As used in this Development Code, the following terms and phrases
shall have the meaning ascribed to them in this section, unless the
context in which they are used clearly requires otherwise. These definitions
are in alphabetical order. Land uses listed in Table 2-2 are indicated
by a † before the definition of the particular land use.
Access.
The physical arrangement for ingress to and egress from a
parcel or structure (e.g., driveway, walkway, stairs, etc.).
Accessory Residential Uses and Structures.
Any use and/or structure that is customarily a part of, and
clearly incidental and secondary to, a residence and does not change
the character of the residential use. These uses include the following
detached accessory structures, and other similar structures normally
associated with a residential use of property:
garages
|
gazebos
|
greenhouses
|
parking lots (except parking for single-family dwellings, duplexes
and triplexes)
|
spas and hot tubs
|
storage sheds
|
studios
|
swimming pools
|
tennis and other on-site sport courts
|
workshops
|
Also includes the indoor storage of automobiles (including their
incidental restoration and repair), personal recreational vehicles
and other personal property, accessory to a residential use. Does
not include home satellite dish and other receiving antennas for earth-based
TV and radio broadcasts; see "Communications facilities."
|
Accessory Retail Uses.
The retail sales of various products (including food) in
a store or similar facility that is located within a health care,
hotel, office, or industrial complex for the purpose of serving employees
or customers, is not visible from public streets, and has no outside
advertising. Examples of these uses include: pharmacies, gift shops,
and food service establishments within hospitals; convenience stores
and food service establishments within hotel, office and industrial
complexes.
Acreage (Gross).
The total area of a parcel including all of the easements
not included in net acreage, and rights-of-way.
Acreage (Net).
The total area of a parcel excluding areas within deeded
or dedicated road easements or road easements that have been offered
for dedication; areas dedicated to a public agency for parks, public
buildings, schools, street right-of-way; private park and recreation
facilities; and utility easements.
† Activity Centers (Land Use).
Public or privately-owned multipurpose meeting and recreational
facilities open to the general public, and typically consisting of
one or more meeting or multi-purpose rooms or buildings designed to
accommodate public gatherings or meetings for the purpose of recreational,
educational, or cultural endeavors. May include incidental kitchen
and/or outdoor barbecue facilities. Includes community centers.
Adaptive Reuse.
A construction or remodeling project that reconfigures existing
spaces, structures or buildings to accommodate a new use or to accommodate
another purpose than what it was originally designed for.
† Adult Day Care Facilities (Land Use).
State-licensed facilities that provide nonmedical care and
supervision for more than six adults for periods of less than 24 hours
for an individual client.
† Adult–Related Establishments (Land Use).
Any adult bookstore, adult hotel or motel, adult motion picture
arcade, adult motion picture theater, adult video store, cabaret,
sexual encounter center, or any other business or establishment that
offers its patrons services or entertainment characterized by an emphasis
on matter depicting, describing or relating to "specified sexual activities"
or "specified anatomical areas," but not including those uses or activities,
the regulation of which is preempted by State law.
1.
Adult Bookstore or Novelty Store.
An establishment which has more than 25 percent of its total
sales or stock in trade materials that are distinguished or characterized
by their emphasis on matter depicting, describing, or relating to
"specified sexual activities" or "specified anatomical areas," as
defined below.
2.
Adult Hotel or Motel.
A hotel, motel, or other overnight lodging establishment,
which provides, through closed circuit television or other media,
material which is distinguished or characterized by an emphasis on
matter depicting, describing, or relating to "specified sexual activities"
or "specified anatomical areas," (as defined below), for observation
by patrons therein.
3.
Adult Motion Picture Arcade.
Any place to which the public is permitted or invited wherein
coin or slug-operated or electronically, electrically, or mechanically
controlled still or motion picture machines, projectors, or other
image-producing devices are maintained to show images to five or fewer
persons per machine at any one time, and where the images so displayed
are distinguished or characterized by an emphasis on depicting or
describing "specified sexual activities" or "specified anatomical
areas," (as defined below), for observation by patrons therein. Includes
"private entertainment facilities."
4.
Adult Motion Picture Theater.
An enclosed or unenclosed building or structure or portion
thereof used for presenting material in the form of motion picture
film, video tape, slides, or other similar means, which is distinguished
or characterized by an emphasis on matter depicting, describing, or
relating to "specified sexual activities" or "specified anatomical
areas," (as defined below), for observation by patrons therein.
5.
Adult Theater.
Any theater, concert hall, auditorium, or similar commercial
establishment which has more than 25 percent of its total sales from
featuring persons who appear in a state of nudity or semi-nude condition
and/or from featuring live performances, which are distinguished or
characterized by an emphasis upon the exposure of specified anatomical
areas or by specified sexual activities.
6.
Adult Video Store.
An establishment having 25 percent or more of its total stock
in trade in video tapes for sale or rental or having viewing on the
premises which contains material that is distinguished or characterized
by its emphasis on matter depicting, describing, or relating to "specified
sexual activities" or "specified anatomical areas," as defined below,
or an establishment with a segment or section of the store devoted
to the sale or display of such material.
7.
Cabaret.
A bar, nightclub, theater, or other establishment which features
live performances by topless and/or bottomless dancers, "go-go" dancers,
exotic dancers, strippers, or similar entertainers, where such performances
are distinguished or characterized by an emphasis on "specified sexual
activities" or "specified anatomical areas," (as defined below), for
observation by patrons therein.
8.
Massage Parlor.
An establishment where, for any form of consideration or
gratuity, massage, alcohol rub, administration or fomentations, electric
or magnetic treatments, or any other treatment or manipulation of
the human body occurs. Does not include massage therapists ("Medical
services—Health-related facilities"); masseuses under the supervision
of doctors, chiropractors, physical therapists ("Medical services—Medical-related
facilities").
9.
Material.
Relative to adult businesses, means and includes, but is
not limited to, accessories, books, devices, magazines, pamphlets,
photographs, prints, drawings, paintings, motion pictures, and video
tapes, or any combination thereof.
10.
Model Studio.
An establishment where, for any form of consideration or
gratuity, figure models who display "specified anatomical areas" (as
defined below) are provided to be observed, sketched, drawn, painted,
sculptured, photographed, or similarly depicted by patrons paying
such consideration or gratuity, except when the patrons are in attendance
at art or photography classes.
11.
Sexual Encounter Center.
Any business, agency, or person who, for any form of consideration
or gratuity, provides a place where three or more persons may congregate,
assemble, or associate for the purpose of engaging in "specified sexual
activities" or exposing "specified anatomical areas."
12.
Specified Anatomical Areas.
Means:
a.
Less than completely and opaquely covered human genitals or
pubic region, buttock, and female breast below a point immediately
above the top of the areola; and
b.
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
13.
Specified Sexual Activities.
Means:
a.
Human genitals in a state of sexual stimulation or arousal;
b.
Acts of human masturbation, sexual intercourse, or sodomy;
c.
Fondling or other erotic touching or sexual stimulation of human
genitals, pubic region, buttock, or female breasts.
Affordable Housing.
Housing capable of being purchased or rented by a household
with very low, low, or moderate income, based on a household's ability
to make monthly payments. Housing is considered affordable when a
household pays less than 30 percent of its gross monthly income for
housing and utilities. Also see "Household income."
Affordable Rent.
Monthly housing expenses, including a reasonable allowance
for utilities, for rental target units reserved for very low- or low-income
households, as defined by the California Department of Housing and
Community Development. Income levels shall be based on Average Median
Income (AMI) and not exceed the following calculations:
1.
Extremely low income: 0 to 30 percent of AMI.
2.
Very low income: 30 percent to 50 percent of AMI.
3.
Lower income: 50 percent to 80 percent of AMI; the term may
also be used to mean 0 percent to 80 percent of AMI.
4.
Moderate income: 80 percent to 120 percent of AMI.
Affordable Sales Price.
A sales price at which very low and low-income household
can qualify for the purchase of target units, calculated on the basis
of underwriting standards of mortgage financing available for the
development.
Agent.
A person authorized in writing by the property owner to represent
and act for a property owner in contacts with City employees, committees,
Commissions, and the Council, regarding matters regulated by this
Development Code.
† Agricultural Activities and Facilities (Land
Use).
The production, keeping, or maintenance for sale, lease,
or personal use, of plants and animals useful to man, including the
following:
1.
Animal Production/Keeping.
The keeping or raising of farm animals (including cattle, goats, horses, sheep), fowl, poultry, fish, and other animals not commonly regarded as household pets. Does not include wild animals as defined in Section
6.04.020 of the Municipal Code, which are not permitted; swine, including pot-bellied pigs, which are not permitted; or cats, dogs, and other household pets.
2.
Crop Production.
The production of harvestable products that are planted,
grown, and cultivated in the soil.
3.
Accessory Uses and Structures.
A use or structure that is in addition to, secondary and
incidental to, and commonly associated with the primary use or structure,
including barns, silos, coops, sheds, and farm labor housing.
Agriculture.
The breeding, raising, pasturing, and grazing of livestock,
for the production of food and fiber; the breeding and raising of
bees, fish, poultry, and other fowl; and the planting, raising, harvesting,
and producing of agricultural, aquacultural, horticultural, and forestry
crops.
Airport (Major Impact Facility).
Any area of land or water used for the landing and take-off
of aircraft as well as any appurtenant areas used for airport buildings,
aircraft operations, and related facilities, including aprons and
taxiways, control towers, hangers, safety lights, and structures.
Such facilities may also include parachute jump areas and FAA-certified
parachute lofts; and facilities for aircraft manufacturing, maintenance,
repair, and reconditioning. Public airports may include aircraft sales
and dealerships, beauty and barber shops, car rental establishments,
gift shops, hotels and motels, restaurants and bars, tobacco and news
stands, and other similar commercial uses serving the air-traveling
public and airport employees. Also includes agricultural, personal,
restricted, and public use landing strips, defined as follows:
1.
Agricultural or Personal Landing Strip.
A landing strip or heliport for agricultural crop dusting
or personal use of the tenant or owner of the site, not available
for public use, and with no commercial operations.
2.
Restricted Use Airfield.
A landing strip or heliport with exclusive rights of use
reserved to the owners or tenants of units within any cluster development,
multifamily development, subdivision, industry, or institution, with
not more than 10 based aircraft; or an emergency heliport in conjunction
with a hospital or public safety facility.
3.
Public Use Airfield.
Any landing strip, airport, or heliport available for public
use, or listed in the Airport Directory of the current Airman's Information
Manual or in the Pacific Airman's Guide and Chart Supplement.
Airport Land Use Commission (ALUC).
The San Joaquin County Airport Land Use Commission, responsible
for the administration of the Airport Land Use Plan prepared by the
San Joaquin County Council of Governments.
Airport Overlay Zones.
Areas on the ground around, and in the air above, the Stockton Municipal Airport where aircraft operations occur. The airport zones are established by Chapter
16.28 (Overlay Zoning District Land Use and Development Standards) of this Development Code. The following definitions apply to the airport zones.
2.
Approach Surface.
A surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation established by Section
16.28.030 (Aircraft operations (-AIR) overlay district). The perimeter of the approach surface coincides with the perimeter of the approach zone.
3.
Conical Surface.
A surface extending outward and upward from the periphery
of the horizontal surface at a slope of 20 to one for a horizontal
distance of 4,000 feet.
4.
Hazard to Air Navigation.
An obstruction determined to have a substantial adverse effect
on the safe and efficient utilization of the navigable airspace.
5.
Horizontal Surface.
A horizontal plane 150 feet above the established airport
elevation, the perimeter of which, in the plane, coincides with the
perimeter of the horizontal zone.
6.
Larger than Utility Runway.
A runway that is constructed for and intended to be used
by: propeller driven aircraft of greater than 12,500 pounds maximum
gross weight; and jet aircraft.
7.
Obstruction.
Any structure, growth, or other object, including a mobile object, which exceeds a limiting height established by Section
16.28.030 (Aircraft operations (-AIR) overlay district).
8.
Precision Instrument Runway.
A runway having an existing instrument approach procedure
utilizing an instrument landing system (ILS), or a precision approach
radar (PAR). It also means a runway for which a precision approach
system is planned and is so indicated on an approved airport layout
plan or other applicable planning document.
9.
Primary Surface.
A surface longitudinally centered on an airport runway. When
the runway has a specially prepared hard surface, the primary surface
extends 200 feet beyond each end of that runway. The elevation of
any point on the primary surface is the same as the elevation of the
nearest point on the runway centerline.
10.
Runway.
A defined area on an airport prepared for the landing and
takeoff of aircraft along its length.
11.
Transitional Surfaces.
These surfaces extend outward at 90 degree angles to the
runway centerline and the runway centerline extended at a slope of
seven feet horizontally for each foot vertically from the sides of
the primary and approach surfaces to where they intersect the horizontal
and conical surfaces. Transitional surfaces for those portions of
the precision approach surfaces, which project through and beyond
the limits of the conical surface, extend a distance of 5,000 feet
measured horizontally from the edge of the approach surface and at
90 degree angles to the extended runway centerline.
All-Weather Surfacing.
A roadway surfacing material that will allow the roadway
to be safely traversed by a passenger vehicle during any common weather
condition.
Alley.
A public or private roadway, generally not more than 30 feet
wide that provides vehicle access to the rear or side of parcels having
other public street frontage, that is not intended for general traffic
circulation.
Allowed Use.
A use of land identified by Division 2 (Zoning Districts,
Allowable Land Uses, and Zone-Specific Standards) as a permitted or
conditional use that may be established with land use permit and,
where applicable, by site plan, site plan and design review, and/or
building permit approval, subject to compliance with all applicable
provisions of this Development Code.
Alteration.
Any construction or physical change in the internal arrangement
of rooms or the supporting members of a structure, or a change in
the external appearance of any structure, not including painting or
replacement in-kind.
Amusement Devices.
Any amusement machine or device operated by means of the
insertion of a coin, token, or similar object for the purpose of gaming,
as a contest of skill or amusement of any description (e.g., electronic
game machines, pinball machines, shooting galleries, bowling games,
shuffleboard, movie machines, etc).
Ancillary Use.
A use that supports the principle or dominant use of a structure
and that is located on the same parcel.
† Animal Services (Land Use).
Establishments that provide a variety of services for household
pets on a fee or contract basis, including the following, but not
including pet stores ("Pet Stores").
1.
Kennels and Boarding Facilities (Land Use).
Commercial facilities for the keeping, grooming, boarding,
selling, or maintaining of four or more dogs or cats, four months
of age or older for commercial purposes, except for dogs or cats in
pet shops. Includes kennels and catteries.
2.
Pet Grooming (Land Use).
A commercial facility for the washing, brushing, trimming,
and other activities for the grooming of household pets.
4.
Veterinary Clinics and Animal Hospitals (Land Use).
Office and medical treatment facilities used by veterinarians
where animals receive medical and surgical treatment, including large
and small animal veterinary clinics, and animal hospitals. Grooming
and temporary boarding of animals for 30 days is included if incidental
to the hospital use.
Annual State License.
An annual commercial cannabis business license issued by
the California Bureau of Cannabis Control, California Department Food
and Agriculture, or California Department of Public Health.
Antenna.
A device used in communications which transmits or receives
radio signals, including the following.
1.
Antenna, Dish.
A dish-like antenna used to link communication sites together
by wireless transmissions of voice or data. Also called microwave
dish antenna.
2.
Antenna, Panel.
An antenna or array of antennas that are flat and rectangular
and are designed to concentrate a radio signal in a particular area.
Also referred to as a directional antenna.
3.
Antenna, Satellite or Dish.
An antenna for the home, business, or institutional reception
of television, data, and other telecommunications broadcasts from
orbiting satellites.
4.
Antenna, Whip.
An antenna that transmits signals in 360 degrees. These are
typically cylindrical in shape and are less than six inches in diameter.
Also called omnidirectional, stick or pipe antennas.
Antique Store.
A retail store selling works of art, pieces of furniture
or decorative objects made at least 50 years prior to the date of
display in the store.
Apartment Hotel.
A building or portion of a building designed for, or containing
both individual guest rooms or suites of rooms and dwelling units.
Apartment Unit.
An individual dwelling unit within an apartment structure
intended or designed to be occupied by one family for living and sleeping
purposes.
Approved Point of Terminal Drainage.
A location where a drainage system is discharged into a natural
or man-made stream or channel for final dispersion which has been
approved by the City Engineer.
Aquaculture.
The cultivation of marine or freshwater fish, shellfish,
or plants under controlled conditions. Aquaculture includes aquaponics
which integrates aquaculture with hydroponics by recycling the waste
products from fish to fertilize hydroponically growing plants.
ARC.
The Architectural Review Committee of the City, referred
to in this Development Code as "ARC."
Arcade.
See "Commercial amusement facilities."
Architectural Element.
Any aspect of the exterior design of a building, including
massing, articulation, fenestration, color, finish materials, details,
roof, and wall design and features.
Architectural Projection.
A building feature that is mounted on, and/or extends from,
the surface of a building wall or façade, typically above ground
level. Examples of architectural projections include balconies, bay
windows, chimneys, lighting fixtures, etc.
† Artisan Food and Beverage.
Small-scale (maximum 3,500 gross square feet) indoor production or preparation of food made on site with limited to no automated processes involved and may include direct sales to or consumption by consumers. This definition includes uses such as small-batch bakeries, micro-breweries (manufacturing 15,000 barrels per year or less), craft distilleries (manufacturing 150,000 gallons per year or less), boutique wineries (5,000 cases per year or less), small-batch candy shops, coffee roasting, and local cheese makers that produce little to no vibration, noise, fumes, or other nuisances. This use may or may not have outdoor seating or patio as an accessory use subject to Section
16.80.250. Does not include Food and Beverage Product Manufacturing (Land Use).
† Artisan Shops (Land Use).
Retail stores selling art glass, ceramics, jewelry, and other
art and handcrafted items, where the facility includes an area for
the crafting of the items being sold.
Assembly, Places of.
Any facility for the assembly of persons, animals, or vehicles, or a combination thereof, on public or private property for civic, educational, political, religious, entertainment, or social purposes, subject to the requirements of Section
16.80.080 (Assembly, places of).
† Auditoriums, Meeting Halls, and Theaters (Land
Use).
Indoor facilities for public assembly and group entertainment,
other than sporting events, including:
civic theaters, meeting halls, and facilities for "live" theater
and concerts
|
exhibition and convention halls
|
meeting halls and banquet facilities for rent
|
motion picture theaters
|
public and semi-public auditoriums
|
similar public assembly uses
|
Includes adult motion picture theaters and similar adult related uses, which shall comply with standards in Section 16.80.030 (Adult-related establishments). Does not include outdoor theaters, concert and similar entertainment facilities, and indoor and outdoor facilities for sporting events ("Recreation facilities—Outdoor commercial recreation"), or "Private entertainment facilities."
|
† Auto and Vehicle Leasing, and Rental (Land Use).
Establishments leasing, and/or renting new or used automobiles,
trucks and vans. Includes automobile rental facilities. Does not include:
the sale of new or used automobiles, trucks, and vans ("Auto and vehicle
sales—New" and "Auto and vehicle sales—Used"); moving
rentals ("Outdoor retail sales").
† Auto and Vehicle Sales—New (Land Use).
Establishments selling new automobiles, trucks, and vans.
May also include repair shops and the sales of parts and accessories
incidental to vehicle dealerships. Does not include: the sale of auto
parts/accessories separate from a vehicle dealership ("Auto parts
sales"); bicycle and moped sales ("Retail stores"); motorcycle sales
("Recreational vehicle and boat sales, leasing, and rental"); tire
recapping establishments ("Major repair/body work"); businesses dealing
exclusively in used parts ("Recycling—Scrap and dismantling
yards"); semi- and heavy trucks ("Construction, farm, and heavy equipment
sales"); moving rentals ("Outdoor retail sales"); or gas stations
("Auto and vehicle services—Fueling stations").
† Auto and Vehicle Sales—Used (Land Use).
Establishments selling used automobiles, trucks, and vans.
May also include repair shops and the sales of parts and accessories
incidental to vehicle dealerships. Does not include: the sale of auto
parts/accessories separate from a vehicle dealership ("Auto parts
sales"); bicycle and moped sales ("Retail stores"); motorcycle sales
("Recreational vehicle and boat sales, leasing, and rental"); tire
recapping establishments ("Major repair/body work"); businesses dealing
exclusively in used parts ("Recycling—Scrap and dismantling
yards"); semi- and heavy trucks ("Construction, farm, and heavy equipment
sales"); moving rentals ("Outdoor retail sales"); or gas stations
("Auto and vehicle services—Fueling stations").
