,
circulation, and off-street parking areas, subject to the approval
of the City Engineer.
4.
The
surface for the produce stand site shall be constructed and maintained
in a manner that prevents mud/dirt from being carried onto adjacent
public streets and prevents fugitive dust generation in compliance
with City standards and San Joaquin Valley Unified Air Pollution Control
District, Regulation VIII—Fugitive Dust Prohibitions.
5.
There
shall be safe ingress and egress for the site as determined by review
of the City Engineer.
7.
A
building permit shall be required for all structures larger than 120
square feet.
8.
Structures/accessory
structures/appurtenances deemed by the Director to have the potential
to adversely affect the life, safety, and/or welfare of the public
shall not be allowed, regardless of size.
9.
No
permanent electrical wiring or hookups of any kind are allowed.
10.
Produce stand establishment and operation shall comply with all applicable
sections of the latest edition of the California Building Code and
the California Fire Code (CFC), Chapter 24.
11.
The parcel on which the produce stand is located shall be kept clean
of trash and debris at all times.
12.
The parcel on which the produce stand is located shall be completely
free of all evidence of the use within seven days following the termination
of the use. Produce stand operations that do not comply with this
standard shall be subject to a code enforcement action.
13.
If restrooms are provided, they shall conform to all applicable rules,
regulations, and codes of the San Joaquin County Public Health Services,
Environmental Health Department, and any other requirements governing
the use of these facilities.
14.
Agricultural products may not be sold from a motorized vehicle.
(Prior code § 16-365.250; Ord. 023-07 C.S. § 92; Ord. 015-09 C.S., eff. 12-3-09; Ord. 011-11 C.S. § 1,
eff. 10-27-11; Ord. 2020-09-15-1501 C.S. § 13)
This section provides development and operational standards
for produce stands when associated with an urban agriculture use and
to provide a method for allowing growers of produce that is grown
on-site to sell said produce in a form and scale that is appropriate
for the urban context and to protect and maintain public health, safety,
and welfare.
Urban agriculture produce stands do not include Christmas/holiday sales facilities, including Christmas tree lots or pumpkin patches (Section 16.80.130), farmers' markets in compliance with Chapter 16.168 (Temporary Activity Permits), market garden/urban farms in compliance with Section 16.80.135, and community gardens in compliance with Section 16.80.130.
A.
Accessory Use. An urban agriculture produce stand shall be allowed only as an accessory use subject to Section 16.80.020(C) and the operator of the stand shall be the owner or lessee of the land where the urban agricultural production occurs.
B.
Laws and Regulations. Urban agriculture produce stand operations
(including agricultural operations) shall be subject to the laws and
regulations administered by other City departments, San Joaquin County
Public Health Services, Environmental Health Department, San Joaquin
County Agricultural Commissioner's Office, as well as the requirements
of other applicable agencies (e.g., the San Joaquin Valley Unified
Air Pollution Control District, California Department of Transportation
(CalTrans), and the California Department of Food and Agriculture).
C.
Operating Hours. Urban agriculture produce stands shall only
be allowed to operate between dawn and dusk.
D.
Standards.
1.
Only
one urban agriculture produce stand shall be allowed per parcel.
2.
The
urban agriculture produce stand shall be set back a minimum five feet
from all property lines.
3.
Signs
for urban agriculture produce stands shall be consistent with Section
16.76.040(D)(3)(b) (Garage sale signs) of this code. All signs shall
be located outside of the public right-of-way.
4.
A
building permit shall be required for all structures larger than 120
square feet.
5.
Structures/accessory
structures/appurtenances not requiring a building permit and deemed
by the Director to have the potential to adversely affect the life,
safety, and/or welfare of the public shall not be allowed, regardless
of size.
6.
No
permanent electrical wiring or hookups of any kind are allowed.
7.
Urban
agriculture produce stand establishment and operation shall comply
with all applicable sections of the latest edition of the California
Building Code and the California Fire Code (CFC), Chapter 24.
8.
The
parcel on which the urban agriculture produce stand is located shall
be kept clean of trash and debris at all times.
9.
When
not in use and/or during non-operating hours, the urban agriculture
produce stand shall be stored away from view from the public right-of-way
and adjacent properties. Noncompliance with this standard shall be
subject to enforcement action subject to Title 1.
10.
If restrooms are provided, they shall conform to all applicable rules,
regulations, and codes of the San Joaquin County Public Health Services,
Environmental Health Department, and any other requirements governing
the use of these facilities.
11.
Agricultural products may not be sold from a motorized vehicle.
E.
Exemptions.
1.
Urban agriculture produce stands are exempt from obtaining a temporary activity permit under Section 16.164.030.
(Ord. 2020-09-15-1501 C.S. § 14)
This section establishes standards and procedures for the siting
and operation of various types and sizes of commercial recycling facilities.
A.
Permit Requirements. Recycling facilities are subject to permit
review/approval in compliance with Division 2 (Zoning Districts, Allowable
Land Uses, and Zone-Specific Standards), provided the following standards
are met.
B.
Development and Operating Standards. Recycling facilities
shall comply with the following standards:
1.
Reverse Vending Machines. Reverse vending machine(s) shall
be allowed in all commercial and manufacturing zoning districts, subject
to compliance with the following standards:
a.
Machines shall be installed as accessory uses in compliance with
the applicable provisions of this Development Code, and shall not
require additional parking;
b.
If located inside of a structure, shall be within 30 feet of the
entrance and shall not obstruct pedestrian circulation;
c.
If located outside of a structure, shall not occupy required parking
spaces, and shall be constructed of durable waterproof and rustproof
material(s);
d.
Shall not exceed 50 square feet for each installation, including
any protective enclosure, nor eight feet in height;
e.
Shall have a maximum sign area of four square feet for each machine,
exclusive of operating instructions;
f.
Shall have operating hours which are consistent with the operating
hours of the main use; and
2.
Redemption Centers.
a.
Minor Redemption Facilities. Minor redemption facilities
shall be allowed subject to the approval of an Administrative Use
Permit provided the following standards are met.
i.
Supermarket Convenience Zones. The facility shall only be located
within a "supermarket convenience zone," as defined by the State of
California Department of Resources Recycling and Recovery (CalRecycle)
and only as needed to satisfy the minimum requirements of CalRecycle
for the zone;
ii.
Shall be located within an existing building and shall not be the
primary use of the parcel or integrated center;
iii.
Shall not be located within 300 feet of a residential use and
public and/or private academic schools for students in kindergarten
through grade 12;
iv.
Shall not operate between the hours of 6:00 p.m. and 10:00 a.m.;
v.
Shall only accept empty beverage containers with a California Redemption
Value (CRV), including those made from aluminum, glass, paper and
plastic;
vi.
Shall not use power-driven processing equipment, except for reverse
vending machines;
vii.
The site shall be maintained, kept clean, sanitary, free of
litter and any other undesirable materials and shall be cleaned of
loose debris on a daily basis;
viii.
Dust, fumes, odor, smoke, or vibration above ambient levels
shall not be detectable within adjoining structures and/or on adjoining
parcels;
ix.
Signs shall comply with the standards for wall signs (Section 16.76.100(J)), subject to review by the Director.
b.
Major Redemption Facilities. Major redemption facilities
shall be allowed subject to the approval of a Commission Use Permit
provided the following standards are met.
i.
Supermarket Convenience Zones. The facility shall only
be located within a "supermarket convenience zone," as defined by
the State of California Department of Resources Recycling and Recovery
(CalRecycle) and only as needed to meet the minimum requirements of
CalRecycle for the zone;
ii.
