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.
A.
Residential. Accessory uses shall be incidental to and not alter the residential character of the site.
B.
Nonresidential. Provides standards for accessory uses that may be related to nonresidential uses.
2.
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% 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% 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% 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.
3.
Retail/Service. Provides standards for accessory uses 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% 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% of the floor area covered by the primary use;
iii.
Has an overall site area that is less than 10% 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;
v.
Not located in a required setback area, except as provided for in Section 16.36.120 (Site coverage measurements and exceptions);
vi.
Not adversely impacting circulation or increase the required number of parking spaces; and
vii.
Would comply with existing requirements of agencies having jurisdiction and other appropriate regulatory agency.
(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; Ord. 2025-06-03-1601, 6/3/2025)
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.
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. |
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.
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. |
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.
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. |
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.
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). |
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.
The applicable Review Authority has the discretion to impose additional condition(s) of approval, as warranted by the application under consideration. |
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.
The applicable Review Authority has the discretion to impose additional condition(s) of approval as warranted by the application under consideration. |
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.
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. |
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.
The alcoholic beverage sales establishment voluntarily discontinues active operation for more than 180 consecutive days or ceases to be licensed by the ABC. |
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:
a. | Timely calls to the Police Department that are placed by the use permit holder or responsible party. | |
b. | 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. | |
c. | 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. | |
Based on this determination, the Administrative Hearing Officer may find that the establishment is: | ||
i. | 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 | |
ii. | 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 | |
iii. | 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 | |
iv. | 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. | |
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. | ||
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. | ||
(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 16.36.035 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; Ord. 2025-06-03-1601, 6/3/2025)
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)
A.
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.
1.
License. The operator shall secure and maintain a license from the State of California Department of Social Services.
2.
Fence or Wall. A minimum 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.
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):
(Prior code § 16-365.070; Ord. 001-08 C.S. § 86; Ord. 2020-06-09-1501 C.S. § 20; Ord. 2025-06-03-1601, 6/3/2025)
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)
Note: Former Section 16.80.120, Condominium conversions, derived from Prior code § 16-365.090, was repealed by Ord. 2025-06-03-1601, 6/3/2025.
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)).
(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.
Location. An emergency shelter shall not be established or operated at any location less than 300 feet from another emergency shelter.
B.
Maximum Number of Beds Per Facility. The maximum number of beds per facility shall be determined and as allowed by Building and Fire Codes.
C.
Waiting Area. If the intake of clients occurs on-site there shall be provided an on-site site client intake and waiting area in a location not adjacent to the public right-of-way, that is fully screened from public view, and provides consideration for weather events including shade and rain cover. The intake and waiting area shall be suitably sized to prevent queuing in the public right-of-way or within any parking lot, but shall occupy a maximum area of 400 square feet.
D.
Security. The facility shall have on-site security during all hours when the shelter is open.
E.
Limited Terms of Stay. The maximum term of staying at an emergency shelter is six months in a consecutive 12-month period.
F.
Emergency Shelter Management. On-site management shall be provided to address good neighbor issues, transportation, client supervision, client services and food services. The on-site management shall, at minimum, possess the property owner's and operator's names and contact information, provide on-site security and enact anti-loitering measures.
G.
Compliance with Other Applicable Codes and Regulations. Each emergency shelter shall comply with all applicable local and State health and safety codes such as, but not limited to, the California Building Code, California Fire Code, and California Health and Safety Code.
H.
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.
a.
Information Required, 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.
2.
Development Standards.
a.
Number of Units Permitted. The number of temporary housing units, either individual, or single-unit 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 16.36.095 (Lighting and Illumination).
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.
3.
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; Ord. 2025-06-03-1601, 6/3/2025)
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)
Mobile home parks and subdivisions shall be located, developed, and operated in compliance with the following standards:
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 enforced by the California Department of Housing and Community Development, Division of Building and Housing Standards (the State) and do not relieve the developer from complying with those State or Federal standards not covered herein.
1.
Prior to any construction on a mobilehome park, plans and specifications shall be submitted and approved by the State.
2.