† Auto and Vehicle Services (Land Use).
The repair, alteration, restoration, towing, painting, cleaning
(including self-service and attended car washes), or finishing of
automobiles, trucks, recreational vehicles, boats, and other vehicles
as a primary use, including the incidental wholesale and retail sale
of vehicle parts as an accessory use. This use includes:
1.
Car Washes (Land Use).
Permanent, self-service, and/or attended car washing establishments, including fully mechanized facilities. May include detailing services. Temporary car washes are fundraising activities where volunteers wash vehicles by hand, and are subject to the requirements of Chapter
16.164 (Temporary Activity Permits).
2.
Fueling Stations (Land Use).
A retail business selling gasoline or other motor vehicle
fuels for gasoline-powered vehicles or charging of electric vehicles,
which may also provide services which are incidental to fuel services.
These secondary services may include vehicle engine maintenance and
repair and towing, as well as minor, accessory retail sales. Includes
gasoline stations and service stations. Does not include the storage
or repair of wrecked or abandoned vehicles ("Recycling and waste facilities");
vehicle painting, body or fender work ("Auto and vehicle services—Major
repair/body work"); trailer rental service ("Outdoor retail sales
and activities"); or the rental of vehicle storage or parking spaces
("Auto and vehicle services— Parking facilities" and "Auto and
vehicle services—Vehicle storage").
5.
Major Repair/Body Work (Land Use).
Repair facilities dealing with entire vehicles, including
repairs requiring the need to pull the engine. Includes towing, collision
repair, other body work, and painting services; and tire recapping
establishments.
6.
Parking Facilities (Land Use).
Any area in, under, or outside of a building or structure
that is designed and used primarily for the temporary parking of operable
motor vehicles, including parking lots, garages, and park and ride
lots. Does not include parking facilities needed to meet off-street
parking requirements.
7.
Vehicle Storage (Land Use).
Service establishments in the business of storing operative
cars, trucks, buses, recreational vehicles, boats, and other motor
vehicles for clients. Includes long-term public and commercial garages,
parking lots and structures, except when accessory to a primary use.
(All primary uses are considered to include any customer or public
use off-street parking required by the Development Code.) Includes
sites where vehicles and/or trailers are stored for rental or leasing.
Does not include dismantling yards ("Recycling facilities—Scrap
and dismantling yards").
Auto Center.
A group of at least five automobile dealerships on at least
three acres.
† Auto Parts Sales (Land Use).
Stores that sell new automobile parts, tires, and accessories.
May also include minor parts installation. Does not include tire recapping
establishments ("Auto and vehicle services—Major repair/body
work") or businesses dealing exclusively in used parts ("Recycling
and waste facilities").
Automated Teller Machine (ATM).
Computerized, self-service machines used by banking customers
for financial transactions, including deposits, withdrawals and fund
transfers, without contact with financial institution personnel. The
machines may be located at or within banks, or in other locations.
Avigation Easement.
An easement granted by a property owner to a public agency
acknowledging that aircraft operations, with related noise and hazards,
may occur within the air space overhead.
Back Office Facility.
Office space accommodating workers engaged in customer telephone
support, information processing, mail order processing, telemarketing,
and similar activities.
Balcony.
Outdoor living space located on the second or higher floor
of a building, enclosed by a railing or other safety barrier.
† Banks and Financial Services (Land Use).
Financial institutions for the deposit, saving, cashing,
investing, and/or management of money and related assets, including:
banks and trust companies
|
check cashing
|
credit agencies
|
holding (but not primarily operating) companies
|
lending and thrift institutions
|
other investment companies
|
securities/commodity contract brokers and dealers
|
security and commodity exchanges
|
vehicle finance (equity) leasing agencies
|
Basement.
Habitable space within a structure where more than one-half
of the distance from its floor to ceiling is below grade. Includes
cellars.
Bay Window.
A window and related structure which extends outward from
an exterior building wall and thereby forms an alcove in the adjoining
interior space.
Beehive.
An enclosed, man-made structure in which honeybee species
live and raise their young.
Block.
A parcel or group of adjacent parcels surrounded by public
streets, highways, freeways, railroad rights-of-way, flood control
or natural drainage channels, unsubdivided acreage, or any combination
of these features.
Blockface.
That portion of a block or tract of land facing the same
side of a single street and lying between the closest intersecting
streets.
† Bridge Clubs and Nongambling Board Games (Land
Use).
Nongambling establishments providing facilities for the participation
in the game of bridge, chess, checkers, backgammon, or other board
games. Does not include card rooms or board games involving gambling
("Card rooms and pool halls/billiard parlors").
† Broadcasting Studios (Land Use).
Commercial and public communications uses. Includes radio
and television broadcasting and receiving stations and studios, with
facilities entirely within buildings. Does not include transmission
and receiving apparatus, including antennas and towers ("Communications
facilities").
† Building Material Stores (Land Use).
Retail establishments selling lumber and other large building
materials, where the majority of storage, display, and sales occur
indoors. Includes: paint, wallpaper, glass, fixtures, nursery stock,
and lawn and garden supplies sold to the general public, even if contractor
sales account for a major proportion of total sales; incidental retail
ready-mix concrete operations. Does not include: establishments primarily
selling electrical, plumbing, heating, and air conditioning equipment
and supplies ("Warehousing and distribution"); hardware stores ("Retail
stores"); or the outdoor sale of building materials, including lumber
yards ("Outdoor retail sales and activities").
Building Official.
The City of Stockton Director of the Community Development
Department, or the Deputy Director, Building Division, or any duly
designated representative.
† Business Support Services (Land Use).
Establishments primarily within buildings, providing other
businesses with services including maintenance, repair and service,
testing, rental, etc. Includes:
blueprinting
|
business equipment repair services (except vehicle repair, see
"Vehicle Services")
|
commercial art and design (production)
|
computer-related services (rental, repair)
|
copying, quick printing, and blueprinting services
|
equipment rental businesses within buildings (rental yards are
under "Equipment Rental")
|
film processing laboratories
|
light equipment repair services where repair occurs on the client
site
|
janitorial services
|
mail advertising services (reproduction and shipping)
|
photocopying
|
photofinishing
|
protective services (other than office related)
|
security services
|
soils and materials testing laboratories
|
window cleaning
|
Cannabis.
Shall have the same meaning as set forth in Business and
Professions Code Section 26001(f) as the same may be amended from
time to time.
Cannabis.
All parts of the plant Cannabis sativa Linnaeus, Cannabis
indica, or Cannabis ruderalis, whether growing or not; the seeds thereof;
the resin, whether crude or purified, extracted from any part of the
plant; and every compound, manufacture, salt, derivative, mixture,
or preparation of the plant, its seeds, or resin. "Cannabis" shall
also mean the separated resin, whether crude or purified, obtained
from cannabis. "Cannabis" does not include the mature stalks of the
plant, fiber produced from the stalks, oil or cake made from the seeds
of the plant, any other compound, manufacture, salt, derivative, mixture,
or preparation of the mature stalks (except the resin extracted therefrom),
fiber, oil, or cake, or the sterilized seed of the plant which is
incapable of germination. For the purpose of this chapter, "cannabis"
does not mean "industrial hemp" as defined by Section 11018.5 of the
Health and Safety Code.
Cannabis Business.
A cultivator operator permit, distributor operator permit,
manufacturer operator permit, non-storefront delivery operator permit,
retailer operator permit, testing laboratory operator permit, or microbusiness
operator permit, issued by the City pursuant to this chapter.
Cannabis Cultivation.
Shall have the same meaning as set forth in Business and
Professions Code Section 26001(l) as the same may be amended from
time to time.
Cannabis Cultivation Operator Permit.
A license issued by the City to plant, grow, harvest, dry,
cure, grade, or trim cannabis and that holds an authorized Annual
State License with an A-License or M-License designation.
Cannabis Cultivation Site.
Shall have the same meaning as set forth in Business and
Professions Code Section 26001(m) as the same may be amended from
time to time.
Cannabis Delivery.
Shall have the same meaning as set forth in Business and
Professions Code Section 26001(p) as the same may be amended from
time to time.
Cannabis Dispensary.
Shall mean a retail location where medical and/or adult-use cannabis may be sold. For purposes of this chapter, "dispensary" shall also include a cooperative. "Dispensary" shall not include the following uses: (1) a clinic licensed pursuant to Chapter
1 of Division
2 of the California
Health and Safety Code; (2) a health care facility licensed pursuant to Chapter
2 of Division
2 of the California
Health and Safety Code; (3) a residential care facility for persons with chronic life-threatening illnesses licensed pursuant to Chapter
3.01 of Division
2 of the California
Health and Safety Code; (4) a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division
2 of the California
Health and Safety Code; (5) a residential hospice or home health agency licensed pursuant to Chapter 8 of Division
2 of the California
Health and Safety Code.
Cannabis Distribution.
Shall have the same meaning as set forth in Business and
Professions Code Section 26001(r) as the same may be amended from
time to time.
Cannabis Distributor Operator Permit.
A permit issued by the City to procure, sell, and transport
cannabis and cannabis products to a person or persons who hold an
authorized Annual State License with an A-License or M-License designation.
Cannabis Manufacturer.
Shall have the same meaning as set forth in Business and
Professions Code Section 26001(ah) as the same may be amended from
time to time.
Cannabis Manufacturer Operator Permit.
A permit to conduct the production, preparation, propagation,
or compounding of cannabis or cannabis products either directly or
indirectly or by extraction methods, or independently by means of
chemical synthesis, or by a combination of extraction and chemical
synthesis at a fixed location that packages or re-packages cannabis
or cannabis products or labels or re-labels its container to a person
or persons who hold an authorized Annual State License with an A-License
or M-License designation.
Cannabis Manufacturing Site.
Shall have the same meaning as set forth in Business and
Professions Code Section 19300.5 (a-f) as the same may be amended
from time to time.
Cannabis Non-Storefront Delivery Operator Permit.
A cannabis business that holds a valid retail Annual State
License that delivers cannabis and cannabis products to customers
from a licensed premises that is not accessible by or open to members
of the public.
Cannabis Nursery.
Shall have the same meaning as set forth in Business and
Professions Code Section 26001(aj) as the same may be amended from
time to time.
Cannabis Retailer Operator Permit.
A retail storefront permitted by the City where medical and/or adult-use cannabis products can be sold. For purposes of this chapter, "retailer operator permit" shall also include a cooperative. "Retailer operator permit" shall not include the following uses: (1) a clinic licensed pursuant to Chapter
1 of Division
2 of the California
Health and Safety Code; (2) a health care facility licensed pursuant to Chapter
2 of Division
2 of the California
Health and Safety Code; (3) a residential care facility for persons with chronic life-threatening illnesses licensed pursuant to Chapter
3.01 of Division
2 of the California
Health and Safety Code; (4) a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division
2 of the California
Health and Safety Code; or (5) a residential hospice or home health agency licensed pursuant to Chapter 8 of Division
2 of the California
Health and Safety Code.
Cannabis Testing Laboratory.
Shall have the same meaning as set forth in Business and
Professions Code Section 26001(at) as the same may be amended from
time to time.
† Card Rooms (Land Use).
Business, activity, or enterprise conducting card games, as defined in Title
5 of SMC. Does not apply to any bona fide nonprofit society club, fraternal, labor, or other organizations having adopted bylaws and duly elected directors and members having exclusive use of these facilities at no charge, and whose operation is incidental to the main purpose of the organization. Does not include bridge clubs, chess clubs, and other nongambling board games ("Bridge clubs and nongambling board games"). Card rooms shall comply with the standards for problem uses (Section
16.80.270).
† Caretaker and Employee Housing (Land Use).
A temporary or permanent residence that is accessory to a
nonresidential primary use of the site, where needed for security
or 24-hour care or supervision. Does not include living quarters within
a single-family dwelling for domestic employees ("Single-family dwelling").
Categorical Exemption.
As defined by Section 15354 of the State CEQA Guidelines
(Title 14,
California Code of Regulations), an exemption from CEQA
for a class of projects based on a finding by the Secretary of Resources
that the class of projects does not have a significant effect on the
environment.
Channel Area.
The area that is generally along the north and south shores
of the Stockton Channel approximately between Weber Point and Louis
Park. Specifically, it begins at the intersection of the centerlines
of Weber Avenue and Center Street; then goes west along the centerline
of Commerce Street; south along the centerline of Commerce Street
to its intersection with the northerly right-of-way line of the Crosstown
Freeway; follows the western and then northwestern right-of-way line
to the intersection of the freeway and the eastern centerline of Mormon
Slough; continuing west along the centerline of Mormon Slough to its
intersection with the centerline of the Stockton Channel; then west
along the centerline of the Stockton Channel to its intersection with
the centerline of Monte Diablo Avenue; then east along the centerline
of Monte Diablo Avenue to its intersection with the centerline of
Ryde Avenue; then south along the centerline of Ryde Avenue to its
intersection with the centerline of Monroe Street; then north along
the centerline of Monroe Street to its intersection with the centerline
of Park Street; then along the centerline of Park Street to its intersection
with the centerline of Center Street; and finally along the centerline
of Center Street to the beginning point.
† Child Care Facilities (Land Use).
Facilities that provide nonmedical care and supervision of
minor children for periods of less than 24 hours for an individual
child. These facilities include the following, all of which are required
to be licensed by the California State Department of Social Services:
1.
Child Care Center (Land Use).
Commercial or nonprofit child day care facilities designed
and approved to accommodate 15 or more children. Includes infant centers,
preschools, sick-child centers, day care centers, and school-age day
care facilities. These may be operated in conjunction with a school
or church facility, or as an independent land use.
2.
Large Family Child Care Home (Land Use).
A child care facility located in a single-family residence
where an occupant of the residence provides care and supervision for
nine to 14 children. Children under the age of 10 years who reside
in the home count as children served by the child care facility.
3.
Small Family Child Care Home (Land Use).
A child care facility located in a single-family residence
where an occupant of the residence provides care and supervision for
eight or fewer children. Children under the age of 10 years who reside
in the home count as children served by the child care facility.
Church.
See "Religious facilities."
City.
The City of Stockton.
City Approved Plan.
Any plan approved by the City Engineer or authorized representative
with the signed concurrence of the City Landscape Architect or any
plan approved by the Council or City Landscape Architect.
City Council.
The Stockton City Council, referred to in this Development
Code as the "Council."
City Engineer.
For purposes of this Development Code, the person(s) designated by the City Manager as the City Engineer, or a duly designated representative, to fulfill the duties of City Engineer in compliance with Section
16.212.080 (City Engineer), as well as other duties defined by this Development Code.
City Landscape Architect.
An individual designated by the City Manager as Parks Facility
Planner (Landscape Architect), or any duly designated representative.
City Manager.
An individual designated by the Council as City Manager,
or any duly designated representative of the City Manager.
† Clubs, Lodges, and Private Meeting Halls (Land
Use).
Permanent, headquarters-type and meeting facilities for organizations
operating on a membership basis for the promotion of the interests
of the members, including facilities for:
business associations
|
civic, social, and fraternal organizations
|
labor unions and similar organizations
|
political organizations
|
professional membership organizations
|
other membership organizations
|
yacht clubs
|
Code.
The Stockton Municipal Code.
Collectibles.
Objects and artifacts favored and accumulated by collectors,
including coins, stamps, sport cards, ceramics, and others.
Collectives.
Businesses, farms, etc., jointly owned and operated by members
of a group. Should be an organization that merely facilitates the
collaborative efforts of patient and caregiver members, including
the allocation of costs and revenues.
† Commercial Amusement Facilities (Land Use).
Establishments providing indoor amusement and entertainment
services for a fee or admission charge, including the following indoor
activities:
amusement and theme parks
|
arcades
|
bingo
|
dance halls, clubs, and ballrooms
|
dart throwing booths
|
electronic arcade games
|
interactive inflatable attractions
|
laser tag and similar games
|
Two or less arcade machines are not considered a land use separate
from the primary use of the site. Does not include arcade games or
other activities located within private entertainment facilities ("Private
entertainment facilities"), recreational facilities such as sport
facilities ("Indoor recreation facilities" and "Outdoor commercial
recreation facilities"), as well as "Equestrian facilities," "Golf
courses/country clubs," "Parks and playgrounds," and "Private recreational
facilities."
|
Commercial Cannabis Activity.
The cultivation, possession, manufacture, distribution, processing,
storing, laboratory testing, packaging, labeling, transportation,
delivery or sale of cannabis or sale of cannabis and cannabis products
or any other activity provided for in this code and in the Medicinal
and Adult-Use Cannabis Regulation and Safety Act (Business and Professions
Code, Division 10).
† Commissary (Land Use).
An establishment where food, containers, equipment, or supplies
are stored, handled, prepared, or prepackaged for use in motorized
food wagons.
Commissary Kitchen.
A retail or non-retail food establishment devoted to the
commercial preparation, production, and cooking of food and beverages
for on- or off-site consumption.
Commission.
The City of Stockton Planning Commission, referred to in
this Development Code as the "Commission."
Common Interest Development.
A development that is created whenever a separate interest
coupled with an interest in the common area or membership in the association
is, or has been, conveyed. It includes a condominium, community apartment
project, planned development, or stock cooperative, in compliance
with
Civil Code Section 1351.
† Communications Facilities (Land Use).
A public or private structure that supports antennas, microwave dishes, and other related equipment for sending and/or receiving radio and television signals. These facilities may support a variety of services, including: cellular telephone; personal communication services (PCS) and networks; paging; dispatching enhanced specialized mobile radio; television; radio; and all other wireless communications except for satellite antennas, amateur (ham) radio communication facilities, and citizen band radio antennas which are incidental to the primary use and meet the standards for such uses (Section
16.44.050). Does not include telephone, telegraph, and cable television transmission facilities utilizing hard-wired or direct cable connections. Communication facilities shall comply with the standards for communication facilities (Chapter
16.44).
1.
Major Communication Facility (Land Use).
A communication facility that: (a) is a freestanding, ground-mounted
facility; (b) is structure- or roof-mounted and exceeds 10 feet in
height above the roof ridge line; or (c) does not qualify as a "Minor
communication facility," below.
2.
Minor Communication Facility (Land Use).
A communication facility that is: (a) within the public right-of-way
and structurally integrated into or on top of a light standard, utility
pole, or a metal or precast concrete monopole that is similar in design
to a street light pole or street tree, or similar structure; (b) structure-
or roof-mounted not exceeding 10 feet in height above the roof ridge
line unless designed as a stealth facility; or (c) a co-location at
lower height, structurally integrated, or freestanding stealth facility.
Communications Facility.
2.
Antenna.
A device used in communications which transmits and/or receives
radio or television signals, including dish, panel parabolic, and
whip antennas.
4.
Co-location.
The locating of wireless communications equipment for multiple
users on a single ground-mounted, roof-mounted, or structure-mounted
facility.
5.
Equipment Shelter/Cabinet.
A building or cabinet used to house radio and computer equipment
that is used for the transmission and/or reception of wireless radio
signals.
6.
Ground-Mounted.
Mounted to a pole, monopole, lattice tower, or other freestanding
structure specifically constructed for the purposes of supporting
antennas and/or microwave dishes.
7.
Lattice Tower.
A structure with three or four steel support legs that supports
a variety of antennas. These towers generally range in height from
60 to 200 feet and are constructed in areas where increased height
is needed, microwave antennas are required, or where the weather demands
a more structurally-sound design.
8.
Major Communication Facility.
A communication facility that:
a.
Is one of the following types of facilities:
i.
A freestanding ground-mounted facility; or
ii.
A structure- or roof-mounted facility that is more than 10 feet
above the roof ridge line; and
b.
Does not qualify as a "Minor communication facility."
9.
Minor Communication Facility.
A communication facility that:
a.
Is within the public right-of-way and structurally integrated
into or on top of a light standard, utility pole, or a metal or precast
concrete monopole (similar in design to a street light pole or street
tree) or similar structure;
b.
Is structure or roof-mounted so as not to be more than 10 feet
above the roof ridge line, unless designed as a stealth facility;
or
c.