The facility shall be allowed within an enclosed freestanding structure
that is architecturally compatible with the primary structure(s) of
the site and is found to be consistent with the Citywide Design Guidelines
and shall not be the primary use of the parcel or integrated center;
iii.
Shall not be located within 300 feet of a residential use and
public and/or private academic schools for students in kindergarten
through grade 12;
iv.
Shall not operate between the hours of 6:00 p.m. and 10:00 a.m.;
v.
Shall only accept empty beverage containers with a California Redemption
Value (CRV), including those made from aluminum, glass, paper and
plastic;
vi.
Shall comply with all structure setbacks and landscaping requirements
for the zoning district;
vii.
The site shall be maintained, kept clean, sanitary and free
of litter and any other undesirable materials on a daily basis;
viii.
Dust, fumes, odor, smoke or vibration above ambient levels shall
not be detectable within adjacent structures and/or on adjoining parcels;
ix.
Signs shall comply with the standards for wall signs (Section 16.76.100(J)), subject to review by the Director; and
x.
One parking space shall be provided for the attendant. The facility
shall not be allowed if it would reduce the number of off-street parking
spaces below the minimum number required for the primary use(s) of
the parcel or integrated center.
3.
Recycling Facilities. Recycling facilities are allowed in
compliance the following standards:
a.
The facility shall not be located within 100 feet of a residential
use;
b.
Light recycling facilities:
i.
Are limited to baling, briquetting, compacting, crushing, grinding,
shredding, and sorting of source-separated recyclable materials and
repairing of reusable materials, and
ii.
Shall not exceed 45,000 square feet, may have up to an average of
two outbound truck shipments of material each day, and shall not bale,
compact, or shred ferrous metals other than beverage and food containers;
c.
A heavy recycling facility may exceed 45,000 square feet and exceed
two outbound truck shipments each day, and may perform those functions
not allowed at light processing facilities;
d.
Exterior storage of material shall be in sturdy containers or enclosures
that are maintained and secured in good condition. Outdoor storage
shall be separated from public rights-of-way by solid masonry walls.
Storage, excluding truck trailers, shall not be visible above the
height of the required screen or walls;
e.
Containers provided for "after hours" donation of recyclable materials
shall be permanently located at least 100 feet from any residential
zoning district; constructed of sturdy, rustproof material(s); have
sufficient capacity to accommodate materials collected; and be secured
from unauthorized entry or removal of the materials; and
f.
Dust, fumes, odor, smoke, or vibration above ambient levels shall
not be detectable on adjoining parcels.
(Prior code § 16-365.260; Ord. 2014-05-20-1601 C.S. § 2)
This section provides standards for the establishment and operation
of residential care homes for seven or more clients.
A.
Applicability. Residential care homes are allowed in compliance
with Division 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific
Standards) provided the following standards are met.
B.
General Standards.
1.
A
drop-off/pick-up/loading/temporary parking area shall be provided
adjacent to the main entrance;
2.
A
minimum of 10 percent of the site area shall be provided for usable
indoor and/or outdoor recreation areas;
3.
Outdoor
recreation areas and open courtyards shall be provided throughout
the project. These areas shall be designed to provide passive open
space with tables, chairs, planters, or small garden spaces to make
these areas useful and functional for tenants;
4.
If
located within a residential neighborhood, the architecture of the
facility shall be compatible with the residential character of the
area.
C.
Security Provisions. Security provisions shall be provided
in the following manner:
1.
The
entire facility shall be designed to provide maximum security for
residents (i.e., lighting, cameras, surveillance);
2.
Adequate
measures shall be taken to provide for vehicle parking security including
security gates, fencing, and night lighting. A vehicle stacking distance
and override devices for gates shall be in conformance with the City's
standards, specifications and plans.
D.
Accessory Uses. The following accessory uses may be provided for the exclusive use of the residents in compliance with Section 16.80.020(B) (Accessory uses and structures—Retail/services):
(Prior code § 16-365.280)
This section provides standards for the establishment of accessory
dwelling units in a manner consistent with Government Code Section
65852.2.
A.
Accessory Dwelling Unit (ADU).
Junior Accessory Dwelling Unit (JADU).
Living Area.
Multifamily Building.
Passageway.
Definitions.
An attached or a detached residential dwelling unit which
provides complete independent living facilities for one or more persons.
If detached, may be a tiny home (permanent). It shall include permanent
provisions for living, sleeping, eating, cooking, and sanitation on
the same parcel as a single-family dwelling unit is situated; further
accessory dwelling units are as defined in California Government Code
Section 65852.2.
A unit that is no more than 500 square feet in size and contained
entirely within a single-family residence. A junior accessory dwelling
unit may include separate sanitation facilities or may share sanitation
facilities with the existing structure as prescribed by Government
Code Section 65852.22.
The interior habitable area of a dwelling unit including
basements and attics but does not include a garage or carport or an
accessory structure. If a garage or carport is provided for the attached
accessory dwelling unit, the calculation of the floor area of the
accessory dwelling unit does not include the floor area of the garage
or carport.
A building including two or more dwelling units.
A pathway that is unobstructed clear to the sky and extends
from a street to one entrance of the accessory dwelling unit.
B.
Zoning Districts. Table 2-2 identifies the zoning districts
where accessory dwelling units are allowed.
C.
Review Procedures.
1.
The
Review Authority shall issue a ministerial building permit for an
accessory dwelling unit or junior accessory dwelling unit without
discretionary review or a hearing, consistent with the provisions
of this chapter and State law, unless otherwise provided.
2.
An accessory dwelling unit located within the Channel area overlay district are ministerial and shall not require a commission use permit, as identified in Section 16.28.040 (Channel area overlay district).
3.
An accessory dwelling unit including exterior alterations to the parcel and/or existing structures and located within the Magnolia historic overlay district or at a parcel with a designated historic landmark shall not require a certificate of appropriateness, as identified in Section 16.28.060 (Magnolia historic overlay district) and Section 16.220.070 (Landmarks), and instead, shall be subject to standards of the Citywide Design Guidelines.
4.
An
accessory dwelling unit located within a design review overlay district
shall be subject to standards of the Citywide Design Guidelines.
D.
Number of Accessory Dwelling Units Allowed. One accessory
dwelling unit shall be allowed per parcel except as follows:
1.
When a parcel has one or more existing multifamily buildings, as defined in this section, at least one accessory dwelling unit but not more than 25 percent of the existing multifamily units are permitted when concerning the conversion of storage rooms, boiler rooms, passageways, attics, basements, or garages, if each accessory dwelling unit complies with the applicable provisions of Title 15.
2.
When
the parcel has one or more existing multifamily buildings, as defined
in this section, a maximum of two detached accessory dwelling units
are permitted.
3.
One
ADU or one detached ADU and one JADU internal to the primary residence
may be constructed on lots with proposed or existing single-family
dwellings in accordance with Government Code Sections 65852.2I(1)(A)
and (B).
4.
When
a parcel has been subdivided under Government Code Sections 65852.21,
66411.7, and 66452.6, only one ADU per subdivided parcel shall be
permitted.
E.
Development Standards.
1.
An
accessory dwelling unit shall not be included in the calculation of
the density of the lot on which it is located.
2.
Both
detached and attached accessory dwelling units are subject to the
height, and setback standards at Table 2-3, except for the following:
a.
Attached and detached accessory dwelling units may encroach into
the rear, street side and side yard setback when a minimum setback
of three feet is provided.
b.
When an existing detached accessory structure is converted in whole
or part to an accessory dwelling unit, only those portions located
outside the existing building envelope are subject to a minimum setback
of three feet.
3.
