San Joaquin City Zoning Code
CHAPTER 154
ZONING ORDINANCE
§ 154.001 NAME.
Chapter 154 of Title XV of the San Joaquin Municipal Code shall be known and cited as the "Citywide Development Code," "Development Code," or "Zoning Ordinance" and is also referenced herein as "chapter."
(Ord. 2021-03, passed 12-7-2021)
§ 154.002 PURPOSE.
The purpose of this chapter is to promote the growth of the city in an orderly manner that is consistent with the San Joaquin General Plan and to preserve and promote the public health, safety, and welfare of the city. More specifically, this Zoning Ordinance is adopted to achieve the following objectives:
(A) Provide precise standards and guidelines for the orderly growth and development of the city, consistent with the goals and policies of the General Plan;
(B) Ensure compatibility between residential and nonresidential development and land uses;
(C) Promote a well-designed city through the regulation of signing, landscaping, and site planning;
(D) Ensure a safe, effective transportation system, including parking and loading areas;
(E) Promote and protect residential, commercial, and industrial development in the city in order to strengthen its economic base; and
(F) Protect and enhance the built environment.
(Ord. 2021-03, passed 12-7-2021)
§ 154.003 APPLICABILITY.
(A) This chapter shall apply, to the extent permitted by state and federal law, to all property within the municipal boundaries of the City of San Joaquin, including all uses, structures, and land owned by any person, firm, corporation, or organization. Any governmental agency shall be exempt from the provisions of this chapter only to the extent that such property may not be lawfully regulated by the city. City government uses, including, without limitation, fire stations, police stations, and public safety facilities, may be permitted in any district subject to the approval of a conditional use permit.
(B) No land shall be used, and no structure shall be constructed, occupied, enlarged, altered, demolished, or moved in any zoning district, except in accordance with the provisions of this Zoning Ordinance. Specific uses of land, buildings, and structures listed as prohibited in any zoning district are hereby declared to be detrimental to the public health, safety, and welfare. The enumeration of prohibited uses shall not by implication enlarge the scope of permitted uses; they are for purposes of clarity only. A proposed use type within a zoning district must be listed as a permitted use type or similar to the listed use type per the applicable zoning district or determined to be such through the determination of the City Manager or designee, in order to be authorized under the Zoning Ordinance.
(C) If conflicts occur between requirements of the Zoning Ordinance and other provisions of this code, or other plans and policies adopted by the city, the Zoning Ordinance shall prevail; excepting the San Joaquin General Plan, which prevails over this chapter.
(Ord. 2021-03, passed 12-7-2021)
§ 154.004 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONMENT. The cessation of the use of the property for a period of one year or more.
ABATEMENT. Eliminating a zoning ordinance violation.
ABUT. To physically touch or border upon; or to share a common property line.
ACCESSORY BUILDING. A structure or building, part of a building, or structure containing no kitchen or bathroom and located upon the same lot or parcel as the principal use or structure. The structure is customary, incidental, appropriate, and subordinate to the use of the principal building, or the principal use of the land. All accessory structures shall be constructed with, or subsequent to, the construction of the principal structure or activation of the principal use.
ACCESSORY DWELLING UNIT (ADU). An attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with an existing primary single-family residence. An ADU must include permanent provisions for living including sleeping, eating, cooking, and sanitation as described in § 154.238 below. An ADU can be located on the same lot as a primary residence and may be an efficiency unit, a traditional stick-built structure, or a manufactured home. An ADU may be attached (to the existing single-family residence) or detached, provided the unit complies with all standards in § 154.238.
ACCESSORY USE. A use naturally and normally incidental to, subordinate to, and devoted exclusively to the principal use of the premises.
ACRE. A land area unit containing 43,560 square feet.
ADDITION. Any construction which increases the size of an existing building such as a porch, attached garage or carport, or new room. An addition is a form of alteration.
ADJACENT. Near, close, or abutting; for example, an industrial zone across a street or highway from a residential zone shall be considered ADJACENT.
ADJOIN. The same as ABUT.
ADULT BUSINESS. Any business establishment or concern that, as a regular and substantial course of conduct, performs or operates as an adult arcade, adult cabaret, adult model studio, adult store, adult theater, or any combination thereof.
ADVERTISING STRUCTURE. Any notice or advertisement, pictorial or otherwise, and all such structures used as an outdoor display, regardless of size or shape, for the purpose of advertising property or the establishment or enterprise, including goods and services which are not located on the same property as said advertising structure.
AESTHETIC. The perception of artistic elements, or elements, in the natural or manmade environment which are pleasing to the eye.
AGRICULTURAL PROCESSING. The refinement, treatment, or conversion of agricultural products. Examples of agricultural processing include, but are not limited to, packing sheds, fruit dehydrators, cold storage houses and hulling operations and the sorting, cleaning, packing, and storing of agricultural products preparatory to sale and/or shipment in their natural form when such products are produced on the premises, including all uses customarily incidental thereto, but not including a slaughter house, fertilizer works, commercial packing or processing plant for the reduction of animal matter or any other use which is similarly objectionable because of odor, smoke, dust, fumes, vibration or danger to life or property.
AGRICULTURAL USE. The tilling of soil, the raising of crops, horticulture, viticulture, aviculture, apiculture, livestock grazing, the raising of small animals and poultry, domestic livestock farming, dairying, and animal husbandry.
AIRPORT. Any area which is customarily used or intended for use for the landing and taking off of aircraft and any appurtenant areas which are used or intended for use for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon.
ALLEY. A public thoroughfare or way not less than ten feet nor more than 20 feet in width, serving as a secondary means of access to abutting property, and which has been deeded or dedicated to the city.
ALTERED. To change or cause a change in character or composition, typically in a comparatively small but significant way.
AMBIENT NOISE. The background sound pressure level at any given location.
AMENDMENT. A change in the working, context, or substance of the Zoning Ordinance, as addition or deletion, or a change in zone boundaries or classifications (zoning district) upon the zoning map which imposes any regulation not theretofore imposed or removes or modifies any such regulation theretofore imposed.
ANIMAL KEEPING. The care and maintenance of animals on private property.
ANNEXED. To have land be incorporated into the City of San Joaquin with a resulting change in the boundaries of the city.
ASSESSOR. The County Assessor of the County of Fresno.
ATTACHED. Two structures which are structurally integrated with each other by supporting members shall be considered attached.
AUTOMOBILE SERVICE STATION.
(1) An occupancy which provides for the retail sale of various types of fuel, such as, but not limited to, gasoline and/or diesel. Painting and body and fender work are excluded except for such uses that are otherwise permitted in the district. Said occupancy may also consist of related sales and services such as:
(a) Retail of sale oil, tires, batteries, and new accessories;
(b) Hand washing, drying, vacuuming, waxing, and polishing of automobiles, pick-up trucks, and vans;
(c) Tire changing and repairing (not including tire recapping);
(d) Battery service, charging and replacement (not including repair and rebuilding);
(e) Radiator cleaning and flushing (not including repair or steam cleaning); and
(f) Installation of minor accessories
(2) In addition, the following operations are permitted if conducted within an enclosed building:
(a) Lubrication of motor vehicles;
(b) Brake adjustment, replacement of brake cylinders and brake fluid lines; and
(c) The testing, adjustment and replacement of carburetors, coils, condensers, distributor caps, fan belts, filters, generators, points, rotors, spark plugs, voltage regulators, fuel pumps, water hoses, or wheel balancing.
BARBED WIRE. Wire for fences or barriers having sharp barbs or points of metal twisted into smooth wire at regular intervals.
BICYCLE PARKING. Fixed or immovable devices or a series of devices which permit nonmotorized bicycles to be stood upright and secured from theft.
BILLBOARD. Any sign containing advertising, not appurtenant to any permitted use, over six square feet in area.
BOARDING HOUSE. A dwelling other than a hotel where lodging and/or meals for three or more persons are provided for compensation.
BUILDING. Any structure having a roof supported by columns or by walls and designed for the housing or enclosure of any person, animal, or chattel.
BUILDING HEIGHT. The vertical distance from the average level of the highest and lowest point of that portion of the lot covered by the building to the topmost point of the roof.
BUILDING, MAIN. A building in which is conducted the principal use of the lot on which it is situated. In any R zone, any dwelling shall be deemed to be a main building on the lot on which the same is situated.
BUILDING OFFICIAL. The individual appointed by the City Administrator to enforce the Building Code and to act as the Code Enforcement Officer for provisions of the Zoning Ordinance.
BUILDING SITE. See LOT.
BUSINESS. The purchase, sale or other transaction involving the handling or disposition (other than that included in the term INDUSTRY as defined herein) of any article, substance or commodity for profit or a livelihood, including in addition, operation of automobile or trailer courts, tourist courts and motels, public garages, office buildings, offices of doctors and other professionals, outdoor advertising signs and structures, public stables, recreational and amusement enterprises conducted for profit, shops for the sale of personal services, places where commodities or services are sold or are offered for sale, either by direct handling of merchandise or by agreements to furnish them, but not including dumps and junkyards.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). A state law which requires local and state agencies to determine the potential environmental impacts of a proposed project.
CARPORT. See GARAGE, PRIVATE.
CERTIFICATE OF OCCUPANCY. A document issued by the Building Official allowing the occupancy or use of a building and certifying that the structure or use has been constructed or will be used in compliance with all the applicable municipal codes and ordinances.
CHANGE IN USE. Any use which substantially differs from the previous use of a building or land. The Director of Planning and Development shall determine whether a change is substantial or not. Change of ownership shall not be considered a change of use.
CHILD-CARE FACILITIES. The building, modifications to buildings, equipment, and any accessory structures, in which there are programs and personnel licensed by the state for direct childcare services including but not limited to shelter, food, education and play opportunities for fewer than 24 hours per day and includes any one of the following types of facilities:
(1) Small family day care home: eight or fewer children;
(2) Large family day care home: eight to 14 children.
(3) Child-care center: more than 12 children.
CHURCH. Means, but shall not necessarily be confined to, any building, structure, or open space where a group of two or more persons, not immediate members of one family only, regularly gathers for purposes of divine worship.
CITY. The City of San Joaquin.
CITY COUNCIL or COUNCIL. The City Council of the City of San Joaquin.
CITY MANAGER. The City Manager of the City of San Joaquin or the designee or designees of the City Manager.
CITY PROPERTY. All real property and improvements owned, operated, or controlled by the city, other than public ROW, within the city's jurisdiction. City property includes, but is not limited to, city offices and owned facilities, streetlights, and traffic lights.
CLUB. An association of persons for some common nonprofit purpose, but not including groups organized primarily to render a service which is customarily carried on as a business.
COLLECTION AGENCY. A company used by lenders or creditors to recover funds that are past due, or from accounts that are in default.
COMMERCIAL DISTRICTS. Those zoning districts with a commercial designation of (C).
COMMISSION. The Planning Commission of the City of San Joaquin.
COMPENSATION. Compensation in money, services, or other things of value.
CONDOMINIUM. An undivided interest in common in a portion of real property coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map, parcel map or condominium plan in sufficient detail to locate all boundaries thereof, and as further defined in Cal. Civil Code § 1351.
CONTIGUOUS. The same as ABUT.
CONVENIENCE STORE. A store for the retail sale of grocery or sundry items to residents of a neighborhood or to highway travelers. CONVENIENCE STORES are not as large as supermarkets (less than 3,500 square feet gross floor area) and generally operate during the late night and early morning hours (10:00 p.m. to 8:00 a.m.). CONVENIENCE STORES may also sell fuel and oil but may not perform any type of automotive service.
CONVERSION. A change in the use of land, structure, or activity.
CONVICTION. A finding of guilty by a jury or court, or a plea of guilty or nolo contendere.
COUNCIL. The City Council of the City of San Joaquin.
COURT. A person or body of persons having judicial authority to hear and resolve disputes in civil, criminal, ecclesiastical, or military cases.
COVENANT. A promise in a written contract or a deed of real property.
COVERAGE. The same as LOT COVERAGE.
CPCN. A "certificate of public convenience and necessity" granted by the CPUC or its duly appointed successor agency pursuant to Cal. Public Utilities Code § 1001 et seq.
CPUC. The California Public Utilities Commission established in the California Constitution, Article XII, § 5, or its duly appointed successor agency.
CUL-DE-SAC. A street or passage closed at one end.
CULTIVATION. When referring to cannabis, means any activity involving the planting, growing, harvesting, drying, curing, grading, storing, or trimming of cannabis.
CUSTOMER. A person 21 years of age or over or a primary caregiver purchasing goods or services from a place of business.
DAY CARE CENTER. An institution that provides supervision and care of infants and young children during the daytime.
DENSITY. The maximum number of dwelling units permitted per specified area of land.
DESIGN STANDARDS. For telecom facilities, means any features of design (as opposed to functional operation) of a telecom facility as set forth in this chapter or as approved by the City Manager or designee, or by the City Council.
DETACHED. Not sharing a common wall or roof.
DEVELOPER. The legal or beneficial owner or owners of a lot or of any land included in a proposed development including the holder of an option or contract to purchase, or other persons having enforceable proprietary interests in such land.
DEVELOPMENT. Any change to unimproved or improved real property including, but not limited to, the placement, construction, reconstruction, conversion, structural alteration, or enlargement of any structure; any mining; excavation; landfill; or land disturbance. Agriculture is not defined as development within this Zoning Ordinance.
DEVELOPMENT STANDARD. Those development requirements of each zoning district or combining district which apply to permitted uses by setting forth minimum requirements or specifications for lot dimensions, setbacks, and height limits; amount of land covered by buildings and structures; animal densities; and parking and signs. A development standard can only be modified by a variance or Zoning Ordinance amendment.
DIRECTOR. The Director of Planning and Development Services of the city or person responsible for Planning and Development Services in the city.
DISTRICT. The same as ZONE or ZONING DISTRICT.
DRAINAGE. Any natural or artificial watercourse, trench, ditch, swale, or similar depression into which surface water flows.
DRIVE-THROUGH CAR WASH. Any occupancy that provides for washing of automobiles through a low noise fully automated car wash facility without vacuum cleaners unless located within a completely enclosed noise attenuated room, and where the customer drives the vehicle into the facility and remains in the car during the wash process. A DRIVE-THROUGH CAR WASH shall only be permitted in conjunction with and subordinated to an automobile service station. It shall not be permitted as a sole or primary use of property in any zoning district.
DRIVE-THROUGH FACILITIES. Drive-through or drive-up facilities. An establishment that sells products or provides services to occupants in vehicles, including drive-in or drive-up windows and drive-through services. Examples include, but are not limited to, fast-food restaurants, banks, dry cleaners, mortuaries, and pharmacies. DRIVE-THROUGH FACILITIES do not include "click and collect" facilities in which an online order is picked up in a stationary retail business without use of a drive-in facility.
DRIVEWAY. Any vehicular access to an off-street parking or loading facility.
DUPLEX. A building containing not more than two kitchens, designed and/or used to house not more than two families living independently of each other, including all necessary employees of each family.
DWELLING. A building or portion thereof designed exclusively for residential occupancy, including one-family, two-family, and multiple dwellings, but not including hotels, clubs, or boarding houses or any institution such as an asylum, hospital, or jail where human beings are housed by reason of illness or under legal restraint.
DWELLING, MULTIPLE. A building, or portion thereof, used, designed, or intended as a residence for three or more families living independently of each other and doing their own cooking in the building, including apartment houses, apartment hotels and flats.
DWELLING, ONE-FAMILY. A building designed and/or used exclusively for occupancy by one family, living independently of any other family.
DWELLING, TWO-FAMILY. A building designed and/or used exclusively for occupancy by two families, living independently of each other. (See also DUPLEX).
DWELLING UNIT. Two or more rooms in a dwelling or an apartment hotel designed for occupancy by one family for living and sleeping purposes and having only one kitchen.
EASEMENT. The right to use the real property of another for a specific purpose.
EAVE. The projecting lower edges of a roof overhanging the wall of a building.
EDUCATIONAL INSTITUTION.
(1) Public and other nonprofit institutions conducting regular academic instruction at kindergarten, elementary, secondary, and collegiate levels and including graduate schools, universities, nonprofit research institutions and religious institutions. Such institutions must either:
(a) Offer general academic instruction equivalent to the standards prescribed by the State Board of Education;
(b) Confer degrees as a college or university of undergraduate or graduate standing;
(c) Conduct research; or
(d) Give religious instruction.
(2) EDUCATIONAL INSTITUTION does not include commercial or trade schools.
EGRESS. A point of vehicle exit from a parking area, lot, garage, or driveway.
EMERGENCY HOUSING (OR SHELTER). Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay as defined and used in Cal. Health and Safety Code § 508019.
ERECTED. Built, built upon, added to, altered, constructed, reconstructed, moved upon, or any physical operation upon the land required for a building.
FAMILY. One or more persons living as a single housekeeping unit in a dwelling unit, including live-in staff. FAMILY shall not include such groups as customarily occupy a hotel, club, fraternity, or sorority house.
FAMILY CARE HOME. A state-authorized, certified, or licensed foster home or group home serving six or fewer mentally disordered or otherwise handicapped persons or dependent and neglected children on a 24-hour a day basis. Pursuant to Cal. Welfare and Institutions Code § 5116 or as hereafter amended, such homes shall be a permitted use in all residential zones.
FARMWORKER HOUSING. Housing with up to 12 units or 36 beds designed for use by a single family or household and which is considered an agricultural use of land per Cal. Health and Safety Code § 17021.6.
FEASIBLE. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account environmental, physical, legal, financial, and technological factors.
FEDERAL. The government of the United States of America.
FENCE, OPEN OR LATTICE TYPE. A fence, 50% or more of the surface of which is open to the passage of air.
FLOOR AREA, GROSS. A development standard defined as the total area of all floors of a building as measured to the surfaces of exterior walls and including corridors, stairways, elevator shafts, attached garages, porches, balconies, basements, and offices.
FLOOR AREA, NET. A development standard defined as the gross floor area excluding vents, shafts, stairs, corridors, attics, equipment rooms, garages, and unenclosed porches and balconies.
FLOOR AREA RATIO. The ratio of gross building floor area to total lot area. Example: two square feet of gross floor area for each three square feet of total lot area would result in a floor area ratio of 2:3.
FOSTER HOME. Any residential facility providing 24-hour care for six or fewer children which is owned, leased, or rented and is the residence of the foster parent or parents, including their family, in whose care the foster children have been placed.
FRONTAGE. That portion of a parcel of property which abuts a public street or approved private street or highway, measured along the future street line as indicated in the General Plan.
GARAGE, PRIVATE. A detached accessory building or portion of a main building for the parking or temporary storage of automobiles of the occupants of the premises.
GARAGE, PUBLIC. A building used for the care, repair, or equipment of automobiles, or where such vehicles are parked or stored for remuneration, hire, or sale.
GARAGE SALE. Any sale, conducted on premises within a residential district upon which is located a dwelling, by any occupant of such dwelling, of any personal property which is owned and has been used by such occupant. The term GARAGE SALE does not include a sale of one or two items of personal property which is not part of a general sale of items of personal property.
GARAGE SPACE. A permanently maintained covered space of not less than 8 x 19 feet for the parking of automobiles off the street. Such space shall be located and arranged for an accessory building and with adequate ingress and egress.
GENERAL PLAN. An integrated, internally consistent, comprehensive, and long-range set of goals and policies for the general physical development of the city and any land outside the city's boundaries which bears relation to the city's planning. The GENERAL PLAN shall include maps that recommend the general locations and types of land uses that are consistent with the goals and policies of the plan. The GENERAL PLAN and its recommendations shall address physical, social, economic, environmental, design, and public service delivery system issues that have a bearing on the growth and change of the city. The GENERAL PLAN shall contain the mandatory elements prescribed by the State Planning and Zoning Law (Title 7, Division 1, commencing with Cal. Gov't Code § 6500), which may be combined when appropriate. The GENERAL PLAN may also include other elements or address any other subject which, in the judgment of the Council, is needed for appropriate physical development of the city. The GENERAL PLAN shall be adopted or amended by resolution of the Council.
GLARE. A harsh dazzling light.
GOVERNMENT FACILITIES. A building or structure owned, operated, or occupied by a governmental agency to provide a governmental service to the public.
GRADE. The gradient, the rate of incline or decline expressed as a percent. For example, a rise of 25 feet in a horizontal distance of 100 feet would be expressed as a grade of 25%.
GROUP HOME. Any building, facility, premises, house, structure, dwelling unit, multiple dwelling unit, apartment house, or portion thereof, at which persons reside in a group occupancy setting, but not including a hotel, motel, fraternity, sorority, rooming and/or boarding house, rest home or family. This facility is generally characterized by the provision of pre-arranged or organized household structure or program. Residents of a facility may also receive medical treatment in addition to any nonmedical supportive services in a residential or congregate care setting, as opposed to a hospital.
GUEST ROOM. A room which is designed to be occupied by one or more guests for sleeping purposes, not including dormitories.
HOME OCCUPATION. The conduct of an art or profession, the offering of a service, the conduct of a business, or the handcraft manufacture of products within a house or garage in a residential district, which use is clearly incidental and secondary to the use of a structure for dwelling purposes and which use does not:
(1) Alter, finish or decorate the dwelling structure externally in such a manner as to change the residential character and appearance of the dwelling;
(2) Display sign on the premises; or
(3) Unreasonably interfere with the quiet enjoyment of the occupant on neighboring property.
HOMEOWNERS ASSOCIATION. A community association which is organized in a development, in which individual owners share common interests in open space or facilities.
HOSPITAL. An institution providing primary health services or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions.
HOTEL. Any building, or portion thereof, containing six or more guest rooms used, designed, or intended to be used, let, or hired out to be occupied or which are occupied as the more or less temporary abiding place of six or more individuals who are lodged with or without meals for compensation, whether the compensation for hire is paid directly or indirectly, and in which no provision is made for cooking in any individual room or suite.
INCIDENTAL. Secondary, accessory and subordinate to another use, structure, or activity.
INDUSTRIAL. Land use characterized by establishments founded in, among others, manufacturing or research and development.
INFRASTRUCTURE. Facilities and services needed to sustain industry, residential, commercial activities, and all other land use activities, including water, sewer lines, and other utilities, streets and roads, communications, and public facilities such as fire stations, parks, schools, and the like.
INGRESS. A point of vehicle entrance to a parking area, lot, garage, or driveway.
INTERIOR LOT. A lot whose front yard abuts a street.
JUNIOR ACCESSORY DWELLING UNIT (JADU). A dwelling unit that is no more than 500 square feet in size and contained entirely within the walls of an existing single-family residence. A JADU must have an exterior entrance separate from the main entrance of the primary residence. A JADU may include separate sanitation facilities or may share sanitation facilities with the primary residence. Further, a JADU must include at least an efficiency kitchen, which includes a cooking facility with appliances and a food preparation counter and storage cabinets.
KITCHEN. Any room in a building or dwelling unit which is used for cooking or preparation of food.
LANDSCAPING. The planting and continued maintenance of suitable plant materials or a combination of plant materials within minimum areas of paving and gravel, and otherwise dust-free. An adequate irrigation system is required.
LATTICE TOWER. A free-standing framework tower used to support one or more antennas, typically with three or four support legs.
LEAST INTRUSIVE. That design or location of telecom facilities which is technically feasible and most closely conforms to local values, including aesthetics, as expressed through the municipal code and applicable design standards. The least intrusive standard balances the national and state interests in personal wireless services with the local interest in orderly, planned development. A least intrusive design may, but is not necessarily required to, include architectural integration, camouflage, pseudo-natural integration or may be a stealth facility.
LOADING AREA. A permanently maintained space of not less than eight x 18 feet located off the street with access for the parking, loading, and unloading of vehicles. Whenever the provisions of this chapter shall require loading space, such space shall be in addition to any required parking space and/or garage space.
LODGE. An order or society of persons organized for some common nonprofit purpose, but not including groups organized primarily to render a service which is customarily carried on as a business.
LOT. Any area or parcel of land held under separate ownership and occupied, or to be occupied, by a main building or by a dwelling group, together with such yards, open spaces, lot width, and lot area as are required by this chapter and having its principal frontage on a public street, road, or highway.