Is a co-location at lower height, structurally integrated, or
a freestanding stealth facility.
10.
Microwave.
Spectrum frequencies from a GHz to 300 GHz; highly directional
when used for radio frequency transmissions. Uses relatively low transmitter
power levels when compared to other forms of transmission.
11.
Monopole.
A structure composed of a single spire used to support antennas
and related equipment.
12.
Radio Frequency Radiation (RFR).
An emission of wireless communication caused by the movement
of electromagnetic energy through space, which lies in the frequency
range from three kHz to 300 GHz. This term is also used interchangeably
with electromagnetic fields (EMP).
13.
Radome.
A dome or spherical-like cover fabricated for the protection
and concealment of antennas.
14.
Roof-Mounted.
Antennas and/or equipment mounted above the roof ridge line
of a structure.
16.
Stealth Facility.
A communications facility that is integrated or attached
as part of a structure or is a freestanding monopole incorporating
flush mounted antennas or a radome design.
17.
Structure-Mounted.
Mounted to, or as part of, a structure (e.g., a building,
billboard, church steeple, freestanding sign, water tank, etc.).
† Community Garden.
An otherwise undeveloped lot divided into multiple garden plots where persons not owning or residing on the property grow and harvest fruits, vegetables, fiber, nuts, seeds, flowers and culinary herbs primarily for personal consumption or use of the growers, and that is established, operated, and maintained by a group of persons, other than the City. A community garden does not include a private garden or edible landscaping on a lot developed with one or more residences and devoted to the personal use of the occupants of the residences. Community gardens are subject to the requirements of Section
16.80.130 (Community gardens).
Conditional Use.
A use of land identified by Division
2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) as being allowed in a particular zoning district subject to the approval of a use permit in compliance with Chapter
16.168 (Use Permits).
Condominium.
As defined by
Civil Code Section 1351, means a development
where undivided interest in common in a portion of real property is
coupled with a separate interest in space called a unit, the boundaries
of which are described on a recorded final map or parcel map. The
area within the boundaries may be filled with air, earth, or water,
or any combination thereof, and need not be physically attached to
any land except by easements for access and, if necessary, support.
Conducting Authority.
The legislative body authorized by the Local Agency Formation
Commission to conduct proceedings for a boundary or organization change
in compliance with
Government Code Section 56029.
† Conservation Areas (Land Use).
Environmentally sensitive areas of land or water, essentially
unimproved, that have been set aside, dedicated, designated, or reserved
for protection from any activity that would significantly alter their
open space or passive recreational value or ecological integrity,
balance, or character. Includes wetlands, vernal pools, floodplains,
riparian forests, riparian corridors, and habitat for multiple species
of wildlife; preserves; and lands designated as Agricultural habitat
lands, multi-purpose open space lands, and natural lands in the San
Joaquin County Habitat Conservation Plan which are in need of being
preserved for their habitat and/or open space values. Includes interpretive
centers and passive outdoor recreation areas. Does not include parks,
playgrounds, and athletic fields for active recreational uses ("Parks
and playgrounds") or privately-owned, commercial facilities ("Outdoor
commercial recreation," "Indoor recreation facilities," or "Recreational
vehicle parks").
Containerized Storage Units.
Unmodified, stackable, metal shipping containers that are greater than 120 square feet, not permanently affixed to the ground, and used for accessory storage. Subject to the requirements for accessory uses and structures (Section
16.80.020).
Contiguous.
Next to, abutting, adjacent, or touching and having a boundary,
or portion of it, that is in common. Two parcels will be considered
to be contiguous even if there is an existing road, street, utility
easement, river, or railroad right-of-way between them provided the
underlying fee title of the road, street, utility easement, river,
or railroad right-of-way is owned by the owner of the two parcels.
† Convenience Stores (Land Use).
Easy access retail stores selling a combination of alcohol, gasoline, and a range of merchandise to provide a variety of items primarily for the motoring public. Convenience stores shall comply with the standards for alcoholic beverage sales (off-sale) (Section
16.80.040) and for problem uses (Section
16.80.270).
Cottage Food Operations.
A home-based business that can prepare and package non-potentially
hazardous foods in a private home kitchen and has received a cottage
food license from San Joaquin County Environmental Health Department.
Council.
The City Council of the City of Stockton, referred to in
this Development Code as the "Council."
Dedication.
The transfer of property by the owner to a public agency
or utility for specific purposes such as streets, roads, utilities,
and parks.
Delineated Drainage Area.
An area identified in the 1973 Siegfried/Nolte study and
amendments thereto as a drainage district or basin which is capable
of being drained with an integrated drainage system of trunk lines
and outfall works.
Density.
The number of housing units per net acre, unless otherwise
stated, for residential uses.
Department.
The Stockton Community Development Department, referred to
in this Development Code as "Department."
Design.
In relation to public improvements and subdivisions, design
is street alignments, grades and widths; drainage and sanitary facilities
and utilities, including alignments and grades; locations and size
of all required easements and rights-of-way; fire roads; lot size
and configuration; traffic access; grading; land to be dedicated for
park or recreational purposes; and other specific requirements in
the plan and configuration of the entire subdivision or development
as may be necessary or convenient to insure conformity to or implementation
of the General Plan or any adopted specific plan.
Detached Structure.
Any structure that does not have a wall or roof in common
with another structure.
Developer.
A person, firm, corporation, partnership or association who
proposes to develop or subdivide real property for oneself or others.
Development.
Any subdivision, construction activity, or alteration of
the landscape, its terrain contour or vegetation, including the erection
or alteration of structures. New development is any construction,
or alteration of an existing structure or land use, or establishment
of a land use, after the effective date of this Development Code,
and is subject to this Development Code.
Development Agreement.
A contract between the City and an applicant for a development project, in compliance with Chapter
16.128 (Development Agreements) of this Development Code and
Government Code Sections 65864 et seq. A development agreement is intended to provide assurance to the applicant that an approved project may proceed subject to the policies, rules, regulations, and conditions of approval applicable to the project at the time of approval, regardless of any changes to City policies, rules, and regulations after project approval. In return, the City may be assured that the applicant will provide infrastructure and/or pay fees required by a new project.
Development Code.
The Stockton Development Code, Title 16 of the Stockton Municipal
Code, referred to herein as "this Development Code."
Development Standard.
A site or construction condition, including, but not limited
to, height limits, required setbacks, maximum floor area ratio, on-site
open-space requirement, or required parking that applies to a residential
development pursuant to any ordinance, General Plan, specific plan,
Charter, or other local condition, law, policy, resolution, or regulation.
Director.
The City of Stockton Community Development Director, referred
to in this Development Code as the "Director."
Discount Superstores.
General retail stores that contain a full service grocery department under the same roof that shares entrances and exits with the rest of the store area, exceed 100,000 square feet of gross "sales floor area," and devote at least 10 percent of the total sales floor area to the sale of "nontaxable merchandise." See Chapter
16.24.
Downtown.
The area of the City of Stockton generally bounded by Fremont
Street, Aurora Street, Hazelton Avenue, and Interstate 5.
Downtown Core.
The area of the City of Stockton bounded by Park Street,
Union Pacific Railroad tracks, the Crosstown Freeway, and Interstate
5 as illustrated by the Stockton 2040 General Plan.
DRC.
The Development Review Committee of the City, referred to
in this Development Code as the "DRC."
Drive-In and Drive-Through Sales.
Facilities where food or other products may be purchased
by motorists without leaving their vehicles. These facilities include
fast-food restaurants, drive-through coffee, dairy product, photo
stores, etc.
Drive-In and Drive-Through Services.
Facilities where services may be obtained by motorists without
leaving their vehicles. These facilities include drive-up bank teller
windows, dry cleaners, etc. Does not include: automatic teller machines
(ATMs) or automobile service stations, or car washes, which are separately
defined.
Driveway.
A means of vehicular access from private property to traveled
vehicular way which traverses public right-of-way.
1.
Nonresidential Driveway.
A driveway used for nonresidential purposes, including driveways
used primarily by commercial vehicles for commercial purposes and
to serve a business establishment.
Dry Cleaning Pick-Up Stores.
Dry cleaning establishments of less than 2,000 square feet
that do not use chemical processes. See "Personal Services, Unrestricted."
† Duplexes (Land Use).
Freestanding residential structures under single ownership
containing two attached independent dwellings, each with one kitchen
and direct outdoor access. Does not include "Rooming and/or Boarding
Houses."
Dwelling.
Any structure designed or used for the shelter or housing
of one or more persons.
† Dwelling Group (Land Use).
A group of two or three single-family homes, including tiny
homes (permanent), occupying a parcel of land in one ownership and
having a yard or court and parking in common. Does not include multifamily,
triplexes, or motels.
† Educational Facilities (Land Use).
Facilities that provide for the education and/or training
of individuals or groups.
2.
Academic Schools—Public (Land Use).
Public elementary schools, middle schools, secondary schools,
high schools, community colleges, colleges, universities, and any
other public school providing academic instruction for students from
kindergarten through 12th grade and higher.
4.
Equipment Repair and Maintenance Training (Land Use).
Facilities and programs for training students in the repair
and maintenance of business equipment and consumer products, including:
computers and other electronic equipment; television and radio and
other appliance repair; watch, clock, and jewelry repair; re-upholstery
and furniture repair; and shoe repair.
5.
Specialized Education and Training (Land Use).
Facilities for instructing and training students in a variety
of specialized programs. These uses include the following:
art schools
|
ballet and other dance academies
|
business and secretarial schools
|
computers and electronics training schools
|
courses by mail
|
drama schools
|
driver education schools — passenger vehicles
|
firearms training center
|
gymnastics
|
language schools
|
martial arts schools
|
music schools and academies
|
professional schools (accounting, computer, etc.)
|
seminaries/religious ministry training facilities
|
Also includes facilities, institutions, and conference centers
that offer specialized programs in personal growth and development,
including fitness, environmental awareness, arts, communications,
and management. Does not include pre-schools and child day care facilities
("Child care facilities"); law and medical schools ("Educational facilities,
academic schools— Public" and "Colleges and universities—Private").
|
6.
Vehicle Repair and Maintenance Training (Land Use).
Facilities and programs for training students in the repair
and maintenance of vehicles, including: repair, alteration, restoration,
towing, painting, cleaning, or finishing of automobiles, motorcycles,
trucks, recreational vehicles, boats, and other vehicles.
7.
Vocational and Technical Schools (Land Use).
Also known as trade schools or technical colleges, these
schools focus on skills training for particular jobs or career fields,
rather than on academics in the liberal arts. Programs at these schools
typically last one to two years full-time, although students may attend
part-time, and students may obtain diplomas, certificates or associate
degrees, depending on the length of the program. This use typically
includes the following programs: nursing and occupational therapy,
computer programming, carpentry, plumbing, accounting clerk, dental
hygienist, veterinary technician and welder.
Effective Removal (Tree).
Any technique, operation, or activity that could lead to
the permanent disfigurement, destruction, or the removal (as determined
by the Director) of a tree, including any extreme pruning which is
not consistent with proper urban forestry Arboriculture practices.
Electric Vehicle Charging Station.
A station that is designed in compliance with the California
Building Standards Code and delivers electricity from a source outside
an electric vehicle into one or more electric vehicles. An electric
vehicle charging station may include several charge points simultaneously
connecting several electric vehicles to the station and any related
equipment needed to facilitate charging plug-in electric vehicles.
† Electronics, Equipment, and Appliance Manufacturing
(Land Use).
Establishments engaged in manufacturing machinery, apparatus,
and supplies for the generation, storage, transmission, transformation,
and use of electrical energy. May include the assembly of the manufactured
parts. Includes:
appliances including stoves/ovens, refrigerators, freezers,
laundry equipment, fans, vacuum cleaners, sewing machines
|
aviation instruments
|
electrical transmission and distribution equipment
|
electronic components and accessories, and semiconductors, integrated
circuits, related devices
|
electronic instruments, components, and equipment, including
computers and calculators
|
electrical welding apparatus
|
lighting and wiring equipment including lamps and fixtures,
wiring devices, vehicle lighting
|
industrial apparatus
|
industrial controls
|
instruments for measurement, testing, analysis and control,
associated sensors, and accessories
|
miscellaneous electrical machinery, equipment, and supplies
including batteries, X-ray apparatus and tubes, electromedical and
electrotherapeutic apparatus, electrical equipment for internal combustion
engines
|
motors and generators
|
optical instruments and lenses
|
photographic equipment and supplies
|
pre-recorded magnetic tape
|
radio and television receiving and sound reproduction equipment
including televisions and radios; sound recorders; CDs, DVDs, and
phonograph record players; surgical, medical and dental instruments,
equipment, and supplies
|
surveying and drafting instruments
|
telephone and telegraph apparatus
|
transformers, switch gear, and switchboards
|
watches and clocks
|
Does not include testing laboratories (soils, materials testing,
etc.) ("Business support services"); research and development facilities
separate from manufacturing ("Research and development"); assembly
only of parts ("Manufacturing, light manufacturing—Product assembly
and distribution"); professional, scientific, and controlling instruments
("Handcraft industries, small-scale manufacturing").
|
Emergency Machinery, Vehicles, or Alarm.
Any machinery, vehicle or alarm used, employed, performed
or operated in an effort to protect, provide or restore safe conditions
in the community, or work by private or public utilities when restoring
utility service.
Emergency Work.
Work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
Encroachment Permit.
A permit required to do excavations, construction, maintenance,
and/or repairs in a public street, alley, or other public place, including
working on public improvements or franchised utilities.
Enlargement of Use.
The expansion of a land use activity on a site or within
a structure so that the use/activity occupies more floor or site area
than before the expansion.
Entitlement.
An authorization from the City for development or the use
of property.
Environmental Assessment.
A detailed statement setting forth the environmental effects
and considerations pertaining to a project as specified in the California
Environmental Quality Act, and may mean either a draft or a final
EIR, or an initial study leading to a negative declaration.
Environmental Impact Report (EIR).
An informational document used to assess the physical characteristics
of an area and to determine what effects will result if the area is
altered by a proposed action, prepared in compliance with the California
Environmental Quality Act (CEQA).
† Equestrian Facilities (Land Use).
Commercial horse, donkey, and mule facilities including horse
ranches, boarding stables, riding schools and academies, horse exhibition
facilities (for shows or other competitive events), pack stations,
and barns, stables, corrals, and paddocks accessory and incidental
to these uses.
† Equipment Rental (Land Use).
Service establishments with outdoor storage/rental yards,
which may offer a wide variety of materials and equipment for rental,
including construction equipment. Does not include the rental of equipment
utilizing a combustion engine ("Construction, farm, and heavy equipment
sales") or rental of equipment that is totally indoors ("Retail stores").
Equity Program.
A program designed 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.
Exaction.
A contribution or payment required as an authorized precondition
for receiving a development permit.
Explosives.
Any substance defined as an explosive by Health and Safety
Code Sections 12000 et seq., and for which a permit is required by
the
Health and Safety Code.
† Fabric Product Manufacturing (Land Use).
Manufacturing establishments assembling clothing, draperies,
and other products by cutting and sewing purchased textile fabrics
and related materials including leather, rubberized fabrics, plastic,
and furs. Includes: apparel and other finished products made from
fabrics and similar materials; hats (assembly); leather gloves and
mittens; handbags and small leather goods; luggage; miscellaneous
leather goods. Does not include custom tailors and dressmakers not
operating as a factory and not located on the site of a clothing store
("Personal services"). See also "Textile and leather product manufacturing."
Farmer's Market.
An open air market that offers the sale of fresh agricultural
products directly to the consumer where the vendors are generally
individuals who have raised the vegetables or produce.
Feasible.
Capable of being accomplished in a successful manner within
a reasonable period of time, taking into account economic, environmental,
social and technological factors.
Final Map.
A subdivision map prepared in compliance with Subdivision Map Act, Article 2, Chapter
2, and approved in compliance with Subdivision Map Act, Article 4, Chapter 3, that is used to complete the subdivision of five or more parcels.
Finish Grade.
The ground elevation after the completion of grading operations.
Floodplain Management.
The operation of an overall program of corrective and preventive
measures for reducing flood damage and preserving and enhancing, where
possible, natural resources in the floodplain, including, but not
limited to, emergency preparedness plans, flood control works, floodplain
management regulations, and open space plans. This includes the following
terms which shall have the same meanings as defined in California
Government Code Section 65007.
4.
National Federal Emergency Management Agency Standard of Flood
Protection;
6.
State Plan of Flood Control;
10.
Urban Level of Flood Protection.
† Food and Beverage Product Manufacturing (Land
Use).
Manufacturing establishments packaging, repackaging, production,
or processing of an edible substance, ice, beverage, or ingredient
used or intended for use or for sale in whole or in part for animal
or human digestion, or certain related products. This definition includes
uses such as:
bakeries
|
bottling plants
|
breweries
|
candy, sugar and confectionery products manufacturing
|
canneries
|
catering services separate from stores or restaurants
|
coffee roasting
|
dairy products manufacturing
|
fats and oil product manufacturing
|
fruit and vegetable canning, preserving, and related processing
|
grain mill products and by-products
|
prepared meat products
|
sausage
|
soft drink production
|
wineries
|
miscellaneous food item preparation from raw products
|
May include tasting and accessory retail sales of beverages
produced on site. Does not include a tasting facility separate from
the manufacturing facility where alcoholic beverages are tasted ("Alcoholic
beverage sales—Bars and nightclubs") or where beverages are
nonalcoholic ("Restaurant"); bakeries which sell all products on site
("Retail stores"); beer brewing as part of a brew pub, bar, or restaurant
("Bars and nightclubs"); meat, poultry, and seafood canning, curing,
byproduct processing ("Manufacturing, heavy manufacturing—Canning
and kindred food products manufacturing"); the killing/slaughtering
of animals, or rendering plants ("Major impact facilities"); or Artisan
Food and Beverage.
|
† Food Truck Park (Land Use).
A permanent open-air facility that is designed to accommodate
two or more operating motorized food wagons to offer food or beverages
for sale to the public located on a developed lot or parcel(s). The
food truck park is strictly for the sale of foods or beverages. The
scale of uses that encompass the food truck park include food truck
pod, food truck hub, and food truck plaza.
1.
Food Truck Pod (Land Use).
A permanent open-air facility that is designed to accommodate
two to five operating motorized food wagons to offer food or beverages
for sale to the public located on a developed lot or parcel(s).
2.
Food Truck Hub (Land Use).
A permanent open-air facility that is designed to accommodate
six to 10 or more operating motorized food wagons to offer food or
beverages for sale to the public located on a developed lot or parcel(s).
3.
Food Truck Plaza (Land Use).
A permanent open-air facility that is designed to accommodate
11 or more operating motorized food wagons to offer food or beverages
for sale to the public located on a developed lot or parcel(s).
Freeway.
Any highway that the owners of abutting lands have no right
to easement of access to or from their abutting lands or the owners
have only limited or restricted right or easement of access, that
has no at-grade intersections or crossings, and that is under the
jurisdiction of California Department of Transportation and has been
declared to be a freeway in compliance with the California Streets
and Highways Code.
Frontage.
The portion of a lot that is adjacent to, and parallel to,
the street right-of-way, including all contiguous property owned by
or under the control of the applicant.
† Funeral Facilities and Services (Land Use).
Facilities providing interment services. Includes:
1.
Cemeteries (Land Use).
Establishments engaged in subdividing property into cemetery
lots and offering burial plots or air space for sale. Includes animal
cemeteries; cemetery, mausoleum, cinerarium, and columbarium operations.
2.
Mortuaries (Land Use).
Establishment where deceased are prepared for burial or cremation,
and funeral services may be conducted. Does not include crematoriums.
3.
Funeral Homes (Land Use).
Establishment where funeral services are conducted without
preparation of deceased for burial or cremation. Excludes religious
facilities.
4.
Crematorium (Land Use).
Establishment of a facility used for the incineration of
human or animal remains, excluding activities related to funeral homes.
Excludes activities related to mortuaries.
† Furniture and Fixtures Manufacturing (Land Use).
Manufacturers which produce wood and metal: household furniture;
bedsprings and mattresses; all types of office furniture, partitions,
shelving, lockers, and store furniture; and miscellaneous drapery
hardware, window blinds and shades. Includes wood and cabinet shops.
Does not include sawmills or planing mills ("Lumber and wood product
manufacturing"); or the manufacture of household appliances ("Electronics,
equipment, and appliance manufacturing").