The
maximum floor area of a detached accessory dwelling unit is 1,200
square feet, excluding, where present, any enclosed parking space(s),
exterior stairs, or similar non-habitable features.
4.
If
there is an existing primary dwelling, the total floor area of an
attached ADU shall not exceed 50 percent of the existing primary dwelling
or 850 square feet, whichever is greater.
5.
The
maximum floor area of a JADU internal to the primary structure shall
be no more than 500 square feet.
6.
No
passageway shall be required in conjunction with the construction
of an accessory dwelling unit. However, accessory dwelling units attached
to single-family dwellings shall have independent, exterior access
and side and rear setbacks sufficient for fire and safety.
F.
G.
Rental or Sale of Unit. An accessory dwelling unit may be
rented, although rental is not required. When rented for permanent
tenure, the term shall be longer than 30 days. The accessory dwelling
unit shall not be sold or otherwise conveyed separately from the main
dwelling unit, except as provided at Government Code Section 65852.26.
H.
Proposed Primary Dwelling(s). No certificate of occupancy
or final inspection shall be issued for an accessory dwelling units
(ADUs and JADUs) until a primary dwelling unit has been issued such
clearance on the subject parcel.
I.
Junior Accessory Dwelling Units. Each junior accessory dwelling
unit (JADU) shall be subject to compliance with the building permit
requirements and the following standards:
1.
Each
JADU may contain separate sanitation facilities or may share sanitation
facilities with the principal dwelling unit.
2.
Each
JADU shall include a separate entrance from the main entrance to the
principal dwelling unit and may include an interior entry to the main
living area. A second interior door may be included for sound attenuation.
3.
Each JADU shall, at a minimum, include a kitchenette as defined in Section 16.240.020.
4.
One
JADU is permitted per lot zoned for single-family dwellings that is
developed or proposed to be developed with a single-family dwelling.
5.
Additional
parking is not required for a JADU.
6.
Owner-occupancy
is required in the single-family residence in which the JADU will
be permitted. The owner may reside in either the remaining portion
of the structure or the newly created JADU. Owner-occupancy shall
not be required if the owner is another governmental agency, land
trust, or housing organization.
7.
Recordation
of a deed restriction, which shall run with the land, shall be filed
with the permitting agency, and shall include both of the following:
a.
A prohibition on the sale of the junior accessory dwelling unit separate
from the sale of the single-family residence, including a statement
that the deed restriction may be enforced against future purchasers.
b.
A restriction on the size and attributes of the junior accessory
dwelling unit that conforms with this section.
(Prior code § 16-365.290; Ord. 023-07 C.S. §§ 94, 95; Ord. 001-08 C.S. § 23; Ord. 2018-05-15-1502 § II; Ord. 2020-06-09-1501 C.S. § 23; Ord. 2020-12-01-1502 C.S. § 31; Ord. 2022-07-12-1601-02 C.S. § 28)
This section provides development and operational standards
for the establishment and conduct of new station operations and for
the modification or expansion of existing service stations.
A.
Applicability. Service stations/fueling stations are allowed in compliance with Division 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) and the requirements of this section.
B.
Requirements. The following requirements apply to service
stations:
1.
New Service Stations. New service stations shall comply with
the following standards, in addition to the standards contained in
subsection (B)(2) of this section (Modification or expansion of existing
service stations), except subsection (B)(2)(g) of this section:
a.
The minimum site area shall be 15,000 square feet;
b.
The minimum frontage shall be 150 feet on at least one arterial street;
c.
Pump islands shall be located:
i.
A minimum of 18 feet from any property line to the nearest edge of
the pump island; however, a canopy or roof structure over a pump island
may be constructed to within five feet of a street side property line;
ii.
A minimum of 28 feet from pump island to pump island or pump island
to any structure; and
iii.
A minimum of 38 feet from the pump island to the end of the
parking stalls.
d.
There shall be no more than two vehicular access points to/from the
public right-of-way;
f.
A vehicle stacking distance of at least 38 feet (two car lengths)
shall be required on site for each pump aisle measured from the end
pump. The stacking area shall not interfere with access to the site
or with internal parking;
g.
Landscaping shall comprise a minimum of 10 percent of the site area
and shall be provided and permanently maintained in compliance with
the following regulations:
i.
A minimum five foot wide, inside dimension, and six inch high curbed landscaped planter area shall be provided along the street property lines, except for driveways, and along side and rear property lines adjoining residentially zoned properties. Trees shall be provided in compliance with Section 16.72.180 (Street trees) and in landscaped areas adjoining residentially zoned properties at a rate of one tree for each 20 lineal feet of planter area;
ii.
An on-premises planter area of not less than 200 square feet shall
be provided at the corner of two intersecting streets. Landscaping
shall not exceed a height of 30 inches at this location; and
iii.
Additional landscaping may be required to screen the service
station from adjacent properties.
h.
All exterior light sources, including canopy, perimeter, and flood
shall be energy efficient, stationary, and shielded or recessed within
the roof canopy to ensure that all light is directed away from adjacent
properties and public rights-of-way;
i.
Openings of service bays shall be located to minimize the visual
intrusion onto adjacent public rights-of-way;
j.
A service station that adjoins property in a residential zoning district
shall provide an eight foot-high decorative masonry wall along the
common property line, compatible with on-premises development and
adjacent properties, subject to the approval of the Director. When
the wall reaches the established front yard setback line of a residentially
zoned parcel adjoining or directly across an alley from the service
station, the wall shall decrease to a height of three feet;
k.
A parking area for fuel delivery trucks shall be provided which does
not interfere with vehicle circulation or parking; and
2.
Modification or Expansion of Existing Service Stations. Unless
otherwise permitted by the zone, any modification or expansion of
an existing service station shall comply with all of the following
standards:
a.
The following services/operations are allowed uses within a service
station:
i.
Sale of gas and oil, grease, tires, batteries, and other accessories;
ii.
Oiling and greasing of automobiles;
iii.
Minor services and adjustment of brakes, electrical systems,
fan belts, head lamps, spark plugs, windshield wipers, air filters,
and generators; and
iv.
Installation of spark plugs, water and gas pumps, batteries and cables,
and water hoses.
b.
All activities and operations shall be conducted entirely within
an enclosed structure, except as follows:
i.
The dispensing of petroleum products, water, and air from pump islands;
ii.
The provision of emergency service of a minor nature; and
iii.
The sale of items via vending machines which shall be placed
next to the main structure in a designated area not to exceed 32 square
feet, and which shall be screened from public view.
c.
The following services/operations are not allowed within any service
station:
i.
Repairs or reconditioning of the chassis, motors, engines, bodies
or fenders of automobiles, motor vehicles, motor boats, launches,
or motor propelled vessels;
ii.
Automobile painting;
iii.
Steam cleaning;
iv.
Tire rebuilding or recapping;
v.
Sale or rental of vehicles and trailers;
vi.
Overnight parking except within an enclosed structure;
vii.
Goods or merchandise displayed outside of an enclosed structure;
viii.
Tool rentals.
f.
Service stations may receive used motor oil for subsequent recycling
and removal, subject to approval by the City Fire Department; and
g.
Where an existing service station adjoins property in a residential
zoning district, an eight foot high decorative masonry wall shall
be constructed along the common property line at the time the station
receives an entitlement for any on-premises improvement/ modification
costing more than 25 percent of the appraised value of the structure,
as shown in the County Assessor's records, or $25,000.00, whichever
is less. The masonry wall shall be compatible with on-premises development
and adjacent properties, subject to the approval of the Director.
When the wall reaches the established front yard setback line of a
residentially zoned parcel adjoining or directly across an alley from
the service station, the wall shall decrease to a height of three
feet.