LOT COVERAGE. The portion of the lot that is covered by buildings and structures.
LOT, CORNER. A lot situated at the intersection of two or more intersecting streets.
LOT, CUL-DE-SAC. A lot with at least half of its frontage abutting a cul-de-sac.
LOT, INTERIOR. A lot other than a corner lot.
LOT, REVERSE CORNER. A corner lot which rears upon the side of another lot, whether separated by an alley or not.
LOT, THROUGH. A lot having frontage on two parallel or approximately parallel streets.
LOT DEPTH. The horizontal distance between the front and rear lot lines, measured in the mean direction of the side lot lines.
LOT LINE. The lines bounding a lot.
LOT LINE, FRONT. The property line dividing a lot from a street. On a corner lot the shorter street frontage shall be considered the front lot line.
LOT LINE, REAR. The line opposite the front lot line.
LOT LINE, SIDE. Lot lines other than front lot lines or rear lot lines.
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.
MANUFACTURER. A person that conducts the production, preparation, propagation, or compounding of cannabis products, either directly or indirectly, or by extraction methods, or independently by means of chemical synthesis, at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container, that holds a valid city permit.
MAXIMUM HEIGHT. A development standard which limits the height of buildings and structures.
MAXIMUM LOT COVERAGE. The amount of lot area coverage allowed for buildings and structures.
MICROBREWERY. A limited-production brewery, typically producing specialty beers and often selling its products only locally.
MINIMUM LOT SIZE. A development standard which is the smallest area a lot may be divided into.
MOBILE HOME LOT. A plot of land for placement of a single mobile home within a mobile home park.
MOBILE HOME PARK. An area or tract of land where one or more mobile home lots are rented or leased or held out for rent or lease to accommodate mobile homes used for human habitation.
MONOPOLE. A single freestanding pole used to act as or support an antenna or antenna arrays.
MOTEL. A building, or group of buildings, used for transient residential purposes, containing guest rooms or dwelling units with automobile storage space provided in connection therewith, which building, or group is designed, intended, or used primarily for the accommodation of transient automobile travelers, including groups designated as auto cabins, motor courts, motor hotels, and similar designations.
MULTI-FAMILY DWELLING. A building designed for or occupied by two or more families living independently of each other.
NON-CONFORMING SIGN. Any sign lawfully existing on the effective date of the Zoning Ordinance codified in the Zoning Ordinance or an amendment thereto, which renders such sign non-conforming because it does not conform to all the standards and regulations of the adopted or amended ordinance.
NON-CONFORMING STRUCTURE. A structure that complied with the Zoning Ordinance and development regulations at the time it was built but which, because of subsequent changes to the Zoning Ordinance and/or development regulations, no longer fully complies with those regulations.
NON-CONFORMING USE. A use which lawfully occupied a building or land prior to passage of an ordinance affecting that use, and which does not conform with the use regulations of the zone in which it is located.
NOTICE OF APPEAL. A document which indicates that an applicant for a permit or Zoning Ordinance amendment, or an affected party, wishes to appeal a decision of a planning officer or body of the City of San Joaquin.
OPEN SPACE. As required in the R and PD zones, shall mean area available and accessible to residents for active and passive recreation including landscaped areas, walkways, patios, yards, and recreation facilities. To qualify as OPEN SPACE, an area must have a minimum dimension of ten feet except that balcony may qualify as open space when the minimum dimension is five feet. Parking areas (spaces and driveways) may not be included in open space calculations.
OPEN TO THE PUBLIC. Is a term applied to commercial uses which means available for use by persons other than employees.
OUTDOOR DINING. Any outdoor cafe, sidewalk cafe, eating area or any food service accessory to a restaurant.
OUTDOOR STORAGE. The storage of supplies, materials, products, motor vehicles or other articles outside of a building and left uncovered by roofs or walls. Outdoor storage may be screened.
OWNER. Any of the following: a person with an aggregate ownership interest of 20% or more in the person's business applying for a regulatory permit or permittee, unless the interest is solely a security, lien, or encumbrance; the chief executive officer of a nonprofit or other entity; a member of the board of directors of a nonprofit or other entity; or an individual who will be participating in the direction, control, or management of the person applying for the regulatory permit or permittee.
PARKING AREA. An accessible and usable area on the building site located off the street with access for the parking of automobiles.
PARKING AREA, PRIVATE. An area, other than a street, restricted from general public use and used for the parking of automotive vehicles capable of moving under their own power.
PARKING AREA, PUBLIC. An area, other than a private parking area or street, used for the parking of vehicles capable of moving under their own power, either free or for remuneration.
PARKING SPACE. A permanently maintained space at least nine x 20 feet located off the street with access for the parking of automobiles.
PAWN SHOP. An establishment engaged in retail sales of new or secondhand merchandise and offering loans secured by personal property, and as further defined in Cal. Financial Code § 21000.
PERMIT. Written governmental permission issued by an authorized official, empowering the holder thereof to do some act not forbidden by law, but not allowed without such authorization.
PERSON. Any individual, firm, co-partnership, joint venture, corporation, company, association joint association, or body politic, including any trustee, receiver, syndicate, assignee, or other similar representative thereof.
PLANNED DEVELOPMENT. A large, integrated residential development located on a single building site, or on two or more building sites. In such development, the land and structures shall be planned and developed as a whole in a single development operation or a series of developments in accordance with a master plan.
PREMISES. A lot, parcel, tract, or plot of land together with the buildings and structures thereon.
PRINCIPAL USE. The primary, predominate, or initial use of any lot. For guidance, in an agricultural district, the principal use of the land would be farming or ranching. An accessory use would be the farmhouse.
PROFESSIONAL OFFICES. An office for the conduct of any one of the following uses: accountant, architect, attorney, chiropractor, civil engineer or surveyor's drafting office, collection agency, cosmetologist, dentist, doctor, funeral parlor, insurance, private detective, real estate, social worker, or similar use; but shall not include the following uses: advertiser, barber shop, contractor, pest control, pharmacy, or veterinary.
PROPERTY DEVELOPMENT STANDARDS. Any definitive measurable characteristic or aspect of a development specified by this title, such as but not limited to yard setbacks, parking, building height, space between buildings, lot area and dimensions, defined linear distances such as for signs, spacing requirements, and size of districts.
PROPERTY LINE. The same as LOT LINE.
PROVISIONS. Includes all regulations and requirements referred to in the text of the Zoning Ordinance.
PUBLIC NOTICE. The announcement of a public hearing in a letter or newspaper of general circulation in the area, indicating the time, place, and nature of the public hearing.
PUBLIC RIGHT OF WAY or PROW or PUBLIC ROW. The improved or unimproved surface of and the space above and below a city easement for public utility purposes or transportation access, or similar public way of any nature, dedicated or improved for vehicular, bicycle and/or pedestrian-related use held or managed by city, however acquired.
PUBLIC UTILITY. Production, storage, transmission, switching and recovery facilities for water, sewerage, energy, communications, and other similar utilities owned or operated by a business organization and subject to the jurisdiction of the Public Utilities Commission.
QUASI-PUBLIC. An educational or religious type include public and parochial elementary schools, junior high schools, high schools, and colleges; child day care centers, private nonprofit schools, and colleges; and churches, parsonages, and other religious institutions.
RECREATION, ACTIVE. Leisure time activities, usually of a more formal nature and performed with others, often requiring equipment, and taking place at a prescribed place, site, or field.
RECREATION, PASSIVE. Leisure time activities of a less formal nature (such as bike riding, hiking, or picnicking) and not requiring a prescribed place, site, or field.
RECREATIONAL FACILITIES. Any use or development, either public or private, providing amusements, pleasures, or sport, which is operated or carried on primarily for financial gain, including, but not limited to, bowling alleys, skating rinks, and billiard parlors.
RELIGIOUS FACILITIES. A place of worship is a specially designed structure or consecrated space where individuals or a group of people such as a congregation come to perform acts of devotion, veneration, or religious study.
RENTAL UNIT. A room and bath with a separate entrance.
RESIDENTIAL LOT. A lot containing, or zoned for, one or more dwelling units in a residential district.
RESTRICTION. A limitation on property which may be created in a property deed, lease, or mortgage; through certain zoning district or subdivision regulations; or as a condition of approval of an application for development.
RETAIL SALE. The sale and delivery of cannabis or cannabis products to customers.
RETAIL SHOP. A business of selling goods, wares, or merchandise directly to the ultimate consumer.
REVIEWING AUTHORITY. The individual or official city body (the Director, Council, Commission, or Board) and others as identified in the San Joaquin Municipal Code as having the responsibility and authority to review and approve or deny land use permit applications.
REZONING. The same as ZONE, CHANGE OF.
ROOM. An unsubdivided portion of the interior of a dwelling unit, excluding bathroom, kitchen, closets, hallways, and service porches.
ROOMING HOUSE. See BOARDING HOUSE.
SCHOOL, ELEMENTARY OR HIGH. An institution of learning which offers instruction in several branches of study required to be taught in the public schools by the Cal. Education Code. The term shall include junior high school.
SECOND DWELLING UNIT. Either a detached or attached residential dwelling unit which provides complete independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation within the unit.
SENIOR HOUSING. Any residential accommodation other than a mobile home developed, substantially rehabilitated, or substantially renovated for senior citizens.
SERVICE STATION. The same as a gas station, typically one having the facilities to provide automotive repairs and maintenance.
SETBACK, FRONT YARD. The line which defines the depth of the required front yard.
SETBACK, REAR YARD OR SIDE YARD. The line which defines the width or depth of the required rear or side yard.
SHOPPING CENTER. A group of commercial/retail stores with a common parking area and generally one or more large department, discount, or food stores; sometimes including an enclosed mall or walkway constructed and managed as a total entity with customer and employee parking provided on-site.
SHROUD. An enclosure that covers or shields from public view RRUs and other cell antenna support equipment on a monopole, streetlight, traffic signal, or utility pole.
provision for goods delivery separated from customer access, aesthetic considerations, and protection from the elements.
SIGN. Any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, display, direct, or attract attention to an object, person, institution, organization, business product, service, event, or location by any means, including words, letters, figures, symbols, colors, illumination, or projected images. This definition shall not include official notices issued by a court or public body or officer or directional, warning or information signs or structures required by or authorized by law or by federal, state, or county or city authority.
SIGN, ADVERTISING. The business or enterprise of promotion of the messages of others, usually for a fee or other consideration, in contrast to self-promotion. This term has the same meaning as GENERAL ADVERTISING.
SIGN, FREESTANDING. Any mobile or portable sign, not securely attached to the ground or any other structure.
SINGLE-FAMILY DWELLING. See DWELLING, ONE-FAMILY.
SITE. In general terms, any plot or parcel of land or combination of contiguous lots or parcels of land.
SITE PLAN. A plan, prepared to scale, showing proposed uses and structures for a parcel of land, including such details necessary to illustrate the final proposed use and development.
SITE PLAN REVIEW. A permit process that establishes criteria for the layout, scale, appearance, safety, and environmental impacts of a proposed development to ensure conformance to city standards and criteria.
SORORITY HOUSE. A building or structure housing a group of women associated for their common interest. Such group may eat, sleep, and otherwise use such facilities as are provided on the premises.
SPECIAL EVENT. An establishment or enterprise involving large assemblages of people or automobiles on private land including, but not limited to, a carnival or circus; automobile, boat, or foot race; rodeo; outdoor concert, play or festival involving more than 100 people; professional golf or tennis tournament.
STORAGE. A building that is restricted to 120 square feet maximum. Height shall not exceed ten feet in height at any point, and such buildings shall comply with all other applicable zoning provisions. Such storage buildings may not include plumbing or electricity in their construction.
STORY. The portion of a building including between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between such floor and ceiling next above it.
STREET. A public thoroughfare or road easement not less than 20 feet in width which affords principal means of access to abutting property, but not including an alley.
STREET LINE. The boundary between a street and property.
STREET SIDE. A street bounding a corner lot, adjacent to a sideline of the lot.
STRUCTURAL ALTERATIONS. Any change in the supporting members of a building, such as bearing walls, columns, beams, girders, floor joists, or roof joists, for which a building permit is required.
STRUCTURE. Anything constructed or erected, the use of which requires more or less permanent location on or in the ground or attachment to something having a permanent location on or in the ground, including but not limited to site-built swimming pools, gazebos, carports, patio covers. This definition does not include walls and fences less than three feet six inches in height when located in front yards, or less than six feet in height when located in side or rear yards, or other improvements of a minor character.
STRUCTURE, TEMPORARY. A structure which is readily movable and used or intended to be used for a period not to exceed 90 consecutive days. Such structure shall be subject to all applicable property development standards for the zone in which it is located.
SUPPORTIVE HOUSING. Housing with no limit on length of stay, that is occupied by the target population and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community. Uses meeting this definition shall be permitted, conditionally permitted, or prohibited as similar uses in the same zone.
SWIMMING POOL. Any permanent structure containing a body of water, having a depth of at least 18 inches, intended for recreational uses, and shall include wading pools.
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 Developmental Disabilities Services Act (Division 4.5 (commencing with § 4500) of the Cal. 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 institutional settings, veterans, and homeless people.
TEMPORARY USE. A term applied to certain uses requiring a temporary use permit which are only permitted for a limited time.
TENANT. An occupant of land or premises who occupies, uses, and enjoys real property for a fixed time, usually through a lease arrangement with the property owner and with the owner's consent.
TRAILER. A vehicle without motive power, designed, and constructed to travel on the public thoroughfares in accordance with the provisions of the State Vehicle Code, and to be used for human habitation or for carrying property, including a trailer coach.
TRANSITIONAL HOUSING. Buildings configured as rental housing developments but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance. Uses meeting this definition shall be permitted, conditionally permitted, or prohibited as similar uses in the same zone.
USE. The purpose for which land or premises or a building thereon is designed, arranged, or intended, or for which it is or may be occupied or maintained.
USE TYPE. A category of use acceptable in a specified zoning district, containing specific uses that are similar in nature due to having similar impacts, hours of operation, parking needs, and other development characteristics.
UTILITY TOWER. An open framework structure or steel pole used to support electric transmission facilities.
VARIANCE. Permission to depart from the literal requirements of the Zoning Ordinance.
WATERCOURSE. Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water flows in a definite direction or course, either continuously or intermittently, and has a definite channel, bed, and banks, and includes any area adjacent thereto subject to inundation by reason of overflow or floodwater.
YARD. An open space, other than a court, on the same lot with a building, which open space is unoccupied and unobstructed from the ground upward, except as otherwise permitted in this chapter.
YARD, FRONT. A yard extending across the front of the lot between the inner side yard lines and measured between the front lot line and the nearest line of the main building.
YARD, REAR. A yard extending across the full width of the lot and measured between the rear line of the lot and the nearest line or point of the main building nearest the rear line of the lot.
YARD, SIDE. A yard on each side of a building between the building and the sideline of the lot and extending from the front line to the rear yard.
ZERO LOT LINE. The location of a building on a lot in such a manner that one or more of the building's sides rest directly on a lot line.
ZONE or ZONING DISTRICT. A portion of the city within which certain uses of land and buildings are permitted or prohibited and within which certain yards and other open spaces are required and certain height limited are established for buildings, all as set forth and specified in this chapter.
(Ord. 2021-03, passed 12-7-2021)
§ 154.015 RESPONSIBILITIES OF THE CITY COUNCIL.
The powers and responsibilities of the City Council as the legislative body under this Zoning Ordinance include, but are not limited to the following:
(A) Adopt and amend the zoning map and the text of this chapter, following a public hearing and recommended action by the Planning Commission;
(B) Initiate new plans and the rezoning of property;
(C) Consider and make decisions on land use entitlements;
(D) Hear and decide appeals from decisions of the reviewing authority on conditional use permits, variances, and any other permits that can be appealed; and
(E) When decisions or interpretations of the Planning Commission are appealed, the City Council is the final decision-making body.
(Ord. 2021-03, passed 12-7-2021)
§ 154.016 RESPONSIBILITIES OF THE PLANNING COMMISSION.
The powers and responsibilities of the Planning Commission, as established in § 31.01 of this code, shall include, but are not limited to, the following:
(A) Approve, approve with conditions, or deny an application for a planning permit, including a variance and conditional use permits, or a proposed revocation or modification of a variance or use permit;
(B) Serve as an appellate body for all permit decisions made by the City Manager or City Planner and for all interpretations of the Zoning Ordinance made by the City Manager;
(C) Serve as the original hearing body to recommend approval or denial of the Zoning Ordinance amendments to the City Council. The Planning Commission shall also regularly review development agreements and report their findings and recommendations to the City Council; and
(D) Such other duties and powers as assigned or directed by the City Council.
(Ord. 2021-03, passed 12-7-2021)
§ 154.017 RESPONSIBILITIES OF THE CITY MANAGER.
The powers and responsibilities of the City Manager or designee shall include, but are not limited to the following:
(A) Maintain and administer the provisions of this Zoning Ordinance, zoning map, and all records of zoning actions and interpretations, including the acceptance and processing of applications, abatements, and other enforcement actions;
(B) Prepare and implement rules and procedures necessary for the administration and implementation of the Zoning Ordinance so long as not inconsistent with this chapter;
(C) Review applications for and issue administrative permits;
(D) Review applications for discretionary review and approval under this Zoning Ordinance for conformance with applicable submission requirements.
(E) Review applications for discretionary permits and approvals to make a prelim inary determination as to whether a project is subject to review under the California Environmental Quality Act;
(F) Make recommendations to the Planning Commission and City Council on applications, amendments, appeals, and other matters upon which the Planning Commission and City Council have the authority and the duty to act under this Zoning Ordinance; and
(G) Advise the City Council and Planning Commission on planning matters.
(Ord. 2021-03, passed 12-7-2021)
§ 154.018 PLANNING PERMITS.
(A) Before commencing any work pertaining to the erection, construction, reconstruction, moving, conversion, or alteration of any building, or addition to any building, the appropriate permit or permits shall be secured by any owner or their agent for said work. It shall be unlawful to commence any work until and unless such a permit has been obtained, and further, no such building shall be occupied or used unless a certificate of occupancy and a license for such use, where required, is first obtained from the city.
(B) Permits granted by the city:
(1) Zoning district confirmation letter;
(2) Site plan review;
(3) Discretionary review and approval permit;
(4) Conditional use permit;
(5) Variance permit; and
(6) Temporary use permit.
(Ord. 2021-03, passed 12-7-2021)
§ 154.019 ZONING DISTRICT CONFIRMATION LETTER.
(A) A zoning district confirmation letter may be requested for all buildings and structures hereinafter erected, constructed, altered, or moved within or into any district established by the Zoning Ordinance, or for any use or activity which requires a building permit, to verify that each new or expanded use or structure complies with all applicable requirements of this chapter and with any applicable city policies or standards. No building permit shall be issued until zoning district confirmation has been obtained from the Planning Department, and any other necessary permits required by this Zoning Ordinance have been issued and have become effective.
(B) Applications for a zoning district confirmation letter shall be submitted to the Planning Department and shall be accompanied by a processing fee pursuant to the amount listed in the City's Master Fee Schedule.
(C) The City Manager or designee may request that the zoning district confirmation application be accompanied by a written narrative, operational statement, or other related materials necessary to show that the proposed development complies with all applicable provisions of this chapter.
(Ord. 2021-03, passed 12-7-2021)
§ 154.020 SITE PLAN REVIEW.
(A) Site plan review may be required at the discretion of staff or the Planning Commission as part of any discretionary permit to ensure the proposed development is in conformance with the standards and requirements of the zoning district and policies of the San Joaquin General Plan, appropriate infrastructural improvements are provided, and adverse impacts to adjacent properties are prevented.
(B) The applicant shall submit an electronic copy and three physical copies of the site plan to the Planning Department and shall include a fee pursuant to the amount listed in the San Joaquin Master Fee Schedule. The site plan shall be drawn to scale and shall indicate clearly and with full dimensioning, at a minimum, the following information:
(1) Lot dimensions;
(2) Setbacks;
(3) All buildings and structures: location, elevations, size, height, and proposed use;
(4) Walls and fences: location, height, and materials;
(5) Off-street parking: location, number of spaces and dimensions of parking area, and internal circulation patterns;
(6) Pedestrian, bicycle, and vehicular access;
(7) Signs: location, size, and height;
(8) Loading: location, dimensions, number of spaces, and internal circulation;
(9) Lighting: location and holding devices;
(10) Utilities: location of existing and proposed utilities; and
(11) Demonstrated compliance with all conditions and environmental mitigation measures.
(C) The City Manager or designee may request that the site plans submitted for review be accompanied by a written narrative, operational statement, or other related materials necessary to show that the proposed development complies with all applicable provisions of this chapter.
(Ord. 2021-03, passed 12-7-2021)
§ 154.021 DISCRETIONARY REVIEW AND APPROVAL.
(A) Certain uses allowed in specified San Joaquin zoning districts are permitted only after discretionary review and approval (DRA) by the City Manager or designee. Buildings, structures, and land shall be used, designed, erected, structurally altered, or enlarged for the purposes so listed in the district in which such building or land is located only after review and approval by the city as herein provided, and after applying for and securing all necessary permits and licenses. Such uses shall be subject to all applicable property development standards of the district in which they are to be located.
(B) In addition to those uses permitted subject to DRA for each zoning district, the following uses may be permitted by DRA except where expressly prohibited:
(1) Amateur radio towers which exceed the maximum building height allowed in the district;
(2) Billboards, limited to the MSC or M District, with a sign face area exceeding 75 square feet and/or a height exceeding 18 feet; and
(3) The applicant shall submit an electronic copy and three physical copies of a site plan and a completed DRA permit application form to the planning department. The application submission shall include a filing fee pursuant to the amount listed in the San Joaquin Master Fee Schedule.
(Ord. 2021-03, passed 12-7-2021)
§ 154.022 CONDITIONAL USE PERMITS.
(A) Certain uses allowed in specified San Joaquin zoning districts are permitted only after the granting of a conditional use permit (CUP). Conditional uses require special consideration due to unusual characteristics or potential impacts on surrounding uses.
(B) The applicant shall submit an electronic copy and three physical copies of a site plan, or as determined by the City Manager or designee, and a completed CUP application form to the planning department. The application submission shall include a filing fee as required under the City Master Fee Schedule.
(C) Upon receipt of a CUP application, the city shall first review the application to determine completeness and determine the level of environmental review necessary for the project.
(D) If the application is deemed complete, a tentative date is set for public hearing.
(E) Prior to the public hearing, a staff report, environmental determination, and findings for the use permit shall be made available to the Planning Commission and the public. A CUP may be granted only when all of the following findings are met in reference to the property being considered:
(1) The proposed use will not be contrary to the objectives of the General Plan and any applicable specific plan;
(2) The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Ordinance and all other chapters of the Municipal Code;
(3) The proposed establishment, maintenance, and operation of the use will not be detrimental to the public health, safety, and welfare of the persons residing or working in the neighborhood of such proposed use, nor will it be detrimental to property and improvements in the neighborhood or city;
(4) The CUP has been assessed as required by CEQA; and
(5) The site for the proposed use is adequate in size, shape, and location to accommodate the use as it relates to the zoning district for which the use is proposed.
(F) The Planning Commission may by resolution approve, approve with conditions, or deny an application for renewal of a CUP. The resolution shall describe the findings of the Planning Commission regarding the decision as required above.
(G) Appeals to the Council. Any person may appeal the Planning Commission's decision to the City Council in accordance with the procedure specified in § 154.028. Upon appeal of the Planning Commission's action, the City Council shall hold a new public hearing where it shall review the proceedings held by the Planning Commission and either affirm, deny, or modify the Commission's decision.
(H) A CUP shall expire and become void one year from the date it became effective if the use permitted under the CUP is not operating within that time period, unless a greater time was agreed upon in writing upon permit approval, or a building permit was issued, and construction has commenced prior to the expiration.
(I) A CUP may be renewed for an additional year, or for a lesser or greater time as specified, provided that an application for renewal is filed with the Planning Commission prior to the expiration of the previous CUP. The Planning Commission may by resolution approve, approve with conditions, or deny an application for renewal of a CUP. The resolution shall describe the findings of the Planning Commission regarding the decision.