† Furniture, Furnishings, and Appliance Stores
(Land Use).
Stores engaged primarily in the retail sale or rental of
household furniture, outdoor furniture, office furniture, and appliances;
related services, including incidental repair services; and the incidental
sale of interior decorating materials and services:
floor coverings
|
furniture
|
home appliances
|
home furnishings
|
home sound systems
|
lawn furniture
|
office furniture
|
other household electrical and gas appliances
|
outdoor furniture
|
refrigerators
|
stoves
|
televisions
|
Does not include the primary retail sale of interior decorating
materials and services such as china, glassware, and metal ware for
kitchen and table use; bedding and linens; brooms and brushes; lamps
and shades; mirrors and pictures; Venetian blinds and window shades;
and movable spas and hot tubs ("Retail Store").
|
Garage or Carport.
Parking space and shelter for automobiles or other vehicles, where the size of the parking space complies with the provisions of Chapter
16.64 (Off-Street Parking and Loading Standards).
1.
A garage is an attached or detached accessory structure with
a door, enclosed on four sides.
2.
A carport is an attached or detached accessory structure enclosed
on no more than two sides.
Garage Sale.
The sale or offering for sale to the general public of over
five items of personal property on any portion of a lot in a residential
zoning district, whether within or outside any building.
General Plan.
The City of Stockton General Plan, including the policy document,
background document, and land use and circulation diagram, and all
amendments thereto, as adopted by the City Council under the provisions
of
Government Code Sections 65300 et seq., and referred to in this
Development Code as the "General Plan."
† Golf Courses/Country Clubs (Land Use).
Golf courses and accessory facilities and uses including:
clubhouses with bar and restaurant; locker and shower facilities;
driving ranges; "pro shops" for on-site sales of golfing equipment;
and golf cart storage and sales facilities.
Grade.
See "Site/lot characteristics."
Greater Downtown.
The area of the City of Stockton bounded by Harding Way,
Charter Way/Martin Luther King Jr. Boulevard, Pershing Avenue, and
Wilson Way as illustrated by the Stockton 2040 General Plan.
Guest House.
A detached structure of 400 square feet or more, accessory
to a single-family dwelling, accommodating living/sleeping quarters,
but without kitchen or cooking facilities.
Guest Room.
A room within the primary dwelling unit on a site which is
designed and/or used by one or more guests for sleeping purposes,
having no cooking facilities, and no separate entrance.
† Handcraft Industries, Small-Scale Manufacturing
(Land Use).
Application, teaching, making, or fabrication of crafts or
products by an artist, artisan, or craftsperson either by hand or
with minimal automation and may include direct sales to consumers.
This definition includes uses that employ activities and processes
such as small-scale (maximum 3,500 square feet) fabrication, welding,
and coating, that are typically not permitted in non-industrial zoning
districts. Includes establishments manufacturing and/or assembling
small products primarily by hand, including jewelry, pottery, and
other ceramics, as well as small glass and metal art and craft products.
Also includes manufacturing establishments not classified in another
major manufacturing group, including: brooms and brushes; buttons,
costume novelties; jewelry; musical instruments; pens, pencils, and
other office and artists' materials; sporting and athletic goods;
toys; professional, controlling, and scientific instruments; monuments
and headstones; and other miscellaneous manufacturing industries.
This definition does not include artisan food and beverage preparation
or sales.
† Health/Fitness Facilities (Land Use).
Fitness centers, gymnasiums, health and athletic clubs, including
indoor sauna, spa, or hot tub facilities. Could include accessory
retail sales of food and equipment. Does not include sports activities
such as tennis, handball, racquetball, archery and shooting ranges,
swimming pools, and other sports activities which shall meet the requirements
for the specific activity; and other outdoor commercial recreation
facilities ("Outdoor commercial recreation facilities").
Heritage Tree.
Any Quercus lobata (commonly known as "Valley Oak"), Quercus
agrifolia (Coast Live Oak), and Quercus wislizenii (Interior Live
Oak) tree which is located on public or private property within the
limits of the City, and which has a trunk diameter of 16 inches or
more, measured at 24 inches above actual grade. For Oak trees of the
species mentioned above, with multiple trunks, the combined total
trunk diameter shall be used for all trunks measuring six inches or
greater measured at 24 inches above actual grade.
Home Occupation.
The conduct of a business within a dwelling unit or residential site, employing only occupants of the dwelling, with the business activity being clearly subordinate to the residential use of the property, in compliance with Section
16.80.160 (Home occupations).
Household.
One or more persons occupying a dwelling.
Household Income.
The income of a family household with adjustments for usually
high or low are income or housing costs and household size.
2.
Low or Lower-Income.
Household income between the very low-income limit and 80
percent of the area median-family income.
3.
Moderate Income.
Household income between the lower-income limit and 120 percent
of the area median-family income.
Household Pets.
Small animals that are customarily kept for company or enjoyment within the home. Household pets include dogs, cats, tropical birds, fish, rabbits, lizards, and various rodents. Does not include wild animals (as defined in Section
6.08.150 of the Municipal Code), pigs and pot-bellied pigs, and roosters and cockerels.
Housing Development.
For purposes of density bonus (Chapter
16.40), residential projects consisting of five or more residential units, including single-family, multifamily, and mobilehomes for sale or rent.
Hydroponics.
A method of growing plants in a soil-less medium or an aquatic-based
environment in which plant nutrients are distributed via water.
Ice Cream Commissary.
An establishment that services only ice cream motorized food
wagons or other vendors that sell ice cream.
Improvement Standards.
Standard plans and specifications and other standards approved
by the City Engineer that shall govern the improvements to be constructed
in compliance with this Development Code.
Improvements.
Street work, storm drainage, utilities and landscaping to
be installed, or agreed to be installed, by the subdivider or developer
on the land to be used for public streets, highways, and easements,
as are necessary for the general use of the lot owners and local traffic;
or to other specific improvements or type of improvements, the installation
of which, either by the subdivider, by developers, by public agencies,
by private utilities, by any other entity approved by the City or
by a combination thereof, is necessary or convenient to insure conformity
to or implementation of the General Plan or any adopted master development
plan, precise road plan, or specific plan.
Improvements, Public.
Public improvements mean and include the following items
constructed within public streets, highways and easements:
bridges and major thoroughfares
|
curb, gutter and sidewalk
|
fences
|
fire hydrants
|
public utilities
|
railroad crossings
|
sanitary sewer facilities
|
storm drainage facilities
|
storm drain and sanitary sewer pump stations
|
street signs
|
street structural section
|
street lighting
|
traffic signals
|
tree wells and sprinkler system
|
water facilities
|
† Indoor Recreation Facilities (Land Use).
Facilities for various indoor participation or spectator
sports and types of recreation where a fee is charged for use, including:
arenas/stadiums
|
basketball courts
|
batting cages
|
bowling alleys
|
gymnasiums
|
handball courts
|
ice rinks
|
racquetball courts
|
shooting ranges
|
soccer facilities
|
swimming pools
|
tennis courts
|
Infill Development.
Construction on a vacant parcel that is within an otherwise
substantially developed area.
Infill Site.
Vacant or developed property consisting of one legal lot, or a site with two or more contiguous, commonly-owned legal lots, which is a total of not more than five acres in size, is bounded on at least three sides by urban uses or development, and for which has existing water, sewer, drainage, streets, and schools. For Chapter
16.60 (Noise Standards), an infill site shall be defined as a site which, in addition to the above, is located (at the time of the adoption of the ordinance codified in this Development Code) on a site that is within the City, and either:
1.
Within an "existing" or "projected" 60 dB Ldn transportation
noise contour, as identified in the 1990 General Plan, as amended;
or
2.
Adjacent to a land use-related noise source exceeding the noise
standards in Table 3-7, Part II.
Institutional Use.
A nonprofit, educational, hospital, museum, public, or religious
use (for example, church, public or private library, or school) or
a government-owned or operated land use or structure used for a public
purpose.
Integrated Center.
A shopping center, office complex, automobile center, industrial
park, institutional campus, or other group of commercial, industrial,
or institutional uses and/or buildings that includes the following:
1.
Two or more businesses or uses in one or more buildings located
on one or more parcels;
2.
A site of at least two acres; and
3.
A site that is developed as follows:
a.
So that it has shared, common access, and may have shared parking
facilities and/or utilities;
b.
So that it is not necessary to return to a public street to
move from one area of the center to another; and
c.
As a single project on parcels which may be separated by public
rights-of-way or private streets or easements.
Integrated centers do not include parcels that have been developed
as single entities before a discretionary application(s) that would
create an integrated center was deemed complete.
|
Intensification of Use.
A change in the use of a structure or site, where the new use is required by Chapter
16.64 (Off-Street Parking and Loading Standards) to have more off-street parking spaces than the former use; or a change in the operating characteristics of a use (for example, hours of operation), which generate more activity on the site.
Interim Terminal Drainage Facility.
A temporary facility approved by the City Engineer designed
to handle the runoff from a 10-year storm as generated by one or more
internal collection systems on an interim basis until an outfall work
is constructed at an approved point of terminal drainage. Typical
examples would be holding ponds, open ditches and temporary outfall
works designed to handle less than the total discharge expected to
be developed within a delineated drainage area.
Internal Collection System.
A system of branches, laterals, catch basins and trunk lines
within the boundaries of a subdivision or development designed to
collect storm and surface runoff within the area and deliver it to
a point on the perimeter of the subdivision or development. Internal
collection systems shall be designed to accommodate drainage to the
center line of all perimeter streets abutting the subdivision or development.
Junk.
Discarded material or objects.
Kiosk.
A small, freestanding open structure used as a newsstand;
retail sales, refreshment, and/or information/service booth; and/or
upon which temporary information and/or posters, notices, and announcements
are posted.
Kitchen or Kitchenette.
An area designed and/or used for the preparation of food,
which includes any three of the following features:
1.
Cooking or food heating equipment, including a hot plate, microwave,
oven, or range;
2.
A refrigerator or other device for cold storage;
3.
Cabinets, shelves, or other facilities for storage of food and/or
utensils; or
Land Use Permit.
Authority granted by the City to use a specified site for a particular purpose, including Commission use permits and administrative use permits (Chapter
16.168), planned development permits (Chapter
16.144), temporary activity permits (Chapter
16.164), variances (Chapter
16.172), home occupation permits (Chapter
16.132), site plan review (Chapter
16.152), and land development permits (Chapter
16.136), as established by Division
5 (Land Use and Development Permit Procedures) of this Development Code.
Landscaped Freeway.
Any freeway or section thereof which is now, or hereafter
may be, improved on at least one side of the freeway right-of-way
by the planting of lawns, trees, shrubs, flowers or other ornamental
vegetation requiring reasonable and continuing care, upkeep, and maintenance.
Planting for the purposes of soil erosion control, traffic safety
requirements, reduction of fire hazards, or traffic noise abatement,
shall not change the character of a freeway to a landscaped freeway.
† Laundries and Dry Cleaning Plants (Land Use).
Industrial service establishments engaged primarily in high
volume laundry and garment services, including: power laundries (family
and commercial); garment pressing and dry cleaning; linen supply;
diaper service; industrial laundries; carpet and upholstery cleaners.
Does not include coin-operated laundries, dry cleaning pick-up stores,
or dry cleaners without dry cleaning equipment ("Personal Services,
Unrestricted").
Legal Structure.
A structure that was constructed in compliance with all City
ordinances and regulations that were applicable at the time of construction.
† Libraries and Museums (Land Use).
Facilities for the preservation and exhibition of objects
of permanent interest in the arts, nature, and science, and library
collections of books, manuscripts, and similar materials for study
and reading. Includes aquariums, arboretums, art exhibitions, botanical
gardens, historic sites and exhibits, libraries, museums, and planetariums.
Does not include facilities primarily devoted to meetings and/or public
assembly ("Clubs, lodges, and private meeting halls"), ("Activity
centers"), ("Religious places of worship") or ("Auditoriums, meeting
halls, and theaters").
† Live Entertainment (Land Use).
Any type of music, dancing or show involving one or more
persons playing musical instruments or recorded music, acting, singing,
reading, speaking, dancing, modeling, wrestling, or performing in
any way to entertain the customers of an establishment. Includes:
auctions, raffles, or contests
|
music played by a disc jockey
|
modeling of clothes, lingerie and swimsuits
|
music performed by bands or soloists
|
dancing (by employees or customers)
|
karaoke singing
|
dinner theater
|
oil and mud wrestling
|
poetry reading
|
stand-up comedy
|
Adult related establishments shall comply with the standards in Section 16.80.030 (Adult-related establishments). Does not include background music which is considered to be background to the primary use of the site.
|
† Live-Work Space (Land Use).
A dual-purpose residential/work building where artists or other professionals both live and work. Living and working spaces may be for individuals or be shared, accommodating self-employed individuals or those living and working together as a group. Those sharing live-work spaces, individuals or groups, can choose to share work space and/or equipment related to their activities or choose to have individually owned equipment inside private living quarters. Live-work sharing can be for renters and/or owners. Includes living and working facilities for artists, crafts-persons, self-employed consultants, or those engaged in small cottage industries. Does not include home occupations (Section
16.80.160).
Livestock.
Domesticated animals raised in an agricultural setting to
produce commodities such as food, fiber, and labor. "Livestock" are
defined as being useful animals; which implies a commercial purpose
or being reared for financial gain. However, in recent years, livestock
are also raised to promote the survival of rare breeds, leading to
many charities being formed around this issue.
Living Unit.
A group of individuals living together in a dwelling unit
as a single housekeeping unit, not including a fraternity, sorority,
club, rooming and/or boarding house, or institution of any kind.
† Lodging Facilities (Land Use).
Facilities that provide temporary shelter. Includes:
1.
Bed and Breakfast Inns (Land Use).
Residential structures with one family in permanent residence with up to 10 bedrooms rented for overnight lodging for 30 days or less, where meals may be provided subject to Section
16.80.090 (Bed and breakfast inns) and applicable Health Department regulations. A bed and breakfast inn with more than 10 guest rooms is considered a hotel or motel ("Hotels and motels").
2.
Extended-Stay Facilities (Land Use).
Facilities with guest rooms or suites, provided with or without
meals or kitchen facilities, rented to the general public for long
periods of time (more than 30 days). Includes apartment-hotels, residential
hotels.
4.
Hotel or Motel (Land Use).
Facilities with guest rooms or suites, provided with or without meals or kitchen facilities, rented to the general public for overnight or other temporary lodging (less than 30 days). These facilities may typically include a variety of services in addition to lodging, including restaurants, meeting facilities, personal services, and other accessory guest facilities including swimming pools, tennis courts, indoor athletic facilities, accessory retail uses, etc. Includes adult hotels/motels which shall comply with the standards in Section
16.80.030 (Adult-related establishments).
Lot or Parcel.
A recorded lot or parcel of real property under single ownership,
lawfully created as required by the Subdivision Map Act and City ordinances,
including this Development Code. Types of lots include the following.
See Figure 8-1 (Lot Types).
1.
Corner Lot.
A lot located at the intersection of two or more streets,
where they intersect at an interior angle of not more than 135 degrees.
If the intersection angle is more than 135 degrees, the lot is considered
an interior lot.
2.
Flag Lot.
A lot having access from the building site to a public street
by means of private right-of-way strip that is owned in fee.
4.
Key Lot.
An interior lot, the front of which adjoins the side property
line of a corner lot.
5.
Through Lot.
A lot with frontage on two generally parallel streets.
Lot Depth.
The average linear distance between the front and the rear
lot lines or the intersection of the two side lot lines if there is
no rear line. See Figure 8-2 (Lot Features). The Director shall determine
lot depth for parcels of irregular configuration.
Lot Frontage.
The boundary of a lot adjacent to a public street right-of-way.
Lot Line Adjustment.
As provided by Map Act Section 66412(d), a lot line adjustment
relocates one or more lot lines between two or more existing adjacent
parcels, where land taken from one parcel is added to an adjacent
parcel and where no more parcels are created than originally existed.
Lot Line or Property Line.
Any recorded boundary of a lot. Types of lot lines are as
follows (see Figure 8-2 (Lot Features)):
1.
Front Lot Line.
On an interior lot, the property line separating the parcel
from the street. The front lot line on a corner lot is the line adjoining
the street to which the property is addressed. If a corner lot has
an address on more than one street, then the front line shall be the
line with the shortest frontage. (If the lot lines of a corner lot
are equal in length, the front lot line shall be determined by the
Director.) On a through lot, both lot lines are front lot lines and
the lot is considered to have no rear lot line.
3.
Rear Lot Line.
A property line that does not intersect the front lot line,
which is most distant from and most closely parallel to the front
lot line.
Lot Width.
The horizontal distance between the side lot lines, measured
at right angles to the lot depth at a point midway between the front
and rear lot lines. See Figure 8-2 (Lot Features). The Director shall
determine lot width for parcels of irregular shape.
Low Barrier Navigation Center.
A housing first, low-barrier, service-enriched shelter focused
on moving people into permanent housing that provides temporary living
facilities while case managers connect individuals experiencing homelessness
to income, public benefits, health services, shelter, and housing.
A low barrier navigation center development is a use by right in special
purpose or commercial zoning districts permitting multifamily dwellings,
upon compliance with the provisions of
Government Code Section 65660
et seq.
† Major Impact Facilities (Land Use).
Facilities for land intensive activities that need to be
located away from residences or concentrations of people due to the
magnitude or nature of the operation's impacts on the surrounding
environment. Includes airports, heliports, sanitary landfills including
composting facilities, hazardous waste disposal sites, junk yards,
nuclear power generating plants/facilities, and correctional institutions.
† Manufacturing (Land Use).
Establishments engaged in the mechanical, physical, or chemical
conversion of substances, components, or raw materials to a product.
Does not include industrial facilities that are separately defined.
1.
Light Manufacturing (Land Use).
Manufacturing establishments engaged in the assembly, fabrication,
and conversion of already processed raw materials into products and
whose operation may create limited impacts on surrounding land uses.
Includes:
a.
Glass Product Fabrication.
Manufacturing establishments making glass products from purchased
glass. Does not include the conversion of raw materials to glass ("Manufacturing,
heavy manufacturing—Glass product manufacturing"); artisan and
craftsman type operations of a larger scale than home occupations
("Handcraft industries and small scale manufacturing").
b.
Machinery Manufacturing.
Facilities to make or process raw materials into finished
machines or parts for machines. Does not include the manufacture of
electronics, equipment, or appliances ("Electronics, equipment, and
appliance manufacturing") or the assembly of machine parts alone ("Product
assembly and distribution").
c.
Paper Product Manufacturing.
Establishments primarily engaged in converting paper or paperboard
without manufacturing the paper, pulp, or paperboard. Includes: envelope
manufacturing, converted paper products, paper coating and glazing,
paper bags, assembly of paperboard boxes, wallpaper, etc. Does not
include the manufacturing of pulp, paper, or paperboard ("Manufacturing,
heavy manufacturing—Pulp and pulp product industries").
d.
Product Assembly and Distribution.
A facility for the assembly of small products and electronic
equipment from parts manufactured elsewhere. Includes computers, telephones,
and automobiles; office and store machines and devices; service industry
and household machines. Does not include the manufacturing and assembly
of products ("Electronics, equipment and appliance manufacturing")
or ("Machinery manufacturing").
e.
Tobacco Manufacturing.
Establishments engaged in manufacturing cigarettes, cigars,
smoking and chewing tobacco, snuff, and reconstituted tobacco and
in steaming and redrying tobacco. Does not include the manufacture
of insecticides form tobacco byproducts ("Heavy manufacturing—Chemical
product manufacturing").
f.
Transportation Product Assembly.
Establishments primarily engaged in manufacturing or assembling
complete equipment for transporting people and goods. Includes: passenger
automobiles, trucks, commercial cars and buses, and special-purpose
motor vehicles; chassis or passenger car bodies; boat building and
repairing; aircraft manufacturing; motorcycles, bicycles, and parts.
g.
Other.
Miscellaneous manufacturing establishments engaged in the
manufacture of products for final use or consumption that are not
otherwise listed.
2.
Heavy Manufacturing (Land Use).
Manufacturing establishments converting raw materials into
a product whose intensive nature and scale of operation would have
an impact on surrounding land uses. Includes:
a.