Access. Access to the mobilehome park shall be directly to a major arterial street identified in the Circulation Element of the General Plan or within 500 feet of freeway access ramps.
3.
Setback Requirements. 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.
4.
Parking.
a.
One and one-half automobile parking space shall be required on each mobilehome unit. One space shall be required for resident use and one-half 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.
Screening. A minimum six-foot tall 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).
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.
(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; Ord. 2025-06-03-1601, 6/3/2025)
Note: Former Section 16.80.215, Multi-unit residential, derived from Ord. 2023-01-10-1203 C.S. § 3, was repealed by Ord. 2025-06-03-1601, 6/3/2025.
Note: Former Section 16.80.220, Multifamily development, derived from 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, was repealed by Ord. 2025-06-03-1601, 6/3/2025.
This section provides development 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.
Partial or Complete Kitchen and Bath Facilities.
1.
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.
2.
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.
3.
For purposes of this section, a partial bathroom contains a water closet and sink which may be utilized for both hygiene and cooking purposes.
4.
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.
B.
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.
C.
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.
D.
Each co-living unit shall be designed to accommodate a maximum of two persons.
E.
Individual co-living units may not have separate external entryways.
F.
The co-living unit facility must have a management plan approved by the Housing Division.
G.
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.
H.
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; Ord. 2025-06-03-1601, 6/3/2025)
Note: Former Section 16.80.230, Multi-use facilities, derived from Prior code § 16-365.200; was repealed by Ord. 2025-06-03-1601, 6/3/2025.
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 and junior accessory dwelling units in a manner consistent with Government Code Sections 66310 through 66342. The standards granted per the California Government Code pertaining to accessory dwelling units, shall preempt and supersede any local standards that conflict with the allowances granted under State law.
A.
Review Procedures. The Review Authority shall issue a ministerial building permit for an accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU) without discretionary review or a hearing, consistent with the provisions of this chapter and State law, unless otherwise provided.
B.
Primary Dwelling Unit Required. The lot must be in a zoning district that allows single-unit or multi-unit dwellings and contain an existing primary dwelling unit or multi-unit dwelling at the time an application for an ADU is submitted, or the application for an ADU may be made in conjunction with the development of a primary single-unit dwelling.
C.
Number of Accessory Dwelling Units Allowed. One ADU shall be allowed per parcel except as follows:
1.
When a parcel has existing multi-unit development, at least one ADU, but not more than 25% of the existing multi-unit units are permitted within the portions of existing multi-unit dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each ADU complies with the applicable provisions of Title 15.
2.
When the parcel has multi-unit development, a maximum of eight, but no more than the number existing units on site, detached ADUs are permitted, above and beyond the 25% limit described above.
3.
When the parcel has proposed multi-unit development, a maximum of two detached accessory dwelling units.
4.
One attached ADU and/or one JADU internal to the primary dwelling unit may be constructed on lots with proposed or existing single-unit dwellings.
D.
Development Standards. Except as provided pursuant to California Government Code Section 66323, ADUs shall comply with the development standards of the base, overlay, or specific plan district in which it is located, except as modified below.
1.
Density. An ADU shall not be included in the calculation of the density of the lot on which it is located.
2.
Setbacks.
a.
Attached and detached ADUs 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 ADU, only those portions located outside the existing building envelope are subject to a minimum setback of three feet.
3.
Floor Area.
a.
The maximum floor area of a detached ADU is 1,200 square feet, excluding, where present, any enclosed parking space(s), exterior stairs, or similar non-habitable features.
b.
The total floor area of an attached ADU shall not exceed 50% of the existing primary dwelling or 850 square feet, whichever is greater.
c.
The maximum floor area of a JADU is 500 square feet.
4.
Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit. However, accessory dwelling units attached to single-unit dwellings shall have independent, exterior access and side and rear setbacks sufficient for fire and safety.
E.
F.
Rental or Sale of Unit. An ADU may be rented. The rental term shall be at least 30 days. The ADU shall not be sold or otherwise conveyed separately from the main dwelling unit, except as provided at California Government Code Section 66341 and below.