(Ord. 2021-03, passed 12-7-2021)
§ 154.023 VARIANCES.
(A) Where practical difficulties, unnecessary hardships, and conditions inconsistent with the general purposes of this chapter may result from the strict application of certain provisions thereof, a variance may be granted as provided in this section. A variance is intended to provide a mechanism for relief from the strict application of this chapter where such application will deprive the property owner of privileges or usage enjoyed by similar properties because of the subject property's unique and special conditions.
(B) The granting of any variance and the conditions attached to such grant shall assure that such variance does not constitute a special privilege inconsistent with the limitations on other properties in the vicinity and district in which the property is situated.
(C) In addition to any other application requirements, the application for a variance shall include:
(1) A legal description of the property involved and the proposed use, with plot plans showing locations of all proposed buildings or facilities as well as existing buildings and a description of the proposed use;
(2) A letter of operational statement outlining the cause of applying for variance;
(3) A copy of the original deed or the title report by which the applicant/owner of the subject property holds title or a copy of lease agreement between the applicant and the owner of the subject property; and
(4) A reference to the specific provisions of this chapter from which such property is sought to be excepted.
(D) Variance permit process.
(1) Applicant submits a variance application to the City Manager or designee.
(2) The city determines the level of environmental review necessary for the proposed project.
(3) The application is reviewed by the city for completeness. If the application is deemed complete, a tentative date is set for public hearing.
(4) Public hearing notices are issued at least ten days prior to the public hearing following standard city noticing practices.
(5) Staff prepares a report for presentation to the Planning Commission, including an environmental determination, findings related to the variance, and other planning concerns deemed relevant.
(6) A variance may be granted only when all of the following findings are met in reference to the property being considered:
(a) There are exceptional or special circumstances applicable to the property involved, including the size, shape, topography, location, or surroundings, whereby strict application of the Zoning Ordinance deprives such property of privileges enjoyed to other property in the vicinity having the identical zoning district classification;
(b) The variance has been conditioned to assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated;
(c) The variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property;
(d) The granting of a variance will not be materially detrimental to the public welfare or injurious to property and improvement in the vicinity in which the property is located; and
(e) The granting of such a variance will not be contrary to the objectives of the General Plan.
(f) The Planning Commission shall review the proposed action and hear testimony at the noticed public hearing. At the conclusion of the public hearing, the Planning Commission shall grant the variance with such conditions as it deems necessary or shall deny the variance. In the event of the granting of a variance, the City Manager or designee as directed shall notify the applicant of such granting in writing, and such variance shall be effective upon execution by the applicant of an acceptance thereof and agreement to abide by all the conditions attached thereto.
(E) Appeals to the Council. Any person may appeal the Planning Commission's decision to the City Council in accordance with the procedure specified in § 10.75 of the San Joaquin Municipal Code. Upon appeal of the Planning Commission's action, the City Council shall hold a new public hearing where it shall review the proceedings held by the Planning Commission and either affirm, deny, or modify the Commission's decision.
(Ord. 2021-03, passed 12-7-2021)
§ 154.024 TEMPORARY USE PERMIT.
(A) A temporary use permit may be issued for seasonal or similar short-term special events and sales by the City Manager or designee. If the City Manager determines that the application is subject to review under CEQA and the project does not qualify for an exemption pursuant to state law or CEQA Guidelines, the temporary use permit shall be processed as a conditional use permit application.
(B) The City Manager shall approve, conditionally approve, or deny applications for temporary use permits based on consideration of the requirements of this Zoning Ordinance. The City Manager may refer an application for a temporary use permit to the Planning Commission if the City Manager finds that the temporary use may have substantial and detrimental impacts to surrounding land that warrant Planning Commission review.
(C) The City Manager may approve an application for a temporary use permit, without public notice, upon making the following findings:
(1) The proposed use does not exceed three consecutive days or occur more than once in any given six-month period;
(2) The proposed use will not unreasonably affect adjacent properties, their owners and occupants, or the surrounding neighborhood, and will not in any other way constitute a nuisance or be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the area of such use or to the general welfare of the city; and
(3) The proposed use will not unreasonably interfere with pedestrian or vehicular traffic or circulation in the area surrounding the proposed use and will not create a demand for additional parking that cannot be safely and efficiently accommodated by existing parking areas or a parking management plan.
(D) The City Manager may impose reasonable conditions deemed necessary to ensure compliance with the findings for a temporary use permit including, but not limited to:
(1) Regulation of ingress and egress and traffic circulation; valet or off-site parking;
(2) Fire protection and access for fire vehicles;
(3) Regulation of lighting and noise;
(4) Regulation of hours and/or other characteristics of operation;
(5) Removal of all trash, debris, signs, sign supports, and temporary structures;
(6) Electrical service; and
(7) Time limits.
(E) A temporary use permit for a term period shall not to exceed three months and may be issued for any of the uses for which such permits are required by the Zoning Ordinance.
(Ord. 2021-03, passed 12-7-2021)
§ 154.025 MODIFICATION AND REVOCATION.
(A) Any request to modify a planning permit may be approved by the City Manager or the City Council by amending existing conditions or adding new conditions after following the same procedures as for applying for such permit.
(B) Any planning permit may be revoked if any of the following apply:
(1) Failure to utilize any use permit granted by the city within 12 months after the effective date of issuance unless a written request for extension is submitted to the Planning Commission 30 days prior to the expiration of the permit. The Planning Commission shall review the request at its next regular meeting and may grant or conditionally grant an extension as it deems appropriate;
(2) One or more of the terms or conditions upon which a permit was granted has been violated; or
(3) The use for which the permit was granted is conducted in a manner that is detrimental to the public health, safety, or welfare or that creates a nuisance, after the owner or other person responsible for the operation of the premises has been placed on notice by the city that such conditions exist and has failed to correct the objectional conditions.
(C) The Commission shall hold a hearing prior to the revocation of any use permit. Written notice shall be given at least ten days prior to the hearing to the permittee at the address of the property subject to the permit; or if the property is unimproved, to the address of the owner as shown on the last equalized assessment roll in the office of the Assessor of the County.
(Ord. 2021-03, passed 12-7-2021)
§ 154.026 ZONING ORDINANCE TEXT AND ZONING DISTRICT AMENDMENTS.
(A) Purpose. The purpose of this section is to establish procedures for the amendment of the Zoning Ordinance and zoning districts which includes text and maps.
(B) Initiation of an amendment. An amendment to the San Joaquin Zoning Ordinance may be initiated by any of the following actions:
(1) Council resolution. The filing of a resolution of initiation by the City Council with the Planning Commission.
(2) Planning Commission resolution. The adoption of a resolution of initiation by the Planning Commission.
(3) Planner action. The written action of the City Planner filed in their office.
(4) Application. There shall be filed with the City Planner an application signed by one or more owners of record or their authorized agents, of property which is the subject of the proposed amendment. The names of all records owners of all land involved must be stated.
(C) Public hearing. Whenever a public hearing is required to be set pursuant to divisions (D) or (E) of this section, the City Planner shall set a date for a public hearing on the amendment. The hearing may be continued by the majority of Commission members present. Prior to the conclusion of the meeting in which the proposed amendment is being considered, the presiding Commissioner shall announce the time and place to which the hearing is to be continued. No further public notice shall be required.
(D) Planning Commission decision.
(1) After the close of the public hearing, the Planning Commission shall make a recommendation to the City Council on the proposed amendment. The recommendation shall be made by resolution.
(2) The Planning Department shall transmit the resolution to the City Council containing the Planning Commission's recommendation and their findings and to the applicant. Findings outlined in the resolution shall address consistency with the general plan, its impact on the health, safety and welfare of the community, and its potential impact on the environment. The resolution shall attach the recommended ordinance.
(3) If the Planning Commission recommends denial of the amendment, the decision may be appealed to the City Council. Failure to appeal said recommendation shall make the decision of the Planning Commission final.
(E) City Council hearing. Upon receipt of the recommendation of the Planning Commission, the City Council shall hold a public hearing. If the proposed amendment changes property from one zone to another, and the Planning Commission has recommended against the adoption of said amendment, the City Council need not take any action, unless an interested party appeals the decision within five working days after the Planning Commission action. If the proposed amendment was initiated by the City Council or Planner action, the proposed amendment shall be submitted to the City Council for hearing.
(F) City Council decision. Following a public hearing, the City Council may approve, modify, or deny the recommendation of the Planning Commission. If the determination is to approve a Zoning Ordinance amendment or zoning district amendment, the initial approval will be by introduction of the ordinance followed by adoption of the ordinance at a regular meeting as required by law. Public hearing notices shall be issued as required under this chapter. Any substantive modification of the proposed amendment by the City Council not previously considered by the Planning Commission during its hearing shall be referred back to the Planning Commission for its report and recommendation. The Planning Commission shall not be required to hold a public hearing on the referral
(G) New application. Following the denial of an amendment, no application for the same or substantially the same amendment shall be filed with the city within one year from the date a final decision was rendered unless the denial action was without prejudice.
(H) Mapping. Within 30 working days of a Zoning Ordinance amendment which reclassifies property from one district to another, the City Planner shall indicate the change on the official zoning maps.
(Ord. 2021-03, passed 12-7-2021)
2022 S-11
§ 154.027 NOTICES.
(A) Notice requirements for Zoning Ordinance or zoning district ordinance amendments. Prior to the Planning Commission or City Council hearing on an amendment to or adoption of the ordinance, a notice of the public hearing shall be published one time, in at least one newspaper of general circulation within the jurisdiction of the city at least ten days prior to the hearing.
(B) Notice requirements for permits.
(1) Prior to a hearing on a permit for which a public hearing is required, a notice of hearing shall be given not less than ten days prior to such hearing by publication in a newspaper of general circulation which is distributed in or near, the general area of the property which is affected by the proposed use or variance and by written notice of the hearing mailed or delivered not less than ten days prior to such hearing to the owner of the subject property or the owner's authorized agent, to the project applicant and to owners of surrounding properties as shown on the last equalized assessment roll.
(2) If there is no such newspaper of general circulation, the notice shall be posted at least ten days prior to the hearing in at least three public places within the city.
(3) The newspaper publication and the mailed notices shall include information regarding the date, time and place of the public hearing, the planning body or officer who will consider the permit application and, a general description, in text or by diagram, of the location of the real property that is the subject of the hearing. Surrounding properties shall be defined as those properties that fall within the outer property boundary of the proposed use, variance, zoning or development as follows:
(a) If the subject property is twenty acres or less, notices shall be given to all properties within 300 feet of the property line.
(b) If the subject property is more than 20 acres, notice shall be given to all properties within 700 feet of the property line.
(C) Failure to receive notice. Failure of any person or entity to receive a notice given pursuant this section shall not invalidate any proceedings for amendment to the Zoning Ordinance, nor any permits authorized by Zoning Ordinance.
(Ord. 2021-03, passed 12-7-21)
§ 154.028 APPEALS.
(A) Applicability. Any action by the Director or Planning Commission in the administration or enforcement of the provisions of this code may be appealed in accordance with this section.
(1) Appeals of Director decisions. Decisions of the Director made pursuant to this code may be appealed to the Planning Commission by filing a written appeal with the Director. Appeals may be filed by any person aggrieved by the decision. The appeal shall identify the decision being appealed and shall clearly and concisely state the reasons for the appeal. The appeal shall be signed by the person making the appeal and accompanied by the required fee.
(2) Appeals of Planning Commission decisions. Decisions of the Planning Commission may be appealed to the City Council by any person aggrieved by the decision. Appeals must be initiated by filing a letter with the Director. Such action shall require a statement of reasons for the appeal.
(B) Time limits. Unless otherwise specified in governing state or federal law, all appeals shall be filed with the Director in writing within 15 days of the date of the action, decision, CEQA determination, motion, or resolution from which the action is taken.
(C) Proceedings stayed by appeal. The timely filing of an appeal shall stay all proceedings in the matter appealed including, but not limited to, the issuance of city building permits and business licenses.
(D) (1) Transmission of record. The Director shall schedule the appeal for consideration by the authorized hearing body within 40 days of the date the appeal is filed. The Director shall forward the appeal, a copy of the decision or action relating to the appeal, and all other documents that constitute the record to the decision making body hearing the appeal. The Director shall also prepare a staff report. The Director, at their discretion, may include a recommendation for action.
(2) Withdrawal. Any person who files an appeal of any decision rendered under any of the procedures included in this section may withdraw their appeal in accordance with the following rules:
(a) All withdrawals shall be in writing and signed by all persons who signed the appeal;
(b) Any appeal may be withdrawn by the appellant prior to the giving of the notice of hearing on appeal with the consent of the Director, who shall have the discretion to withhold such consent if the Director is of the opinion that such withdrawal might act to deprive other interested persons of an opportunity to oppose the action appealed from;
(c) The body appealed to may permit the withdrawal of an appeal at any time prior to rendering a decision upon the merits of the appeal;
(d) Any withdrawal effectively made pursuant to the above rules shall be an abandonment of the appeal and the decision appealed from shall be reinstated as though no appeal had been made; and
(e) Refunds shall not be issued for the withdrawal of appeals.
(E) Public notice and hearing. Public notice shall be provided, and the hearing conducted by the applicable appeal body.
(F) Hearing procedures. Notice of the hearing shall also be given to the applicant and party filing the appeal and any other interested person who has filed with the City Clerk a written request for such notice.
(Ord. 2021-03, passed 12-7-2021)
§ 154.029 ACTION.
An action to grant an appeal shall require a majority vote of the membership of the appellate body. A tie vote shall have the effect of rejecting the appeal.
(Ord. 2021-03, passed 12-7-2021)
§ 154.030 EFFECT OF COUNCIL DECISION.
Unless otherwise provided in the Code, the Council decision shall be final and effective and subject to a writ under Cal. Code of Civil Procedure § 1094.5 or CEQA section 1085 immediately upon final Council action.
(Ord. 2021-03, passed 12-7-2021)
§ 154.031 FEES.
The rates and fees for the following zoning related activities, permits, and violations shall be set in the Master Fee Schedule as adopted by the City Council:
(A) Planning permits;
(B) Zoning district confirmation letters;
(C) Site plan reviews;
(D) Director review and approvals;
(E) Conditional use permit;
(F) Variance;
(G) Temporary use permit;
(H) Modification and revocation;
(I) Zoning Ordinance text and zoning district amendments; and
(J) Appeals.
(Ord. 2021-03, passed 12-7-2021)
§ 154.040 ZONING DISTRICTS.
(A) R-l Single-Family Residential District.
(B) R-2 Multi-Family Residential District.
(C) R-3 Multi-Family Residential District.
(D) R-4 Multi-Family Residential Zoning District.
(E) OS Resource Conservation and Open Space District.
(F) PSP Public/Semi-Public Facilities District.
(G) C Commercial District.
(H) C-MS Main Street Commercial District.
(I) M Manufacturing District.
(Ord. 2021-03, passed 12-7-2021)
§ 154.041 ZONING DISTRICT BOUNDARIES.
(A) The boundaries of the zoning districts are shown on the official zoning map. The zoning map, together with all legends, symbols, notations, references, zoning district boundaries, and other information on the map adopted by the Council, are hereby incorporated into this code by reference.
(B) Whenever uncertainty exists as to the boundaries of a district shown on the zoning map, the following regulations shall apply:
(1) Where a boundary line is indicated as following a lot or property line, it shall be construed as coinciding with the property ownership line.
(2) Where zone boundaries are indicated as a street, alley, railroad right-of-way, canal or other watercourse, the centerline of such shall be considered to be the boundary line.
(3) In the event of abandonment of any street, alley, or right-of-way, the property shall immediately become classified in the same district as the property adjoining the former street, alley, or right-of-way.
(4) In un-subdivided property or where the zone boundary line divides a lot, the location of such boundary, unless the same is indicated by specific dimensions, shall be determined by the GIS mapping as provided by the authoritative agency.
(5) If further uncertainty exists, the Planning Commission shall determine the boundary line in question.
(C) Before property is annexed to the city it shall be pre-zoned to a district that is consistent with the General Plan. If a general plan land use designation has not been placed upon the property, a general plan amendment will be required to establish a land use designation for the property before the property can be pre-zoned and annexed to the city.
(Ord. 2021-03, passed 12-7-2021)
§ 154.050 PURPOSE.
The purpose of this zoning district is to provide for residential areas within the city that allow varying densities of single-family homes and other uses compatible with the R-l district. This district shall promote a suitable living environment by maintaining orderly flow of residential traffic and restricting traffic from other sources, providing space for community facilities complementary to residential areas, and minimizing noise and disturbances in residential neighborhoods.
(Ord. 2021-03, passed 12-7-2021)
§ 154.051 PERMITTED USES.
(A) The following table sets forth the permits required for each listed use category.
(1) "P" designates permitted uses;
(2) "DRA" designates uses that are permitted after review and approval of a discretionary review and approval process;
(3) "CUP" designates uses that are permitted after review and approval of a conditional use permit; and
(4) "—" designates prohibited uses.
(B) In cases where a specific land use or activity is not listed as a permitted use either directly or indirectly, the City Manager or designee may assign the land use or activity to a classification by following the procedures below:
(1) The applicant shall provide a detailed operational statement that, at a minimum, provides:
(a) A clear definition of the use and a thorough explanation that outlines how the proposed use is similar to other uses already identified in the code;
(b) A minimum of three examples how other similar communities administer the proposed use; and
(c) Local land use examples, including photographs of how the proposed use is similar to other listed uses.
(2) Alternatively, the Director may require a text amendment.
(3) Required findings. In classifying an unlisted use, the Director shall first make a finding that all of the following conditions exist:
(a) The subject use and its operation are compatible with the uses permitted in the district where it is proposed to be allowed;
(b) The subject use is similar to other uses permitted in the district within which it is proposed to be allowed;
(c) The subject use will not cause substantial injury to the value of the property in neighborhoods or districts within which it is likely to be located; and
(d) The subject use will be so controlled that the public health, safety, and general welfare will be protected.
(C) Use classifications not listed in the table or not found to be substantially similar to the uses below are not permitted.
Use Types | R-1 | Special Requirements (if any) |
Use Types | R-1 | Special Requirements (if any) |
Cemeteries, crematories, or mausoleums | — | |
Commercial vegetation and crop production | — | Excludes home gardening and edible landscaping incidental to the residential use. |
Community gathering facilities | CUP | Includes social halls, clubs, and lodges. |
Cottage food operations | P | As regulated by state law. |
Daycare, small | P | Eight or fewer children, as regulated by state law. |
Facilities which provide housing for six or fewer unrelated persons | DRA | |
Facilities which provide housing for more than six unrelated persons | CUP | |
Farmworker housing, single-family | P | See definition in § 154.305. |
Home occupations | DRA | See § 154.190et seq. |
Industrial uses | — | |
Overnight accommodations | CUP | Includes boarding houses and short-term rentals. |
Parks and playgrounds | P | |
Professional offices | — | |
Religious facilities | CUP | Includes churches, temples, and mosques. |
Residential structures – single unit dwelling, detached or attached | P | Includes accessory dwelling units and junior accessory dwelling units per § 154.235et seq. |
Residential accessory buildings | P | Includes storage or garage structures. |
Small animal keeping | P | |
Utility or communications facilities and infrastructure | DRA | |
(Ord. 2021-03, passed 12-7-2021)
§ 154.052 DEVELOPMENT STANDARDS.
Development standards for the R-l Zoning District shall be as follows:
Development Standard | Regulation | Comments or Special Requirements |
Development Standard | Regulation | Comments or Special Requirements |
Maximum lot coverage | 45% | |
Minimum lot size | Interior lots: 6,000 sq. ft. | |
Corner lots: 6,500 sq. ft. | ||
Minimum lot dimensions | Depth: 100 ft. | Exceptions may be made for cul-de-sac and corner lots or other non-standard circumstances. |
Width: 60 ft. | ||
Maximum building height | Main building: 35 ft. | |
Accessory building: 12 ft. | ||
Garage or carport: 15 ft. | ||
Minimum yard setbacks | Front yard: 20 feet | Side yard, zero lot line: zero lot line development shall be allowed with a ten-foot setback on the adjoining lot. |
Side yard: Interior lot: five ft. Corner lot, interior side: five ft. Corner lot, street side: ten ft. Reverse corner lot: 15 ft. | ||
Rear yard: 15 ft. | ||
Minimum space between buildings | Between two buildings of residential use: ten feet | |
Between any main building and all non-habitable accessory buildings: six feet | ||
(Ord. 2021-03, passed 12-7-2021)
§ 154.060 PURPOSE.
The purpose of the R-2 Multi-Family Residential Zoning District is to provide for a multiple-family residential district that meets the goals of the San Joaquin Housing Element, do not conflict with surrounding residential uses, and do not over burden local streets and services. The purpose and location of the R-2 Zoning District is based on the policies and objectives outlined in the San Joaquin General Plan and the zoning map.
(Ord. 2021-03, passed 12-7-2021)
§ 154.061 PERMITTED USES.
(A) The following table sets forth the permits required for each listed use category:
(1) "P" designates permitted uses;
(2) "DRA” designates uses that are permitted after review and approval of a discretionary review and approval process;
(3) "CUP" designates uses that are permitted after review and approval of a conditional use permit; and
(4) "—" designates prohibited uses.
(B) In cases where a specific land use or activity is not listed as a permitted use either directly or indirectly, the City Manager or designee may assign the land use or activity to a classification by following the procedures below:
(1) The applicant shall provide a detailed operational statement that, at a minimum, provides:
(a) A clear definition of the use and a thorough explanation that outlines how the proposed use is similar to other uses already identified in the code;
(b) A minimum of three examples how other similar communities administer the proposed use; and
(c) Local land use examples, including photographs of how the proposed use is similar to other listed uses.
(2) Alternatively, the Director may require a text amendment.
(3) Required findings. In classifying an unlisted use, the Director shall first make a finding that all of the following conditions exist:
(a) The subject use and its operation are compatible with the uses permitted in the district where it is proposed to be allowed;
(b) The subject use is similar to other uses permitted in the district within which it is proposed to be allowed;
(c) The subject use will not cause substantial injury to the value of the property in neighborhoods or districts within which it is likely to be located; and
(d) The subject use will be so controlled that the public health, safety, and general welfare will be protected.
(C) Use classifications not listed in the table or not found to be substantially similar to the uses below are not permitted.
Use Types | R-2 | Special Requirements (if any) |
Use Types | R-2 | Special Requirements (if any) |
Cemeteries, crematories, or mausoleums | — | |
Commercial vegetation and crop production | — | Excludes home gardening incidental to the residential use. |
Community gathering facilities | CUP | Includes social halls, clubs, and lodges. |
Daycare, small | P | Eight or fewer children, as regulated by state law. |
Daycare, large | CUP | Eight to 14 children, as regulated by state law. |
Facilities which provide housing for six or fewer unrelated persons | DRA | |
Facilities which provide housing for six or more unrelated persons | CUP | |
Farmworker housing | P | |
Home occupations | DRA | See § 154.190et seq. |
Industrial uses | — | |
Manufactured homes | P | |
Overnight accommodations | CUP | Includes boarding houses and short-term rentals. |
Parks and playgrounds | P | |
Religious facilities | CUP | Includes churches, temples, and mosques. |
Residential structures, single-family or multi-family | DRA | Includes accessory dwelling units and junior accessory dwelling units per § 154.235et seq. |
Residential accessory buildings | P | Includes storage or garage structures. |
Utility or communications facilities and infrastructure | DRA | |
(Ord. 2021-03, passed 12-7-2021)
§ 154.062 DEVELOPMENT STANDARDS.