Canning and Kindred Food Products Manufacturing.
Facilities engaged in the canning, curing, and processing
of raw agricultural and seafood products, and the conversion of raw
agricultural and seafood products to finished food products whose
production cause adverse impact to the surrounding environment. Includes:
meat, poultry, and seafood canning, curing, byproduct processing;
fish canning and curing, meat products, sauerkraut, vinegar, yeast,
rendering or refining of fats and oils, and sugar processing; and
miscellaneous food items prepared from raw products.
b.
Chemical Product Manufacturing.
Manufacturing facilities that produce or use basic chemicals,
and other establishments creating products predominantly by chemical
processes. Includes: basic chemicals, including acids, alkalis, salts,
and organic chemicals; chemical products to be used in further manufacture,
including synthetic fibers, plastic materials, dry colors, and pigments;
and finished chemical products to be used for ultimate consumption,
including drugs, cosmetics, and soaps; or to be used as materials
or supplies in other industries including paints, fertilizers, and
explosives. May also include sales and transportation establishments
handling the chemicals described above, except as part of retail trade.
c.
Concrete, Gypsum, and Plaster Product Manufacturing.
Manufacturing establishments producing bulk concrete, concrete
building block, brick, and all types of precast and prefab concrete
products. Also includes ready-mix concrete batch plants, lime manufacturing,
and the manufacture of gypsum products, including plasterboard. A
retail ready-mix concrete operation as an incidental use in conjunction
with a building materials outlet is defined under "Building material
stores."
d.
Explosives, Fireworks, and Ordnance Manufacturing.
The commercial manufacturing and storage of all types of
explosives, including blasting powder and blasting caps, dynamite,
fireworks, gunpowder, high explosives, and the manufacture of conventional
explosives for weapons use (including ammunition, bombs, missile warheads,
etc.). Does not include sighting and fire control equipment ("Handcraft
industries, small-scale manufacturing").
e.
Glass Product Manufacturing.
Manufacturing establishments primarily engaged in manufacturing
glass and/or glass products which may be manufactured by melting silica
sand or cullet, including the production of flat glass and other glass
products which are pressed, blown, or shaped from glass produced in
the same establishment. Does not include the manufacture of glass
products from purchased glass ("Manufacturing, light manufacturing—Glass
product fabrication"), artisan and craftsman type operations of a
larger scale than home occupations ("Handcraft industries and small-scale
manufacturing").
f.
Lumber and Wood Product Manufacturing.
Manufacturing, processing, and sales involving the milling
of forest products to produce rough and finished lumber and other
wood materials for use in other manufacturing, craft, or construction
processes. Includes the following processes and products:
containers, pallets and skids
|
matches (wood)
|
milling operations
|
trusses and structural beams
|
turning and shaping of wood products
|
wholesaling of basic wood products
|
wood product assembly
|
Does not include craft-type shops ("Handcraft industries and
small-scale manufacturing"); other wood and cabinet shops ("Furniture
and fixture manufacturing"); indoor retail sale of building materials,
construction tools and equipment ("Building material stores"); lumber
yards and outdoor retail sales ("Outdoor retail sales and activities").
|
g.
Paving and Roofing Materials Manufacturing.
The manufacture of various common paving and petroleum-based
roofing materials, including bulk asphalt, paving blocks made of asphalt,
creosote wood, and various compositions of asphalt and tar. Does not
include the manufacture of wood roofing materials (shingles, shakes,
etc.) ("Lumber and wood product manufacturing").
h.
Petroleum Refining and Related Industries.
Industrial plants for purifying petroleum, and the compounding
of lubricating oils and greases from purchased materials. Also includes
oil or gas processing facilities, liquefied natural gas (LNG) facilities,
the manufacture of petroleum coke and fuel briquettes, tank farms,
and terminal facilities for pipelines. Does not include petroleum
pipeline surge tanks and pump stations ("Public and semi-public utility
facilities"), or petroleum product distributors ("Petroleum storage
and distribution").
i.
Plastics, Other Synthetics, and Rubber Product Manufacturing.
The manufacture of rubber products including: tires, rubber
footwear, mechanical rubber goods, heels and soles, flooring, and
other rubber products from natural, synthetic, or reclaimed rubber.
Also includes establishments engaged primarily in manufacturing tires;
products from recycled or reclaimed plastics or styrofoam; molding
primary plastics for other manufacturers, manufacturing miscellaneous
finished plastics products, fiberglass manufacturing, and fiberglass
application services. Does not include establishments engaged primarily
in recapping and retreading automobile tires ("Auto and vehicle services—Major
repair/body work").
j.
Primary Metal Industries.
Manufacturing establishments engaged in: the smelting and
refining of ferrous and nonferrous metals from ore, pig, or scrap;
the rolling, drawing, and alloying of metals; the manufacture of castings,
forgings, stampings, extrusions, and other basic metal products; and
the manufacturing of nails, spikes, and insulated wire and cable.
Also includes merchant blast furnaces and by-product or beehive coke
ovens.
k.
Pulp and Pulp Product Industries.
Establishments primarily engaged in manufacturing pulp, paper,
or paperboard. Includes pulp, paper, and paperboard mills. Does not
include establishments primarily engaged in converting paper or paperboard
without manufacturing the paper or paperboard, including envelope
manufacturing, converted paper products, paper coating and glazing,
paper bags, assembly of paperboard boxes, wallpaper ("Manufacturing,
light manufacturing—Paper product manufacturing").
l.
Stone and Cut Stone Product Manufacturing.
Manufacturing establishments engaged primarily in cutting,
shaping, and finishing marble, granite, slate, and other stone for
construction and miscellaneous uses. Does not include establishments
engaged primarily in buying or selling partly finished monuments and
tombstones ("Handcraft industries, small-scale manufacturing").
m.
Structural Clay and Pottery Product Manufacturing.
Manufacturing establishments engaged primarily in producing
brick and structural clay products, including pipe, china plumbing
fixtures, and vitreous china articles, fine earthenware and porcelain
products. Does not include artist/craftsman uses ("Artisan shops,"
"Handcraft industries and small scale manufacturing," or "Home occupations").
n.
Textile and Leather Product Manufacturing.
Industries engaged in the transformation of basic fibers
(natural or synthetic) into a product, including yarn or fabric, that
can be further manufactured into usable items ("Fabric product manufacturing"),
and industries that transform hides into leather by tanning or curing.
Includes:
coating, waterproofing, or otherwise treating fabric
|
dressed and dyed furs
|
dying and finishing fiber, yarn, fabric, and knit apparel
|
leather-tanned, curried, and finished
|
manufacture of knit apparel and other finished products from
yarn
|
manufacture of felt goods, lace goods, non-woven fabrics, and
miscellaneous textiles
|
manufacturing of woven fabric, carpets, and rugs from yarn
|
preparation of fiber and subsequent manufacturing of yarn, threads,
braids, twine cordage
|
scouring and combing plants
|
upholstery manufacturing
|
yarn and thread mills
|
o.
Other.
Miscellaneous manufacturing establishments engaged in the
initial processing or treatment of raw materials that are not otherwise
listed.
Marinas (Land Use).
A commercial recreational use consisting of a harbor or boat
basin providing a combination of dockage, supplies, services, including
office space for management; sale of boats, marina supplies and incidental
refreshments; marine insurance for a small pleasure craft; and dry
land storage of small crafts, boats, trailers, or appurtenances required
for the operation of such craft. Does not include the major repair
and overhaul of such crafts ("Auto and vehicle services—Major
repair/body work").
Market Garden/Urban Farm.
The primary use of a site for larger-scale urban agriculture
uses including production (beyond that which is strictly for home
consumption), distribution and marketing of food within the cores
of urban areas and at their edges. Market gardens/urban farms' purpose
extends beyond home consumption and includes community supported agriculture
(CSA), pick-your-own operations, family farms located in metropolitan
greenbelts and related efforts such as activities offered to the public
for the purpose of recreation, education or active involvement in
urban agricultural operations. All activities must be related to agriculture
or natural resources. Market gardens/urban farms cultivate fruits,
vegetables, flowers, fiber, nuts, seeds, culinary herbs, honey, and/or
eggs for sale or donation to the public.
† Massage.
Therapeutic (nonsexual) rubbing or kneading of parts of nonspecified
anatomical areas of the body to aid circulation or to relax muscles,
provided by a licensed professional. A stand-alone massage establishment
is defined as a business that provides massage, but not three or more
of any of the other services that are typically provided at beauty
and/or nail salons, including, but not limited to, manicures, pedicures,
hair cutting/styling, facials and skin care.
Massage Therapy.
The manipulation of body muscles or tissues, except "specified anatomical areas," by hand or mechanical device for therapeutic purposes, including prevention, rehabilitation, and healing, by a skilled professional who is certified as a massage therapist from a recognized school of massage in compliance with Chapter
5.48 of the Municipal Code and is an accredited program approved by the Council for private/post secondary and vocational education from the State of California ("Medical services—Medical-related facilities"). Does not include "specified sexual activities" ("Adult-related establishments").
Master Development Plan.
A comprehensive plan which identifies the distribution, location,
and extent (e.g., density, intensity, etc) of land uses within a development
site identified as Mixed Use or University designation on the General
Plan, or within a specified geographical area, and identifies regulations
and criteria for the development of the site.
† Medical Services (Land Use).
Facilities that provide personal health services, ranging
from prevention to diagnosis, treatment and rehabilitation, by physicians,
dentists, nurses, and other health and professional personnel, as
well as medical testing and analysis services and care facilities
(does not include Medical Cannabis Dispensaries).
2.
Clinics and Laboratories (Land Use).
Facilities primarily engaged in furnishing outpatient medical,
mental health, surgical, and other personal health services, but which
are separate from hospitals, including:
health management organizations (HMOs)
|
medical and dental laboratories
|
out-patient care facilities
|
other allied health services
|
Does not include counseling services by other than medical doctors
or psychiatrists ("Offices").
|
3.
Extended Care (Land Use).
Residential facilities providing nursing and health-related
care as a primary use with in-patient beds. Includes board and care
homes; convalescent and rest homes; extended care facilities; skilled
nursing facilities; hospices. Does not include long-term personal
care facilities that do not emphasize medical treatment ("Residential
care homes/assisted living").
4.
Health-Related Facilities (Land Use).
Facilities for treatment, therapy, or process to aid in the
improvement of the health and/or pain management of individuals. Includes
acupressure; bodywork, Rolfing, osteopathic manipulation. Does not
include acupuncture, narcotics treatment facilities; offices of dentists,
doctors, psychiatrists/psychologists, and other medical professionals;
or physical therapy; or the above under the direct supervision of
a doctor, chiropractor, or physical therapist ("Medical services—Medical-related
facilities"). Does not include massage establishments ("Massage establishment").
5.
Hospitals (Land Use).
Hospitals and similar facilities engaged primarily in providing diagnostic services, and extensive medical treatment, including surgical and other hospital services. These establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care. May include on-site accessory clinics and laboratories, accessory retail uses (for standards see Section
16.80.020) and emergency heliports ("Major impact facilities").
6.
Medical-Related Facilities (Land Use).
Facilities for activities associated with medical treatment.
Includes acupuncture; offices of dentists, doctors, psychiatrists/psychologists,
and other medical professionals; medical-related counseling services;
pharmacies; and physical therapy. Also includes massage therapists
under the direct supervision of a doctor, chiropractor, or physical
therapist. Does not include drug abuse or alcohol recovery/treatment
facilities ("Social services facilities—Drug abuse, alcohol
recovery/treatment facility").
Medicinal and Adult-Use Cannabis Regulation and Safety
Act or "MAUCRSA".
Senate Bill 94, which passed June 2017, or Business and Professions
Code, Division 10, which integrated Medical Cannabis Regulation and
Safety Act (MCRSA) and Adult Use of Marijuana Act (AUMA) to create
a single regulatory system governing the medical and adult-use cannabis
industry in California.
Merger.
The process authorized by the Map Act for the combining of
two or more adjacent parcels into a single parcel of record, whereby
the intervening lot lines are eliminated.
† Metal Products Fabrication, Machine, and Welding
Shops (Land Use).
Establishments engaged primarily in the assembly of metal
parts, including the following uses that produce metal duct work,
tanks, towers, cabinets and enclosures, metal doors and gates, and
similar products.
blacksmith and welding shops
|
ironworks
|
machine shops and boiler shops
|
sheet metal shops
|
Microbusiness.
A person holding a State license issued under paragraph (3)
of subdivision (a) of California
Business and Professions Code Section
26070. A microbusiness may act (in part or whole) as a retailer, distributor,
manufacturer (Level 1), and cultivator (on an area less than 10,000
sq. ft.). A microbusiness must engage in at least three of the following
commercial cannabis business activities:
1.
Retailer or Retailer – Non-Storefront
2.
Distributor or Distributor – Transport Only
3.
Cultivation (less than 10,000 sq. ft.)
4.
Manufacturer (Level 1, Type 6)
"Microbusiness, Subtypes"
means the four different types of microbusiness combinations
as permitted by State law, see "Microbusiness" above. The four subtypes
are:
RDC
|
RDM
|
RCM
|
DCM
|
---|
Retailer or
|
Retailer or
|
Retailer or
|
Distributor or
|
Retailer – Non-Storefront
|
Retailer – Non-Storefront
|
Retailer – Non-Storefront
|
Distributor – Transport Only
|
Distributor or
|
Distributor or
|
Cultivation
|
Cultivation
|
Distributor – Transport Only
|
Distributor – Transport Only
|
(less than 10,000 sq. ft.)
|
(less than 10,000 sq. ft.)
|
Cultivation
|
Manufacturer
|
Manufacturer
|
Manufacturer
|
(less than 10,000 sq. ft.)
|
(Level 1 Type 6)
|
(Level 1 Type 6)
|
(Level 1 Type 6)
|
Midtown District.
The area that is bounded by Harding Way, El Dorado Street,
Miner Avenue, and the Union Pacific Railroad track in the City of
Stockton.
† Mining (Land Use).
The extraction of minerals from the earth, including solids,
such as coal, ores, and aggregates; liquids, such as crude petroleum;
and gases, such as natural gases and geothermal gases.
Miracle Mile.
The Miracle Mile District generally includes all the businesses
fronting on Pacific Avenue from Alpine Avenue to Harding Way, and
those businesses on Harding Way from El Dorado Street to Lincoln Street
as illustrated by the Stockton Citywide Design Guidelines.
Mixed Residential.
A project with no more than three adjacent compact lots and
with the average size of all lots being 5,000 square feet.
Mobile Commissary.
Any vehicle used in conjunction with the commissary, as defined per Stockton Municipal Code Section
16.80.385, that travels to, and services, motorized food wagons as needed to replenish supplies, including food and potable water, clean the interior of the unit, or dispose of liquid or solid wastes.
Mobile/Manufactured Home.
A trailer, transportable in one or more sections, that is
certified under the National Manufactured Housing Construction and
Safety Standards Act of 1974, which is over eight feet in width and
40 feet in length, with or without a permanent foundation and not
including a recreational vehicle, commercial coach, or factory-built
(modular) housing ("Single-family dwelling"). A mobilehome on a permanent
foundation is included under the definition of "Single-family dwellings."
Mobilehome Driveway.
A private thoroughfare that affords internal circulation
through a mobilehome park.
Mobilehome Lot.
A portion of a mobilehome park designated or used for the
occupancy of one mobilehome.
† Mobilehome Park (Land Use).
Any site that is planned and improved to accommodate mobilehomes used for residential purposes, or on which mobilehome lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobilehomes used for residential purposes. Includes mobilehome parks, motor home parks, and trailer parks. Mobilehome parks shall comply with the standards for mobilehome parks and subdivisions (Section
16.80.210).
Does not include facilities for campgrounds or recreational
vehicles for short-term use ("Recreational vehicle park").
|
† Mobilehome Sales (Land Use).
Retail establishments selling and/or renting new or used
mobilehomes/manufactured homes, modular/factory-built homes, and accessories.
Mobile Vendor.
Any person who offers for sale and immediate delivery any
food, goods, or merchandise from a moveable, non-motorized cart, push
cart, or wagon which is not attached to another structure, does not
have a fixed place of business, and is accessory to a primary use
on the same private or public property. Includes street vendors and
sidewalk vendors.
Motel.
See "Lodging facilities."
† Motion Picture Production (Land Use).
Permanent indoor or outdoor establishments primarily engaged
in the production of theatrical and nontheatrical motion pictures
and video tapes for exhibition or sale, including educational, industrial,
and religious films. Does not include small indoor facilities ("Broadcasting
studios").
Motorized Food Wagon.
Any vehicle as defined in Section 670 of the California Vehicle
Code, which is equipped and used for retail sales of prepared; prepackaged;
or unprepared, unpackaged food or foodstuffs of any kind on any public
street, alley, highway, or private street, alley, or property within
the City. For the purposes of this chapter, a motorized food wagon
shall also include any trailer or wagon pulled by a vehicle.
Motorized Mobile Sales and Services.
A motorized vehicle used for the purposes of selling non-edible
goods or merchandise or offering "Personal Services, Unrestricted"
or "Animal Services, Pet Grooming," which does not have a fixed place
of business and is accessory to a primary use on the same private
or public property.
† Multifamily Dwellings (Land Use).
A building or a portion of a building used and/or designed
as residences for five or more living units that are independent of
each other. Includes: apartments (five or more units under one ownership
in a single building or complex); and common ownership, attached unit
projects including condominiums. Also includes multifamily manufactured
homes. Does not include duplexes, triplexes, fourplexes, and townhouses,
which are separately defined.
† Multi-Use Facility (Land Use).
A structure or parcel of land with a variety of complementary and integrated uses, including residential, office, light manufacturing, retail, public, or entertainment, in compliance with the standards for multi-use facilities (Section
16.80.230).
Municipal Code.
The City of Stockton Municipal Code, as it may be amended
from time to time by the Council.
Negative Declaration (Neg Dec).
A written statement describing the reasons that a proposed
project will not have a significant adverse effect on the environment
and therefore does not require the preparation of an EIR, in compliance
with the California Environmental Quality Act (CEQA).
Net Acreage.
The total area within the lot lines of a lot or parcel of
land after public streets, easements, or other areas to be dedicated
or reserved for public use are deducted from the lot or parcel. See
Figure 8-3.
Nightclub.
See "Alcoholic beverage sales—Bars and nightclubs (on-sale)."
Noise.
Any undesired audible sound. For standards, see Chapter
16.60 (Noise Standards). The following definitions apply to noise.
1.
A-Weighted Sound Level.
The sound level in decibels as measured on a sound level
meter using the A-weighting network. The level is designated dB(A)
or dBA.
2.
Acoustical Report or Study.
A report that analyzes proposed noise-sensitive and noise-generating
projects to determine the potential exposure of existing or proposed
noise-sensitive land uses to noise levels exceeding the City's adopted
noise standards and to provide recommended measures to avoid/mitigate/attenuate
such exterior and/or interior noise levels.
3.
Ambient Noise.
The composite of all noise from sources near and far, excluding
the alleged intrusive noise source. In this context, ambient noise
shall constitute the normal or existing level of environmental noise
at a given location.
4.
Day-Night Average Sound Level (Ldn).
The equivalent energy, or energy average, sound level during
a 24-hour day, obtained after the addition of 10 decibels to sound
levels in the night after 10:00 p.m. and before 7:00 a.m., generally
computed for annual average conditions.
5.
Decibel (dB).
A unit for measuring the amplitude of a sound, equal to 20
times the logarithm to the base of 10 of the ratio of the pressure
of the sound measured to the reference pressure, which is 20 micropascals.
6.
dBA.
The A-weighted scale for measuring sound in decibels; weighs
or reduces the effects of low and high frequencies in order to simulate
human hearing. Every increase of 10 dBA doubles the perceived loudness
though the noise is actually 10 times more intense.
7.
Equivalent Sound Level (Leq).
The sound level containing the same total energy as a time-varying
sound level over a given sample period, typically computed for a one
hour sample period.
8.
Impulsive Noise.
A sound of short duration, usually less than one second and
of high intensity, with an abrupt onset and rapid decay.
9.
Infill Lots.
For purposes of noise regulations, infill lots are vacant
or developed lots of five or less acres that are substantially surrounded
by development.
10.
Intrusive Noise.
The alleged offensive noise that intrudes over and above
the existing ambient noise at the receptor property.