1.
An ADU may be conveyed separately from the primary dwelling unit as a condominium, pursuant to the following requirements.
a.
The condominiums shall be created pursuant to the Davis-Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4 of the California Civil Code).
c.
Before recordation of the condominium plan, a safety inspection of the accessory dwelling unit shall be conducted as evidenced either through a certificate of occupancy from the local agency or a housing quality standards report from a building inspector certified by the United States Department of Housing and Urban Development.
d.
Neither a subdivision map nor a condominium plan shall be recorded with the County Recorder without each lienholder's consent. The following shall apply to the consent of a lienholder:
e.
Prior to recordation of the initial or any subsequent modifications to the condominium plan, written evidence of the lienholder's consent shall be provided to the County Recorder along with a signed statement from each lienholder that states as follows:
"(Name of lienholder) hereby consents to the recording of this condominium plan in their sole and absolute discretion and the borrower has or will satisfy any additional terms and conditions the lienholder may have."
f.
The lienholder's consent shall be included on the condominium plan or a separate form attached to the condominium plan that includes the following information:
i.
The lienholder's signature.
ii.
The name of the record owner or ground lessee.
iii.
The legal description of the real property.
iv.
The identities of all parties with an interest in the real property as reflected in the real property records.
v.
The lienholder's consent shall be recorded in the office of the County Recorder.
g.
The local agency shall include the following notice to consumers on any accessory dwelling or junior accessory dwelling unit submittal checklist or public information issued describing requirements and permitting for accessory dwelling units, including as standard condition of any accessory dwelling unit building permit or condominium plan approval:
"NOTICE: If you are considering establishing your primary dwelling unit and accessory dwelling unit as a condominium, please ensure that your building permitting agency allows this practice. If you decide to establish your primary dwelling unit and accessory dwelling unit as a condominium, your condominium plan or any future modifications to the condominium plan must be recorded with the County Recorder. Prior to recordation or modification of your subdivision map and condominium plan, any lienholder with a lien on your title must provide a form of written consent either on the condominium plan, or on the lienholder's consent form attached to the condominium plan, with text that clearly states that the lender approves recordation of the condominium plan and that you have satisfied their terms and conditions, if any.
In order to secure lender consent, you may be required to follow additional lender requirements, which may include, but are not limited to, one or more of the following:
h.
Paying off your current lender.
You may pay off your mortgage and any liens through a refinance or a new loan. Be aware that refinancing or using a new loan may result in changes to your interest rate or tax basis. Also, be aware that any subsequent modification to your subdivision map or condominium plan must also be consented to by your lender, which consent may be denied.
i.
Securing your lender's approval of a modification to their loan collateral due to the change of your current property legal description into one or more condominium parcels.
ii.
Securing your lender's consent to the details of any construction loan or ground lease.
This may include a copy of the improvement contract entered in good faith with a licensed contractor, evidence that the record owner or ground lessee has the funds to complete the work, and a signed statement made by the record owner or ground lessor that the information in the consent above is true and correct."
i.
If an accessory dwelling unit is established as a condominium, the homeowner shall notify providers of utilities, including water, sewer, gas, and electricity, of the condominium creation and separate conveyance.
j.
The owner of a property or a separate interest within an existing planned development that has an existing association, as defined in Section 4080 of the California Civil Code, shall not record a condominium plan to create a common interest development under Section 4100 of the California Civil Code without the express written authorization by the existing association.
i.
For purposes of this subdivision, written authorization by the existing association means approval by the board at a duly noticed board meeting, as defined in Section 4090 of the California Civil Code, and if needed pursuant to the existing association's governing documents, membership approval of the existing association.
k.
An accessory dwelling unit shall be sold or otherwise conveyed separate from the primary residence only under the conditions outlined in this section and State law.
G.
Junior Accessory Dwelling Units. In addition to the other standards provided in this section, each 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 primary 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, "double" interior door may be included for sound attenuation.
4.
One JADU is permitted per lot zoned for single-unit dwellings that is developed or proposed to be developed with a single-unit dwelling.
5.