Development standards for the R-2 Zoning District shall be as follows:
Development Standard | Regulation | Comments or Special Requirements |
Development Standard | Regulation | Comments or Special Requirements |
Maximum lot coverage | 60% | |
Minimum lot size | Interior lots: 3,000 sq. ft. | |
Corner lots: 3,500 sq. ft. | ||
Minimum lot dimensions | Depth: 75 ft. | Exceptions may be made for cul-de-sac and corner lots or other non-standard circumstances. |
Width: 40 ft. | ||
Maximum building height | Main building: 35 ft. | |
Accessory building: 12 ft. | ||
Garage or carport: 15 ft. | ||
Minimum yard setbacks | Front yard: 20 ft. | Side yard, zero lot line: zero lot line development shall be allowed with a ten-foot setback on the adjoining lot. |
Side yard: Interior lot: five ft. Corner lot, interior side: five ft. Corner lot, street side: ten ft. Reverse corner lot: 15 ft. | ||
Rear yard: 15 ft. | ||
Minimum space between buildings | Between two buildings of residential use: ten feet | |
Between any main building and all non-habitable accessory buildings: six feet | ||
(Ord. 2021-03, passed 12-7-2021)
§ 154.070 PURPOSE.
The purpose of the R-3 Multi-Family Residential Zoning District is to provide for a range of multiple family residential densities that meet the goals of the San Joaquin Housing Element, do not conflict with surrounding residential uses, and do not over burden local streets and services. The purpose and location of the R-3 Zoning District is based on the policies and objectives outlined in the San Joaquin General Plan and the zoning map.
§ 154.071 PERMITTED USES.
(A) The following table sets forth the permits required for each listed use category:
(1) "P" designates permitted uses;
(2) "SPR" designates site plan review is required;
(3) "DRA" designates uses that are permitted after review and approval of a discretionary review and approval process;
(4) "CUP" designates uses that are permitted after review and approval of a conditional use permit; and
(5) "—" designates prohibited uses.
(B) In cases where a specific land use or activity is not listed as a permitted use either directly or indirectly, the City Manager or designee may assign the land use or activity to a classification by following the procedures below:
(1) The applicant shall provide a detailed operational statement that, at a minimum, provides:
(a) A clear definition of the use and a thorough explanation that outlines how the proposed use is similar to other uses already identified in the code;
(b) A minimum of three examples how other similar communities administer the proposed use; and
(c) Local land use examples, including photographs of how the proposed use is similar to other listed uses.
(2) Alternatively, the Director may require a text amendment.
(3) Required findings. In classifying an unlisted use, the Director shall first make a finding that all of the following conditions exist:
(a) The subject use and its operation are compatible with the uses permitted in the district where it is proposed to be allowed;
(b) The subject use is similar to other uses permitted in the district within which it is proposed to be allowed;
(c) The subject use will not cause substantial injury to the value of the property in neighborhoods or districts within which it is likely to be located; and
(d) The subject use will be so controlled that the public health, safety, and general welfare will be protected.
(C) Use classifications not listed in the table or not found to be substantially similar to the uses below are not permitted.
Use Types | R-3 | Special Requirements (if any) |
Use Types | R-3 | Special Requirements (if any) |
Cemeteries, crematories, or mausoleums | — | |
Commercial vegetation and crop production | — | Excludes home gardening and edible landscaping incidental to the residential use. |
Community gathering facilities | CUP | Includes social halls, clubs, and lodges. |
Daycare, small | P | Eight or fewer children, as regulated by state law. |
Daycare, large | CUP | Eight to 14 children, as regulated by state law. |
Facilities which provide housing for six or fewer unrelated persons | DRA | |
Facilities which provide housing for six or more unrelated persons | CUP | |
Farmworker housing | P | |
Home occupations | DRA | See § 154.190et seq. |
Industrial uses | — | |
Manufactured homes | P | |
Overnight accommodations | CUP | Includes hotels, motels, boarding houses and short-term rentals. |
Parks and playgrounds | P | |
Religious facilities | CUP | Includes churches, temples, and mosques. |
Residential structures, up to ten units | P | Includes accessory dwelling units and junior accessory dwelling units per § 154.235et seq. |
Residential structures, more than ten units | P | Allowed through a site plan review process as described in § 154.020. |
Residential accessory buildings | P | Includes storage or garage structures. |
Utility or communications facilities and infrastructure | DRA | |
§ 154.072 DEVELOPMENT STANDARDS.
Development standards for the R-3 Zoning District shall be as follows:
Development Standard | Regulation | Comments or Special Requirements |
Development Standard | Regulation | Comments or Special Requirements |
Maximum lot coverage | 60% | |
Minimum density | Ten to 20 units per acre | |
Lot dimensions | Two to one ratio | Exceptions may be made for cul-de-sac and corner lots or other non-standard circumstances. |
Maximum building height | Main building: 35 ft. | |
Accessory building: 12 ft. | ||
Garage or carport: 15 ft. | ||
Minimum yard setbacks | Front yard: Set by DRA | Side yard, zero lot line: zero lot line development shall be allowed with a ten-foot setback on the adjoining lot. |
Side yard: Interior lot: five ft. Corner lot, interior side: five ft. Corner lot, street side: ten ft. Reverse corner lot: 15 ft. | ||
Rear yard: 15 ft. | ||
Minimum space between buildings | Between two buildings of residential use: ten ft. | |
Between any main building and all non-inhabitable accessory buildings: six ft. | ||
(Ord. 2021-03, passed 12-7-2021)
§ 154.080 PURPOSE.
The purpose of the R-4 Multi-Family Residential Zoning District is to provide for a range of multiple family residential densities that meet the goals of the San Joaquin Housing Element, do not conflict with surrounding residential uses, and do not over burden local streets and services. The purpose and location of the R-4 Zoning District is based on the policies and objectives outlined in the San Joaquin General Plan and the zoning map.
(Ord. 2021-03, passed 12-7-2021)
§ 154.081 PERMITTED USES.
(A) The following table sets forth the permits required for each listed use category:
(1) "P" designates permitted uses;
(2) "DRA" designates uses that are permitted after review and approval of a discretionary review and approval process;
(3) "CUP" designates uses that are permitted after review and approval of a conditional use permit; and
(4) "—" designates prohibited uses.
(B) In cases where a specific land use or activity is not listed as a permitted use either directly or indirectly, the City Manager or designee may assign the land use or activity to a classification by following the procedures below:
(1) The applicant shall provide a detailed operational statement that, at a minimum, provides:
(a) A clear definition of the use and a thorough explanation that outlines how the proposed use is similar to other uses already identified in the code;
(b) A minimum of three examples how other similar communities administer the proposed use; and
(c) Local land use examples, including photographs of how the proposed use is similar to other listed uses.
(2) Alternatively, the Director may require a text amendment.
(3) Required findings. In classifying an unlisted use, the Director shall first make a finding that all of the following conditions exist:
(a) The subject use and its operation are compatible with the uses permitted in the district where it is proposed to be allowed;
(b) The subject use is similar to other uses permitted in the district within which it is proposed to be allowed;
(c) The subject use will not cause substantial injury to the value of the property in neighborhoods or districts within which it is likely to be located; and
(d) The subject use will be so controlled that the public health, safety, and general welfare will be protected.
(C) Use classifications not listed in the table or not found to be substantially similar to the uses below are not permitted.
Use Types | R-4 | Special Requirements (if any) |
Use Types | R-4 | Special Requirements (if any) |
Cemeteries, crematories, or mausoleums | — | |
Commercial vegetation and crop production | — | Excludes home gardening and edible landscaping incidental to the residential use. |
Community gathering facilities | CUP | Includes social halls, clubs, and lodges. |
Daycare, small | P | Eight or fewer children, as regulated by state law. |
Daycare, large | CUP | Eight to 14 children, as regulated by state law. |
Facilities which provide housing for six or fewer unrelated persons | DRA | |
Facilities which provide housing for six or more unrelated persons | CUP | |
Farmworker housing | P | |
Home occupations | DRA | See § 154.190et seq. |
Industrial uses | — | |
Manufactured homes | P | |
Overnight accommodations | CUP | Includes hotels, motels, boarding houses and short-term rentals. |
Parks and playgrounds | P | |
Religious facilities | CUP | Includes churches, temples, and mosques. |
Residential structures, single-family | — | Includes accessory dwelling units and junior accessory dwelling units per § 154.235et seq. |
Residential structures, multi-family | DRA | |
Residential accessory buildings | P | Includes storage or garage structures. |
Utility or communications facilities and infrastructure | DRA | |
(Ord. 2021-03, passed 12-7-2021)
§ 154.082 DEVELOPMENT STANDARDS.
Development standards for the R-4 Zoning District shall be as follows:
Development Standard | Regulation | Comments or Special Requirements |
Development Standard | Regulation | Comments or Special Requirements |
Maximum lot coverage | 60% | |
Minimum density | 20 to 30 units per acre | |
Lot dimensions | Two-to-one ratio | Exceptions may be made for cul-de-sac and corner lots or other non-standard circumstances. |
Maximum building height | Main building: 45 ft. | |
Accessory building: 12 ft. | ||
Garage or carport: 15 ft. | ||
Minimum yard setbacks | Front yard: Set by DRA | Side yard, zero lot line: zero lot line development shall be allowed with a ten-foot setback on the adjoining lot. |
Side yard: Interior lot: five ft. Corner lot, interior side: five ft. Corner lot, street side: ten ft. Reverse corner lot: 15 ft. | ||
Rear yard: 15 ft. | ||
Minimum space between buildings | Between two buildings of residential use: ten ft. | |
Between any main building and all non-inhabitable accessory buildings: six ft. | ||
(Ord. 2021-03, passed 12-7-2021)
§ 154.090 PURPOSE.
The purpose of the Resource Conservation and Open Space (OS) Zoning District is to provide for permanent undeveloped open space areas which serve as natural resource areas, utility or infrastructure systems, or reservoirs or retaining basins, and to prevent development of areas which are environmentally sensitive or hazardous.
(Ord. 2021-03, passed 12-7-2021)
§ 154.091 PERMITTED USES.
(A) The following table sets forth the permits required for each listed use category:
(1) "P" designates permitted uses;
(2) "DRA" designates uses that are permitted after review and approval of a discretionary review and approval process;
(3) "CUP" designates uses that are permitted after review and approval of a conditional use permit; and
(4) "—" designates prohibited uses.
(B) In cases where a specific land use or activity is not listed as a permitted use either directly or indirectly, the City Manager or designee may assign the land use or activity to a classification by following the procedures below:
(1) The applicant shall provide a detailed operational statement that, at a minimum, provides:
(a) A clear definition of the use and a thorough explanation that outlines how the proposed use is similar to other uses already identified in the code;
(b) A minimum of three examples how other similar communities administer the proposed use; and
(c) Local land use examples, including photographs of how the proposed use is similar to other listed uses.
(2) Alternatively, the Director may require a text amendment.
(3) Required findings. In classifying an unlisted use, the Director shall first make a finding that all of the following conditions exist:
(a) The subject use and its operation are compatible with the uses permitted in the district where it is proposed to be allowed;
(b) The subject use is similar to other uses permitted in the district within which it is proposed to be allowed;
(c) The subject use will not cause substantial injury to the value of the property in neighborhoods or districts within which it is likely to be located; and
(d) The subject use will be so controlled that the public health, safety, and general welfare will be protected.
(C) Use classifications not listed in the table or not found to be substantially similar to the uses below are not permitted.
Use Types | OS | Special Requirements (if any) |
Agricultural, no on-site residence | CUP | |
Canals, channels, and retaining basins | P | |
Community gardens | DRA | |
Utility and communication facilities | CUP | |
Trails | P | |
Wetlands, wildlife habitat, and reservoirs | P |
(Ord. 2021-03, passed 12-7-2021)
§ 154.092 DEVELOPMENT STANDARDS.
Development standards for the OS Zoning District shall be as follows:
Development Standard | Regulation | Comments |
Maximum building height | 16 ft. | |
Minimum yard setbacks | Front yard: 15 ft. | |
Side yard: Interior lot: five ft. Corner lot, interior side: five ft. Corner lot, street side: ten ft. Reverse corner lot: ten ft. | ||
Rear yard: 15 ft. |
(Ord. 2021-03, passed 12-7-2021)
§ 154.100 PURPOSE.
The Public/Semi-Public Facilities (PSP) Zoning District is intended to provide areas for public facilities such as government facilities, recreation areas, plazas, utilities, educational and health services, and similar uses.
(Ord. 2021-03, passed 12-7-2021)
§ 154.101 PERMITTED USES.
(A) The following table sets forth the permits required for each listed use category:
(1) "P" designates allowed uses;
(2) "DRA" designates uses that are permitted after review and approval of a discretionary review and approval process;
(3) "CUP" designates uses that are permitted after review and approval of a conditional use permit; and
(4) "—" designates prohibited uses.
(B) In cases where a specific land use or activity is not listed as a permitted use either directly or indirectly, the City Manager or designee may assign the land use or activity to a classification by following the procedures below:
(1) The applicant shall provide a detailed operational statement that, at a minimum, provides:
(a) A clear definition of the use and a thorough explanation that outlines how the proposed use is similar to other uses already identified in the code;
(b) A minimum of three examples how other similar communities administer the proposed use; and
(c) Local land use examples, including photographs of how the proposed use is similar to other listed uses.
(2) Alternatively, the Director may require a text amendment.
(3) Required findings. In classifying an unlisted use, the Director shall first make a finding that all of the following conditions exist:
(a) The subject use and its operation are compatible with the uses permitted in the district where it is proposed to be allowed;
(b) The subject use is similar to other uses permitted in the district within which it is proposed to be allowed;
(c) The subject use will not cause substantial injury to the value of the property in neighborhoods or districts within which it is likely to be located; and
(d) The subject use will be so controlled that the public health, safety, and general welfare will be protected.
(C) Use classifications not listed in the table or not found to be substantially similar to the uses below are not permitted.
Use Types | PSP | Special Requirements (if any) |
Use Types | PSP | Special Requirements (if any) |
Community centers and assembly spaces, up to 5,000 sq. ft. | DRA | |
Community centers and assembly spaces, over 5,000 sq. ft. | CUP | |
Medical facilities | DRA | |
Parks and playgrounds | P | |
Trails | P | |
Plazas, squares, and courtyards | P | |
Schools and educational facilities | DRA | |
(Ord. 2021-03, passed 12-7-2021)
2022 S-11
§ 154.102 DEVELOPMENT STANDARDS.
Development standards for the PSP Zoning District shall be as follows:
Development Standard | Regulation | Comments |
Maximum lot coverage | 60% | |
Maximum building height | 35 ft. | Additional height for structures related to recreational or public facilities such as light standards, nets, and fences may be approved with a DRA permit. |
Minimum yard setbacks | Front yard: 20 ft. | Up to a zero front yard setback is allowed through a DRA. If adjacent to a residential zone, a side yard setback of 20 ft. is required. A lesser setback may be allowed with a DRA. |
Side yard: Interior side: 15 ft. Street side: 20 ft. | ||
Rear yard: 15 ft. |
(Ord. 2021-03, passed 12-7-2021)
§ 154.110 PURPOSE.
The purpose of the Commercial (C) Zoning District is to provide sites for a full range of convenient retail and service uses needed to accommodate San Joaquin residents and visitors.
(Ord. 2021-03, passed 12-7-2021)
§ 154.111 PERMITTED USES.
(A) The following table sets forth the permits required for each listed use category:
(1) "P" designates allowed uses;
(2) "DRA" designates uses that are permitted after review and approval of a discretionary review and approval process;
(3) "CUP" designates uses that are permitted after review and approval of a conditional use permit; and
(4) "—" designates prohibited uses.
(B) In cases where a specific land use or activity is not listed as a permitted use either directly or indirectly, the City Manager or designee may assign the land use or activity to a classification by following the procedures below:
(1) The applicant shall provide a detailed operational statement that, at a minimum, provides:
(a) A clear definition of the use and a thorough explanation that outlines how the proposed use is similar to other uses already identified in the code;
(b) A minimum of three examples how other similar communities administer the proposed use; and
2022 S-11
(c) Local land use examples, including photographs of how the proposed use is similar to other listed uses.
(2) Alternatively, the Director may require a text amendment.
(3) Required findings. In classifying an unlisted use, the Director shall first make a finding that all of the following conditions exist:
(a) The subject use and its operation are compatible with the uses permitted in the district where it is proposed to be allowed;
(b) The subject use is similar to other uses permitted in the district within which it is proposed to be allowed;
(c) The subject use will not cause substantial injury to the value of the property in neighborhoods or districts within which it is likely to be located; and
(d) The subject use will be so controlled that the public health, safety, and general welfare will be protected.
(C) Use classifications not listed in the table or not found to be substantially similar to the uses below are not permitted.
Use Types | C | Special Requirements (if any) |
Use Types | C | Special Requirements (if any) |
Automobile part and supply stores | P | |
Automobile dealerships and service stations | CUP | |
Cannabis dispensaries and testing facilities | CUP | |
Car wash and detail services | CUP | |
Convenience and food stores under 3,000 sq. ft. | P | |
Drive through facilities | CUP | |
General merchandise stores | P | |
Government facilities and offices | DRA | |
Gun and ammo sales | DRA | |
Eating and drinking establishments | P | |
Food and beverage sales | P | |
Home goods and hardware stores | P | |
On-site and off-site sales of beer, wine, and liquor | CUP | Includes microbrewery and micro-distilleries. |
Personal services | P | |
Pawn shops | DRA | |
Pharmacies and drug stores | P | |
Religious institutions | DRA | |
Retail shops and boutiques | P | |
(Ord. 2021-03, passed 12-7-2021)
§ 154.112 DEVELOPMENT STANDARDS.
Development standards for the C Zoning District shall be as follows:
Development Standard | Regulation | Comments |
Maximum lot size | 5,000 sq. ft. | There shall be no minimum lot size for existing parcels. |
Maximum building height | 35 ft. | Structures up to 50 ft. may be permitted with a conditional use permit. |
Minimum yard setbacks | Front yard: none | When adjacent to a residential use, the adjacent setback shall be 15 ft. |
Side yard: Interior side: none Street side: none | ||
Rear yard: none |
(Ord. 2021-03, passed 12-7-2021)
§ 154.120 PURPOSE.
The Main Street Commercial (C-MS) Zoning District is intended to promote small-scale, destination-oriented commercial uses and achieve a "Main Street" character.
(Ord. 2021-03, passed 12-7-2021)
§ 154.121 PERMITTED USES.
(A) The following table sets forth the permits required for each listed use category:
(1) "P" designates allowed uses;
(2) "DRA" designates uses that are permitted after review and approval of a discretionary review and approval process;
(3) "CUP" designates uses that are permitted after review and approval of a conditional use permit; and
(4) "—" designates prohibited uses.
(B) In cases where a specific land use or activity is not listed as a permitted use either directly or indirectly, the City Manager or designee may assign the land use or activity to a classification by following the procedures below:
(1) The applicant shall provide a detailed operational statement that, at a minimum, provides:
(a) A clear definition of the use and a thorough explanation that outlines how the proposed use is similar to other uses already identified in the code;
(b) A minimum of three examples how other similar communities administer the proposed use; and
(c) Local land use examples, including photographs of how the proposed use is similar to other listed uses.
(2) Alternatively, the Director may require a text amendment.
(3) Required findings. In classifying an unlisted use, the Director shall first make a finding that all of the following conditions exist:
(a) The subject use and its operation are compatible with the uses permitted in the district where it is proposed to be allowed;
(b) The subject use is similar to other uses permitted in the district within which it is proposed to be allowed;
(c) The subject use will not cause substantial injury to the value of the property in neighborhoods or districts within which it is likely to be located; and
(d) The subject use will be so controlled that the public health, safety, and general welfare will be protected.
(C) Use classifications not listed in the table or not found to be substantially similar to the uses below are not permitted.
Use Types | C-MS | Special Requirements (if any) |
Use Types | C-MS | Special Requirements (if any) |
Banks and financial institutions | DRA | |
Community gardens and farmers markets | DRA | |
Drive through facilities | CUP | |
Business offices | DRA | |
Eating and drinking establishments | P | Includes outdoor dining with a site plan review. |
Food and beverage sales | P | |
Gun and ammo sales | DRA | |
On-site and off-site sales of beer, wine, and liquor | CUP | Includes microbrewery and micro-distilleries. |
Parks and plazas | P | |
Pawn shops | DRA | |
Public facilities | P | Includes libraries and museums. |
Religious institutions | CUP | |
Residential, multi-family | CUP | Must be associated with a commercial or office use. |
Retail shops and boutiques | P | |
(Ord. 2021-03, passed 12-7-2021)
§ 154.122 DEVELOPMENT STANDARDS.
Development standards for the C-MS Zoning District shall be as follows:
Development Standard | Regulation | Comments |
Maximum lot size | 4,000 sq. ft. | Lots existing at time of adoption of this Zoning Ordinance not meeting the minimum lot size shall be considered legally non-conforming. See § 154.320et seq. on legal non-conforming uses. |
Maximum building height | 35 ft. | Structures up to 50 ft. may be permitted with a conditional use permit. |
Minimum yard setbacks | Front yard: Minimum: none Maximum: ten ft. | On-site parking must not be visible from the street. |
Side yard: Interior side: none Street side: none, except when adjacent to the front yard of a residential use, in which case the setback shall be 15 ft. | ||
Rear yard: none |
(Ord. 2021-03, passed 12-7-2021)
§ 154.130 PURPOSE.
The purpose of the Manufacturing (M) Zoning District is to provide for a full range of compatible manufacturing and industrial uses essential to the development and maintenance of a strong economic base in a manner that does not conflict with surrounding uses.
(Ord. 2021-03, passed 12-7-2021)
§ 154.131 PERMITTED USES.
(A) The following table sets forth the permits required for each listed use category.
(1) "P" designates allowed uses;
(2) "DRA" designates uses that are permitted after review and approval of a discretionary review and approval process;
(3) "CUP" designates uses that are permitted after review and approval of a conditional use permit; and
(4) "—" designates prohibited uses.
(B) In cases where a specific land use or activity is not listed as a permitted use either directly or indirectly, the City Manager or designee may assign the land use or activity to a classification by following the procedures below:
(1) The applicant shall provide a detailed operational statement that, at a minimum, provides:
(a) A clear definition of the use and a thorough explanation that outlines how the proposed use is similar to other uses already identified in the code;
(b) A minimum of three examples how other similar communities administer the proposed use; and
(c) Local land use examples, including photographs of how the proposed use is similar to other listed uses.
(2) Alternatively, the Director may require a text amendment.
(3) Required findings. In classifying an unlisted use, the Director shall first make a finding that all of the following conditions exist:
(a) The subject use and its operation are compatible with the uses permitted in the district where it is proposed to be allowed;
(b) The subject use is similar to other uses permitted in the district within which it is proposed to be allowed;
(c) The subject use will not cause substantial injury to the value of the property in neighborhoods or districts within which it is likely to be located; and
(d) The subject use will be so controlled that the public health, safety, and general welfare will be protected.
(C) Use classifications not listed in the table or not found to be substantially similar to the uses below are not permitted.
Use Types | M | Special Requirements (if any) |
Use Types | M | Special Requirements (if any) |
Adult businesses | CUP | Subject to provisions of § 154.200et seq. |
Agricultural product processing | P | |
Alcohol distillation and distribution | DRA | On-site consumption prohibited. |
Animal boarding, hospitals, and shelters | DRA | |
Automotive service stations | P | Subject to site plan review process as described in § 154.020. |
Automotive, machinery, and construction manufacturing | P | |
Cannabis manufacturing, testing, distribution, and indoor cultivation | CUP | Subject to § 154.165et seq. |
Chemical storage, mixing, and sales | CUP | |
Electricity generating uses | P | Allowed only as ancillary to the main use. |
Emergency shelters | P | Subject to provisions of § 154.210et seq. |
Equipment sale and repair | P | |
Hemp manufacturing and storage | DRA | |
Petroleum bulk storage and sales | CUP | Including liquid petroleum gas or natural gas/propane manufacture or storage. |
Production and processing | P | Use shall not cause noxious fumes or other nuisances or adverse health effects. |
Public and semi-public uses | P | |
Machinery and general manufacturing | P | Use shall not cause noxious fumes or other nuisances or adverse health effects. |
Vehicle sales and service | DRA | |
Uses listed in the R-1, R-2, R-3, R-4, PSP, or C-MS Zones | — | |
(Ord. 2021-03, passed 12-7-2021)
§ 154.132 DEVELOPMENT STANDARDS.