11.
Land Use-Related Noise Sources.
Any fixed or mobile noise source not preempted from local
control by existing Federal or State regulations, including industrial
and commercial facilities and vehicle movements on private property.
12.
Ldn.
See "Day-night average sound level."
13.
Leq.
See "Equivalent sound level."
16.
Noise-Impacted Infill Lots.
Lots which are currently, or will in the future be, impacted
by transportation noise or by land use-related noise sources.
17.
Noise Level (Ln).
The level of noise expressed in decibels that exceeds the
identified (Lx) value a percentage of total time measured. For example,
an L25 noise level means that noise level is exceeded 25 percent of
the time measured.
18.
Noise-Sensitive Land Uses.
Land which is occupied by, is zoned for, and/or has a General
Plan designation that allows a use(s) for which serenity and quiet
are of extraordinary significance, serving an important public need,
and where the preservation of those qualities is essential if the
area is to continue to serve its intended purpose. Includes land uses
for residential uses, live-work space, offices, child care, religious
facilities, academic schools and colleges and universities, libraries
and museums, social services facilities, parks and playgrounds, conservation
areas, funeral facilities, lodging facilities, and medical services.
Nonconforming Parcel.
A parcel that was legally created prior to the adoption of
the ordinance codified in this Development Code or which legally existed
at the time of annexation, and which does not conform to current Code
provisions/standards (e.g., access, area or width requirements, etc.)
prescribed for the zoning district in which the parcel is located.
Nonconforming Structure.
A structure that was legally constructed prior to the adoption
of the ordinance codified in this Development Code and which does
not conform to current Code provisions/standards (e.g., height, setbacks,
open space, distance between structures, etc.) prescribed for the
zoning district in which the structure is located.
Nonconforming Use.
A use of a structure (either conforming or nonconforming)
or land that was legally established and maintained prior to the adoption
of the ordinance codified in this Development Code and which does
not conform to current Code provisions governing allowable land uses
for the zoning district in which the use is located.
Non-Motorized Mobile Sales.
Any person who offers for sale and immediate delivery, any
food, goods, or merchandise, from a moveable, non-motorized cart,
push cart, or wagon, which is not attached to another structure, does
not have a fixed place of business, and is accessory to a primary
use on the same private or public property.
Nontaxable Merchandise.
Products, commodities, or items the sale of which is not
subject to California State sales tax.
† Nurseries and Garden Supply Stores (Land Use).
Commercial establishments engaged in the production and/or
sale of ornamental plants and other nursery products, grown under
cover or outdoors. Includes stores selling these products and commercial
scale greenhouses; the sale of house plants or other nursery products
entirely within a building (also included under "Retail stores (General)").
Does not include home greenhouses which are accessory residential
structures.
Occupancy.
The residing of an individual or individuals overnight in
a dwelling unit; or the storage or use of equipment, merchandise,
or machinery in any public, commercial, or industrial building.
† Offices (Land Use).
A structure, room, or group of rooms used for conducting the affairs of a business, profession, service, industry, or government and generally furnished with desks, tables, files, and communication equipment. An office building may include ancillary services for office workers, such as a restaurant, coffee shop, health/fitness facilities, newspaper or candy stand which comply with Section
16.80.020 (Accessory uses and structures), and child care which complies with Section
16.80.100 (Child care facilities). Does not include medical services such as the offices of doctors, dentists, chiropractors, physical therapists, etc. ("Medical services").
Open Land Development.
An area which is proposed for development into industrial,
commercial, or residential densities. Typically, these areas are presently
being farmed or utilized as open space and lack drainage systems and
most other public improvements.
Open Space, Common.
Outdoor areas within a development project that are commonly
owned and maintained and designated for the common use or enjoyment
of all residents/tenants of the development project. Includes common
landscaped areas, private parks, natural areas, waterways, etc. Does
not include public parks.
Open Space, Private.
An outdoor area within a development project that is reserved
for use by the residents/tenants of a specific unit or portion of
the site.
† Organizational Houses (Land Use).
Residential lodging houses operated by educational and religious
institutions and/or membership organizations for their members and
not open to the general public. Includes convents, dormitories, fraternity
and sorority houses, monasteries, and religious residential retreats.
Does not include living quarters for ministers and staff serving a
religious facility ("Religious facilities").
† Outdoor Assembly Facilities (Land Use).
Commercial outdoor facilities for the public and groups to
gather for an event. Includes outdoor wedding facilities, outdoor
theaters, outdoor concert facilities. Does not include commercial
recreation facilities ("Outdoor commercial recreation facilities")
or parks or playgrounds ("Parks and playgrounds," "Private residential
recreation facilities").
Outdoor Activity Area.
The outdoor recreation areas for noise-sensitive land uses.
For single-family dwellings, it includes the lot's rear yard and/or
side yard when the side yard is of a sufficient size to provide outdoor
recreational opportunities. For multifamily dwellings, it includes
patios, balconies, common outdoor recreation areas, and swimming pool
areas of the project. For other uses, it includes areas of sufficient
size to provide outdoor recreational opportunities and/or areas for
rest and relaxation.
† Outdoor Commercial Recreation Facilities (Land
Use).
Facilities for various outdoor spectator or participant sports
and types of recreation where a fee is charged for use, including:
amphitheaters
|
baseball
|
basketball
|
batting cages
|
bocce ball
|
go-cart and miniature auto race tracks
|
golf driving ranges separate from golf courses
|
handball courts
|
health and athletic club outdoor facilities
|
ice rinks
|
miniature golf courses
|
motorcycle racing and drag strips
|
race tracks
|
shooting ranges
|
skateboard parks
|
soccer
|
softball
|
stadiums and coliseums
|
swim and tennis clubs
|
swimming pools
|
tennis courts
|
volleyball
|
water slides
|
zoos
|
May also include commercial facilities customarily associated
with the above outdoor commercial recreational uses, including bars
and restaurants, video game arcades, etc. Does not include Recreational
Vehicle Parks ("Recreational Vehicle Parks").
|
† Outdoor Retail Sales and Activities (Land Use).
Permanent outdoor sales and rental establishments including auction yards, flea markets, lumber and other material sales yards, outdoor facilities for the sale or rental of vehicles/equipments, and other uses where the business is not conducted entirely within a structure. Does not include the sale of automobiles and recreational vehicles ("Auto and vehicle sales, leasing, and rental") or mobilehomes ("Mobilehome sales"). Outdoor retail sales and activities shall comply with the standards for outdoor display and sales (Section
16.80.260).
Outdoor Retail Sales, Temporary.
Temporary outdoor retail operations including:
Christmas trees, pumpkins or the sale of other seasonal items in compliance with Section 16.80.110 (Christmas tree/holiday/sales facilities)
|
farmers' markets
|
produce stands in compliance with Section 16.80.280 (Produce stands, commercial)
|
community gardens in compliance with Section 16.80.130
|
urban agriculture produce stands in compliance with Section 16.80.285
|
semi-annual sales of art/handcrafted items in conjunction with
community festivals or art shows
|
sidewalk or parking lot sales longer than one weekend
|
retail sales from individual vehicles in temporary locations
outside the public right-of-way
|
Temporary outdoor retail sales are subject to a temporary activity permit in compliance with Chapter 16.164 (Temporary Activity Permits), unless otherwise identified or exempt. Does not include motorized food wagons (Section 16.80.020(B)(4)) or mobile vendors (Section 16.80.020(B)(3)).
|
Outfall Works.
A system of pumps, retention basins and/or sumps designed
as a permanent drainage discharge system approved by the City Engineer
and located at an approved point of terminal drainage.
Overlay Zoning District, or Overlay Zone.
A supplementary zoning designation that is applied to property in addition to a primary zoning district to highlight special regulations that apply to properties within the overlay district. The overlay zoning districts established by Section
16.16.020 (Zoning districts established), include the aircraft operations (-AIR), channel area (-CHA), design review (-DES), and Magnolia historic district (-MHD).
Parcel Map.
The subdivision map described by the Subdivision Map Act, Article 3, Chapter
2, which is required to complete a subdivision of four or fewer lots.
† Parks and Playgrounds (Land Use).
Public parks, play lots, playgrounds, and athletic fields
for non-commercial neighborhood or community use, including tennis
courts. May include passive outdoor recreation areas which also may
be located in conservation areas ("Conservation areas"). Does not
include the same facilities that are privately-owned ("Private residential
recreation facilities"); commercial facilities ("Outdoor commercial
recreation," "Indoor recreation facilities"); or recreational vehicle
parks and campgrounds ("Recreational vehicle parks").
Patio.
A typically paved outdoor area on the site of a dwelling
that is used for lounging, dining, etc.
Peripheral Street.
A street with its right-of-way contiguous to the exterior
boundary of the subdivision or development, or whose right-of-way
is adjacent to the exterior boundary of the subdivision or development
separated only by an easement or right-of-way under the control of
a public utility.
Permitted Use.
A use of land identified by Division
2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) as being allowed in a particular zoning district.
Person.
Any individual, firm, co-partnership, corporation, company,
association, joint stock association; City, County, State, or district;
and includes any trustee, receiver, assignee, or other similar representative
thereof.
† Personal Services (Land Use).
Establishments providing nonmedical services of a personal
nature to individuals as a primary use. Includes:
1.
Restricted (Land Use).
acupressure
|
body piercing
|
fortunetellers
|
psychic readers/palm reading
|
2.
Unrestricted (Land Use).
Services for individuals that do not normally have a detrimental
impact on surrounding areas.
beauty parlors
|
clothing rental
|
dry cleaning pick-up stores
|
electrolysis
|
hair cutting/styling
|
home electronics repair
|
laundromats (self-service laundries)
|
laundromats
|
nail salons
|
newsstands
|
shoe repair shops
|
tailors
|
tanning salons
|
tattoo parlors
|
travel agents
|
These uses may also include accessory retail sales of products
related to the services provided. Does not include real estate agents
and travel agents ("Offices"); acupressure, bodywork, and massage
therapists ("Medical services—Health-related facilities"); and
physical therapists ("Medical services—Medical-related facilities").
|
† Pet Shops (Land Use).
Retail stores selling birds, cats, dogs, fish, and other
common household pets, including supplies for their care and feeding.
Includes incidental pet grooming. Does not include the boarding of
animals other than those for sale ("Animal services—Kennels
and boarding facilities") and separate pet grooming facilities ("Animal
services—Pet grooming").
† Petroleum Storage and Distribution (Land Use).
Wholesale and retail establishments engaged in the storage,
and sale of gasoline, oil, butane, propane, and liquefied petroleum
gas (LPG) and similar products to retailers and consumers. Does not
include the sale of gasoline at a service station ("Auto and vehicle
services—Service stations").
Planned Development.
As defined by
Civil Code Section 1351(k), means a development
(other than a community apartment project, condominium, or stock cooperative)
having either or both of the following features:
1.
The common area is owned either by an association or in common
by the owners of the separate interests who possess appurtenant rights
to the beneficial use and enjoyment of the common area; and/or
2.
A power exists in the association to enforce an obligation of
an owner of a separate interest with respect to the beneficial use
and enjoyment of the common area by means of an assessment which may
become a lien upon the separately owned parcel, or area in compliance
with
Civil Code Section 1367.
Planning Commission.
The Stockton Planning Commission, appointed by the Stockton
City Council in compliance with
Government Code Section 65101, referred
to throughout this Development Code as the "Commission."
Playground.
An active recreational area with a variety of facilities,
including equipment for younger children, as well as court and field
games. Does not include play areas in conjunction with child care
facilities (i.e., small family child care, large family child care,
child care centers) or play areas located on the site of residential
homes or facilities.
† Pool Halls/Billiard Parlors (Land Use).
Business, activity, or enterprise providing a place where pool or billiards is played. Does not apply to any bona fide nonprofit society club, fraternal, labor, or other organizations having adopted bylaws and duly elected directors and members having exclusive use of these facilities at no charge, and whose operation is incidental to the main purpose of the organization. Pool halls and billiard parlors shall comply with the standards for problem uses (Section
16.80.270).
Premises.
Contiguous land in the same ownership and which is not divided
by a public highway, street, or alley.
† Printing and Publishing (Land Use).
Establishments engaged in printing by letterpress, lithography,
gravure, screen, offset, or electrostatic (xerographic) copying; and
other establishments serving the printing trade including bookbinding,
typesetting, engraving, photoengraving, and electrotyping. This use
also includes establishments that publish newspapers, books and periodicals;
establishments manufacturing business forms and binding devices. Does
not include "quick printing" services ("Business support services")
or desktop publishing ("Offices").
† Private Entertainment Facilities (Land Use).
Business with one or more separate, individual facilities for viewing or participating in games or videos. Includes individual viewing booths for movies and/or individual arcade games. Facilities for adult-related entertainment shall comply with the standards in Section
16.80.030 (Adult-related establishments).
Private Garden.
A private food-producing garden that is accessory to the
primary use of the site, and which is located in the front yard, side
yard, rear yard, rooftop, courtyard, balcony, fence, wall, windowsill
or basement.
† Private Residential Recreation Facilities (Land
Use).
Privately-owned, non-commercial outdoor recreation facilities
provided for members or project/neighborhood residents, including
swim and tennis clubs, park and sport court facilities, boat docks.
Does not include golf courses/country clubs ("Golf courses/country
clubs").
Problem Uses.
Uses that have a blighting and/or deteriorating effect upon their surroundings, and which may be dispersed to minimize their adverse impacts. These uses include billiard parlors and pool halls, card rooms, convenience stores, off-sales of alcoholic beverages, on-sale of alcoholic beverages that are not in conjunction with a restaurant, and parole offices. Problem uses are subject to the requirements of Section
16.80.270 (Problem uses).
Produce.
Any food in its raw or natural state which is in such form
as to indicate that is intended for consumer use with or without any
or further processing.
Produce Stands, Commercial.
A temporary business activity that is used by commercial growers of produce that is grown on-site to market their goods directly to consumers via retail sale of raw, unprocessed fruits, vegetables, nuts, flowers, fiber, seeds, culinary herbs, and other produce in its raw or natural state, and that is accessory to an on-site or adjacent agricultural operation. Produce stands, commercial are subject to the requirements of Section
16.80.280 (Produce stands, commercial). This use is not considered an urban agricultural activity.
Project Plan.
A plan for the physical development of an entire site, particularly
for the development of shopping centers.
Project Site.
For purposes of the landscaping requirements, Chapter
16.56 (Landscaping Standards), a project site is any site for which a final map has been approved by the Council or parcel map has been approved by the City Engineer or for which a building permit has been issued.
† Public and Semi-Public Utility Facilities (Land
Use).
Fixed-base structures and facilities serving as junction
points for transferring utility services from one transmission voltage
to another or to local distribution and service voltages, and other
utility services and facilities (e.g., water, sewer, storm drainage,
etc.). These uses include any of the following facilities that are
not exempted from land use permit requirements by
Government Code
Section 53091:
community wastewater treatment plants, settling ponds, and disposal
fields
|
electrical substations and switching stations
|
natural gas regulating and distribution facilities
|
petroleum pipeline surge tanks and pump stations
|
public water system wells, treatment plants, and storage
|
telephone and fiber optic switching center buildings
|
water storage
|
These uses do not include office or customer service centers
("Offices"); equipment and material storage yards ("Storage facilities—Storage
yards"); corporation and maintenance yards, public water system and
treatment plants, wastewater treatment plants ("Major impact facilities");
unstaffed electric and telephone equipment appurtenant to utility
facilities (e.g., surface mounted transformers, remote terminal and
service cabinets, pedestals and pedestal-mounted terminal boxes and
meter cabinets, and concealed ducts); or pipelines or utility lines
that are not regulated by the City.
|
† Public Institutions (Land Use).
Facilities operated by public agencies or private entities on behalf of public agencies, including City administration buildings; fire stations and other fire prevention and fire fighting facilities; police and sheriff substations and headquarters, including interim incarceration facilities; post office; customs facilities; grain inspection stations; parole offices. Does not include facilities specifically identified under another land use category, including libraries and museums ("Libraries and museums") and schools ("Educational facilities"). Parole offices shall comply with the requirements for problem uses (Section
16.80.270).
Public Nuisance.
Any condition that is caused, maintained, or permitted to
exist in such a way as to:
1.
Constitute a threat to the public's health, safety, or welfare;
2.
Unreasonably offend or injure the senses;
3.
Be annoying, unpleasant, or obnoxious; or
4.
Significantly obstruct, injure, or interfere with the reasonable
or free use of property.
Public Place.
Any property that is owned, leased, or controlled by the
City of Stockton, except rights-of-way and parks.
Quiet Zone.
An area/zone along a designated railroad in which the sounding
of locomotive horns is not required for grade-crossings that have
conventional flashing lights and gates and are equipped with supplementary
safety measures (SSMs) which comply with one of the following criteria:
1.
The average risk at the crossing is less than the national average
for gated crossings where the train horn sounds (National Risk Threshold
or NSRT); or
2.
Safety improvements are made that reduce the risk to a level
either less than the NSRT or a level that compensates for loss of
the train horn as a warning device.
Recreational Vehicle (RV).
A motorhome, travel trailer, truck camper, or camping trailer,
with or without motive power, originally designed for human habitation
for recreational, emergency, or other occupancy, which meets all of
the following criteria:
1.
It contains less than 320 square feet of internal living room
area, excluding built-in equipment, including wardrobe, closets, cabinets,
kitchen units or fixtures, and bath or toilet rooms;
2.
It contains 400 square feet or less of gross area measured at
maximum horizontal projections;
3.
It is built on a single chassis; and
4.
It is either self-propelled, truck-mounted, or permanently towable
on the highways without a towing permit.
† Recreational Vehicle and Boat Sales, Leasing,
and Rental—New and Used (Land Use).
Retail establishments selling, leasing, and/or renting the
following new or used vehicles and products:
boats
|
campers/camper shells
|
golf carts
|
jet skis
|
motorhomes
|
motorcycles
|
recreational vehicles
|
snowmobiles
|
travel/recreational trailers
|
other recreational vehicles
|
May also include repair shops and the sales of parts and accessories
incidental to vehicle dealerships. Does not include: parts/accessory
sales separate from a vehicle dealership (see "Auto parts sales");
or bicycle and moped sales (see "Retail stores (general)").
|
† Recreational Vehicle Park (Land Use).
A site where one or more lots are used, or are intended to
be used, by campers with recreational vehicles or tents. Recreational
vehicle parks may include public restrooms, and water, sewer, and
electric hookups to each lot. Includes campgrounds. May include accessory
retail uses which are clearly incidental and intended to serve RV
park or campground patrons only.
† Recycling and Waste Facilities (Land Use).
This land use type includes a variety of facilities involved
with the collection, sorting, and processing of recyclable materials.
1.
Collection Facilities (Land Use).
A center where the public may donate, redeem, or sell nonhazardous
recyclable materials; may include permanent structures. Includes Salvation
Army and Goodwill type drop-offs. Does not include the sale of materials
to the public (secondhand stores/pawnshops) or state-certified redemption
centers (redemption centers, below).
2.
Redemption Centers (Land Use).
A facility certified by the California Department of Resources
Recycling and Recovery (CalRecycle) as meeting the requirements of
the California Beverage Container Recycling and Litter Reduction Act
of 1986 for the collection of materials including California Redemption
Value (CRV) glass, aluminum, paper and plastic containers. May include
permanent kiosk-type units.
3.
Recycling Facility (Land Use).
A structure or enclosed space used for the collection and/or
processing of recyclable materials, including scrap aluminum, paper,
pulp, and nonferrous materials, for shipment, or to an end-user's
specifications, by such means as baling, briquetting, cleaning, compacting,
crushing, flattening, grinding, mechanical sorting, remanufacturing,
and shredding. Can be the sole business on the site. Does not include
hazardous or contaminated waste ("Major impact facilities").
4.
Scrap and Dismantling Yards (Land Use).
Outdoor establishments primarily engaged in assembling, breaking
up, sorting, and the temporary storage and distribution of recyclable
or reusable scrap and waste materials, including auto wreckers engaged
in dismantling automobiles for scrap, and the incidental wholesale
or retail sales of parts from those vehicles. Includes light and heavy
processing facilities for recycling and recycling of ferrous materials.