(Prior code § 16-365.300)
This section provides development standards for the establishment of integrated shopping centers and large retail uses in zoning districts, except the CD zoning district, where they are allowed in compliance with Table 2-2 (Allowable Land Uses and Permit Requirements). The intent of these standards is to establish a consistent set of development standards based on the size of the retail commercial site in order to ensure the compatibility of retail commercial operations with surrounding land uses. Specifically these standards will protect adjoining residential uses, as defined in Division 8 (Glossary), from the potential impacts of large retail commercial operations (including auto and truck traffic conflicts and safety, noise, air pollution, lighting, aesthetics, etc.).
A.
Applicability. The requirements of this section shall apply
to the following:
1.
Two or More Acres. Shopping centers and large-scale commercial
retail developments that are two or more acres in size; and
2.
Less than Two Acres. Smaller retail commercial developments
where the Director determines that a significant potential exists
for the proposed use to negatively impact adjoining residential zoning
districts.
B.
Permit Requirements. In addition to the requirements of this
section, shopping centers and large freestanding retail commercial
uses, including warehouse retail, on parcels that are two or more
acres in size shall be subject to the requirements of the applicable
zoning district and the permit requirements of Table 2-2 (Allowable
Land Uses and Permit Requirements).
C.
Shopping Center Project Plans. A project plan shall be required
for the development or expansion of any shopping center. The land
use development permit required for the proposed use in Table 2-2
(Allowable Land Uses and Permit Requirements) shall constitute the
project plan. All future development of the shopping center shall
be in compliance with that project plan.
1.
Contents. The project plan shall, at a minimum, include the
following:
a.
Location, size, and configuration of any structures, including buildings,
signs, waste compactors and enclosures, walls/fencing, etc.;
b.
Circulation and parking plans and loading areas or docks;
c.
Transit facilities; and
d.
Landscaping, courtyards, outdoor seating areas, and other active
and passive open spaces.
2.
Changes to Project Plan.
a.
Any changes to the approved project plan shall be in compliance with Chapter 16.104 (Changes to an Approved Project).
b.
Subsequent changes to approved uses within a shopping center shall
not require modification to the project plan unless the proposed use
modifies the physical layout of the site.
c.
The replacement of existing buildings shall not require a new or
revised project plan if the new building:
3.
Separate Permits. Land uses that are identified as requiring
a land use development permit in Table 2-2 (Allowable Land Uses and
Permit Requirements) shall obtain that permit for that land use separately.
An amendment to the permit for the project plan shall not be required.
D.
Standards.
1.
Location. The shopping center or large-scale commercial retail
site shall have at least one public street frontage on:
2.
Design. The shopping center or large-scale commercial retail
development shall be designed:
a.
So as to have a public or private street or landscape buffer in compliance
with subsection (D)(3) of this section (Shopping centers and large-scale
commercial retail uses—Adjacent to residential zoning districts)
between the commercial use and any residential zoning district, except
additions to existing shopping centers or large-scale commercial retail
development.
b.
So as to preclude bisecting the site with a public street. Any expansion
of the commercial development shall not be separated from the original
commercial site by a public street. An exception may be granted by
the Director or Commission, as applicable, for existing development
that contains a public street;
c.
So that all on-site circulation shall occur on private access easements.
If the site consists of multiple parcels, a reciprocal access and
parking agreement shall be recorded by the property owners and a copy
filed with the City;
d.
So that the on-site pedestrian and vehicular circulation system minimizes
pedestrian/vehicle conflicts; and
3.
Adjacent to Residential Zoning Districts. Shopping centers
or large retail uses that are separated from and adjoining residential
zoning district by a landscape buffer shall be subject to the following:
a.
Structure Setback. The setback for a structure adjacent
to a residential zoning district shall be equal to the height of the
building, but in no case shall the setback be less than the landscaping
strip required in compliance with Table 3-15 (Width of Landscaping
Strip), below. See Figure 3-28 below.
 FIGURE 3-28 SHOPPING CENTER STRUCTURE SETBACKS
|
b.
Screening Required.
i.
Wall. A solid masonry sound wall with a minimum height of eight feet, or higher if required by an acoustical analysis, shall be constructed and maintained on the project site along the common property line in compliance with Section 16.36.100 (Screening and buffering). Pedestrian access may be provided through the wall from a residential neighborhood to a neighborhood-serving commercial use subject to the approval of the Director.
ii.
Landscaping Required. A landscaping strip shall be provided
adjacent to the commercial side of the wall with the intention of
providing a planting area for trees and shrubs on the commercial site.
(A)
The width of the landscaping strip shall be in compliance with
Table 3-15 (Width of Landscaping Strip). If an existing shopping center
or large-scale commercial retail use has existing physical constraints
(structures, parking, circulation, etc.) that limit the amount of
landscaping that can be provided when there is an addition or renovation,
landscaping shall be required subject to the Director.
|
TABLE 3-15
WIDTH OF LANDSCAPING STRIP
| |
|---|---|
|
Site Area (acres)
|
Width of Landscaping Strip (feet)
|
|
2—10
|
15
|
|
10—25
|
30
|
|
25 or more
|
50
|
(B)
Landscaping shall be designed to visually screen the commercial
development from the residences and to effectively break up the otherwise
long, flat appearance of the wall.
(1)
Landscaping shall be provided and maintained in compliance with Chapter 16.56 (Landscaping Standards);
(2)
The landscaping should primarily consist of evergreen shrubs
and trees which may be located on berms; and
(3)
Trees shall be provided at a rate of one for every 20 linear
feet of landscaped area.
iii.
The use of the landscaped strip for passive activities (e.g.,
lunch area, pedestrian path) shall be subject to the approval of the
Director.
4.
Sidewalks. Sidewalks shall be provided along the full length
of any side of a building which feature a customer entrance and along
any side of a building that abuts a public parking area. Sidewalks
shall be located at least six feet from the façade of the building
to provide planting beds for foundation landscaping.
5.
Parking.
a.
The number of parking spaces shall comply with Table 3-9 (Parking
Requirements by Land Use);
b.
Parking lots shall be provided in compliance with the requirements of Chapter 16.64 (Off-Street Parking and Loading Standards) and the City's standards and specifications; and
c.
If the site consists of multiple parcels, a reciprocal access and
parking agreement shall be recorded by the property owners and a copy
filed with the City.
6.
Service Areas. Service areas (e.g., loading docks, trash areas,
shopping cart storage, and similar uses) shall not encroach into the
required setback between the commercial use and the residential zoning
district/noise-sensitive use.
a.
Loading and unloading areas shall be oriented away from street side elevations whenever possible and shall be screened from public view in compliance with Section 16.36.100 (Screening and buffering);
b.
Loading and unloading activities and other similar activities that may cause noise shall be in compliance with Chapter 16.60 (Noise Standards);
c.
Trash enclosures shall be in compliance with Section 16.36.130 (Solid waste/recyclable materials storage); and
d.
Shopping carts shall be located so as to not interfere with fire
lanes or pedestrian, vehicle, or other circulation.
8.
Transit Facilities. Provisions for transit facilities, (e.g.,
bus stops and shelters) shall be included as determined by the Transit
Authority in consultation with the Director.
(Prior code § 16-365.310; Ord. 023-07 C.S. §§ 96—99)
This section provides operational standards for the establishment
of tow truck operations in conjunction with an existing service station.
A.
Tow
trucks shall be stored within an enclosed structure during hours the
service station is closed.
B.
There
shall be no outside storage of inoperable vehicles on the service
station site.
C.
Vehicles
requiring body or fender work or major mechanical repairs (e.g., transmission
or differential repair, motor overhauling, internal motor repair)
shall not be towed to the service station site.