Development standards for the Manufacturing (M) Zoning District shall be as follows:
Development Standard | Regulation | Comments |
Maximum lot coverage | 60% | |
Maximum building height | 50 ft. | Structures taller than 50 ft. may be permitted with a conditional use permit. |
Minimum yard setbacks | Front yard: none | When adjacent to a residential use, the adjacent setback shall be 15 ft. |
Side yard: Interior side: none Street side: none | ||
Rear yard: none | ||
The rear and side yards of this district can be used for parking and storage but shall be screened from street view. Where the yard is adjacent to a residential district, material and equipment shall not be stored higher than six feet. | ||
(Ord. 2021-03, passed 12-7-2021)
§ 154.140 PURPOSE AND INTENT.
(A) Purpose.
(1) The purpose of this subchapter is to ensure that residents, public safety operationsand businesses in the City of San Joaquin have reliable access to wireless telecommunications ("telecom") facilities and networks and state of the art communications services. It also ensures that installations, modifications, and maintenance of wireless communications facilities, including small cell wireless facilities, in the public right-of-way ("ROW") and on private property are completed in a manner consistent with all applicable laws, are safe, and avoid or mitigate visual, environmental and neighborhood impacts.
(2) This subchapter regulates wireless facilities installations in the ROW, on publicly owned property, and on private property within the city limits. More specifically, the regulations contained herein are intended to:
(a) Encourage, but not require, the location of antennas on light poles, traffic signals, and utility poles in the public ROW;
(b) Encourage the location of antennas in nonresidential areas;
(c) Encourage colocation at new and existing antenna sites; and
(d) Encourage telecom facilities to be located in areas where adverse impacts on the community and on public views are minimized.
(B) The provisions of this subchapter are not intended to:
(1) Prohibit or effectively prohibit any personal wireless service provider's ability to provide personal wireless services;
(2) Prohibit or effectively prohibit any personal wireless service provider's ability to provide any interstate or intrastate telecommunications service, subject to any competitively neutral and nondiscriminatory rules or regulations;
(3) Unreasonably discriminate among providers of functionally equivalent services;
(4) Deny any request for authorization to place, construct or modify personal wireless service facilities on the basis of environmental or health effects of radio frequency emissions to the extent that such facilities comply with the Federal Communication Commission's regulations concerning such emissions;
(5) Prohibit any colocation or modification that the city may not deny under federal or California state law; or
(6) Otherwise authorize the city to preempt any applicable federal or California state law or regulation.
(Ord. 2021-03, passed 12-7-2021)
§ 154.141 APPLICABILITY.
(A) Applicability. These regulations are applicable to all existing telecom facilities and small cell wireless facilities (SCWFs) on public property, within the public ROW, or on private property, and all applications and requests for approval to construct, install, modify, collocate, relocate, or otherwise deploy telecom facilities or SCWFs unless exempted under division (B) below, or governed by division (C) below.
(B) Exempt facilities. The provisions of this chapter will not be applicable to:
(1) Telecom facilities owned and operated by the city for public purposes;
(2) Amateur radio antennas, antennas used solely for the purpose of receiving local broadcast stations, and satellite dish antennas of one meter in diameter or smaller;
(3) Over the Air Reception Device (OTARD) antennas;
(4) Telecom facilities installed completely indoors and intended to extend signals for personal wireless services in a personal residence or a business (such as a femtocell or indoor distributed antenna system); or
(5) Telecom facilities or equipment owned and operated by California Public Utilities Commission (CPUC) regulated electric companies for use in connection with electrical power generation, transmission, and distribution facilities subject to CPUC General Order 131-D.
(C) Request for approval pursuant to section 6409. Any requests for approval to replace, collocate, or remove transmission equipment at an existing wireless base station or tower submitted under section 6409 (47 U.S.C. 1455(a)) shall first be reviewed under § 154.148.
(Ord. 2021-03, passed 12-7-2021)
§ 154.142 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANTENNA. A device or system of wires, poles, rods, dishes, or similar devices used to transmit and/or receive radio or electromagnetic waves.
ANTENNA ARRAY. Two or more antennas having active elements extending in one or more directions, and directional antennas mounted upon and rotated through a vertical mast or tower interconnecting the beam and antenna support, all of which elements are deemed to be part of the antenna.
ANTENNA EQUIPMENT. Equipment, switches, cabling, power sources, shelters, or cabinets associated with an antenna, located at the same fixed location as the antenna, and when collated on a structure, is mounted, or installed at the same time as such antenna.
APARTMENT. A room or suite of two or more rooms in a multiple dwelling occupied or suitable for occupancy as a residence for one family.
APARTMENT HOUSE. See DWELLING, MULTIPLE.
APPLICANT. Any person, firm, corporation, company, or other entity that applies for a building, planning, cannabis, telecom, or other similar development permit.
ARCHITECTURAL INTEGRATION. For telecom equipment, means concealment techniques that completely screen all transmission equipment from public view and integrate the transmission equipment with the underlying structure and surrounding built environment such that, given the particular context, the average, untrained observer does not recognize the existence of the wireless facility or concealment technique.
BASE STATION. The same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(1), which defines that term as a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in 47 C.F.R. Section 1.40001(b)(9) or any equipment associated with a tower. The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks). The term includes any structure other than a tower that, at the time the relevant application is filed with the state or local government under this section, supports or houses equipment described in 47 C.F.R. sections 1.40001(b)(l)(i) and (ii) that has been reviewed and approved under the applicable zoning district or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.
CABINET. A wireless communication facility equipment enclosure that is used exclusively to contain radio or other equipment necessary for the transmission and/or reception of wireless communication signals. Cabinets can be located on a rooftop, on pedestals on the ground, or underground depending on the location of the wireless antennas.
CAMOUFLAGE or CAMOUFLAGED FACILITY. A telecom facility in which the antenna, and sometimes the support equipment, are hidden from view, or effectively disguised as may reasonably be determined by the Planning Commission or other appropriate reviewing authority, in a false tree, monument, cupola, or other concealing structure which either mimics, or which also serves as, a natural or architectural feature. Concealing structures which are not such a natural or architectural feature to the average observer do not qualify within this definition.
COLOCATION. The same as defined by the Federal Communication Commission ("FCC") in 47 C.F.R. Section 1.40001(b)(2), which defines that term as "the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes." As an illustration and not a limitation, the FCC's definition effectively means "to add" new equipment to an existing facility and does not necessarily refer to more than one wireless facility installed at a single site.
ELECTRIC TRANSMISSION FACILITIES. A facility for transmitting electricity, and includes any structures, equipment or other facilities used for that purpose.
ELIGIBLE FACILITIES REQUEST or EFR. The same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(3), which defines that term as any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:
(1) Colocation of new transmission equipment;
(2) Removal of transmission equipment; or
(3) Replacement of transmission equipment.
ELIGIBLE SUPPORT STRUCTURE. The same as defined by the FCC in 47 C.F.R. Section 1.40001(b) (4), which defines that term as any tower or base station as defined in this section; provided, that it is existing at the time the relevant application is filed with the state or local government under this definition.
EXISTING. The same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(4), as may be amended, which provides that a constructed tower or base station is existing for purposes of the FCC's section 6409 regulations if it has been reviewed and approved under the applicable zoning ordinance or siting process, or under another state or local regulatory review process; provided, that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.
FCC. The Federal Communications Commission or its successor agency.
OPERATOR or TELECOM OPERATOR. Any person, firm, corporation, company, or other entity that directly or indirectly owns, leases, runs, manages, or otherwise controls a telecom facility or facilities within the city.
OVER THE AIR RECEPTION DEVICES (OTARD). Any over-the-air reception device subject to 47 C.F.R. section 1.4000 et seq., and which includes satellite television dishes not greater than one meter in diameter.
PERSONAL WIRELESS SERVICE FACILITIES. The same as defined in 47 U.S.C. section 332(c)(7)(C)(i), which defines the term as facilities that provide personal wireless services.
PERSONAL WIRELESS SERVICES. The same as defined in 47 U.S.C. section 332(c)(7)(C)(i), which defines the term as commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services.
PSEUDO-NATURAL INTEGRATION. Concealment techniques that completely screen all transmission equipment from public view and integrate the transmission equipment with the surrounding natural environment. Given that pseudo-natural integration mimics natural features, these manmade concealment techniques are more obvious to the average, untrained observer such that the observer may not need special knowledge to recognize the existence of a pseudo-naturally integrated telecom facility. Such concealment techniques include faux-trees and other faux-plants or faux-geologic features (monoshrubs, monorocks and other faux-natural features).
RADIO FREQUENCY OR RF. Radio frequency or electromagnetic waves generally between 20 kHz and 300 GHz in the electromagnetic spectrum range. This is the frequency range at which energy from an oscillating current can radiate off a conductor into space as radio waves.
REMOTE RADIO UNIT OR RRU. The electronic devices that are used to amplify radio signals so that there is increased performance (farther distance) of the outgoing radio signal from the antenna. It is generally installed in cell towers or monopoles and are controlled by a controller placed inside a closed shelter on the ground nearby the wireless facility.
SATELLITE DISH ANTENNA. Any accessory structure capable of receiving, for the sole benefit of the principal use, radio or television signals from a transmitter or transmitter relay located in planetary orbit.
SECTION 6409. Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96,126 Stat. 156, codified as 47 U.S.C. section 1455(a).
SIGNIFICANT GAP. A gap in the service provider's own wireless telecom facilities, as defined in federal case law interpretations of the Federal Telecommunications Act of 1996.
SITE. In general terms means any plot or parcel of land or combination of contiguous lots or parcels of land.
SITE FOR TELECOM FACILITIES. The same as defined by the FCC in 47 C.F.R. section 1.40001(b)(6), which provides that "for towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground."
SMALL CELL WIRELESS FACILITY or SCWF. A small wireless facility as defined by the FCC and that meets the requirements specified in § 154.147.
STEALTH FACILITY. Any telecom facility designed to blend into the surrounding environment and is visually unobtrusive. Examples of stealth facilities may include architecturally screened roof-mounted antennas, facade-mounted antennas painted and treated as architectural elements to blend with the existing building, or elements designed to appear as vegetation or trees.
SUBSTANTIAL CHANGE. The same as defined by the FCC in 47 C.F.R. section 1.40001(b)(7), which defines that term differently based on the particular wireless facility type (tower or base station) and location (in or outside the public ROW). For clarity, this definition organizes the FCC's criteria and thresholds for a substantial change according to the wireless facility type and location.
(1) For towers outside the public ROW, a substantial change occurs when:
(a) The proposed colocation or modification increases the overall height more than 10% or the height of one additional antenna array not to exceed 20 feet (whichever is greater); or
(b) The proposed colocation or modification increases the width more than 20 feet from the edge of the tower or the width of the tower at the level of the appurtenance (whichever is greater); or
(c) The proposed colocation or modification involves the installation of more than the standard number of equipment cabinets for the technology involved, not to exceed four; or
(d) The proposed colocation or modification involves excavation outside the current boundaries of the leased or owned property surrounding the tower, including any access or utility easements currently related to the site.
(2) For towers in the public ROW and for all base stations, a substantial change occurs when:
(a) The proposed colocation or modification increases the overall height more than 10% or ten feet (whichever is greater); or
(b) The proposed colocation or modification increases the width more than six feet from the edge of the tower or base station; or
(c) The proposed colocation or modification involves the installation of any new equipment cabinets on the ground when there are no existing ground-mounted equipment cabinets; or
(d) The proposed colocation or modification involves the installation of any new ground-mounted equipment cabinets that are 10% larger in height or volume than any existing ground-mounted equipment cabinets; or
(e) The proposed colocation or modification involves excavation outside the area in proximity to the structure and other transmission equipment already deployed on the ground.
(3) For all towers and base stations wherever located, a substantial change occurs when:
(a) The proposed colocation or modification would defeat the existing concealment elements of the support structure as reasonably determined by the City Manager or designee; or
(b) The proposed colocation or modification violates a prior condition of approval; provided however, that the colocation need not comply with any prior condition of approval related to height, width, equipment cabinets or excavation that is inconsistent with the thresholds for a substantial change described in this definition.
SUPPORT EQUIPMENT. The physical, electrical and/or electronic equipment included within a telecom facility used to house, power, and/or process signals from or to the facility's antenna or antennas.
TELECOMMUNICATION(S) FACILITY, TELECOM FACILITY, WIRELESS TELECOMMUNICATIONS FACILITY. Facilities regulated by the FCC that transmit and/or receive electromagnetic signals for cellular technology, personal communication services, enhanced specialized mobile services, paging systems, and radio and television broadcast transmission facilities. Facilities include antennas, microwave dishes, parabolic antennas, and all other types of equipment (but does not include a small wireless facility, which is defined separately under SMALL CELL WIRELESS FACILITY) used in the transmission or reception of such signals; telecommunication towers or similar structures supporting said equipment; associated equipment cabinets and/or buildings; and all other accessory development. These facilities include amateur radio antenna structures that exceed 30 feet in height but do not include government-operated public safety networks.
TEMPORARY WIRELESS FACILITIES. Portable wireless facilities intended or used to provide personal wireless services on a temporary or emergency basis, such as a large-scale special event in which more users than usual gather in a confined location or when a disaster disables permanent wireless facilities. Temporary wireless facilities include, without limitation, cells-on-wheels ("COWs"), sites-on-wheels ("SOWs"), cells-on-light-trucks ("COLTs"), interim telecom sites, or other similarly portable wireless facilities not permanently affixed to site on which it is located.
TOWER. The same as defined by the FCC in 47 C.F.R. section 1.40001(b)(9), which defines that term as any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. Examples include, but are not limited to, monopoles, monotrees, and lattice towers.
TRANSMISSION EQUIPMENT. The same as defined by the FCC in 47 C.F.R. section 1.40001(b)(8), which defines that term as equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
WIRELESS. Any FCC-licensed or authorized wireless communication service transmitted over frequencies in the electromagnetic spectrum.
WIRELESS TELECOMMUNICATION PERMIT or TELECOM PERMIT. An encroachment telecommunication permit, administrative telecommunication permit, a City Council telecommunication permit, or a temporary telecommunication permit. An encroachment telecom permit is functionally equivalent to a city encroachment permit, except that such telecom permit is applicable to a telecom facility.
(Ord. 2021-03, passed 12-7-2021)
§ 154.143 APPROVALS REQUIRED.
(A) Telecommunication permits required. Wireless telecommunication permits shall be subject to review as follows:
(1) Encroachment telecommunication permit. City staff shall have the authority to issue an encroachment permit for a telecom facility that is proposed to be located in the right-of-way (ROW) on streetlight poles, traffic signals or utility poles when its design and installation is consistent with all provisions of this section of the code, qualifies as a small cell wireless facility (see § 154.147), or is subject to a valid master license agreement or other agreement with the city for antennas that do not exceed 50 feet in height. Telecom facilities that do not conform to these regulations or exceed the 50-foot height limit shall be approved by the City Council as a City Council telecom permit, except for SCWFs that may not exceed 50 feet in height, with certain exceptions as described in § 154.147.
(2) Administrative telecommunication permit. City staff shall have the authority to issue a telecom permit for a wireless telecom facility or SCWF that is proposed on private property when its design and installation is consistent with provisions of this chapter of the code, is eligible for approval pursuant to section 6409 as described in § 154.148, qualifies as a SCWF, or modifications to existing wireless Telecom facilities that do not vary significantly in size, aesthetics or other parameters from the original installation at the discretion of city staff.
(3) Telecommunication permit. All wireless telecom facilities that are not eligible for approval of an encroachment telecom permit or an administrative telecom permit or is not in conformance with section 6409 (see § 154.148), or does not qualify as a small cell wireless facility, or is a new facility that exceeds 50 feet, shall be subject to review and approval by the Planning Commission in accordance with the provisions of this chapter.
(4) Temporary telecommunication permit. A temporary use permit subject to the city staffs prior review for telecom facilities on private property or for telecom facilities in the public ROW. Approval in accordance with the procedures and standards in § 154.150 is required for any temporary wireless telecom facility, unless deployed in connection with an emergency pursuant to Chapter 32, Civil Defense, or other lawful emergency authority.
(B) Other permits and regulatory approvals. In addition to any telecom permit, administrative permit, or other permit required under this code, the applicant must obtain all other permits and regulatory approvals as may be required by any other federal, state, or local government agencies, which includes without limitation building permits, encroachment permits, electrical permits, plumbing permits, and any other permits and/or regulatory approvals issued by other departments or divisions within the city. Furthermore, any permit or approval granted under this chapter or deemed granted or deemed approved by law shall remain subject to any and all lawful conditions and/or legal requirements associated with such other permits or regulatory approvals.
(C) Appeals.
(1) Decisions of any reviewing authority made pursuant to this subchapter may be appealed to the next highest reviewing authority. However, per federal law, decisions regarding small cell wireless facility permits and eligible facilities requests under section 6409 may not be appealed but are final once they have been decided by the appropriate reviewing authority. The decision-making and appeal process for telecom permit applications shall be as follows:
City Staff | Planning Commission | City Council | |
Encroachment permit | Decision (1) | Appeal | Appeal |
Administrative telecom permit | Decision (1) | Appeal | Appeal |
Planning Commission telecom permit | Decision | Appeal | |
Temporary wireless telecom permit | Decision | Appeal | Appeal |
(2) Decisions on small cell wireless facilities and telecom facilities subject to section 6409(a) are not appealable to the Planning Commission or City Council, per federal law.
(D) Timing.
(1) At the time of adoption of this subchapter, litigation is underway regarding certain of the required "shot clocks" or timelines for permit approvals. Per federal law and the FCC, requested permits that are eligible facility requests or SCWFs proposed for installation on preexisting structures may carry a 60-day timeframe/shot clock, provided that an application is submitted and is complete in all respects. Other SCWFs that are not eligible facility requests may carry a 90-day shot clock, and the city must notify the applicant within ten days whether an application is "materially incomplete." The city will observe all applicable federal and state timelines with respect to permits requested under this part and will administratively adjust and publish those timelines should court rulings or legislation change those timelines. An ordinance modification to this subchapter in due course will be thereafter sought by staff if such timelines are changed.
(2) Notice of "shot clock" expiration. The applicant is required to provide the City Manager or designee with written notice of the applicants estimate regarding the expiration of any applicable timeframe for review, which the applicant shall send by secure method (e.g., certified mail, registered mail, overnight carrier, any one of which shall require a receipt signature), no earlier than 30 nor later than 20 days prior to the applicants estimation of the time of shot clock expiration. The applicants estimate of the "shot clock" expiration is not necessarily binding on the city.
(E) Required findings. The City Manager or designee shall make all of the following findings when approving telecom facilities, including SCWFs:
(1) The proposed telecom facility complies with all applicable development standards described, or qualifies for a variance;
(2) The applicant demonstrated that its proposed wireless facility will be in full compliance with all applicable FCC rules and regulations for human exposure to radio frequency emissions;
(3) The applicant demonstrated a good-faith effort to identify and evaluate alternate locations and potentially less-intrusive designs; and
(4) Lack of such a facility would result in a significant gap of coverage.
(F) Other regulations. All telecom facilities and SCWFs are subject to provisions of this subchapter and the following other requirements:
(1) Conditions in any permit or license issued by a local, state, or federal agency, which has jurisdiction over the telecom facility of SCWF;
(2) Rules, regulations, and standards of the FCC and the CPUC; easements, covenants, conditions, or restrictions on the underlying real property; and
(3) The California Building Code, California Fire Code and portions of the Uniform Fire Code, California Mechanical Code, and California Electrical Code, as amended by state or local law or regulation.
(G) Regulations not in conflict or preempted. All telecom facilities within the city shall comply with all applicable design standards, with the General Plan, with any applicable specific plan, and with the San Joaquin Municipal Code, unless specifically exempted by the provisions of this chapter.
(Ord. 2021-03, passed 12-7-2021)
§ 154.144 ADDITIONAL REQUIREMENTS.
(A) Setbacks and minimum traversable paths. Setbacks shall be measured from the part of the telecom facility closest to the applicable lot line or structure. The setbacks and minimum traversable path requirements applicable in the public ROW shall be determined by city staff based upon the safety needs of the location in order to assure Americans with Disabilities Act (ADA) access, traffic sight distance and related considerations.
(B) Maintenance. The telecom operator shall maintain the telecom facility in a manner consistent with the original approval of the facility.
(C) Non-conformities. A proposed telecom facility shall not create any new or increased non-conformities as defined in the San Joaquin Municipal Code, such as, but not limited to, a reduction in and/or elimination of parking, setbacks, landscaping or loading zones.
(D) Technical consultants. At its discretion, the city may engage outside technical consultants to evaluate and/or verify the information used to support the applicant's showing(s) in its application or with testimony in city proceedings, and where applicable pursuant to this section. The reasonable cost for the consultants shall be borne by the applicant. An advance deposit for the estimated cost of the fees for the outside consultants shall be promptly paid to the city by the applicant upon request by the city. Failure to pay such deposit shall render any pending application incomplete until paid. After the consultant's work has been completed, if the amount of the deposit was insufficient to cover the cost of the consultants' fees the applicant shall immediately reimburse the city for any shortfall. If the cost of the work is less than the estimate the amount over shall promptly be repaid to the applicant at the conclusion of the application proceedings.
(E) Review procedures. The City Council by resolution may adopt further procedures for review of wireless facilities.
(Ord. 2021-03, passed 12-7-2021)
§ 154.145 HEIGHT, LOCATION, AND COLOCATION.
(A) Height.
(1) Maximum height. The maximum height for telecom facilities and small cell wireless facilities (SCWFs) is as follows:
(a) Telecom facilities (SCWFs). Fifty feet for antennas on streetlights, traffic control standards, utility distribution poles, or other similar structures within the public ROW (total height including pole and antenna). Antennas exceeding 50 feet in height at water tank sites may be approved provided they are found to be camouflaged or otherwise screened from view. Antennas may be placed on existing utility poles that exceed 50 feet where the purpose of the existing utility pole is only to carry electricity, provided that the top of the antenna shall not exceed six feet above the top of the pole and shall not exceed the height of the pole where primary or secondary electrical lines are attached to the pole. For existing legal non-conforming structures that exceed maximum building heights, telecom facilities may be installed so long as the addition does not increase the overall height and the project complies with this chapter in all other respects. For all other telecom facilities, the maximum height of antennas shall be the upper maximum building height allowed in the San Joaquin Municipal Code.
(b) Small cell wireless facilities. SCWFs must meet the following mounting conditions:
1. Are mounted on structures 50 feet or less in height including their antennas;
2. Are mounted on structures no more than 10% taller than other adjacent structures; and
3. Do not extend existing structures on which they are located to a height more than 50 feet or by more than 10%, whichever is greater.
(2) Over-height antennas. The City Manager or designee may approve antennas up to 15 feet above the preceding maximum building height limitations provided it makes findings that are required for special approvals pursuant to division (B)(2) below.
(3) Camouflaged telecommunication installations within structures. Camouflaged facilities may be installed within structures that are permitted to exceed the above stated height limits by a conditional use permit.
(B) Location.
(1) Location or design categories and location priorities. When reviewing proposed locations for telecom facilities the reviewing authority shall utilize the following priority order:
(a) Existing colocation structure or site (site of an existing wireless facility);
(b) Existing pole, light standard, or utility tower in the ROW;
(c) Proposed pole, light standard, or utility tower in the ROW;
(d) Private property in the Manufacturing Zoning District;
(e) Private property in the Commercial or Main Street Commercial Zoning Districts;
(f) Sign or architectural feature in a manufacturing or commercial zone;
(g) New false tree in a manufacturing or commercial zone; and
(h) Public property in a quasi-public zone.
(2) Locations requiring special approval. Telecom facilities are prohibited in the following locations unless given special approval by the reviewing authority under the provisions of this chapter, after making all the findings contained in division (B)(3) below:
(a) On common area lots, other non-residential lots, and public ROW within residential districts;
(b) Within any required setback established in the San Joaquin Municipal Code;
(c) On multi-family structures; and
(d) On public ROW where any portion of the proposed telecom facility lies adjacent to the property line or within 250 feet of a residential structure.