Does not include: pawnshops, and other secondhand stores ("Secondhand
stores/pawnshops"); the sale of operative used cars ("Auto and vehicle
sales/leasing/rental—Used"); or landfills or other waste disposal
sites ("Major impact facilities").
5.
Transfer Stations (Land Use).
Facility for the separation of recyclable items from solid
waste, with the remaining solid waste taken to the landfill. May include
recycling facilities, above.
† Religious Facilities (Land Use).
Facilities operated by religious organizations for worship,
or the promotion of religious activities and instructions; and accessory
uses on the same site, including living quarters for ministers and
staff, child care facilities, and temporarily up to six homeless individuals
or family members. Includes churches, synagogues, mosques, temples,
etc. Does not include other establishments maintained by religious
organizations, including full-time educational institutions, hospitals
and other potentially related operations (including a recreational
camp) which are classified according to their respective activities.
Remainder.
As part of a proposed subdivision, a portion of a parcel
that is left undivided when other portions of the parcel are divided
for the purpose of sale, lease, or financing, in compliance with Map
Act Section 66424.6.
Remainder, Designated.
As part of a proposed subdivision, a portion of any unit
or units of improved or unimproved land that are designated by the
subdivider as a remainder that is not divided for the purpose of sale,
lease, or financing, in compliance with Map Act Section 66424.6.
Rendering Plants.
Facilities engaged in the rendering of inedible stearin,
grease, and tallow from animal fat, bones, and meat scraps ("Major
impact facilities").
† Repair Services (Land Use).
Service for the repair and/or maintenance of business equipment
and consumer products including computers and other electronic equipment;
television, radio, and other appliance repair; watch, clock, and jewelry
repair; re-upholstery and furniture repair; and shoe repair. Does
not include auto and mechanical repair services ("Auto/vehicle services,
maintenance/minor repair"; "Auto/vehicle services, major repair/body
work").
† Research and Development (R&D) (Land Use).
Indoor facilities for scientific research, and the design,
development, and testing of electrical, electronic, magnetic, optical,
and mechanical components in advance of product manufacturing, that
are not associated with a manufacturing facility on the same site.
Includes chemical and biotechnology research and development. Does
not include computer software companies ("Offices"); soils and other
materials testing laboratories ("Business support services"); or medical
laboratories ("Medical services—Clinics and labs").
† Residential Care Facilities (Land Use).
State-licensed facilities providing residential, social,
and personal care for children, the elderly, or people with some limits
on their ability for self-care, but where medical care is not a major
element.
1.
Assisted Living (Land Use).
A facility that provides a combination of housing, meals,
supportive services, personalized assistance, and health care that
responds to the individual requirements of those who need assistance
with the activities of daily living but do not need 24-hour skilled
medical care. They may provide other services, including recreational
activities, financial services, and transportation. Does not include
child care facilities ("Child Care Facilities").
2.
Care Homes, Six or Fewer Clients (Land Use).
Any facility, place, or building which is maintained and
operated to provide nonmedical residential care, day treatment, or
adult day care for six or fewer children, adults, children and adults,
or seniors, including the physically handicapped, mentally impaired,
incompetent persons, abused or neglected children. These facilities
are licensed by the State of California and only subject to State
regulations. Includes adult residential facilities, adult day care
facilities, day treatment facilities, foster family homes, group homes,
residential care facilities for the chronically ill, residential care
facilities, small family homes, social care facilities, social rehabilitation
facilities, community treatment facilities, wards of the Court, and
residential care facilities for AIDS patients (Department of Social
Services); intermediate care facilities (Department of Health Services);
alcoholism or drug abuse recovery or treatment facilities (Department
of Drug and Alcohol); and convalescent homes and nursing homes (Department
of Public Health); pediatric day health and respite care facilities;
intermediate care facilities for the developmentally disabled and
congregate living health facilities; guest homes and rest homes. Does
not include child care facilities ("Child care facilities").
3.
Family Care Homes, Seven or More Clients (Land Use).
Any facility, place, or building which is maintained and
operated to provide nonmedical residential care for seven or more
children, adults, or children and adults, including the physically
handicapped, mentally impaired, incompetent persons, or abused or
neglected children. Includes adult residential facilities, adult day
care facilities, day treatment facilities, group homes, residential
care facilities for the chronically ill, facilities for wards of the
court, and residential care facilities for AIDS patients (Department
of Social Services); intermediate care facilities (Department of Health
Services); convalescent homes and nursing homes (Department of Public
Health); intermediate care facilities for the developmentally disabled
and congregate living health facilities. Does not include "Child care
facilities," "Adult day care facilities," and "Social services facilities—Drug
abuse, alcohol recovery/treatment facility."
4.
Senior Care Facilities, Seven or More (Land Use).
Residential facilities that provide social and personal care
with little or no medical care for seven or more persons who are at
least 62 years of age, or are at least 55 years of age who meets the
qualifications found in Section 51.3 of the California
Civil Code.
Includes residential care facilities for the elderly (Department of
Social Services); guest homes and rest homes.
† Restaurant (Land Use).
A retail business selling food and beverages prepared on the site, including counter service establishments where customers are served prepared food from a walk-up ordering counter or drive-up window for either on- or off-premises consumption; and table service establishments where most customers are served food at tables for on-premises consumption, but may also provide food on a take-out basis where take-out is clearly secondary to table service. Outdoor dining facilities shall meet the standards for outdoor dining and seating areas (Section
16.80.250). Does not include the restaurants selling alcoholic beverages ("Alcoholic beverage sales—With another use (on-sale)").
† Retail Stores (General) (Land Use).
Stores and shops selling goods or merchandise, not specifically
listed under another land use, to the general public for personal
or household consumption and rendering services incidental to the
sale of goods. These stores and lines of merchandise include:
antiques
|
art
|
artists' supplies
|
bakeries (retail only)
|
bicycles
|
books, new and used
|
cameras and photographic supplies
|
clothing and accessories
|
collectibles
|
mini marts without gas or alcohol sales
|
department stores
|
drug and discount stores
|
dry goods
|
fabrics and sewing supplies
|
florists and houseplant stores (indoor sales only)
|
food stores
|
general stores
|
gift sales
|
grocery stores
|
hardware
|
hobby materials
|
jewelry
|
luggage and leather goods
|
mini-marts without gas and/or alcohol sales
|
musical instruments, parts, and accessories
|
newsstands, including outdoor sales
|
orthopedic supplies
|
religious goods
|
small wares
|
specialty shops
|
sporting goods and equipment
|
stationery
|
toys and games
|
variety stores
|
video stores
|
Includes adult bookstores and sale of other materials that comply with the standards in Section 16.80.030 (Adult-related establishments). Does not include outdoor sale of plants ("Nurseries and garden supply stores"), mini marts selling gasoline and alcohol ("Convenience stores"). Retail stores are subject to the requirements for the sale of alcoholic beverages in compliance with Section 16.80.040 (Alcoholic beverage sales (off-sale)) and for problem uses in compliance with Section 16.80.270 (Problem uses).
|
Reverse Vending Machine Collection Facility.
A center where the public may donate, redeem, or sell recyclable
materials using an automated mechanical device which accepts at least
one or more types of empty beverage containers and issues a cash refund
or redeemable credit slip with a value, as determined by State law.
These vending machines may accept aluminum cans, glass and plastic
bottles, and other containers. See "Recycling and waste facilities."
Review Authority.
The individual or official City body (the Community Development
Director, Planning Commission, or City Council) identified by this
Development Code as having the responsibility and authority to review,
and approve or disapprove the permit applications described in Division
5 (Land Use Development Standards).
Revocable Permit.
A permit required to place a privately-owned improvement
or object in the public right-of-way.
† Rooming and/or Boarding Houses (Land Use).
A residence or dwelling structure, or part thereof wherein
five or more rooms, with or without individual or group cooking/dining
facilities, are rented to individuals under separate rental agreements
or leases, either written or oral, whether or not an owner, agent,
or rental manager is in residence. This definition also applies wherein
there is only one rental agreement or lease and five or more individuals
sign the same agreement or subleases and rent is paid separately by
each of the individuals. Does not include alcohol recovery/treatment
facilities, health care facilities, or residential care facilities.
Sales Floor Area.
Interior building space devoted to the sale of merchandise;
it does not include restrooms, office space, storage space, automobile
service area, open-air garden sales space, or outdoor sales area.
† Sanitary Services (Land Use).
Facilities for the cleaning of hazardous and biohazardous
materials. Includes the cleaning of portable toilets, tankers, and
containers.
† Second Hand Stores, Pawnshops (Land Use).
Retail establishments that buy and sell used products, including
clothing, furniture and household goods, jewelry, appliances, musical
instruments, business machines and office equipment, tools, motors,
machines, instruments, firearms, or any similar secondhand articles
or objects; includes indoor flea markets. Does not include bookstores
("Retail stores"); secondhand farm and construction equipment ("Construction,
farm, and heavy equipment sales"); junk dealers, or scrap/dismantling
yards ("Recycling facilities—Scrap and dismantling yards");
the sale of antiques and collectibles ("Retail stores"); the sale
of cars and other used vehicles ("Auto and vehicle sales, leasing,
and rental, used"); outdoor flea market ("Outdoor retail sales and
activities").
Security.
Bonds, cash deposits, letters of credit, and/or other instruments
acceptable to the City that are used to guarantee specific performance.
Self-Distribution.
Distribution that is limited to cannabis products cultivated
or manufactured onsite.
Semitruck.
A heavy duty truck, usually with a large diesel engine and
two or three axels, which is designed to haul long semitrailers for
the transportation of freight.
Senior Citizen.
In compliance with State and Federal law, means:
1.
Persons at least 62 years of age; or
2.
Persons at least 55 years of age in a senior citizen housing
development.
Senior Citizen Housing.
A housing development consistent with the California Fair
Employment and Housing Act (
Government Code Section 12900 et seq.,
including Section 12955.9 in particular), which has been "designed
to meet the physical and social needs of senior citizens," and which
otherwise qualifies as "housing for older persons" as that phrase
is used in the Federal Fair Housing Amendments Act of 1988 (P.L. 100-430)
and implementing regulations and as that phrase is used in California
Civil Code Sections 51.2 and 51.3.
† Senior Residential Projects (Land Use).
Multifamily housing designed for persons at least 62 years
of age, or a person at least 55 years of age who meets the qualifications
found in Section 51.3 of the California
Civil Code. Includes senior
apartments, retirement communities, retirement homes, homes for the
aged. Does not include single-family subdivision for seniors ("Single-family
homes"); extended care facilities such as convalescent homes or skilled
nursing facilities ("Medical services—Extended care"); assisted
living facilities or senior care facilities ("Residential care facilities").
Setback.
The distance by which a structure, parking area or other
development feature must be separated from a lot line. Setbacks from
private streets are measured from the edge of the easement. See also
"Yard." Figure 8-4 (Setbacks) shows the location of front, side, street
side, rear, and interior setbacks.
FIGURE 8-5 FLAG LOT SETBACKS
|
† Shopping Center (Land Use).
Commercial sites that are primarily retail with two or more
separate businesses managed as a total entity and sharing common access,
circulation, and pedestrian and parking areas so that a public right-of-way
does not need to be used to get from one business to another.
1.
Neighborhood (Land Use).
A shopping center that provides a limited number of frequently
or recurrently needed personal items or services for residents in
an immediate neighborhood that generally occupies up to 10 acres,
has up to 100,000 square feet of gross leasable area, and draws its
clientele from a five minute driving radius from the center.
2.
Community (Land Use).
A shopping center that provides a variety of retail or personal
service needs for residents in a particular area of the community
that generally contains approximately 150,000 square feet of gross
leasable area, has a site of 10 to 25 acres, and draws its clientele
from about a 10-minute drive from the center.
3.
Regional (Land Use).
A shopping center that contains a wide range of retail and
service establishments, including at least one or more anchor stores,
for an entire community or larger area, and generally occupies more
than 25 acres, often contains more than 400,000 square feet of gross
leasable space, and draws its clientele from as much as a 45-minute
drive from the center.
Side-Entry Garage.
A garage with the front garage entry door perpendicular to
the right-of-way.
Sign.
Any structure, device, figure, painting, display, message
placard, or other contrivance, or any part thereof, situated outdoors
or indoors, which is designed, constructed, intended, or used to advertise,
or to provide data or information in the nature of advertising, to
direct or attract attention to an object, person, institution, business,
service, event, or location by any means, including words, letters,
figures, designs, symbols, fixtures, colors, illumination, or projected
images. The following terms related to signs are used in this Development
Code. See Figure 8-6.
1.
Abandoned Sign—Off-Premises.
An off premises sign that has not been maintained in compliance
with the provisions of this Development Code for a period in excess
of 30 days following legal notice to the owner of the property and/or
owner of the advertising display, or tenant on whose property the
advertising display is located that the sign does not meet minimum
maintenance standards as determined by the Director.
2.
Abandoned Sign—On-Site.
Any sign that is not maintained and advertises a business,
lessor, owner, product, service, or activity that is no longer on
the premises where the sign is displayed.
3.
Advertising Sign.
Any sign that provides copy intended to attract customers
to purchase a product or service.
4.
Alteration.
Any change of copy, sign face, color, size, shape, illumination,
position, location, construction, or supporting structure of any sign.
5.
Animated or Moving Sign.
Any sign which uses movement, lighting, or special materials
to depict action or create a special effect to imitate movement.
6.
Awning Sign.
Any sign copy or logo attached to or painted on an awning.
FIGURE 8-6 EXAMPLES OF SIGN TYPES
|
7.
Banner, Flag, or Pennant.
Any cloth, bunting, plastic, paper, or similar nonrigid material
used for advertising purposes attached to any structure, staff, pole,
line, framing, or vehicle, not including official flags of the United
States, the State of California, and other states of the nation, counties,
municipalities, official flags of foreign nations and nationally or
internationally recognized organizations.
9.
Business Identification Sign.
A sign which serves to identify only the name, address, and
lawful use of the premises upon which it is located and provides no
other advertisements or product identification.
10.
Changeable Copy Sign.
A sign designed to allow the changing of copy through manual,
mechanical, or electrical means including time and temperature.
11.
City-Owned or Controlled Property.
Real property that the City of Stockton either owns in fee
title or has a sufficient legal interest in through an easement, lease,
right-of-way, or some other instrument to be able to use the property
for the purposes of this title.
12.
Civic Event Sign.
A temporary on-site sign, other than a commercial sign, posted
to advertise a civic event sponsored by a public agency, private school,
church, civic-fraternal organization, or similar noncommercial organization.
13.
Construction Sign.
A sign that states the name of the developer and contractor(s)
working on the site and any related engineering, architectural or
financial firms involved with the project.
14.
Directional Sign.
An on-site sign which is designed and erected solely for
the purposes of directing vehicular and/or pedestrian traffic within
a project.
15.
Double-Faced Sign.
A sign constructed to display its message on the outer surfaces
of two identical and/or opposite parallel planes.
17.
Moving Display/Sign (Includes Flashing).
A sign that uses blinking, flashing, or intermittent illumination
that has at least one change in a 24-hour period; light reflectors;
moving or reflective characters or materials.
19.
Freeway-Oriented Sign.
A freestanding, on-site sign that advertises businesses adjacent
to a "freeway." On-site means on the same parcel or within the same
integrated center.
21.
Garage Sale Sign.
A sign with a message advertising the resale of personal
property that has been used by the resident.
22.
Holiday Decoration Sign.
Temporary signs, in the nature of decorations, clearly incidental
to and customarily associated with nationally recognized holidays
and which contain no advertising message.
23.
Illegal Sign.
A sign which includes any of the following:
a.
A sign erected without first complying with all regulations
in effect at the time of its construction or use;
b.
A sign that was legally erected, but whose use has ceased, the
structure upon which the display is placed has been abandoned by its
owner, or the sign is not being used to identify or advertise an ongoing
business for a period of not less than 90 days;
c.
A sign that was legally erected which later became nonconforming
as a result of the adoption of an ordinance, the amortization period
for the display provided by the ordinance rendering the display conforming
has expired, and conformance has not been accomplished;
d.
A sign that was legally erected which later became nonconforming
and then was damaged to the extent of 50 percent or more of its current
replacement value;
e.
A sign that is a danger to the public or is unsafe;
f.
A sign that is a traffic hazard not created by relocation of
streets or highways or by acts of the City; or
g.
A sign that pertains to the specific event and five days have
elapsed since the occurrence of the event.
24.
Logo.
A distinctive organization or company signature, trademark,
or symbol.
25.
Marquee (Canopy) Sign.
A sign which is attached to or otherwise made a part of a
permanent roof-like structure which projects beyond the building wall
in the form of a large canopy to provide protection from the weather.
26.
Monument Sign.
An independent, freestanding structure supported on the ground
having a solid base as opposed to being supported by poles or open
braces.
27.
Nameplate.
A small sign or plaque identifying the name and/or address
of the occupant of a structure or business.
29.
Permanent Sign.
A sign constructed of durable materials and intended to exist
for the duration of time that the use or occupant is located on the
premises.
30.
Pole Sign.
A sign that is displayed on and completely supported by one
or more support elements (pole(s)) that is ground-mounted, with no
part of the sign attached to a building or similar structure.
31.
Political Sign.
A sign designed for the purpose of advertising support of
or opposition to a candidate or proposition for a public election.
32.
Portable Sign.
A sign that is not permanently affixed to a structure or
the ground.
33.
Projecting Sign.
A sign other than a wall sign suspending from, or supported
by, a structure and projecting outward from, and perpendicular to,
the structure.
34.
Promotional Sign.
A sign erected on a temporary basis to promote the sale of
new products, new management, new hours of operation, a new service,
or to promote a special sale.
35.
Real Estate Sign.
A sign indicating that a property or any portion thereof
is available for inspection, sale, lease, rent, or directing people
to a property, but not including temporary subdivision signs in compliance
with California
Civil Code Section 713.
36.
Roof Sign.
A sign constructed upon or over a roof, or placed so as to
extend above the edge of the roof.
37.
Special Event Sign/Banner.
A temporary sign, balloon, or banner that is intended to
inform the public of a unique happening, action, purpose, or occasion
(i.e., grand opening or community event).
38.
Sign Amortization.
The elimination of nonconforming signs over a period of time
intended to allow the owner the opportunity to realize the value of
his or her investment in the sign.
39.
Temporary Sign.
Any sign intended to be displayed for a limited period of
time and capable of being viewed from any public right-of-way, parking
area or neighboring property.
40.
Vehicle Sign.
A sign which is attached to or painted on a vehicle which
is parked on or adjacent to any property, the principal purpose of
which is to attract attention to a product sold or business located
on the property.
41.
Wall Sign.
A sign which is attached to or painted on the exterior wall
of a structure with the display surface of the sign approximately
parallel to the building wall.
42.
Window Sign.
Any sign posted, painted, placed, or affixed in or on any
window exposed to public view. Any interior sign which faces any window
exposed to public view and is located within three feet of the window.
† Signs, Off-Premises (Land Use).
A sign that identifies, advertises, or directs attention
to a business, activity, product, service, or other commercial or
noncommercial interest of any person, firm, or business not located
on the premises where the sign is located; or a freestanding structure
on which a sign is located, where the sign structure is on a premises
not owned by the owner of the sign structure and where the sign message
is not sponsored by the owner of the premises.
† Single-Family Dwellings (Land Use).
A freestanding residential building designed for and/or occupied
exclusively by one living unit that includes one kitchen and permanent
provisions for living, sleeping, eating, sanitation, and parking.
Also includes factory-built, modular housing units constructed in
compliance with the
California Building Standards Code and mobilehomes/manufactured
housing on permanent foundations. May also include living quarters
without kitchen facilities for domestic employees (maid, etc.). Does
not include "Rooming and/or boarding houses."
Site.
A parcel or adjoining parcels under single ownership or single
control, considered a unit for the purposes of development or other
use.
Site/Lot Characteristics.
1.
Grade.
The ground surface immediately adjacent to the exterior base
of a structure, typically used as the basis for measurement of the
allowed height of a proposed structure.
a.
Average Grade.
The elevation determined by computing the mathematical average
of the elevations of the highest and lowest points on the boundaries
of the area for which average grade is being determined.
c.
Finish Grade.
The final contour of the ground surface of a site that conforms
to the approved grading plan.
d.
Street Grade.
The elevation of the centerline of the street adjacent to
the site proposed for development.
2.
Site/Lot Coverage.