(Prior code § 16-365.320)
This section provides standards for development and operation of urban agriculture land uses. Urban agriculture shall be allowed in zoning districts identified in Table 2-2 of Section 16.20.020 and shall comply with the standards in this section as well as the standards as laid out in Chapters 16.24 and 16.28.
A.
Maintenance. Urban agriculture uses shall be maintained in
an orderly manner, including litter removal, irrigation, weeding,
pruning, pest control and removal of dead or diseased plant materials.
B.
Equipment.
1.
Use
of mechanized farm equipment is prohibited in residential zoning districts.
2.
Exceptions.
a.
Heavy equipment may be used initially to prepare the land for agriculture
use.
b.
Landscaping equipment designed for household use is permitted.
c.
Heavy equipment may be used if operating a market garden/urban farm in compliance with Section 16.80.135.
d.
Equipment when not in use must be enclosed or otherwise screened
from sight from a public street and adjacent parcel.
C.
Structures. Structures to support urban agriculture, such as storage sheds, hoop-houses, and greenhouses, are considered accessory structures and subject to the regulations defined in Section 16.80.020 (Accessory uses and structures) of this code.
D.
Aquaculture Operations.
1.
Aquaculture
operations are allowed in the Industrial, Limited (IL) and Industrial,
General (IG) zoning districts.
E.
Urban Beekeeping. It is unlawful to permanently keep, have
or ranch more than two beehives on a single parcel of residentially
zoned property within the City, unless such parcel of property is
zoned "RE" and utilized as a market garden/urban farm. Nothing in
this section shall be deemed to authorize anyone to keep, harbor or
maintain any such hives in violation of any other applicable law.
1.
Hives
shall be placed in a quiet area and at least 20 feet distant from
any dwelling on an adjacent parcel.
2.
Where
there is no fence or flyway barrier, the hive entrance shall be oriented
away from building entrances and walkways, and toward the most distant
property line.
3.
A
clear flight path shall be maintained at least 10 feet from the hive
entrance.
4.
When
colony is situated less than 10 feet from a property line, the beekeeper
must establish a flyway barrier. This should be at least six feet
tall and extend 10 feet beyond the colony on either side. It can be
solid, vegetative or any combination of the two, that forces the bees
to cross the property line at a height of six feet.
5.
All
colonies shall be located at least 20 feet from a public sidewalk,
alley, street, or road.
6.
All
bee equipment and hive(s) shall be maintained in good condition.
7.
A
substantial barrier/fence shall be erected to prevent animals and
children from coming into close contact with the hives. The barrier/fence
should be at least six feet tall and extend 10 feet beyond the colony
on either side.
8.
Bees
shall have access to an adequate water source at all times.
9.
Urban
beekeeping activities shall comply with the provisions in the Apiary
Protection Act (Food and Agriculture Code 29000, et seq.).
F.
Urban agriculture activities shall include best practices to prevent pollutants from entering the stormwater conveyance system and shall comply with all applicable Federal, State, and local laws, ordinances, or regulations, including, but not limited to, the stormwater management and discharge control code in Chapter 13.16 and the grading, erosion, and sediment control ordinance in Chapter 15.48.
(Ord. 2020-09-15-1501 C.S. § 15)
This section provides standards for utility equipment installations
(e.g. boxes, cabinets, pedestals, transformers, vaults, etc.). Utility
equipment should be installed underground; if the undergrounding of
equipment is not technically or economically feasible, as determined
by the Director based on evidence provided by the utility company,
above ground installations shall be permitted with the appropriate
placement, landscaping, and/or screening to obscure the equipment.
Installation shall be in compliance with PUC requirements.
A.
The
affected property owner(s) and utility companies shall agree on the
placement and type of landscaping and/or screening to be used as approved
by the Director.
C.
The
property owner shall be responsible for the maintenance of the landscaping
and/or screening. If the landscaping and/or screening is located in
a landscape maintenance district, the landscape maintenance district
shall be responsible for the maintenance of the landscaping and/or
screening.
(Prior code § 16-365.340)
This section provides development and operational standards for the establishment of veterinary clinics and animal hospitals in commercial zoning districts or abutting noise-sensitive uses in zoning districts where they are allowed in compliance with the provisions of Division 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards).
A.
No
structure used for a veterinary clinic or animal hospital shall be
located closer than 40 feet to the nearest residential structure.
B.
Veterinary
clinics and animal hospitals shall be soundproofed to the extent that
no animal sounds originating from within the structure shall be audible
to the human ear unaided at a distance of 10 feet from any exterior
wall of the structure.
C.
All
animal pens, runs, and exercise areas shall be within the enclosed
soundproof structure.
D.
Ventilation
of the structure shall be provided solely by mechanical means, and
no odors shall be detectable outside the boundaries of the property.
(Prior code § 16-365.350; Ord. 2013-12-17-1210 C.S. § 2)
Wind power equipment shall have a mesh screen, except as approved
by the Director, located in front and in back of the equipment to
maximize avian safety.
(Ord. 015-09 C.S., eff. 12-3-09)
This section provides standards for development and operation of all food truck parks on private property. All food truck parks shall be allowed in zoning districts identified in Table 2-2 of Section 16.20.020 and shall comply with the standards in this section as well as the standards laid out in Chapters 16.24 and 16.28.
A.
Purpose and Application. The general purpose of this section
is to ensure the safe and sanitary operation of food truck parks;
to enforce rules consistent with California Health and Safety Code
and San Joaquin County Environmental Health Department; to establish
rules and regulations for the use of private property to maintain
and operate the food truck park under which permits shall remain in
compliance, be suspended, or revoked, and provide penalties for violations
thereof.
Compliance determination will encompass all the provisions set
forth in this section, including, but not limited to, site plan, parking
availability, traffic movement, aesthetics, zoning, setbacks, environmental
requirements, and conformity with the City's General Plan.
B.
Food Truck Park Permitting Requirements. The following provides
permit requirements for using private property to maintain and operate
food truck parks.
1.
All
food truck parks shall comply with the following applicable land use
requirements:
|
Number of motorized food wagons on property
|
Duration of Operations
| |||
|---|---|---|---|---|
|
One-time event held over 7 consecutive days or less within a
calendar year per parcel
|
Recurring event held on 3 or fewer days per week
|
Permanent (7 days a week)
| ||
|
Food truck pod
|
2 to 5
|
Temporary Activity Permit (TAP)
|
Land Development Permit (LDP)
|
Land Development Permit (LDP)
|
|
Food truck hub
|
6 to 10
|
Temporary Activity Permit (TAP)
|
Administrative Use Permit (AUP)
|
Administrative Use Permit (AUP)
|
|
Food truck plaza
|
11 or more
|
Temporary Activity Permit (TAP)
|
Commission Use Permit (CUP)
|
Commission Use Permit (CUP)
|
|
Food truck park/commissary co-locations
|
-
|
Commission Use Permit (CUP)
|
Commission Use Permit (CUP)
|
Commission Use Permit (CUP)
|
2.
All
construction must comply with the current building code and follow
applicable building permit process.
3.
All
food truck parks shall obtain the necessary City fire permits required
for operation specified in the California Fire Code, including, but
not limited to, an operational fire permit.
C.
Development and Operation Standards. The following development
standards apply to all food truck parks.
2.
Motorized Food Wagon Area and Setback Requirements.
a.
The use and storage of LP-gas at the site are regulated pursuant
to the California Fire Code (CFC), Chapter 61, and the National Protection
Association. Requirements shall include, but are not limited to, the
following:
3.
Site Improvements (Surfacing). Parking spaces, driveways, maneuvering aisles and turnaround areas shall be paved in accordance with Section 16.64.030(D).