(3) Special approval findings. In making the following special approval findings the City Manager or designee shall determine that the applicant has demonstrated that:
(a) There are no other feasible locations that meet the coverage or data capacity needs of the applicant;
(b) Establishment of the facility at the requested location is necessary to provide service;
(c) Lack of such a facility would result in a significant gap of coverage or data capacity;
(d) The proposed site is the least intrusive location which can close that gap; and
(e) If within 250 feet of a residential structure, the wireless facility is as far as possible from the residential structure.
(4) Prohibited locations. Telecom facilities are prohibited on undeveloped residential lots or residential lots containing single-family residences.
(C) Colocation requirements.
(1) Colocation required. To limit the adverse visual effects of a proliferation of telecom sites in the city, a new telecom facility proposed within 1,000 feet of an existing facility shall be required to collocate on the same site as the existing facility unless the reviewing authority determines, based on evidence submitted by the applicant, that such colocation is not feasible. For SCWFs, the relevant colocation distance to be utilized is 250 feet.
(2) Colocation limitations. No more than three telecom facilities may collocate at a single site unless the City Manager or designee finds that:
(a) The net visual effect of locating an additional facility at a colocation site will be less than establishing a new location; or
(b) Based on evidence submitted by the applicant, there is no available feasible alternate location for a proposed new facility.
(3) Future colocation. In approving a telecom facility, the City Manager or designee may impose a condition of approval allowing future colocation of telecom facilities by other carriers at the same site, subject to numerical limits it deems to be appropriate that are necessary in order to be consistent with the required finding that the design be the least intrusive.
(Ord. 2021-03, passed 12-7-2021)
§ 154.146 DESIGN STANDARDS.
(A) General criteria. In addition to the other design standards of this chapter (including, if applicable, § 154.147), all of the following criteria shall be applied by the City Manager or designee in connection with the processing of any telecommunication permit.
(1) All telecom facilities approved under this chapter shall utilize the most efficient and diminutive available technology in order to minimize the number of facilities and reduce their visual impact.
(2) Roof-mounted antennas shall be screened from view from adjacent properties and the public ROW. The screening may include parapets, walls, or similar architectural elements provided they are designed, colored, and texturized to integrate with the existing architecture of the building.
(3) When located on a building facade, building-mounted antennas shall be recessed and covered with an RF-transparent and visually opaque material of a color and texture to match the existing building, or effectively disguised as may be reasonably determined by the City Manager or designee.
(4) The use of compatible materials such as wood, brick, or stucco shall be required for accessory equipment structures/buildings, which shall be designed to architecturally blend with the exterior of structures within the area.
(5) For ground-mounted installations, support equipment may be required to be screened in a security enclosure approved by the City Manager or designee. Such screened security enclosures may use bricks or masonry or may consist of an alternate enclosure design approved by the City Manager or designee. In general, the screening enclosure shall be architecturally compatible with surrounding materials and colors. Chain link, barbed wire and razor wire fencing shall be prohibited. Buffer landscaping may also be required if the City Manager or designee determines that additional screening is necessary due to the location of the site and that irrigation water is available.
(6) Telecom facilities, including, but not limited to, antennas, support structures, equipment structures, and related structures and equipment shall be designed, constructed, and maintained in accordance with the Uniform Building, Mechanical, Electrical, and other applicable codes, laws, and regulations, as enforced by the Division of Building and Safety, to assure that all such facilities will maintain their structural integrity despite the effects of the elements.
(B) Camouflage. All telecom facilities shall be camouflaged with architectural integration techniques for buildings and pseudo-natural integration techniques for those antennas in a natural or landscaped environment to the greatest extent possible.
(1) Architectural integration concealment techniques include, but are not limited to:
(a) Transmission equipment placed completely within existing architectural features such that the installation causes no visible change to the underlying structure; and
(b) New architectural features that mimic the underlying building in architectural style, physical proportion, and quality of construction materials.
(2) Architectural features commonly used as architectural integration concealment include, but are not limited to, church steeples, cupolas, bell towers, clock towers, pitched faux-roofs and water tanks. Whether a wireless facility qualifies as an architecturally integrated facility depends on the context that exists at a given location and is evaluated on a case-by-case basis during the permit application process.
(C) Night lighting. Telecom facilities shall not be lighted except:
(1) For city-approved security lighting at the lowest intensity necessary for that purpose; and
(2) As necessary for the illumination of the flag of the United States, the flag of the State of California, or other similar flags, when such flag(s) are attached to the telecom facility. Such lighting shall be shielded so that direct illumination does not shine on nearby properties. The City Manager or designee shall consult with the police department regarding proposed security lighting for telecom facilities on a case-by-case basis.
(D) Signs and advertising. No advertising signage or identifying logos shall be displayed on any telecom facility except for small identification, address, warning, and similar information plates approved by the City Manager or designee.
(E) Noise. Telecom facilities and all accessory equipment and transmission equipment must comply with all noise regulations, and shall not exceed, either individually or cumulatively, the applicable ambient noise limit in the subject zoning district. The City Manager or designee may require the applicant to incorporate appropriate noise-baffling materials and/or strategies whenever necessary to avoid any ambient noise from equipment reasonably likely to exceed the applicable limit.
(F) Site security measures. Telecom facilities may incorporate reasonable and appropriate site security measures, such as fences, walls, and anti-climbing devices, to prevent unauthorized access, theft, or vandalism. Site security measures must be designed to enhance concealment to the maximum extent possible, such as installing equipment within a decorative masonry wall rather than within a fence. The City Manager or designee may require additional concealment elements as the City Manager or designee finds necessary to blend the security measures and other improvements into the natural and/or built environment. The City Manager or designee shall not approve barbed wire, razor wire, electrified fences, or any similar security measures visible to the public.
(G) Backup power sources. The City Manager or designee may approve permanent backup power sources and/or generators on a case-by-case basis. The city strongly discourages backup power sources mounted on the ground or on poles within the public ROW. The City Manager or designee shall not approve any diesel generators or other similarly noisy or noxious generators, in or within 250 feet from any residence; except for permanently installed back-up generators only used during area-wide loss of power and routine testing, and when found to be in compliance with the city's General Plan noise element objectives, at which a smaller setback may be established; and provided, however, the City Manager or designee may approve sockets or other connections used for temporary backup generators.
(H) Colocation. All new telecom operators shall collocate with other existing and/or planned telecom facilities whenever feasible. Operators are encouraged to collocate with other existing facilities such as water tanks, light standards (SCWFs) and other utility structures where the colocation is found to minimize the overall visual impact of the new facility. Colocation of SCWFs on light standards/poles, traffic lights, or other structures located within the public ROW shall be subject to the requirements of § 154.145.
(Ord. 2021-03, passed 12-7-2021)
§ 154.147 SMALL CELL WIRELESS FACILITIES OR SCWFS.
This section establishes procedural requirements and standards to regulate the streamlined review of small cell wireless facilities ("SCWFs") within the public ROW or on public and private property to minimize the potential safety and aesthetic impacts on neighboring property owners and the community, and to comply with applicable state and federal laws.
(A) A SCWF as defined by the FCC shall meet the following requirements:
(1) Meet the following mounting conditions:
(a) Are mounted on structures 50 feet or less in height including their antennas;
(b) Are mounted on structures no more than 10% taller than other adjacent structures; and
(c) Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10%, whichever is greater.
(2) Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume; and
(3) All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume.
(B) SCWFs shall be processed in the following manner:
(1) Review authority in the public ROW: encroachment telecommunications permit approved by City Manager or designee;
(2) Review authority on private or public property: administrative telecommunications permit approved by City Manager or designee; and
(3) Application submittal requirements for SCWFs shall be the same as required for other telecom facilities.
(C) Batched permit requirements.
(1) Simultaneous submittal of no more than five applications for SCWFs; or
(2) A single consolidated application covering no more than five SCWF locations, provided that the proposed facilities include the following:
(a) Are on the same structure;
(b) Are within the same linear alignment; and
(c) Use the same equipment and are of similar design.
(D) SCWF design review requirements.
(1) Colocation on an existing structure is required if in compliance with all aesthetic and structural requirements.
(2) Installation on streetlights, traffic signals, or other utility poles within the public ROW.
(a) Installation on an existing or new pole shall consist of antenna and remote radio units (RRUs) only.
(b) Antennas may be concealed in a canister located on top of the streetlight pole, traffic signal pole, utility pole, or new monopole if all of the following design criteria are met:
1. The canister shall not exceed the width or diameter of the existing pole by more than six inches;
2. Antennas shall be water-tight and shall not alter the wind loading on the pole;
3. Associated cables and wires shall be concealed and flush-mounted to the pole. All equipment on each pole shall be housed in a suitable enclosure to conceal components and cabling from public view. The enclosure shall be coated in a material and color matching that of the pole; and
4. Other associated equipment shall be installed underground or placed in a cabinet outside site distance triangle areas for street corners and driveway, and outside the public sidewalk.
(c) Streetlight poles that support SCWFs shall be designed per the city's SCWF design standards to seamlessly fit with the existing lighting system.
1. A plan for a new or replacement pole shall be submitted for review and approval that shows the existing and proposed streetlight and electrical infrastructure and designed in such a manner that a uniform light distribution is provided in the subject area.
2. Once approved and installed, new streetlight poles and other associated SCWF infrastructure will be the property of the city, unless rejected by the city.
3. All electrical costs associated with a SCWF on a streetlight pole or new pole shall be borne by the applicant.
(d) SCWFs located on private property on buildings, rooftops, and other areas and shall be camouflaged in same manner as required for other wireless facilities and shall comply with the design standards in § 154.146.
(Ord. 2021-03, passed 12-7-2021)
§ 154.148 SECTION 6409(a) ELIGIBLE TELECOM FACILITIES.
(A) Background. Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L 112-96, codified as 47 U.S.C. section 1455(a) ("section 6409"), generally requires that state and local governments "may not deny, and shall approve" requests to collocate, remove or replace transmission equipment at an existing tower or base station. Federal Communication Commission ("FCC") regulations interpret this statute and establish procedural rules for local review, which generally preempt certain subjective land-use regulations, limit permit application content requirements and provide the applicant with a potential "deemed-granted" remedy when the state or local government fails to approve or deny the request within 60 calendar days after submittal (accounting for any tolling periods). Moreover, whereas section 704 of the Telecommunications Act of 1996, Pub. L. 104-104, codified as 47 U.S.C. section 332, applies to only "personal wireless service facilities" (e.g., cellular telephone towers and equipment), section 6409 applies to all "wireless" facilities licensed or authorized by the FCC (e.g., cellular, Wi-Fi, satellite, microwave backhaul, and the like).
(B) Definitions. Abbreviations, phrases, terms, and words used in this section that are relevant to section 6409(a) facilities are defined in § 154.142.
(C) Applicability. This chapter applies to all requests for approval to collocate, replace or remove transmission equipment at an existing tower or base station submitted pursuant to section 6409(a).
(D) Application review. Under federal law, the city must approve or deny an application for an eligible facilities request, together with any other city permits required for a proposed wireless facility modification, within 60 days after the applicant submits the application for a wireless facility minor modification permit, unless tolled due to issuance of any notice of incomplete filing or by mutual agreement between the city and the applicant. Under federal law, failure to act on a wireless facility minor modification permit application within the 60-day review period, excluding tolling period, will result in the permit being deemed granted by operation of law.
(E) Prior permit approvals. The following prior permit approvals are required prior to qualifying for approval of an eligible facilities request under section 6409.
(1) Section 6409 approval. Any request to collocate replace or remove transmission equipment at an existing tower or base station submitted with a written request for approval under section 6409 shall require an amendment to the underlying telecom permit for the tower or base station subject to the reviewing authority's approval, conditional approval, or denial without prejudice.
(2) Other permits and regulatory approvals. No colocation or modification approved pursuant to this chapter may occur unless the applicant also obtains all other permits and regulatory approvals as may be required by any other federal, state, or local government agencies, which include without limitation building permits, encroachment permits, electrical permits and any other permits and/or regulatory approvals issued by other departments or divisions within the city. Furthermore, any section 6409 approval granted under this chapter shall remain subject to any and all lawful conditions and/or legal requirements associated with such other permits or regulatory approvals.
(F) Required findings for approval. The City Manager or designee may approve or conditionally approve any application for a section 6409 eligible facilities request subject to the following findings:
(1) Involves colocation, removal, or replacement of transmission equipment on an existing tower or base station; and
(2) Does not substantially change the physical dimensions of the existing tower or base station.
(G) Criteria for denial without prejudice. The City Manager or designee may deny without prejudice any application for a section 6409 EFR approval if the City Manager or designee finds that the proposed project:
(1) Does not meet the finding required in division (E);
(2) Involves replacement of the entire support structure; or
(3) Violates any legally enforceable law, regulation, rule, standard or permit condition reasonably related to public health and safety, which includes without limitation laws, regulations, rules, standards, or permit conditions related to building and electric codes, aviation safety, and flood control.
(Ord. 2021-03, passed 12-7-2021)
§ 154.149 DISTRIBUTED ANTENNA SYSTEM (DAS).
A distributed antenna system, or DAS, is a network of spatially separated antenna nodes connected to a common source via a transport medium that provides wireless service within a geographic area or structure. A distributed antenna system may be deployed indoors (an iDAS) or outdoors (an oDAS). Applications for DAS telecom facilities shall be submitted as a single application and will have a single master license agreement if located on public property or in the ROW. Each individual location within the system shall be processed and considered for approval separately. Permitting fees will be applied to each site. Each location will be evaluated and must comply with the installation design standards for the type of site as defined by this chapter.
(Ord. 2021-03, passed 12-7-2021)
§ 154.150 TEMPORARY TELECOM FACILITIES.
General requirements for temporary telecom facilities.
(A) Applications. All applications for a temporary telecom facility (or "TTF") permit shall be accompanied by the minimum documentation required by division (C) below.
(B) Administrative review for TTFs. City staff shall review the application for completeness. After the application has been deemed complete, within 30 days city staff shall render a written decision to the applicant. Any denials must include the reasons for the denial. The review shall be administrative in nature and shall not require notice or a public hearing.
(C) Required findings for TTFs. The city may approve or conditionally approve a TTF permit only when the city finds:
(1) The proposed TTF will not exceed 50 feet in overall height above ground level;
(2) The proposed TTF complies with all setback requirements applicable to the proposed location;
(3) The proposed TTF will not involve any excavation or ground disturbance;
(4) The proposed TTF will be compliant with all generally applicable public health and safety laws and regulations, which include without limitation maximum permissible exposure limits for human exposure to RF emissions established by the FCC;
(5) The proposed TTF will not violate any noise limits applicable to the proposed location;
(6) The proposed TTF will be identified with a sign that clearly identifies the site operator, the operator's site identification name or number and a working telephone number answered 24 hours a day, seven days a week by a live person who can exert power-down control over the antennas;
(7) The proposed TTF will be removed within 30 days after the city grants the TTF permit, or such longer time as the city finds reasonably related to the applicant's need or purpose for the TTF; the city may require an appropriate bond to ensure removal, to the extent allowed by law; and
(8) The applicant has not been denied an approval for any permanent telecom facility in substantially the same location within the previous 365 days.
(Ord. 2021-03, passed 12-7-2021)
§ 154.151 WIRELESS TELECOM FACILITIES APPLICATION REQUIREMENTS.
Applications for telecom facilities shall be accompanied by the following documentation as deemed necessary and, in such form, as required by the city and as may be described in the wireless telecommunications permit application packet:
(A) Project description summary; and
(B) Project characteristics;
(1) Project/site operational characteristics and features (including site plan, elevations, and project details);
(2) Project purpose;
(3) Significant gap of coverage maps;
(4) FCC license/FAA compliance;
(5) Radio frequency (RF) compliance report;
(6) Project photographs and photo-simulations;
(7) Structural safety report (including wind load calculations);
(8) Alternative candidate sites;
(9) Cultural resource report (as needed);
(10) Biological resources report (as needed); and
(11) Mature/protected trees report (as needed).
(Ord. 2021-03, passed 12-7-2021)
§ 154.152 RADIO FREQUENCY COMPLIANCE AND RF EMISSIONS SAFETY REPORT; POST-INSTALLATION CERTIFICATION.
(A) The city shall only approve telecom facilities, SCWFs and eligible facilities requests per section 6409(a) that are compliant in all respects with the latest updated safety requirements for RF emissions to the maximum extent allowed under federal law, state law, FCC regulations and CPUC regulations. In addition to the RF safety information and analysis required in an application the city may engage an outside technical consultant to evaluate and/or verify compliance with FCC radio frequency (RF) and radiation emissions requirements. Fees for the outside consultant shall be promptly paid or reimbursed by the applicant or operator.
(B) Post-installation certification. Within 30 days of commencing operation of a telecom facility, SCWF or eligible facilities request, the applicant shall provide to the reviewing authority a post-installation certification confirming, under penalty of perjury, that the actual RF emissions from the installed equipment do not exceed that previously disclosed to the city in the application process.
(Ord. 2021-03, passed 12-7-2021)
§ 154.153 REMOVAL OF TELECOM FACILITIES.
(A) Discontinued use. Any operator who intends to abandon or discontinue use of a telecom facility or SCWF, whether located on public property, private property, or the public ROW must notify the city by certified mail no less than 30 days prior to such action. The operator or owner of the affected real property shall have 90 days from the date of abandonment or discontinuance, or a reasonable time as may be approved by city staff, within which to complete one of the following actions:
(1) Reactivate use of the telecom facility or SCWF;
(2) Transfer the rights to use the telecom facility or SCWF to another operator and the operator immediately commences use; or
(3) Remove the telecom facility or SCWF and restore the site at the permittee's sole expense.
(B) Abandonment. Any telecom facility or SCWF that is not operated for a continuous period of 180 days or whose operator did not remove the telecom facility or SCWF in accordance with division (A) above shall be deemed abandoned. Upon a finding of abandonment, the city shall provide notice to the telecom carrier last known to use such facility and, if applicable, the owner of the affected real property, providing 30 days from the date of the notice within which to complete one of the following actions:
(1) Reactivate use of the telecom facility or SCWF;
(2) Transfer the rights to use the telecom facility or SCWF to another operator; or
(3) Remove the telecom facility or SCWF and restore the site at the permittee's sole expense.
(C) Removal by city.
(1) The city may remove an abandoned facility, repair any and all damage to the premises caused by such removal, and otherwise restore the premises as is appropriate to be in compliance with applicable codes at any time after 30 days following the notice of abandonment.
(2) If the city removes the telecom facility or SCWF, the city may, but shall not be required to, store the removed facility or any part thereof. The owner of the premises upon which the abandoned facility was located, and all prior operators of the facility shall be jointly and severally liable for the entire cost of such removal, repair, restoration, and storage, and shall remit payment to the city promptly after demand is made. In addition, the City Council, at its option, may utilize any financial security required in conjunction with granting the telecommunication permit as reimbursement for such costs. Also, in lieu of storing the removed facility, the city may convert it to the city's use, sell it, or dispose of it in any manner deemed by the city to be appropriate.
(Ord. 2021-03, passed 12-7-2021)
§ 154.165 PURPOSE.
(A) The purpose and intent of this subchapter is to establish a comprehensive system to control and regulate the cultivation, distribution, transport, storage, manufacturing, processing, testing, and sale of commercial cannabis and cannabis products in a responsible manner to protect the health, safety, and welfare of the residents of the city as allowed by and in accordance with state law and regulations.
(B) It is the purpose and intent of this subchapter to implement the provisions of the Medicinal and Adult Use Cannabis Regulation and Safety Act ("MAUCRSA") to accommodate the needs of medicaIly-ill persons in need of cannabis for medicinal purposes as recommended by their health care provider(s), and to provide access to same. It is also the purpose and intent of this chapter to provide access to adult-use cannabis for persons aged 21 and over as authorized by the Control, Tax and Regulate the Adult Use Cannabis Act ("AUMA" or "Proposition 64" approved by California voters in 2016), while imposing sensible regulations on the use of land to protect the city's residents, neighborhoods, and businesses from disproportionately negative impacts.
(C) Commercial cannabis activities may be permitted, upon application and approval of a conditional use permit, in accordance with the criteria and procedures set forth in this subchapter.
(Ord. 2021-03, passed 12-7-2021)
§ 154.166 LEGAL AUTHORITY.
This subchapter is adopted pursuant to the authority granted to the city by §§ 5 and 7 of Article XI of the California Constitution and the provisions of the Medicinal and Adult Use Cannabis Regulation and Safety Act (hereinafter "MAUCRSA"). Cannabis cultivation and cannabis activities are prohibited unless specifically authorized by this subchapter.
(Ord. 2021-03, passed 12-7-2021)
§ 154.167 CANNABIS CULTIVATION AND CANNABIS ACTIVITIES PROHIBITED UNLESS SPECIFICALLY AUTHORIZED BY THIS SUBCHAPTER.
Except as specifically authorized by this subchapter, the commercial cultivation, manufacture, processing, storing, laboratory testing, labeling, sale, delivery, distribution, or transportation (other than as provided under Cal. Business and Professions Code § 26090(e)) of cannabis or cannabis products is expressly prohibited in the city.
(Ord. 2021-03, passed 12-7-2021)
§ 154.168 APPLICABILITY.
(A) Commercial cannabis activities permitted under this chapter shall comply with the licensing and regulatory requirements of the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) of 2017 as codified in Cal. Business and Professions Code §§ 26000 et seq. and as may be amended periodically, and regulations issued by the state pursuant thereto.
(B) Commercial cannabis activities permitted under this chapter shall apply for and obtain the appropriate license issued by the state for the type of commercial cannabis business for which a regulatory permit is issued under this subchapter.
(C) Commercial cannabis activities permitted under this subchapter shall also require a business license from the City of San Joaquin.
(Ord. 2021-03, passed 12-7-2021)
§ 154.169 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CANNABIS CULTIVATION FACILITY. Any facility where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or that does all or any combination of those activities, or any facility that produces only clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of cannabis. CULTIVATION as used in this subchapter shall include both CULTIVATION and NURSERY as those terms are defined in Cal. Business and Professions Code § 26001.
CANNABIS DELIVERY. The commercial transfer of cannabis or cannabis products to a customer at their place of residence. Delivery also includes the use by a retailer of any technology platform owned and controlled by the retailer.
CANNABIS DISPENSARY. A facility authorized under this chapter where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers cannabis and cannabis products as part of a retail sale.
CANNABIS DISTRIBUTION FACILITY. A facility used to facilitate the procurement, sale, and transport of cannabis or cannabis products between cannabis facilities and to customers as allowed under this chapter.
CANNABIS DISTRIBUTOR. A person holding a valid commercial cannabis business permit for distribution issued by the city and a valid state license for distribution, as required by state law to engage in the business of purchasing cannabis from a licensed cultivator, or cannabis products from a licensed manufacturer, for sale to a licensed retailer.
CANNABIS MANUFACTURING FACILITY. A facility that produces, prepares, propagates, or compounds manufactured 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 repackages cannabis or cannabis products, or labels or relabels its container.
CANNABIS PRODUCT. Raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, an edible or ingestible product, or a topical product.
CANNABIS TESTING FACILITY. A facility that offers or performs tests of cannabis or cannabis products.
CANNABIS TRANSPORTER. A person or entity that transports or transfers cannabis or cannabis products between cannabis facilities for the purposes of conducting commercial cannabis activity authorized pursuant to this subchapter.
CANOPY. For cannabis cultivation purposes, means all areas occupied by any portion of a cannabis plant, inclusive of all vertical planes, whether contiguous or noncontiguous on any one site. The plant canopy does not need to be continuous on any premises in determining the total square footage which will be subject to tax.
DISTRIBUTOR. A person or facility involved in the procurement, sale, and/or transport of cannabis and cannabis products between permitted or licensed entities.