Additional parking is not required for a JADU.
6.
Owner-occupancy is required in the primary dwelling unit in which the JADU will be permitted. The owner may reside in either the primary dwelling unit 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:
(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; Ord. 2025-06-03-1601, 6/3/2025)
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 16.36.035 (Accessory 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; Ord. 2025-06-03-1601, 6/3/2025)
Note: Former Section 16.80.360, Utility equipment, derived from Prior code § 16-365.340; was repealed by Ord. 2025-06-03-1601, 6/3/2025.
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)
Note: Former Section 16.80.375, Wind power equipment, derived from Ord. 015-09 C.S., eff. 12-3-09; was repealed by Ord. 2025-06-03-1601, 6/3/2025.
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.
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.
To all logistics warehouses 400,000 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.
2.
The standards provided in this section (SMC 16.80.390) shall not apply to any new building constructed on property that was incorporated into the City of Stockton prior to December 31, 2023.
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. 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. The following may be included within the 300 feet distance: the building; auto parking; and other site design and use elements, including but not limited to, stormwater basins, employee gathering areas (daytime use), pedestrian and bicycle pathways, outdoor storage, and a drive aisle for auto, truck and emergency vehicle circulation around the building, provided the drive aisle is placed immediately adjacent to the building and not abutting a sensitive receptor.
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 Chapter 16.56 (Landscaping).
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% shade cover of passenger vehicular parking areas within 15 years. Trees shall be planted that can meet this requirement. The 35% 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 light-heavy duty (LHD), medium-heavy duty (MHD), heavy-heavy duty (HHD) trucks, in connection with each individual development proposal, the subject building improvement plans shall identify an area for future LHD, MHD, 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 Section 10.08.030 and Surface Transportation Assistance Act (STAA) Truck Route Map.
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: (1) installing solar panels on the subject building or building site; and/or (2) procuring 100% clean energy from AVA Community Energy; and/or (3) 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% 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% 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; Ord. 2024-07-09-1602, 7/9/2024)
A.
Supportive and Transitional Housing, Generally. Pursuant to California Government Code Section 65583(c)(3), transitional and supportive housing constitute a residential use and are subject only to those restrictions that apply to other residential uses of the same type in the same zoning district.
B.
Supportive Housing, Up to 50 Units. Pursuant to California Government Code Section 65651, supportive housing development with up to 50 supportive housing units shall be permitted by right in all zones where multi-unit and mixed use residential development are permitted provided the development satisfies all of the following requirements:
1.
All supportive housing units within the development are subject to a recorded affordability restriction for 55 years.
2.
100% of the units, excluding managers' units, within the development are dedicated to lower income households and are receiving public funding to ensure affordability of the housing to lower income Californians. For purposes of this paragraph, "lower income households" has the same meaning as defined in Section 50079.5 of the California Health and Safety Code.
3.
At least 25% of the units in the development or 12 units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. If the development consists of fewer than 12 units, then 100% of the units, excluding managers' units, in the development shall be restricted to residents in supportive housing.
4.
The developer shall provide the information required by California Government Code Section 65652 to the Planning Division.
5.
Nonresidential floor area shall be used for onsite supportive services in the following amounts:
a.
For a development with 20 or fewer total units, at least 90 square feet shall be provided for onsite supportive services.
b.
For a development with more than 20 units, at least three percent of the total nonresidential floor area shall be provided for onsite supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.
6.
The developer replaces any dwelling units on the site of the supportive housing development in the manner provided in paragraph (3) of subdivision (c) of Section 65915 of the California Government Code.
7.
Units within the development, excluding managers' units, include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.
8.
Notwithstanding any other provision of this section to the contrary, the local government shall, at the request of the project owner, reduce the number of residents required to live in supportive housing if the project-based rental assistance or operating subsidy for a supportive housing project is terminated through no fault of the project owner, but only if all of the following conditions have been met:
C.
Any change to the occupancy of the supportive housing units is made in a manner that minimizes tenant disruption and only upon the vacancy of any supportive housing units.
(Ord. 2025-06-03-1601, 6/3/2025)