The percentage of total site area occupied by structures.
Structure/building coverage includes the primary structure, all accessory
structures (e.g., carports, garages, patio covers, storage sheds,
trash dumpster enclosures, etc.) and architectural features (e.g.,
chimneys, balconies, decks above the first floor, porches, stairs,
etc.). Structure/building coverage is measured from exterior wall
to exterior wall. See Figure 8-7 (Site Coverage).
3.
Site Area.
Gross site area means the total area included within the
lot lines of a site, exclusive of adjacent dedicated street rights-of-way.
Net site area means exclusive of easements, including those for utilities
or flood control channels, which limit the use of the site.
Site Plan.
A plan for a project site that delineates the overall layout
of a proposed facility, including structures, ingress/egress and circulation,
and improvements.
Site Plan Review.
Discretionary land use permit for which procedures are established by Chapter
16.152 (Site Plan Review).
Slaughterhouses.
Establishments primarily engaged in slaughtering cattle,
calves, hogs, sheep, lambs, and/or other animals for meat to be sold,
or used on the same site in canning, curing, and freezing, and in
the making of sausage, lard, and other products ("Major impact facilities").
† Social Services Facilities (Land Use).
Establishments providing assistance and aid to those persons
requiring counseling and/or treatment for psychological problems,
addictions, learning disabilities, and/or physical disabilities or
to those persons in need of food and/or shelter.
1.
Drug Abuse, Alcohol Recovery/Treatment Facilities (Land
Use).
Establishments that provide assistance, counseling, and/or
medical treatment for those persons dependent upon alcohol or drugs.
Does not include one-on-one counseling and weight loss and smoking
clinics and facilities ("Offices"); drug treatment facilities ("Medical
Services—Medical-Related Facilities").
2.
Emergency Shelters (Land Use).
Housing with minimal support services for homeless persons
that is limited to occupancy of six months or less by a homeless person.
No individual or household may be denied emergency shelter because
of an inability to pay.
3.
Feeding Centers (Land Use).
Any place where food is served or dispensed and the operation
is conducted as a nonprofit, charitable operation, including mission
feeding centers, soup kitchens, church organization food outlets,
and charitable rehabilitation centers.
Statutory Cooperatives.
Must file articles of incorporation with the State and conduct
its business for the mutual benefit of its members (Corporation Code,
Sections 12201, 12300) and register as a corporation under the Corporations
or
Food and Agricultural Code (Id. at Section 12311(b)). The earnings
and savings of the business must be used for the general welfare of
its members or equitably distributed to members in the form of cash,
property, credits, or services.
Stock Cooperative.
A development defined by
Business and Professions Code 11003.2
and
Civil Code Section 1351(m), where a corporation is formed to hold
title to improved real property and the shareholders in the corporation
receive a right of exclusive occupancy in a portion of the real property.
Stockyards.
Sites where cattle or other animals are held or maintained
for the purposes of feeding and/or marketing, including feed lots
and sales yards ("Major impact facilities").
† Storage Yards (Land Use).
The outdoor storage of various materials and/or equipment
as the primary use of the site. Includes contractor's storage yards,
equipment storage yards, etc. Does not include recycling facilities,
auto wrecking, etc. ("Recycling and waste facilities).
Story.
A horizontal section of a building, with a single continuous
or primarily continuous floor, including all rooms on the same floor
or level of the building.
Street.
A public roadway (road, highway, drive, lane, avenue, place,
boulevard, and any other thoroughfare) that affords the principal
means of access to an abutting property. See City's standard specifications
and plans, City of Stockton General Plan—Background Report,
for specifics.
1.
Local Street.
Low speed/low volume roadways used primarily for direct access
to residential, commercial, industrial, or other abutting property
whose sole function is to provide access to the immediately adjacent
land. Connects individual parcels, especially homes, to collectors.
Includes low volume residential, medium volume residential, commercial,
and industrial.
2.
Collector.
A medium speed/medium volume street which serves traffic
movements within subdivisions and connects the local streets within
this area to an arterial street or other collector street. Collectors
include residential (back-up) and nonresidential streets.
b.
Industrial Collector.
Provides specific local truck access within industrial areas
and linkage directly to arterials.
3.
Arterial.
Relatively high speed/high capacity street that serves as
the principal network for through traffic flow by connecting areas
of principal traffic generation to regional transportation facilities
and intra-community travel, as well as important rural highways entering
the city. Includes minor and major arterials.
a.
Minor Arterial.
Provides traffic service to and from community centers, major
recreational areas, and major generators, and only secondarily provides
direct access to abutting land. Connects local roads and streets to
expressways, arterials, and other collectors.
b.
Major Arterial.
Provides for relatively large traffic movements between areas
within urban areas and across portions of urban areas. Provides for
movement of long trips between communities and subregions. Provides
direct service to principal generators and secondarily for direct
access to abutting land. Connects to freeways, expressways, and other
arterials.
Street Line.
The boundary between a street right-of-way and property.
Street, Public.
A public thoroughfare accepted by the City, which affords
principal means of access to abutting property, including avenue,
place, way, drive, lane, boulevard, highway, road, and any other thoroughfare
except an alley as defined in this section.
Street, Private.
A privately-owned and maintained thoroughfare, which affords
principal means of access to abutting property.
Street Tree.
A tree planted by the City, or by another party that has
been permitted by the Director to plant in lieu of the City, either
in the public right-of-way or public utility easement.
Structure.
Anything constructed or erected, the use of which requires
attachment to the ground or attachment to something located on the
ground. Includes manufactured and modular buildings (residential,
commercial, industrial). For the purposes of this Development Code,
the term "structure" includes "buildings."
2.
Accessory Structure.
A structure that is physically detached from, secondary and incidental to, and commonly associated with the primary structure. For the purposes of this Development Code accessory structures and uses include: detached garages, greenhouses, tool sheds, artist's studios, and workshops; hot tubs, jacuzzis, spas, and swimming pools, together with any enclosures or associated buildings (e.g., pool houses that may include limited kitchen facilities); and any other open air enclosures, including gazebos and detached patio covers, portable covers, or shelters. See Section
16.80.020, Accessory uses and structures.
3.
Temporary Structure.
A structure without permanent foundation or footings and
that is designed to be removed when the designated time period, activity,
or use has ended.
† Studios (Land Use).
Facilities for individual instruction and training in the
arts; creation of products/productions; production rehearsal; photography
and the processing of photographs produced only by users of the studio
facilities.
Subdivider.
A person, firm, corporation, partnership or association who
proposes to divide or causes to be divided real property into a subdivision
for oneself or for others; except that employees and consultants of
persons or entities, acting in such capacity, are not "subdividers."
See "Developer."
Subdivision.
The division, by any subdivider, of any unit or portion of
land shown on the latest equalized San Joaquin County assessment roll
as a unit or contiguous units, for the purpose of sale, lease or financing,
whether immediate or future. Property shall be considered as contiguous
units, even if it is separated by roads, streets, utility easement
or railroad rights-of-way. Subdivision includes the following, as
defined in
Civil Code Section 1351: a condominium project; a community
apartment project; or the conversion of five or more existing dwelling
units to a stock cooperative.
Subdivision Improvement Standards.
The City of Stockton regulations for the design and construction
of streets, water supply and sewage disposal systems, and other facilities
that will serve the parcels in an approved subdivision.
Suburban Area.
An area generally characterized by separate land uses and
housing types with most uses oriented toward the automobile; single-family
homes are built at lower densities, usually less than five units per
acre, and located on long streets or cul-de-sacs with a limited number
of full intersections and backup walls along collector and arterial
streets; commercial and office uses are usually located on arterials.
Most development in suburban areas occurs on raw land. In Stockton,
suburban areas are primarily located in one of three areas: 1. north
of the Calaveras River; 2. west of I-5; or 3. south of Eleventh Street
and east of Airport Way.
Supportive Housing.
Housing with no limit on the length of stay, that is occupied
by the target population and that is linked to on-site or off-site
services that assist the supportive housing resident in retaining
the housing, improving his or her health status, and maximizing his
or her ability to live and, when possible, work in the community.
Supportive housing is a use by right in special purpose or commercial
zoning districts permitting multifamily dwellings, upon compliance
with the provisions of
Government Code Section 65650 et seq. "Supportive
services" shall have the same meaning as defined in
Government Code
Section 65582. "Target population" shall have the same meaning as
defined in Section 50675.14 of the
Health and Safety Code. "Use by
right" shall have the same meaning as defined in subdivision (i) of
Government Code Section 65583.2.
Target Population.
Persons with low incomes who have one or more disabilities,
including mental illness, HIV or AIDS, substance abuse, or other chronic
health condition, or individuals eligible for services provided pursuant
to the Lanterman Development Disabilities Services Act (Division 4.5
(commencing with Section 4500) of the
Welfare and Institutions Code)
and may include, among other populations, adults, emancipated minors,
families with children, elderly persons, young adults aging out of
the foster care system, individuals exiting from the institutional
settings, veterans, and homeless population.
Target Unit.
A dwelling unit within a housing development which will be
reserved for sale or rent to, and affordable to, very low or low-income
households or qualifying residents.
Teen Nightclubs.
Entertainment facilities that limit attendance to persons
between the ages of 13 and 20 years.
Temporary Non-Mobile Sales.
Any person who sells any food, goods, or merchandise from
a stationary table or stall, which is not attached to another structure,
does not have a fixed place of business, and is accessory to a primary
use on the same private property.
Tentative Map.
A map made for the purpose of showing the design and improvement
of a proposed subdivision and the existing conditions in and around
it.
Testing Laboratory Permit.
A permit issued to a laboratory, facility, or entity in the
State that offers or performs tests of cannabis or cannabis products
for medical and/or adult use that hold a valid Annual State License.
Theater.
A building or part of a building devoted to showing motion pictures or dramatic dance, musical, or other live performances. See "Auditoriums, meeting halls, and theaters (land use)" and zoning district development standards (Chapter
16.24) for CN, CG, CL, and MX zoning districts.
Tiny Homes (Permanent).
Detached dwelling units typically sized under 400 square
feet or smaller placed on permanent foundations.
Tiny Homes (Temporary).
Detached residential units typically sized under 400 square
feet or smaller not placed on permanent foundations.
† Townhouses (Land Use).
A group of attached one-family dwelling units in a row of
at least four units, in which each unit has its own front and rear
access to the outside, no unit is located over another unit, and each
unit is separated from any other unit by one or more vertical common
fire-resistant walls.
Tractor-Trailer.
A heavy duty truck, usually with a large diesel engine and
two or three axels, which is designed to haul long semi-trailers for
the transportation of freight. Includes truck and trailer, transfer
truck, 18-wheeler, semi, diesel, and big rig.
Traffic Sight Area.
A triangular area formed by measuring a specified distance from the intersection of the front and street side property lines or, where applicable, from the intersection of a street property line and an on-site driveway, and connecting the lines across the property in compliance with Section
16.36.140 (Traffic sight area).
Transitional Housing.
Buildings configured as rental housing developments, but
operated under program requirements that require the termination of
assistance and recirculating of the assisted unit to another eligible
program recipient at a predetermined future point in time that shall
be no less than six months from the beginning of the assistance (Government
Code Section 65582, subdivision (j)). Transitional housing programs
provide extended shelter and supportive services for homeless individuals
and/or families with the goal of helping them live independently and
transition into permanent housing. Transitional housing is considered
to be a "dwelling" in the individual zone chapters.
† Transit Stations and Terminals (Land Use).
Passenger stations for vehicular, ferry, and rail mass transit
systems; also terminal facilities providing maintenance and service
for the vehicles operated in the transit system. Includes buses, taxis,
railway stations, and intermodal facilities.
Tree House.
A structure typically used by children for play, which is
typically constructed of wood and/or discarded materials, which uses
the branches and/or trunk of a tree as primary structural elements.
† Triplex (Land Use).
A single building for three living units that are independent
of each other with each one having a kitchen and direct access to
the outside or to a common hall. Does not include rooming and/or boarding
houses.
Unit.
See "Housing unit."
Urban Agriculture.
The production of food in a form and scale that is appropriate
for the urban context and includes market garden; community garden;
private garden; hydroponics; and urban beekeeping.
Urban Areas.
An area generally characterized by a greater mixture of land
uses and housing types that are more pedestrian-oriented with a greater
variety of travel options; single-family homes are built at a variety
of densities, including higher densities over five units to the acre;
streets are short (300 to 600 feet in length) in a predominately grid
pattern. Most development occurs on previously developed properties.
In Stockton, urban areas are primarily located in one of three areas:
1. the central portion of Stockton; 2. south of the Calaveras River
and east of I-5; or 3. north and west of Eleventh Street and Airport
Way.
Urban Beekeeping.
The practice of keeping bee colonies in urban areas. Urban
beekeeping is allowed in commercial, residential (hobby), and market
garden/urban farm land uses.
Use.
The purpose for which land or a structure is designed, arranged,
intended, occupied, or maintained.
1.
Use, Primary.
The main purpose for which a site is developed and/or used,
including the activities that are conducted on the site a majority
of the hours during which activities occur. A site may have more than
one primary use.
2.
Use, Accessory.
A land use that is in addition to, secondary and incidental
to, and commonly associated with the primary use, including outdoor
barbecue grilling, outdoor dining, mobile vendors, etc.
3.
Use, Temporary.
A use established for a limited time with the intent to discontinue
the use upon expiration of the time period.
Use Permit.
A permit issued by a review authority stating the conditions required for a specific use at a specified location to be allowed. Also referred to as a conditional use permit. See Chapter
16.168 (Use Permits).
Vacant Lot.
Any parcel of real property that is not improved with a community
garden, or a completed permitted structure.
Variance.
A discretionary entitlement that may waive or relax the development standards of this Development Code, in compliance with Chapter
16.172 (Variances).
† Vehicle and Freight Terminals (Land Use).
Transportation establishments furnishing services incidental
to air, motor freight, and rail transportation including:
freight forwarding services
|
freight terminal facilities
|
joint terminal and service facilities
|
packing, crating, inspection, and weighing services
|
postal service bulk mailing distribution centers
|
transportation arrangement services
|
truck repair
|
truck terminals
|
trucking facilities, including transfer and storage
|
Does not include automobile parking ("Auto and vehicle services—Parking
facilities" and "Auto and vehicle services—Vehicle storage");
repair shops that are part of a vehicle dealership on the same site
("Auto and vehicle sales"); automobile service stations ("Auto and
vehicle services—Service stations"); automobile dismantling
yards ("Recycling facilities—Scrap and dismantling yards");
corp yards ("Major impact facilities").
|
Very Low and Low-Income Households.
Households whose income does not exceed the very low and
low-income limits applicable to the County, as published and periodically
updated by the State Department of Housing and Community Development
in compliance with State law (
Health and Safety Code Sections 50105
and 50079.5.). This applies to both "for rent" and/or "for sale" housing.
Vesting Tentative Map.
A map that is filed and processed in the same manner as a tentative map except as otherwise provided by Section
16.188.080 (Vesting tentative maps) or the Map Act. A vesting tentative map shall have the words "Vesting Tentative Map" printed conspicuously on its face at the time it is filed with the Department.
† Warehouse Retail Stores (Land Use).
General merchandise retail stores that emphasize the packaging and sale of products in large quantities or volumes, some at discounted prices. Sites and buildings are usually large and industrial in character. Patrons may or may not be required to pay membership fees. These stores usually offer a variety of customer services, centralized cashing, and a wide range of products. They usually maintain long store hours seven days a week. Includes big box retail facilities, discount stores, club stores, membership stores, and "discount superstores" (See Chapter
16.24). Does not include the sale or rental of motor vehicles ("Auto and vehicle sales, leasing, and rental—New"; "Auto and vehicle sales, leasing, and rental—Used"); the sale of construction and building materials ("Building materials stores"); department stores ("Retail—General").
† Warehouses (Land Use).
Facilities for the storage of farm products, furniture, household
goods, or other commercial goods of any nature. Includes cold storage.
Does not include warehouse, storage or mini-storage facilities offered
for rent or lease to the general public ("Personal storage facility—Mini-storage");
warehouse facilities in which the primary purpose of storage is for
wholesaling and distribution ("Wholesaling and distribution"); or
terminal facilities for handling freight ("Vehicle and freight terminals").
Water-Efficient Landscaping.
A landscape that is designed and maintained to function in
a healthful and visually pleasing manner in compliance with the standards
provided in this title. This generally involves the strategic use
of plants which have minimal water requirements for subsistence, plants
native and/or suitable to the City environment (xeriscape), and hardscape
to achieve an overall landscape concept that is water conserving.
† Wholesaling and Distribution (Land Use).
Establishments engaged in selling merchandise to retailers;
to industrial, commercial, institutional, farm, or professional business
users; or to other wholesalers. Sales may be conducted by auction.
Also establishments acting as agents or brokers in buying merchandise
for, or selling merchandise to, such persons or companies. Includes:
agents, merchandise or commodity brokers, and commission merchants
|
assemblers, buyers, and associations engaged in the cooperative
marketing of farm products
|
merchant wholesalers
|
stores primarily selling electrical, plumbing, heating, and
air conditioning supplies and equipment
|
Does not include bakeries ("Food and beverage product manufacturing"),
laundries and dry cleaning plants ("Laundries and dry cleaning plants").
|
Wind Power Equipment.
Rotating machines that convert the kinetic energy of the
wind into mechanical energy. Includes wind turbines, wind generators,
windmills, wind power units (WPU), wind energy converters (WEC).
Xeriscape.
Landscape elements primarily involving drought-tolerant and
low-water demand plant materials, and non-plant materials.
Yard.
An area between a lot line and a setback, unobstructed and unoccupied from the ground upward, except for projections permitted by this Development Code. See Section
16.36.120 (Setback regulations and exceptions) and Figure 8-4 (Setbacks).
1.
Front Yard.
An area extending across the full width of the lot between
the front lot line and the required setback.
2.
Rear Yard.
An area extending the full width of the lot between a rear
lot line and the required setback.
3.
Side Yard.
An area extending from the front yard to the rear yard between
the nearest side lot line and the required setback.
Yosemite Shopping Area.
The area zoned CN including the parcels adjacent to the intersection
of North Yosemite and Acacia Streets, and those parcels fronting North
Yosemite Street between Acacia Street and West Poplar Street, also
referred to as "Yosemite Street Village."
Zoning Code.
The City of Stockton Planning and Zoning Code as it existed
prior to the adoption of the ordinance codified in this Development
Code.
Zoning District.
Any of the residential, commercial, industrial, special-purpose,
or overlay districts established by Division 2 of this Development
Code (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards),
within which certain land uses are allowed or prohibited, and certain
site planning and development standards are established (e.g., setbacks,
height limits, site coverage requirements, etc.).
Zoning District, Primary.
The zoning district applied to a site by the Zoning Map,
to which an overlay zoning district may also be applied.
(Prior code § 16-800.020; Ord. 018-07 C.S. § 5; Ord. 023-07 C.S. § 135; Ord. 001-08 C.S. § 35; Ord. 014-09 C.S. § 5, eff. 11-5-09; Ord. 015-09 C.S., eff. 12-3-09; Ord. 013-10 C.S.
§ 1, eff. 9-23-10; Ord. 011-11 C.S. § 1, eff. 10-27-11; Ord. 2012-08-14-1602-02 C.S.
§ 1, eff. 9-13-12; Ord. 2013-07-30-1603-01 C.S. § 2; Ord. 2013-12-17-1601 C.S. § 1; Ord. 2014-05-20-1601 C.S. § 2; Ord. 2014-07-29-1601 C.S. §§ 4—6; Ord. 2016-01-26-1601 C.S. § 7; Ord. 2016-04-12-1602 C.S. §§ VIII—X; Ord. 2016-05-24-1605 C.S. § VII; Ord. 2016-06-28-1503-01 C.S. § IV; Ord. 2016-09-27-1601 C.S. § III; Ord. 2018-05-15-1502 C.S. § III; Ord. 2018-09-18-1502 C.S. § 21; Ord. 2019-03-05-1501 C.S. § 7; Ord. 2020-06-09-1501 C.S. §§ 36—38; Ord. 2020-09-15-1501 C.S. §19; Ord. 2020-12-01-1502 C.S. §§ 41—43; Ord. 2022-07-12-1601-02 C.S. § 34; Ord. 2023-04-18-1602 C.S. § 5)