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.
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-unit 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." |
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.
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.
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.
Very low income: 30 percent to 50 percent of AMI.
Lower income: 50 percent to 80 percent of AMI; the term may also be used to mean 0 percent to 80 percent of AMI.
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.
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.
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.
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.
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."
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.
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).
A group of at least five automobile dealerships on at least three acres.
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.
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.
Building Official.The City of Stockton Director of the Community Development Department, or the Deputy Director, Building Division, or any duly designated representative.
California Environmental Quality Act (CEQA).State law (California Public Resources Code Sections
21000 et seq.) requiring public agencies to document and consider the environmental effects of a proposed action, prior to allowing the action to occur.
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.
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.
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.
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 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.
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.
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 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 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.
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.
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.
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.
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.
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.
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 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).
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.
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
A structure- or roof-mounted facility that is more than 10 feet above the roof ridge line; and
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;
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
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 Apartment Project.A development in which an undivided interest in land is coupled with the right of exclusive occupancy of any apartment on the land, as defined in Business and Professions Code Section
11004, and
Civil Code 1351(d).
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).
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.
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.
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.
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.
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."
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."
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.
Duplex.Freestanding residential structures under single ownership containing two attached independent dwellings, each with one kitchen and direct outdoor access.
Dwelling.Any structure designed or used for the shelter or housing of one or more persons.
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.
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).
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.
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.
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;
State Plan of Flood Control;
Urban Level of Flood Protection.
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.
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.
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.
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 California Government Code Section
65300 et seq., and referred to in this Development Code as the "General Plan."
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.
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).
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.
For purposes of density bonus (Chapter
16.40), residential projects consisting of five or more residential units, including single-unit, multi-unit, and mobilehomes for sale or rent.
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 |
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
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;
A site of at least two acres; and
A site that is developed as follows:
a. So that it has shared, common access, and may have shared parking facilities and/or utilities;
So that it is not necessary to return to a public street to move from one area of the center to another; and
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. |
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.
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;
A refrigerator or other device for cold storage;
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.
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.
Legal Structure.A structure that was constructed in compliance with all City ordinances and regulations that were applicable at the time of construction.
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.
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.
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.
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").
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.
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.
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.
"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) |
The area that is bounded by Harding Way, El Dorado Street, Miner Avenue, and the Union Pacific Railroad track in the City of Stockton.
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.
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-unit dwelling"). A mobilehome on a permanent foundation is included under the definition of "Single-unit 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.
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.
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.
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.
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.
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.
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.
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.
Outdoor Activity Area.The outdoor recreation areas for noise-sensitive land uses. For single-unit 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 multi-unit 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 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)). |
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).
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.
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.
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.
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
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."
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.
Premises.Contiguous land in the same ownership and which is not divided by a public highway, street, or alley.
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.
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).
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.
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.
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;
Unreasonably offend or injure the senses;
Be annoying, unpleasant, or obnoxious; or
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
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;
It contains 400 square feet or less of gross area measured at maximum horizontal projections;
It is built on a single chassis; and
It is either self-propelled, truck-mounted, or permanently towable on the highways without a towing permit.
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").
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.
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.
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
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.
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 |
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;
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;
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;
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;
A sign that is a danger to the public or is unsafe;
A sign that is a traffic hazard not created by relocation of streets or highways or by acts of the City; or
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.
28. Off-Premises Sign.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.
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.
Single-Unit Dwelling.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.).
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 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).
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").
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.
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.
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").
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.
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.
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.
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.
Subdivision Map Act, or Map Act.Division
2, Title 7 of the California Government Code, commencing with Section 66410 as presently constituted, and any amendments to those provisions regarding the subdivision of real property.
An area generally characterized by separate land uses and housing types with most uses oriented toward the automobile; single-unit 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.
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.
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.
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.
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).
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.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.
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).
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).
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.
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.
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.
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, public and semi-public, other, 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; Ord. 2025-06-03-1601, 6/3/2025)