4.
Off-Street Parking Requirements.
a.
Food truck park off-street parking requirements shall comply with Chapter 16.64 (Off-Street Parking and Loading Standards).
i.
Off-street parking shall be provided at the ratio of three parking
spaces per maximum number of motorized food wagons permitted on-site
(exclusive of spaces provided for motorized food wagon).
5.
Fencing. If perimeter fencing is installed, it shall comply with Chapter 16.48 (Fences, Hedges and Walls). Gates for motorized food wagons and for pedestrian access are required to be unlocked during operating hours.
6.
Access. Ingress and egress are required pursuant to Section 16.36.030. Adequate vehicular and pedestrian circulation is required.
8.
Solid Waste/Recyclable Materials Storage.
9.
Discharge of Wastewater, Gray Water and Fats, Oils, and Grease (FOG).
a.
Motorized food wagons are prohibited from draining or spilling of
wastewater, gray water and/or fats, oils, and grease into the storm
drain system or on the ground.
10.
Maintenance/Cleanup. Property Maintenance is required pursuant to Chapter 8.36 (Property Maintenance).
11.
Lighting. Lighting fixtures shall be installed to ensure user safety. Lighting fixtures shall be permanent and shall be consistent with Section 16.32.070.
12.
Seating.
a.
Seating (eating area) is required for food truck hubs, food truck
plazas, and food truck park/commissary co-locations at the rate of
three seats per motorized food wagon. Seating is not required for
food truck pods.
b.
Provided seating must be arranged or situated so that it does not
create a hazard to pedestrians or encroach on a required building
exit, vehicle travel lane, driveway, or any public street.
c.
A minimum of four feet of clearance must be provided around any tree,
newsstand, bike rack, planter, trash receptacle, etc.
d.
Seating area must be maintained in a manner such that it does not
create an unsightly appearance.
13.
Restroom Facilities. All food truck parks and food truck
park/commissary co-locations must provide permanent on-site restrooms
for both the food truck park vendors and patrons.
a.
A minimum of one restroom facility shall be provided which is ADA
accessible for food truck parks up to 10 trucks.
b.
At least one additional restroom facility shall be provided for food
truck parks with 11 or more trucks.
c.
Restrooms shall have, at a minimum, handwashing facilities with warm
water (minimum 100°F), pump dispensed liquid hand soap and single-use
towels in dispensers or other approved hand drying devices.
14.
Pedestrian Protections.
a.
Accessibility routes must be provided and maintained as required
by the California Building Code.
b.
Path of travel and seating/eating area requires permanent affixed
pedestrian protections.
16.
Truck Storage. Motorized food wagons shall not be stored at the food truck park and must return to their commissary daily, with exception of the food truck park/commissary co-locations as defined in subsection F of this section.
18.
Utilities.
a.
Electric outlet hookups are required to be installed for each motorized
food wagon parking space and must be used while the motorized food
wagon is on the premises. No generators shall be utilized in the food
truck park or food truck park/commissary co-location.
b.
Permanent potable water hookup sources are required to be installed
for each motorized food wagon parking space and must be used while
the truck is on the premises. Potable water hookup is not required
for food truck pods.
19.
Noise. Food truck park and food truck park/commissary co-location noise shall comply with Chapter 16.60 (Noise Standards).
20.
Signage. Food truck park and food truck park/commissary co-location signage shall comply with Chapter 16.76 (Sign Standards).
21.
Operating Hours. Food truck park and food truck park/commissary
co-location hours of operation shall not be earlier than 7:00 a.m.,
or later than 10:00 p.m.
22.
Operator Responsibility for Motorized Food Wagon Compliance. The property owner or property owner's authorized agent is responsible
to ensure that all motorized food wagons and vendors operating at
the food truck park have obtained the necessary San Joaquin County
Environmental Health Permit, and Stockton Business Licenses for the
motorized food wagons and their staff.
D.
Food Truck Parks (Occurring Three or Fewer Days Per Week) at a Set
Location.
1.
Location. Recurring food truck parks that are the primary use of a site shall comply with all the provisions of above standards (Section 16.80.380(C)). Recurring food truck parks that are located on a site where the food truck park is not the primary use of the site shall comply with the following provisions:
a.
Siting.
i.
Temporary fencing, bollards, or similar barriers shall be required
to delineate the recurring food truck park site.
b.
Landscaping. Landscaping may be installed but is not
required.
c.
Solid Waste. Dumpsters and trash enclosures may be provided
but are not required.
d.
Lighting. Temporary lighting may be provided in lieu
of permanent lighting.
e.
Utilities. If electric outlet hookups are not available,
the use of generators is permissible.
g.
Pedestrian Protections. Temporary pedestrian protections
shall be provided.
h.
Seating. Seating may be provided at the discretion of
the operators.
i.
Utility Hookups. Electric outlet hookups for temporary
food truck parks are not required.
E.
Temporary Food Park Truck Event (One-Time Event Occurring Seven or
Less Days Per Calendar Year).
1.
Temporary food park truck events must comply with all the provisions of the above standards (Section 16.80.380(D)).
2.
A
temporary food truck park event requires a temporary activity permit.
F.
Food Truck Park/Commissary Co-locations Permitting General Development
Standards.
1.
All food truck park/commissary co-locations shall provide commissary services (per Section 16.80.385) to motorized food wagons that permanently reside at the site. Non-resident motorized food wagons shall not receive commissary services from the food truck park/commissary co-location.
2.
All food truck park/commissary co-locations shall be subject to all the provisions set forth in this Section 16.80.380 and Section 16.80.385, Commissary, with the exception outlined below.
b.
Off-Street Parking Requirements. Off-street parking
spaces shall be provided at a rate of five spaces per motorized food
wagon, two for motorized food wagon workers and three for motorized
food wagon patrons.
c.
Hours of Operations. The food truck park/commissary
co-location hours of operation shall not be earlier than 7:00 a.m.,
or later than 10:00 p.m.
(Ord. 2023-04-18-1602 C.S. § 3)
This section provides standards for development and operation of all commissaries on private property. All Commissaries shall be allowed in zoning districts identified in Table 2-2 of Section 16.20.020 and shall comply with the standards in this section as well as the standards as laid out in Chapters 16.24 and 16.28.
A.
Purpose and Application. The general purpose of this section
is to ensure the safe and sanitary operation of commissaries; to enforce
rules consistent with the California Health and Safety Code and San
Joaquin County Environmental Health Department; to establish rules
and regulations for the use of private property to maintain and operate
commissaries under which permits shall remain in compliance, be suspended,
or revoked, and provide penalties for violations thereof. Compliance
determination will encompass all the provisions set forth in this
section, including, but not limited to, site plan, parking availability,
traffic movement, aesthetics, zoning, setbacks, environmental requirements,
and conformity with the City's General Plan.
B.
General Commissary Operational Standards. The following provisions
outline operational standards of a commissary.
1.
Required Functions. A commissary shall meet all the applicable
requirements as defined by the California Health and Safety Code and
the San Joaquin County Environmental Health Department to accommodate
all operations necessary to support motorized food wagons or mobile
commissaries. Applicable requirements shall include, but are not limited
to, the following:
a.
Sanitary disposal of liquid wastewater (grease interceptors);
b.
Proper handling and disposal of garbage and refuse (solid) waste
(grease containers);
c.
Permanent potable water sources (faucets) shall be installed per
motorized food wagon parking spot;
d.
Hot and cold water for cleaning;
e.
A safe and secure space to store motorized food wagons, food, utensils,
and supplies;
f.