OWNER. Any of the following:
(1) A person with an aggregate ownership interest of 10% or more in the person applying for a license or a licensee, unless the interest is solely a security, lien or encumbrance;
(2) The manager of a nonprofit or other entity;
(3) A member of the board of directors of a nonprofit;
(4) An individual who will be participating in the direction, control, or management of the person applying for a license. Such an individual includes any of the following:
(a) A general partner of a commercial cannabis business that is organized as a partnership;
(b) A non-member manager or manager of a commercial cannabis business that is organized as a limited liability company;
(c) An officer or director of a commercial cannabis business that is organized as a corporation; or
(d) An individual entitled to a share of at least 10% of the profits of the commercial cannabis business;
(5) Any individual who assumes responsibility for the license; or
(6) When an entity is an owner in a commercial cannabis business, all entities and individuals with a financial interest in the entity shall be disclosed to the city and may be considered owners of the commercial cannabis business. For example, this includes all entities in a multi-layer business structure, as well as the chief executive officer, members of the board of directors, partners, trustees and all persons who have control of a trust and managing members or non-member managers of the entity. Each entity disclosed as having a financial interest must disclose the identities of persons holding financial interests until only individuals remain.
RETAILER or STOREFRONT RETAILER. Shall have the same meaning as that contained in Cal. Business and Professions Code § 26070(a)(1).
TRANSPORTER. Of cannabis, means a person issued all required state and city permits to transport cannabis or cannabis products between permitted facilities.
(Ord. 2021-03, passed 12-7-2021)
§ 154.170 CONDITIONAL USE PERMIT (CUP).
(A) Prior to initiating operations and as a continuing requisite to conducting commercial cannabis activities from a physical location within the city, the persons or legal representative of the persons wishing to conduct commercial cannabis activities shall obtain a conditional use permit (CUP) from the city under the terms and conditions set forth in this chapter and this subchapter.
(B) CUPs are not transferable without prior approval of the city and any attempt to assign or transfer such permits shall render the CUP null and void.
(C) The number and type of commercial cannabis facilities permitted in the city is limited to one retailer or storefront retailer and one cultivation, distribution, or manufacturing business. The City Council may amend the number of such business by resolution.
(D) The holder of a CUP for a testing facility shall not hold a permit for any other cannabis facility or activity for which a conditional use permit is required under this subchapter, shall not own, or have ownership interest in such a facility, and shall not employ an individual who is also employed by any other permittee that does not hold a testing facility regulatory permit.
(E) A separate CUP application shall be made for each type of cannabis facility, i.e. dispensary, cultivation, manufacturing, testing, or distribution facility, for each license classification specified in Cal. Business and Professions Code § 26050; and for each location at which a cannabis facility will operate. An application for a CUP for each type of cannabis facility shall include, but shall not be limited to, the following information:
(1) The legal name, and any other names under which the facility will operate;
(2) The address of the location and the on-site telephone number, if known, of the cannabis facility;
(3) The following information for each owner, officer, director, and manager of the cannabis facility:
(a) Complete legal name and any alias, address, and telephone number;
(b) Date of birth;
(c) Copy of valid government-issued photo identification card or license;
(d) A list of all criminal convictions, other than for traffic infractions;
(e) Copy of LiveScan application; and
(f) A detailed explanation of the owner's, officer's, director's, or manager's involvement with any other cannabis facility, including, but not limited to, the name and address of the cannabis facility.
(4) An operations plan which shall be in conformance with the requirements of this chapter and shall include at minimum:
(a) A list of the names, addresses, telephone numbers, and responsibilities of each owner, officer, director, and manager of the facility;
(b) The hours and days of operation for the facility;
(c) For cannabis dispensary applications only, whether delivery service of cannabis to any location outside the cannabis facility will be provided and the extent of such service;
(d) A site plan and floor plan of the facility to scale, denoting the layout of all areas of the cannabis facility, including, as applicable, storage/warehousing, cultivation, nursery, reception/waiting, dispensing, manufacturing, testing, distribution, and all ancillary support spaces, and the relationship of the facility to adjacent properties and land uses;
(e) A security plan, including lighting, alarms, fencing, and video cameras, to ensure the safety of persons, and to protect the premises from theft, vandalism, and fire. The security plan shall address both interior and exterior areas of the facility and its premises;
(f) The cannabis cultivation and manufacturing procedures to be utilized at the facility, including, as applicable, a description of how chemicals and fertilizers will be stored, handled, and used; extraction and infusion methods; the transportation process; inventory procedures; track and trace program and procedures; quality control procedures; and testing procedures;
(g) Procedures for identifying, managing, and disposing of contaminated, adulterated, deteriorated or excess cannabis product;
(h) Procedures for inventory control to prevent diversion of cannabis to persons or uses not allowed under state law or this chapter, employee screening, storage of cannabis, personnel policies, and recordkeeping procedures;
(i) An odor management plan detailing steps that will be taken to ensure that the odor of cannabis will not emanate beyond the exterior walls of the facility, including as necessary the installation and use of air purification systems and/or air scrubbers;
(j) For cannabis distribution and transportation facilities and distributors and transporters only, procedures for transporting cannabis and cannabis products from cultivation and manufacturing facilities to the distribution center, quality assurance and inspection by the distributor, transportation to and from a cannabis testing facility, and distribution and transportation to a cannabis dispensary;
(k) For cannabis testing facilities only, procedures for testing cannabis and cannabis products for concentration, pesticides, mold, other contaminants, and purity; and
(l) Policies and procedures for adopting, monitoring, implementing, and enforcing all requirements of this chapter.
(5) The name and address of the owner and lessor of the premises and a copy of the lease or other such proof of the legal right to occupy and use the premises and a statement from the owner or agent of the owner of the real property where the facility will be located demonstrating the landowner has acknowledged and consented to permit dispensary, cultivation, distribution, manufacturing, or transportation activities to be conducted on the property by the applicant;
(6) Provide evidence that the proposed location is located beyond at least a 600-foot radius from a school providing instruction in kindergarten or any grades one through 12-day care center, or stand-alone youth center that is in existence at the time the regulatory permit is issued per § 154.172(G);
(7) A statement in writing by the applicant that they will, to the extent allowed by law, give preference in employee hiring to residents of the City of San Joaquin.
(8) The application will not be reviewed and processed unless the applicant pays all required fees for processing the application. The fees for a cannabis CUP application process shall be different than for standard CUP applications. Council will set such fees by resolution; and
(9) A statement in writing by the applicant that they certify under penalty of perjury that all the information contained in the application is complete, true, and accurate.
(F) Background check. Pursuant to Cal. Penal Code §§ 11105(b)(11) and 13300(b)(11), which authorize city authorities to access state and local summary criminal history information for cannabis employment, licensing, or certification purposes and authorizes access to federal level criminal history information by transmitting fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation, every person listed as an owner, investor, manager, supervisor, employee, contract employee or who otherwise works in a cannabis business must submit fingerprints and other information deemed necessary by the Fresno County Sheriffs Department for a background. Pursuant to Cal. Penal §§ 11105(b)(11) and 13300(b)(11), which require that there be a requirement or exclusion from cannabis employment, licensing or certification based on specific criminal conduct on the part of the subject of the record, no person shall be issued a permit to operate a cannabis business or be allowed to work in a cannabis business unless they have first cleared the background check, as determined by the Fresno County Sheriffs Department, as required by this section. A fee for the cost of the background investigation, which shall be the actual cost to the City of San Joaquin to conduct the background investigation as it deems necessary and appropriate, shall be paid at the time the application for a cannabis CUP is submitted. Evidence of a conviction of any of the offenses enumerated in Cal. Business and Professions Code § 26057(b)(4), absent a certificate of rehabilitation, shall be grounds for immediate disqualification of the applicant.
(Ord. 2021-03, passed 12-7-2021)
§ 154.171 COMMUNITY BENEFITS.
(A) The application procedure process shall include a component on community benefits.
(B) Any community benefits that a cannabis business agrees to provide shall be incorporated into the terms and conditions under which the cannabis business will operate with the city's approval, if and when a cannabis business permit is issued. Such terms and conditions shall be in addition to the requirements of this chapter.
(C) Community benefits may include but will not be limited to: in-kind donations; sponsorship of community events; financial support or otherwise, for special community events such as fairs, after school programs, youth centers, Boys and Girls Clubs, and local schools whether public or private; school athletic programs; school clubs; community centers, homeless shelters, senior centers and/or senior living facilities, parks, and recreation programs.
(Ord. 2021-03, passed 12-7-2021)
§ 154.172 CANNABIS FACILITY LOCATIONS.
(A) A cannabis dispensary facility may be located in any commercial or manufacturing zoning district.
(B) A cannabis cultivation facility may be located in any manufacturing zoning district.
(C) A cannabis manufacturing facility may be located in any manufacturing district.
(D) A cannabis testing facility may be located in any commercial or manufacturing zoning district.
(E) A cannabis distribution and transportation facility may be located in any manufacturing zoning district.
(F) A permitted cannabis facility shall operate at a single location only. Multiple buildings on the same or adjacent site may be considered a single cannabis facility operating at a single location.
(G) No cannabis facility shall be located within 600 feet of a school providing instruction in kindergarten or any grades one through 12, day-care center, or youth center that is in existence at the time the regulatory permit is first issued, measured in a straight line from the nearest property line of the school, day care center, or youth center to the closest property line of the lot on which the cannabis is located, without regard to intervening structures.
(H) No person under the age of 21 shall be allowed on the premises of a cannabis business and shall not be allowed to serve as a driver for a mobile delivery service. It shall be unlawful and a violation of this code for any person to employ any person at a cannabis business who is not at least 21 years of age.
(I) The entrance to the cannabis business shall be clearly and legibly posted with a notice that no person under the age of 21 years of age is permitted to enter upon the premises of the cannabis business.
(J) Notwithstanding the above, persons at least 18 years may be allowed on the premises of a cannabis retail business if they can produce a physician's recommendation and/or Cal. Health and Safety Code § 11362.71 identification card (medical marijuana card). In that event, such persons can lawfully purchase cannabis for the sole purpose of addressing the medical need that is the subject of the physician's recommendation.
(K) All cannabis cultivation shall be conducted only in the interior of enclosed structures, facilities and buildings, and all cultivation operations including all cannabis plants at any stage of growth shall not be visible from the exterior of any structure, facility or building containing the cultivation of cannabis.
(Ord. 2021-03, passed 12-7-2021)
§ 154.173 CANNABIS DISPENSARIES.
(A) Cannabis shall be sold, transferred, dispensed, or otherwise distributed to customers only from a licensed retail premises that is a physical location from which commercial cannabis activities are conducted. No sales, transfers, dispensing, or distribution of any kind to the public or customers shall be from a cultivation, manufacturing, distribution, transportation, or testing facility.
(B) A cannabis dispensary may also provide a cannabis delivery service.
(C) Cannabis sales, transfers, dispensing, or distribution to customers shall only occur inside the premises of the cannabis dispensary or retail facility.
(D) No cannabis shall be provided to any customer more than once per day.
(E) There shall be no on-site sales of alcohol or tobacco products, and no on-site consumption of alcohol or tobacco products by patrons or employees.
(F) Patrons must leave the site and not consume cannabis until at home or in an equivalent private location.
(G) Hours of operation shall be limited to Monday through Sunday, 8:00 a.m. to 10:00 p.m., or as further limited by the CUP conditions of approval or state law.
(H) Adult-use retail businesses shall only provide cannabis to an individual in an amount consistent with personal possession and use limits allowed by the state.
(I) A cannabis dispensary must implement an odor control system, approved by the city prior to operation of the dispensary.
(J) The loitering by persons outside the facility, either on the premises or within 100 feet of the premises, is prohibited.
(Ord. 2021-03, passed 12-7-2021)
§ 154.174 CANNABIS DELIVERY.
(A) A cannabis delivery service shall hold a CUP under a cannabis dispensary or on its own and shall not be associated exclusively with a cannabis cultivation, processing, manufacturing, or distribution facility.
(B) A cannabis dispensary or retailer may operate a delivery service subject to the requirements of Cal. Business and Professions Code § 26090.
(C) Cannabis deliveries to customers shall only be made by and from a city-licensed and state-licensed retailer.
(D) Cannabis deliveries to customers shall only be during the normal operating hours of the cannabis dispensary or retailer during which it is open to customers.
(E) Every applicant for a delivery service license shall obtain and maintain in full force and effect a state-approved automobile insurance policy.
(F) Only delivery to persons 21 years of age or over shall be allowed and 18 years of age and older if the customer is a medical patient.
(G) All drivers and anyone accompanying the driver must be at least 21 years of age or over.
(H) No signage on the exterior of the vehicle identifying the vehicle as a cannabis delivery vehicle shall be allowed.
(I) All cannabis delivery service customers are required to be pre-registered with the delivery service prior to receiving deliveries of cannabis.
(J) All cannabis delivery services shall have an approved business license for a cannabis delivery services with the City of San Joaquin.
(Ord. 2021-03, passed 12-7-2021)
§ 154.175 CANNABIS TESTING LABORATORIES.
(A) A cannabis testing laboratory or facility shall have an exclusive CUP and shall not be associated with any other cannabis business in the City of San Joaquin.
(B) A cannabis testing facility shall obtain and maintain ISO/IEC 17025 accreditation and hold a valid state-issued testing laboratory license.
(C) A cannabis cultivation, manufacturing, or dispensing facility may perform on-site testing for the purposes of quality assurance. Such on-site testing is not in lieu of the testing otherwise required by the state.
(D) Testing laboratories may operate 24 hours a day.
(E) A cannabis testing laboratory must implement an odor control system, approved by the city prior to operation of the testing.
(Ord. 2021-03, passed 12-7-2021)
§ 154.176 CANNABIS DISTRIBUTION AND TRANSPORTATION.
(A) Cannabis and cannabis products shall be transported only between permitted cannabis facilities.
(B) The transportation of cannabis and cannabis products shall only be conducted by a person or entity holding a state-issued distribution license.
(C) Distributors may operate 24 hours a day. Operations shall be subject to the provisions of the city's Noise Control Ordinance.
(D) Distributor vehicles shall be unmarked vehicles with no indication that the vehicles are transporting cannabis or cannabis products.
(E) As part of the application and permitting process each distributor shall have a storage and transportation plan, which describes in detail the procedures for safely and securely storing and transporting all cannabis, cannabis products, and any currency.
(Ord. 2021-03, passed 12-7-2021)
§ 154.177 CANNABIS CULTIVATION.
(A) Cultivators may operate 24 hours a day. Operations shall be subject to the provisions of the city's Noise Control Ordinance.
(B) Outdoor cultivation is prohibited. The cultivation of all cannabis must occur indoors or in a fully enclosed greenhouse.
(C) Cannabis plants shall not be visible from a public or private road, sidewalk, park, or any common public viewing area.
(D) Cultivators shall only be allowed to cultivate the square feet of canopy space permitted by state law.
(E) Cannabis cultivation shall be conducted in accordance with state and local laws related to land conversion, grading, electricity, water usage, water quality, woodland and riparian habitat protection, agricultural discharges, and similar matters.
(F) Pesticides and fertilizers shall be properly labeled and stored to avoid contamination through erosion, leakage or inadvertent damage from pests, rodents, or other wildlife.
(G) The cultivation of cannabis shall at all times be operated in such a way as to ensure the health, safety, and welfare of the public, the employees working at the cultivation site, visitors to the area, neighboring properties, and the end users of the cannabis being cultivated; to protect the environment from harm to streams, fish, and wildlife; to ensure the security of the cannabis being cultivated; and to safeguard against the diversion of cannabis.
(H) A permitted cultivator shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannabis or cannabis products and to deter and prevent the theft of cannabis and cannabis products at the commercial cannabis business.
(I) A cannabis cultivation facility must implement an odor control system, approved by the city prior to operation of the facility.
(Ord. 2021-03, passed 12-7-2021)
§ 154.178 CANNABIS MANUFACTURING.
(A) A cannabis manufacturer may operate between 7:00 a.m. and 9:00 p.m. Operations shall be subject to the provisions of the city's Noise Control Ordinance.
(B) A hazard analysis plan or equivalent document must be submitted and approved by the Fresno County Fire Department prior to operation of a cannabis manufacturing facility.
(C) All manufacturing of medical and adult-use cannabis shall occur in an enclosed locked structure.
(D) From a public right-of-way, there should be no exterior evidence of the manufacturing of cannabis or manufactured cannabis except for any signage authorized by this code.
(E) A manufacturing site, all operations conducted therein, and all equipment used must be in compliance with all applicable state and local laws, including all building, electrical, and fire codes.
(F) A cannabis manufacturing facility must implement an odor control system, approved by the city prior to operation of the facility.
(Ord. 2021-03, passed 12-7-2021)
§ 154.179 CANNABIS RECORDS.
(A) Cannabis facilities shall maintain accurate records of commercial cannabis activity and an inventory control and reporting system that accurately documents the present location, amounts, and descriptions of all cannabis and cannabis products throughout the distribution chain until purchase by or distribution to a customer. The records management and inventory control and reporting systems shall comply with the records management requirements of Cal. Business and Professions Code §§ 26160 through 26162.5 and the track and trace program requirements of Cal. Business and Professions Code §§ 26067 through 26069.9, and regulations issued pursuant thereto.
(B) Cannabis facilities shall have an electronic point-of-sale system that produces historical transactional data for review by the City Manager or designee for compliance and auditing purposes.
(C) Each cannabis facility shall maintain at the premises all records and documents required by applicable state law or regulation.
(D) Complete and up-to-date records regarding the amount of cannabis cultivated, produced, manufactured, harvested, stored, distributed, delivered, packaged, or sold at each cannabis facility.
(Ord. 2021-03, passed 12-7-2021)
§ 154.180 COMMUNITY RECORDS.
Each cannabis facility shall provide the City Manager or designee with the name, telephone number, and e-mail address of an on-site community relations or staff person or other representative to whom the city can provide notice if there are operating problems associated with the cannabis facility or refer members of the public who may have any concerns or complaints regarding the operation of the cannabis facility. Each cannabis facility shall also provide the above information to all businesses and residences located within 100 feet of the cannabis facility.
(Ord. 2021-03, passed 12-7-2021)
§ 154.181 INSPECTIONS AND ENFORCEMENT.
(A) The City Manager, Police Chief, or their designees shall have the right to enter all cannabis facilities periodically unannounced during the facility's hours of operation for the purpose of making reasonable inspections to observe and enforce compliance with this chapter, to inspect and copy records required to be maintained under this chapter, or to inspect, view, and copy recordings made by security cameras, all without requirement for a search warrant, subpoena, or court order.
(B) Operation of a cannabis facility in noncompliance with any conditions of approval or the provisions of this chapter shall constitute a violation of this municipal code and shall be enforced pursuant to the provisions of this code.
(C) The City Manager or designee may summarily suspend or revoke a cannabis conditional use permit if any of the following, singularly or in combination, occur:
(1) The City Manager or designee determines that the cannabis facility has failed to comply with any requirement of this chapter or any condition of approval;
(2) The cannabis facility has conducted itself or is being conducted in a manner that creates or results in a public nuisance;
(3) The cannabis facility ceased operations for more than 90 calendar days; or
(4) The cannabis facility fails to allow inspection or copying of the security recordings, activity logs and records, or any other aspect of the business.
(Ord. 2021-03, passed 12-7-2021)
§ 154.190 PURPOSE.
The purpose of this subchapter is to permit home occupations as an accessory use in a dwelling unit under specified standards, conditions, and criteria to ensure said home occupations are compatible with, and do not have an adverse effect on, adjacent and nearby residential properties, uses, infrastructure, and services.
(Ord. 2021-03, passed 12-7-2021)
§ 154.191 APPLICATION.
A zoning clearance letter is required for each home occupation, pursuant to the provisions of § 154.019. A zoning clearance letter to conduct a home occupation at a particular address is not transferable from one party to another, nor may the type of business be modified. A new zoning clearance letter must be obtained for each new home occupation.
(Ord. 2021-03, passed 12-7-2021)
§ 154.192 CRITERIA FOR GRANTING A HOME OCCUPATION.
Home occupations must be located and operated consistent with the standards of this code.
(A) Only one home occupation per home is permitted.
(B) Appearance. The residential appearance of the unit within which the home occupation is conducted shall be maintained, and no exterior indication of a home occupation is permitted.
(C) Structural modification limited. No structural modifications shall be made to create features not customary in dwelling units.
(D) Floor area. The space exclusively devoted to the home occupation, including associated storage, shall not exceed 25% of the dwelling unit floor area.
(E) Traffic and parking. Home occupations shall not generate a volume of passenger or commercial traffic that is inconsistent with the normal level of traffic on the street on which the dwelling unit is located, or which creates the need for additional parking spaces, or involves deliveries to or from the premises in excess of that which is customary for a dwelling unit.
(F) Equipment. Home occupations involving mechanical or electrical equipment which is not customarily incidental to domestic use shall not be permitted.
(G) Cottage food preparation. Cottage food preparation is permitted subject to compliance with Chapter 156 of this code.
(H) Hazardous materials. Activities conducted and equipment or materials used shall not change the fire safety or occupancy classifications of the premises, nor use utilities different from those normally provided for a residential use. There shall be no storage or use of toxic or hazardous materials other than types and quantities customarily found in connection with a dwelling unit.
(I) Nuisances. Home occupations shall be conducted such that no offensive or objectionable noise, dust, vibration, smell, smoke, heat, humidity, glare, refuse, radiation, electrical disturbance, interference with communication transmissions, interference with radio or television reception, or other hazard or nuisance is perceptible at or beyond any lot line of the property within which the home occupation is conducted.
(J) Signage. A maximum of one window or wall sign is permitted. Signs shall not exceed two square feet and shall be visually compatible with the building and surrounding neighborhood. Freestanding or illuminated signage is not permitted.
(Ord. 2021-03, passed 12-7-2021)
§ 154.200 PURPOSE.
(A) Certain types of adult-oriented businesses possess characteristics that may be determined to be objectionable, and, when concentrated, may be found to have a deleterious effect upon adjacent areas. Therefore, special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood nor create an adverse effect on minors. This subchapter ensures adult-oriented businesses do not have adverse effects on surrounding neighborhoods, uses, or areas such as impacts to property values, vacancy rates, or quality of life.
(B) It is neither the intent nor the effect of this subchapter to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent nor the effect of this chapter to restrict or deny access by adults to communication materials or to deny access by the distributors or exhibitors of adult businesses to their intended market.
(C) Nothing in this subchapter is intended to authorize, legalize, or permit the establishment, operation or maintenance of any business, building, or use which violates any city ordinance or any statute of the State of California regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof.
(Ord. 2021-03, passed 12-7-2021)
§ 154.201 APPLICATION.
Before any building or structure for an adult business is erected, or any adult business is established the applicant must file an application for a CUP and (A) meet all conditions set forth in this subchapter and in the general provisions for CUPs which are required to be complied with before commencement of business shall be satisfied; and (B) all other applicable regulations to the proposed site for the adult business shall be satisfied.
(Ord. 2021-03, passed 12-7-2021)
§ 154.202 CRITERIA FOR GRANTING CUP.
Where an adult-oriented business is conditionally permitted by the zoning district regulations, the Planning Commission, or City Council upon appeal, may approve a conditional use permit only if it finds that the proposed facility or use complies with the regulations specified in this subchapter. Reasonable conditions may be imposed, such as limitation on hours of operation, exterior lighting, display materials, and other similar conditions, as may be necessary to protect the public health, safety, and welfare.
(Ord. 2021-03, passed 12-7-2021)
§ 154.203 STANDARDS.
(A) Adult businesses shall comply with all applicable state and federal laws in addition to the following development and operational standards.
(1) Location. Adult-oriented businesses shall be located:
(a) At least 600 feet from any residential zoning district;
(b) At least 600 feet from any existing educational institution such as schools, nursery, or child-care facilities, religious or cultural institutions, libraries, or community centers;
(c) At least 600 feet from any existing or planned park, playground, or other recreational facility where minors congregate; and
(d) At least 600 feet from another adult-oriented business and any alcohol sales or cannabis dispensaries.
(2) The distances set forth above shall be measured in a straight line, without regard to intervening structures, as a radius from the primary entrance of the adult business to the closest property line of the other use.