Servicing areas at commissaries shall be provided with overhead protection,
except areas used only for the loading of water or the discharge of
sewage and other liquid waste through the use of a closed system of
hoses need not be provided with overhead protection;
g.
Servicing area used for vehicle washing/cleaning shall be sloped
and drained to an approved wastewater system (sand/oil separator);
h.
Permanent electric power connections shall be installed per motorized
food wagon parking spot;
i.
Restrooms (minimum 100℉).
2.
Optional Functions. A commissary may provide the following
services to support motorized food wagons:
a.
Refrigeration space;
b.
Dry storage space;
c.
Food service equipment repair maintenance;
d.
Three compartment sink (required if food preparation space will be
provided);
e.
Propane (LP-Gas) services (the use and storage of LP-Gas is regulated
pursuant to the California Fire Code (CFC), Chapter 61, and the National
Fire Protection Association – Standard 58).
C.
Commissary Permitting Requirements.
1.
All
commissaries shall comply with acceptable land use entitlement requirements
outlined in this section.
a.
The property line containing a commissary shall not be adjacent to
residential zoning or located within 30 feet of a building containing
a residential use.
2.
All
construction must comply with the current building code and follow
the applicable building permit process.
3.
All
commissaries shall obtain all necessary approvals from the San Joaquin
County Environmental Health Department.
4.
All
commissaries shall obtain the necessary City fire permits required
for operation specified in California Fire Code, including, but not
limited to, an operational fire permit.
5.
No commissary shall be utilized for any other purpose than their intended use, with exception of the food truck park/commissary co-locations as defined in Section 16.80.380(F).
D.
Commissary Development Standards. The following development
standards apply to all commissaries.
1.
Motorized Food Wagon Parking Area and Setback Requirements. Setback requirements for motorized food wagon parking are pursuant
to California Fire Code, including, but not limited to, maintaining
a 10-foot noncombustible space around motorized food wagons.
3.
Enclosed Use Requirements. Commissaries located in IL (industrial, limited) zoning district are pursuant to Section 16.24.130.
4.
Surfacing. Parking spaces, driveways, maneuvering aisles and turnaround areas shall be paved in accordance with e Section 16.64.030(D).
5.
Off-Street Parking Requirements.
a.
Commissary off-street parking requirements shall comply with Chapter 16.64 (Off-Street Parking and Loading Standards).
i.
Off street parking for Commissary Staff shall be provided at the minimum ratio of one parking space per 250 square feet of indoor gross floor area, with exception of a food truck park/Commissary co-location as defined in Section 16.80.380(F).
ii.
Off street parking for motorized food wagon vendors shall be provided at the rate of two parking spaces per motorized food wagon, with exception of the food truck park/commissary co-locations as defined in Section 16.80.380(F).
(A)
One parking space requirement may be met through the motorized
food wagon parking space.
6.
LP-Gas (Liquid Petroleum). The use and storage of LP-Gas is
regulated pursuant to the California Fire Code (CFC), Chapter 61,
and the National Fire Protection Association—Standard 58.
7.
Fencing. Perimeter fencing shall be installed and shall comply with Chapter 16.48 of the Stockton Municipal Code. Gates for motorized food wagons and for pedestrian access are required to be unlocked during operating hours.
8.
Access. Ingress and egress are required pursuant to Section 16.36.030. Adequate vehicular and pedestrian circulation is required.
11.
Discharge of Wastewater, Gray Water and Fats, Oils, and Grease
(FOG).
a.
Commissaries and motorized food wagons are prohibited from draining
or spilling of wastewater, gray water and/or fats, oils, and grease
into the storm drain system or on the ground.
b.
Discharge of fats, oils, and grease to the sanitary sewer is pursuant to Stockton Municipal Code Chapter 13.40.
c.
Minimum Standards. A commissary shall meet the following requirements
to accommodate the operational needs of motorized food wagons.
12.
Property Maintenance/Cleanup. Property maintenance is required pursuant to Chapter 8.36 (Property Maintenance).
13.
Lighting. Adequate lighting shall be installed to ensure user safety. Lighting fixtures shall be permanent and shall be consistent with Section 16.32.070.
14.
Utilities. Permanent electric outlet hookups and potable
water connections shall be installed for each motorized food wagon
parking space.
(Ord. 2023-04-18-1602 C.S. § 4)
This section establishes standards for logistics warehouses in zoning districts where they are allowed in compliance with the provisions of Division 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards).
A.
Applicability. The standards will apply to the following
applications:
1.
These standards shall apply to logistics warehouses 100,000
square feet in size or greater. Logistics Warehouses are considered
facilities used for the storage of farm products, furniture, household
goods, or other commercial goods for distribution to wholesalers and/or
retailers, including cold storage.
B.
Development Standards.
1.
Site Plan Design. The following standards shall
apply to all entitlement reviews (site plan), grading and improvement
plans, and construction permit reviews associated with facilities
subject to the Logistics Warehouse standards. A copy of these standards
shall be included on the approved (issued) construction plan and kept
on site during all phases of construction.
a.
Unless determined to be physically impossible, when adjacent
to sensitive receptors, a loading dock door shall be oriented away
from the sensitive receptor and located a distance of 300 feet from
said receptor, unless the dock doors are utilized by zero emission
trucks and equipment only. The building and auto parking can be located
within the 300-foot distance. A sensitive receptor shall be defined
as schools, health care facilities, libraries, churches, correctional
facilities, parks/recreational facilities, in home daycare, health
facilities (hospitals, long term care facilities, retirement, and
nursing homes) or more than two directly contiguous residential units.
b.
A 20-foot landscaped planter (buffer) shall be installed along
the property line adjacent to a sensitive receptor.
c.
The buffer shall be landscaped and not be less than 50% of the
total buffer size with two rows of 15-gallon trees planted along the
length of the property line adjacent to the sensitive receptor.
d.
The buffer landscape can include areas to be used for bioswales,
retention/detention areas and/or other stormwater and water quality
management areas in compliance with SMC Section 16.56 (Landscaping
Standards).
e.
The buffer area shall include a minimum 10-foot solid decorative
wall(s), or landscaped berm and wall, or landscaped berm adjacent
to sensitive receptors unless a noise analysis indicates an alternative
height is needed for sound attenuation.
g.
All landscaping shall be drought tolerant and, to the extent
feasible, comprised of species with low biogenic emissions. Palm trees
shall not be utilized.
h.
All landscaping areas shall be properly irrigated for the life
of the facility to allow for plants and trees to maintain growth with
no undue pruning.
i.
Tree maintenance shall comply with SMC Chapter 16.56 as a certified Landscape Architect must prepare the Preliminary and Final Landscape plan and certify the planting is water efficient at the time of construction permit approval.
j.
Trees shall be installed in automobile parking areas to provide
at least 35 percent shade cover of passenger vehicular parking areas
within 15 years. Trees shall be planted that can meet this requirement.
The 35 percent shade created by trees amount can be substituted for
solar canopy upon approval by the Director.
k.
To facilitate the installation of future electric vehicle charging
stations for heavy-heavy duty (HHD) trucks, in connection with each
individual development proposal, the subject building improvement
plans shall identify an area for future HHD truck charging stations
and the subject developer shall install conduit from the power source
to the identified area.
l.
Provide EV charging stations for automobiles per building code
and provide conduit to a future designated area for Heavy Duty Turck
Charging Facility.
m.
All truck turning movements at entrances, exits, and street
intersections shall be located on local industrial, collector or arterial
streets and all vehicle entries shall be designed to prevent truck
access to local and back-up residential collector streets.
n.
All trucks and commercial vehicles serving the facility shall
occur in compliance with the City of Stockton Truck Traffic Route
Map in SMC 10.08.030 and Surface Transportation Assistance Act (STAA)
Truck Route Map.
o.
Off-street loading shall comply with Section 16.64.110 Off-street loading space standards and Section 16.36.30 to ensure driveway access and on-site circulation are designed and maintained to increase public safety and reduce congestion on public streets.
p.
Signs shall be posted inside and outside of the building and
facility indicating all off-site parking is prohibited for adjacent
street that do not permit parking.
q.
All truck driveway exits shall include signs directing truck
drivers to the truck routes identified in the City of Stockton Truck
Traffic Route Map and State Highway System designations.
r.
Upon commencement of operations, the tenant/operator of the
facility shall be required to restrict truck idling on site to a maximum
of three minutes, subject to exceptions defined by CARB's commercial
vehicle idling requirements.
2.
Building Design. The following standards shall
apply to all entitlement reviews (design review), grading and improvement
plans, and construction permit reviews associated with facilities
subject to the Logistics Warehouse standards. A copy of these standards
shall be included on the approved (issued) construction plan and kept
on site during all phases of construction.
a.
All qualifying facilities shall be constructed using "cool roof"
materials with an aged reflectance and thermal emittance values that
are equal to or greater than those specified in the current edition
of the California (CAL) Green Building Tier 1 Standards.
b.
Architectural and industrial coatings (e.g. paints) applied
on the qualifying facility(ies) shall be consistent with the Volatile
Organic Compound (VOC) content limits set by the San Joaquin Valley
Air Pollution Control District (SJVAPCD) or the current edition of
the California Green Building Standards Code (CALGreen), whichever
is most restrictive. Developer or tenant is not required to exercise
control over materials painted offsite.
c.
Qualifying facilities shall be constructed in compliance with
the most current edition of all adopted City building codes, including
the adopted Green Building Standards Code. Prior to the issuance of
building permits, the applicant/developer of the qualifying facility(ies)
shall demonstrate (e.g., provide building plans) that the proposed
buildings are designed and will be built.
d.
Each developer of an individual specific development proposal
shall prepare the subject building structures in such a way to accommodate
future solar panels pursuant to applicable Building Code requirements.
e.
The building permit application for qualifying facilities must
demonstrate that sufficient power will be provided from clean energy
sources for the operational base power use at the start of operations.
Developers shall have the following options, or any combination of
options, for procuring clean energy to meet operational base power
needs for new building structures. Options may include: (i) installing
solar panels on the subject building or building site; and/or (ii)
procuring 100 percent clean energy from AVA Community Energy; and/or
(iii) participating in California's Community Solar Program.
f.
Operational base power is defined as the amount of power required
to supply loads for all ordinary operational uses of the site. Loads
for all ordinary operational uses of the site include, as non-exhaustive
examples, loads for minimal heating for fire sprinklers, primary office
space lighting, HVAC, warehouse power, warehouse lighting, site lighting,
minimum power for dock positions (including chargers for yard equipment
and any plug-ins for transport refrigeration units), and the amount
of light-duty electric vehicle supply equipment required by CalGreen
code. Loads for all ordinary operational uses of the site exclude,
as non-exhaustive examples, loads for specialized equipment, non-standard
automation or material handling systems, and chargers for heavy-duty
trucks.
g.
The office portion of a building's rooftop that is not
covered with solar panels or other utilities shall be constructed
with light colored roofing material with a solar reflective index
of not less than 78.
h.
Electrical Room Sizing. To ensure that warehouse electrical
rooms are sufficiently sized to accommodate the potential need for
additional electrical panels, either a secondary electrical room shall
be provided in the building, or the primary electrical room shall
be sized 25 percent larger than is required to satisfy the service
requirements of the building or the electrical gear shall be installed
with the initial construction with 25 percent excess demand capacity.
i.
Warehouse Dock Seal Doors. Exterior loading dock doors that
are adjacent to conditioned or indirectly conditioned spaces shall
have dock seals or dock shelters installed at the time of permitting.
j.
On-site Equipment Infrastructure. Project should provide infrastructure
to support charging of electric power on-site equipment.
k.
Demonstration of compliance with the San Joaquin Valley Air
Pollution Control District (SJVAPCD) Rule 9510 (Indirect Source Review)
is required prior to obtaining any building permit for a qualifying
facility.
l.
Tenant/Operator of the qualifying facility(ies) shall enroll
in the United States Environmental Protection Agency's SmartWay
Program. Proof of enrollment shall be given to the Community Development
Department prior to issuance of a Certificate of Occupancy of a Building
Permit for the facility.
3.
Construction Permit Approval. The following standards
shall apply to all construction related activity associated with facilities
subject to the logistics warehouse standards. A copy of these standards
shall be included on the approved (issued) construction plan and kept
on-site during all phases of construction.
a.
Qualifying facilities shall comply with the San Joaquin Valley
Air Pollution Control District (SJVAPCD) requirements prior to beginning
construction.
b.
All off-road construction equipment, with a power rating of
less than 19 kilowatts (e.g., plate compactors, pressure washers,
shall be electric-powered.
c.
Subject to all other idling restrictions, off-road diesel-powered
construction equipment shall not be left in the "on position" for
more than 10 hours per day.
d.
Temporary electrical hookups to all construction yards and associated
work areas shall be required.
e.
Temporary signage shall be posted in public view throughout
the construction site indicating truck idling lasting more than five
minutes is prohibited. The signs shall include contact information
for the facility operator or designee responsible for receiving complaints
(i.e. excessive dust, fumes, odors) for the site, and contact information
for the San Joaquin Valley Air Pollution Control District's on-line
complaint system and its complaint call-line for those interested
in filing a complaint. Any complaints made to the facility operator's
designee shall be answered within 72 hours of receipt.
f.
The construction contractor(s) shall maintain on the construction
site an inventory of construction equipment, maintenance records,
and datasheets, including design specifications and emission control
tier classifications.
g.
The facilities shall require the construction contractor to
establish one or more locations for food or catering truck service
to construction workers and to cooperate with food service providers
to provide consistent food service.
h.
The facilities shall require the construction contractor to
provide transit and ridesharing information for construction workers.
C.
On-Going Operations. The following standards shall be
implemented during all on-going business.
1.
All forklifts, yard trucks, and other equipment used for on-site
movement of trucks, trailers and warehoused goods, as well as landscaping
maintenance equipment used on the site, shall be electrically powered
or zero-emission unless new technology is determined to be commercially
unavailable.
2.
Where transport by temperature-controlled trucks or trailers
is proposed, on-site electrical hookups shall be provided at loading
docks. Idling or use of auxiliary truck engine power to power climate-control
equipment shall be prohibited.
3.
Employers shall provide employees with transit route and schedule
information on systems serving the facility area and coordinate ridesharing
amongst employees.
4.
Employers shall provide on-site locations for food or catering
truck service and cooperate with food service providers to accommodate
food service to operations employees.
5.
All outdoor areas allowing smoking shall be located at least
25 feet from the nearest property line.
6.
All trucks, supportive vehicles and equipment shall be kept
on site in all loading, storage, and parking areas, and kept behind
locked gates during nonbusiness hours.
7.
Truck queuing, idling, or circling of vehicles, on public streets
adjacent to the facility is prohibited.
8.
Periodic yard and parking area sweeping shall be provided to
minimize dust generation.
9.
Diesel generators are prohibited, except in emergency situations
and during construction when establishing the facility's new
electrical service connection. In those temporary cases, all generators
shall have Best Available Control Technology (BACT) that meets CARB's
Tier 4 emission standards.
(Ord. 2023-12-12-1602, 12/12/2023)