(B) Hours of operation for the adult business shall be limited to the hours between 8 a.m. and 9 p.m. Sunday through Thursday, and between 8 a.m. and 10 p.m. on Friday and Saturday.
(C) No adult-oriented business shall be operated in any manner that permits the observation of any material or activities depicting, describing, or relating to specified sexual activities or anatomical areas from any public way or from any location outside the building or area of such establishment. This provision shall apply to any display, decoration, sign (exterior and interior), show window or other opening. No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times. Such opaque covering shall be subject to review and approval by the City Manager or designee for aesthetic compatibility with surrounding uses. Permanent barriers shall be installed and maintained to screen the interior of the premises from public view for each door used as an entrance/exit to the business.
(D) All off-street parking areas and building entries serving the adult-oriented business shall be illuminated from dusk until at least on hour after close of operations with a lighting system which provides a minimum of one foot-candle of light maintained evenly across the parking surface and/or walkway.
(E) Display. No adult-oriented business shall display or exhibit any material in a manner which exposes to the public view photographs or illustrations of specified sexual activities or naked adults in poses which emphasize or direct the viewer's attention to the subject's genitals. Adult newsracks are subject to this limitation.
(F) Security program. An on-site security program shall be prepared and implemented as follows:
(1) Exterior lighting. All off-street parking areas and building entries serving an adult business shall be illuminated during all hours of operation with a minimum maintained horizontal illumination of one foot-candle of light on the parking surface and/or walkway.
(2) Interior lighting. All interior portions of the adult business, except those devoted to minimotion or motion pictures, shall be illuminated during all hours of operation with a lighting system that provides a minimum maintained horizontal illumination of not less than two foot-candles of light on the floor surface.
(3) Security guards. Security guards for adult businesses may be required if it is determined by the Fresno Police Department that their presence is necessary in order to prevent any unlawful conduct from occurring on the premises.
(G) Site conditions.
(1) Facade. For existing buildings, pictures of the building(s) must be provided to the city upon submittal of a conditional use permit application. The exterior of the building(s) may be required to be repainted and repaired if needed.
(2) Landscaping. The site shall comply with all landscaping requirements in place at the time of application.
(3) Litter. The exterior, including all signs and accessory buildings and structures, shall be maintained free of litter at all times. The owner or operator shall provide for daily removal of trash, litter, and debris from premises and on all abutting sidewalks within 20 feet of the premises.
(4) Graffiti. The owner or operator shall remove graffiti within 48 hours.
(H) Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EXPOSES TO PUBLIC VIEW. Exposes to the view of persons outside the building in which such adult entertainment facility is located.
SPECIFIED ANATOMICAL AREAS. Less than completely and opaquely covered:
(a) Mature human genitals;
(b) Mature human buttock;
(c) Mature human female breast below a point immediately above the top of the areola; or
(d) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES.
(a) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: analingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism or zooerasty;
(b) Clearly depicted human genitals in a state of sexual stimulation, arousal, or tumescence;
(c) Use of human or animal masturbation, sodomy, oral copulation, coitus, or ejaculation;
(d) Fondling or touching of nude human genitals, pubic region, buttocks, or female breast;
(e) Masochism, erotic or sexually oriented torture, beating, or infliction of pain;
(f) Erotic or lewd touching, fondling, or other contact with an animal by a human being;
(g) Human excretion, urination, menstruation, vaginal, or anal irrigation in the context of a sexual relationship; or
(h) Any combination of the above items (a) through (g).
(I) Adult-oriented business types. Adult-oriented businesses include but are not limited to the following types of businesses.
(1) Adult newsrack. Any coin-operated machine or device that dispenses material substantially devoted to the depiction of "specified sexual activities" or "specified anatomical areas."
(2) Adult bookstore. Any building, or portion thereof, where space devoted to adult material composes 25% or more or 500 square feet, whichever is less, of any one or more of the following:
(a) Wall space; and/or
(b) Any display area other than wall space (e.g., tables, racks, and/or any other display areas or structures) or stock in trade (inventories not on display, but on site).
(3) Adult entertainment facility. An adult newsrack, adult bookstore, adult motion picture theater, adult hotel or motel, adult motion picture arcade, cabaret, model studio, sexual encounter center, or any other sex business, or any combination of two or more of such uses.
(4) Adult motion picture arcade. Any place to which the public is permitted or invited wherein coin- or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images where the images so displayed are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas."
(5) Adult motion picture theater. A building or portion thereof, or area, whether open or enclosed, used for presenting material in the form of motion picture film, videotape, or other means which is substantially devoted to the depiction of "specified sexual activities" or "specified anatomical areas" for observation by persons therein.
(6) Adult novelty store. A building, or portion thereof, in which 25% or more of the display area for devices, instruments, or paraphernalia is used for the distribution, sale, offer for sale and/or rental or offer for rental of any device, instrument, or paraphernalia evidently designed or marketed for sexual stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others. Such devices, instruments, or paraphernalia include, but are not limited to, phallic-shaped vibrators, dildos, muzzles, whips, chains, bather restraints, racks, non-medical enema kits, body-piercing implements (excluding earrings or other decorative jewelry) or other evident tools of sadomasochistic abuse.
(7) Adult video store. A building, or portion thereof, in which 25% or more of any one or more of the following: wall space or any display area other than wall space (e.g. tables, racks, and/or any other display areas or structures) or stock in trade (inventories not on display but on site) or gross revenues or advertising and other promotion of video, video cassettes, slides, tapes, films, compact discs, Blu-ray, and the like, motion pictures in which 25% or more of the description, display time, or depiction is devoted to the presentation of "specified sexual activities" or "specified anatomical areas" as defined in this subchapter.
(8) Cabaret. A nightclub, theater, or other establishment which features live performances by topless and/or bottomless dancers, "go-go" dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas."
(9) Model studio. Any business where, for any form of consideration or gratuity, figure models who display "specified anatomical areas" are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity. This does not include accredited educational institutions which may employ models in fine art courses.
(10) Sexual encounter center. Any business, agency, or person who, for any form of consideration or gratuity, provides a place where two or more persons, not all members of the same family, may congregate, assemble, or associate for the purpose of engaging in "specified sexual activities" or exposing "specified anatomical areas."
(11) Other sex business. Any other business or establishment which offers its patrons goods, services, or entertainment, or any combination thereof, characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas," including such types of business known as adult dance studios, men's social clubs, and music studios which meet such definition.
(Ord. 2021-03, passed 12-7-2021)
§ 154.210 LOCATION.
An emergency shelter or multi-service center for homeless individuals shall be permitted on any parcel within the Manufacturing (M) Zoning District. Each facility shall comply with all required development and operational standards of the zoning district in which it is located.
(Ord. 2021-03, passed 12-7-2021)
§ 154.211 STANDARDS.
In addition to the development and operational standards of the underlying zoning district, each emergency shelter shall comply with the following standards:
(A) Compliance with applicable state and federal licensing, standards, and requirements;
(B) Compliance with applicable state and local uniform housing and building code requirements;
(C) Physical characteristics.
(1) The facility shall have on-site security during all hours when the shelter is open;
(2) The facility shall have exterior lighting on all pedestrian pathways and parking lot areas on the property. Lighting shall reflect away from residential areas and public streets; and
(3) Facilities shall provide secure areas for personal property;
(D) Location. There shall be a minimum of 300 feet between emergency shelters;
(E) Length of stay. The length of stay of an individual client shall not exceed six months within a 12-month period; days of stay need not be consecutive;
(F) Parking. Emergency shelters shall provide on-site parking at a rate of one space per employee plus one space per six occupants or beds allowed at the maximum occupancy. A covered and secured area for bicycle parking shall be provided for use by staff and clients, commensurate with demonstrated need, but no less than a minimum of one bike parking space per every three beds;
(G) Support services. Emergency shelters that provide support services shall allocate sufficient areas on site, and properly enclosed within the building. Support services include, but are not limited to, the following:
(1) Food preparation and dining areas;
(2) Laundry facilities;
(3) Restrooms and showers; and
(4) Areas to secure and store client belongings; and
(H) Management and operating plan. The applicant or operator shall submit a management and operation plan for the emergency shelter for review and approval by the Planning Department in consultation with the Sheriff in conjunction with the site plan review application and/or prior to the issuance of permits.
(1) The plan shall remain active throughout the life of the facility, with any changes subject to review and approval by the City Manager or designee in consultation with the Sheriff.
(2) The plan shall include a floor plan that demonstrates compliance with the physical standards of this chapter.
(3) The plan shall be based on "best practices" and address at a minimum, management, security, client supervision, client services, and food services. The plan should also include a client code of conduct, ratio of staff to clients, eligibility and intake and check out process, detailed hours of operation, ongoing outreach plan to local homeless population, and participation in data collection for the Fresno Madera Counties Continuum of Care Point-in-Time Report.
(4) The city may inspect the facility at any time for compliance with the facility's management and operation plan and other applicable laws and standards.
(Ord. 2021-03, passed 12-7-2021)
§ 154.220 PURPOSE.
(A) This subchapter provides requirements and incentives for the development of affordable housing units in conjunction with other residential and mixed-use projects and commercial projects in partnership with affordable housing providers as required under state law. These provisions are intended to implement General Plan policies encouraging the production of affordable housing for all economic groups, and housing for disabled and older residents, transitional foster youth, disabled veterans, and homeless persons, all of which is integrated, compatible with and complements adjacent uses, and is located near public and commercial services.
(B) The incentives offered in this chapter are used by the city as one means of meeting its commitment to encourage housing affordable to all economic groups, and to meet its regional fair share requirements for the construction and rehabilitation of housing affordable to very low, low, moderate, and above moderate-income persons.
(C) This subchapter shall be interpreted in a manner supplementary to and consistent with Cal. Gov't Code Title 7, Division 1, Chapter 4.3 §§ 65915 to 65918, as amended (State Density Bonus Law).
(Ord. 2021-03, passed 12-7-2021)
§ 154.221 APPLICABILITY.
(A) This subchapter shall apply to the following:
(1) The construction of all residential units;
(2) Common interest development (i.e., condominiums) created through the conversion of existing residential units that were not subject to the city's affordable housing requirement at the time of construction;
(3) A residential or mixed commercial/residential development including a childcare facility that will be located on the premises of, as part of, or adjacent to, such a housing development, under Cal. Gov't Code § 65915.
(4) Commercial development projects, as may be applicable to obtain development bonuses under Cal. Gov't Code § 65915.7, where the developer of a commercial project has entered into an agreement for partnered housing with an affordable housing developer and provides affordable housing through a joint project or through two separate projects encompassing affordable housing.
(B) Exemptions. The provisions of this subchapter shall not be applicable to the following:
(1) A solitary new single-family dwelling or the replacement of one single-family dwelling with another single-family dwelling; and
(2) Accessary dwelling units and junior accessory dwelling units.
(Ord. 2021-03, passed 12-7-2021)
§ 154.222 PROCESSING DENSITY BONUS APPLICATION.
(A) The application for a density bonus and/or concessions shall be processed concurrently with the underlying land use permit and entitlement application and in accordance with the procedures set forth in this chapter. In addition to any other applicable application requirements, the application shall be completed on a form supplied by the Planning Department.
(B) Review authority. A request for density bonus or incentive shall be reviewed concurrently with and by the same review authority as the underlying application for land use permits and entitlements.
(C) Affordable unit requirement. Projects subject to this chapter shall permanently set aside the following number of units as affordable to and reserved for very low, low, and moderate-income households as determined by eligibility requirements and a rental and sales price schedule established annually by Council resolution. Unless otherwise noted, such "inclusionary” units provided shall be of comparable size and finish quality to the non-inclusionary units.
(1) Multi-family projects of ten or fewer units: one affordable unit.
(2) Projects of 11 units or more: 20% of the unit count.
(3) For mixed-use projects, applicants are permitted to choose their residential base unit count, provided it complies with the applicable FAR or density limitations and any size limitations for habitable units in the Building Code (and all other applicable standards that could limit the size or number of units).
(D) Common interest development conversions. If the existing residential units to be converted to a common interest development include rental inclusionary housing units, the inclusionary units shall be sold as ownership affordable units, or upon approval from the city can be retained as affordable rental units.
(1) If the city authorizes the affordable rental units to be retained, the owners shall record a covenant guaranteeing the affordability of the rental units and waiving certain rights granted by state law (Cal. Gov't Code § 7060 et seq.) for the life of the project.
(2) If the units are to be sold to targeted income groups, the owners shall record a covenant restricting future sales prices to levels affordable to the targeted income group.
(E) Affordable unit size, type, and location.
(1) Inclusionary and density bonus units shall have the same number and type of appliances as non-inclusionary units. The exterior of inclusionary units shall be of the same appearance, finished quality and materials as the non-inclusionary units and shall be indistinguishable from the non-inclusionary units.
(2) Inclusionary and density bonus units shall be reasonably dispersed throughout the project, shall contain on average the same number of bedrooms as the non-inclusionary units in the project, and shall be comparable with the non-inclusionary units in terms of appearance, finished quality, and materials as approved by the review authority.
(3) While the intent is for inclusionary and density bonus units to be dispersed throughout the project as much as possible, inclusionary units may be clustered within a building if the review authority, or City Manager as a minor administrative modification of an approved development, determines that such clustering results in the creation of more affordable units than would otherwise be provided, or provides a documented public benefit, or due to circumstances unique to the project size, location or design otherwise better serves the affordable housing needs of the city.
(F) When only one affordable dwelling unit is constructed, it may be allocated for a very low, low, or moderate-income household. When two or more affordable units are constructed, the units shall be allocated alternately with the first unit allocated for a low or very low-income household and the second allocated for a moderate-income household, alternating between low or very low, and moderate-income until all units are assigned a level of affordability.
(Ord. 2021-03, passed 12-7-2021)
§ 154.223 AFFORDABLE HOUSING FEES.
(A) In-lieu fee. Developers of residential projects with ten or fewer units may choose to pay a fee in-lieu of providing the required affordable unit on-site.
(B) Amount of fee. The amount of the in-lieu fee shall be calculated in compliance with the Council's fee schedule.
(C) Timing of payment. The fee required by this section shall be paid before issuance of a building permit for the approved project.
(D) Basis for the fee. Fees paid to fulfill the requirements of this section shall be computed based on the number and size of the units to be constructed. Unit size shall be gross livable floor area, including private balconies, decks, and patios.
(E) Affordable Housing Trust Fund. Fees paid to fulfill the requirements of this chapter shall be placed in the city's Affordable Housing Trust Fund. The funds shall be used exclusively for projects which have a minimum of 60% of the dwelling units affordable to low- and moderate-income households, with at least 20% of the units available to low-income households. Only tax-exempt nonprofit corporations seeking to create or preserve the housing in the city shall be eligible to apply to the Council for funding. The funds may, at the discretion of the Council, be used for predevelopment costs, land or air rights acquisition, administrative costs, gap financing, or to lower the interest rate of construction loans or permanent financing. In a project that includes market-rate units, trust fund monies shall only be provided to assist in the acquisition and construction of those units affordable to low- and moderate-income households.
(Ord. 2021-03, passed 12-7-2021)
§ 154.224 AFFORDABLE HOUSING INCENTIVES.
This section provides density bonuses for specified housing projects and commercial projects that are affiliated with on-site or off-site affordable housing projects. The provided affordable units qualifying a project for a bonus shall be made permanently affordable to and reserved for households at the income levels qualifying the project for the bonus.
(A) Basis for bonus. In order to encourage the construction of housing affordable to very low-, low-, and moderate-income persons, transitional foster youth, disabled veterans, and homeless persons, and the replacement of residential rental units lost through new construction, density bonuses shall be allowed in compliance with this section.
(B) Replacement affordable units. Replacement of affordable units through demolition or renovation of an existing residential structure on the same site shall be regulated as follows:
(1) If any affordable units are occupied at the date of application, the project shall provide at least the same number of equivalent units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same lower income category as those households in occupancy.
(2) If any affordable dwelling units have been vacated or demolished within the five-year period preceding the application, the proposed replacement project shall provide at least the same number of affordable units of equivalent size as existed at the highpoint of those units in the five-year period preceding the application to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those persons and families in occupancy at that time, if known.
(3) If the income category of the last household in occupancy, or of the persons or families in occupancy at the high point, is not known, it shall be presumed that lower-income renter households occupied these units in the same proportion of lower-income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development's comprehensive housing affordability strategy database.
(4) The replacement affordable units shall be made available at affordable rent or affordable housing cost to, and occupied by, persons or families in the same or lower income category as the occupancy that determines the replacement requirement.
(5) The affordable replacement units shall be subject to a recorded affordability restriction.
(6) The affordable replacement units shall be counted towards the affordable units provided for purposes of calculating the density bonus.
(C) Density bonus. As provided by state law, projects not utilizing the in-lieu fee may apply for housing density bonuses up to a maximum of 35%. Density bonuses shall be subject to the following:
(1) Density bonus calculations.
(a) For the purposes of calculating the permitted housing bonus in residential zones, "density" shall refer to the maximum limit of dwelling units allowable in the zone in which the project is located. The density bonus may result in more market rate units than would otherwise be permitted by the zone. The base number of units used to calculate the bonus does not include units added by a density bonus awarded pursuant to this section.
(b) For the purposes of calculating the permitted housing bonus in commercial zones, "density" shall refer to the maximum floor area ratio ("FAR") permitted in the zone in which the project is located, inclusive of applicable mixed-use bonuses. Because these projects are in the commercial zone, the FAR is not translated into a unit count for purposes of calculating the density bonus. In the commercial zones, the affordable housing density bonus authorized under this section shall only be used to increase the residential floor area of the project (unless otherwise authorized by Cal. Gov't Code § 65915.7). In such event, the base FAR may be combined with any available mixed-use bonus to determine the density from which the affordable bonus will be calculated. Any other applicable bonus (e.g,, green building senior housing and the like) shall be added after the affordable housing density bonus calculation.
(c) Any density calculation, including base density and bonus density, that results in a fractional number shall be separately rounded up to the next whole number.
(2) Density bonuses permitted. The amount of density bonus granted shall be based on the following table:
Unit Type | Minimu m % of Units | Density Bonus Granted | Addition al Bonus for each 1% Increase in Units |
Very low-inco me | 5% | 20% | 2.5% |
Low-inco me | 10% | 20% | 1.5% |
Moderat e-income | 10% | 5% | 1% |
Units for transition al foster youth, disabled veterans, or homeless persons, as those terms are defined in Cal. Gov't Code § 65915, provided at the same affordabil ity level as very low income units for 55 years. | 10% | 20% (of the same type of unit giving rise to the density bonus) | N/A |
(3) A density bonus for a land donation for a childcare center or construction of a childcare centers shall be provided as set forth in Cal. Gov't Code § 65915.
(4) All affordable units shall be constructed on-site.
(D) Concessions. In compliance with state law, projects that request a density bonus to provide on-site affordable housing (and commercial projects that partner with affordable housing developers and provide at least 30% of the total units for low-income households or at least 15% of the total units for very low-income households authorized by Cal. Gov't Code § 65915.7) are eligible for concessions as follows. The number of available concessions may be combined from different categories below for a maximum of three concessions per project.
(1) Number of concessions.
Number of Concessions Permitted | |
5% very low, 10% low, or 10% moderate | 1 |
10% very low, 20% low, or 20% moderate | 2 |
15% very low, 30% low, or 30% moderate | 3 |
(2) Available residential concessions. The following concessions may be requested:
(a) Ten percent (10%) reduction in the minimum rear yard setback; or
(b) Ten percent (10%) reduction in the minimum front yard setback; or
(c) Ten percent (10%) reduction in the minimum side yard setback on one side; or
(d) Ten percent (10%) reduction in total common open space required; or
(e) Ten percent (10%) reduction in private open space for up to 50% of the units; or
(f) An additional story, not to exceed ten feet of the total project height.
(3) Concessions may be denied by the review authority if one of the following findings can be made, based on substantial evidence:
(a) The concession does not result in identifiable and actual cost reduction to provide affordable housing costs;
(b) The concession would have a specific adverse impact on public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources; or
(c) The concession would be contrary to state or federal law.
(E) Parking incentives.
(1) Density bonus housing developments shall be granted the following parking space requirements when requested by the developer, inclusive of handicapped spaces, which shall be granted to all units in the development:
Number of Bedrooms | Required Parking Spaces Per Unit1 2 |
0 to 1 bedroom | 0.5 |
2 to 3 bedrooms | 1.0 |
4 or more bedrooms | 2.0 |
1 If the total number of spaces required results in a fractional number, it shall be rounded up to the next whole number. A development project may provide on-site parking through a tandem and/or uncovered parking configuration. 2 If a residential or mixed residential/commercial development project includes any of the following, then, upon the request of the developer, a parking ratio not to exceed 0.5 spaces per unit shall apply to the residential portion of the development regardless of the number of bedrooms included in any unit: (a) Required (no in-lieu payment) percentage of low, very low-income units; (b) A minimum 10% transitional foster youth, veteran, or homeless persons units; (c) Provides for-rent housing for individuals who are 62 years of age or older; or (d) Is a special needs housing development and is located within one-half mile of a major transit stop where there is unobstructed access to a major transit stop from the development. | |
(2) Guest parking shall not be required for projects utilizing the affordable housing bonus provided in this section.
(F) Available commercial concessions. In addition to the other bonus and residential concessions provided in this chapter, commercial development projects that partner with affordable housing developers and provide at least 30% of the total units for low-income households or at least 15% of the total units for very low-income households in accordance with Cal. Gov't Code § 65915.7 are eligible for the following that is mutually agreed upon by the applicant and review authority:
(2) Up to 20% increase in allowable floor area ratio;
(3) Up to 20% increase in maximum height requirements;
(4) Up to 20% reduction in minimum parking requirements;
(5) Use of a limited use/application elevator for upper floor accessibility; and
(6) An exception to a zoning ordinance or other land use regulation.
(Ord. 2021-03, passed 12-7-2021)
§ 154.225 IMPLEMENTATION OF DENSITY BONUS AND INCLUSIONARY UNIT PROVISIONS.
(A) Resolution of approval. The resolution approving a development permit for any project which provides inclusionary units shall specify the following items:
(1) The density bonus being provided;
(2) Whether an in-lieu fee is required;
(3) The number and square footage of inclusionary units to be provided;
(4) The number and square footage of units at each applicable sales price or rent level, and the number of parking spaces provided to each unit; and
(5) A list of any other concessions, reductions or waivers approved by the city.
(B) Fee. If an in-lieu fee is required, the fee shall be pursuant to the amount listed in the San Joaquin Master Fee Schedule and shall be paid at the current rate before any building permit is issued for the project.
(C) Agreements. All projects that provide inclusionary units and/or use a density bonus, concession or waiver under this chapter shall execute and record the city's agreement imposing restrictions on real property before any building permit will be issued for the project. The agreement shall explain the affordability restrictions and requirements in clear and precise terms.
(D) Construction schedule. All inclusionary affordable units in a market-rate development shall be constructed concurrently with or before the construction of the non-inclusionary units.
(E) Phasing. In the event a phased project is approved by the city, required affordable units shall be provided proportionally within each phase. (F) Occupants. New inclusionary affordable units shall be occupied in the following manner:
(1) If residential rental units are being demolished and the existing tenants earn very low-, low-, or moderate-incomes and meet all qualifying requirements, the tenants shall be given the right of first offer to occupy the new affordable units;
(2) If there are no qualified tenants, or if the qualified tenants choose not to exercise the right of first offer, or if no demolition of residential rental units occurs, then qualified tenants shall be selected from the city's inclusionary housing waiting list; or
(3) If the new inclusionary unit is a sales unit and the existing tenants decline the unit or are not qualified applicants, the city shall conduct a lottery to select qualified prospective buyers.
(Ord. 2021-03, passed 12-7-2021)
§ 154.226 RENTAL, SALE, AND RE-SALE OF INCLUSIONARY AND AFFORDABLE UNITS.
Any affordable unit provided to fulfill a requirement of this chapter shall be permanently reserved for and occupied by qualified households meeting the affordable income requirement specified for the unit in the resolution of approval, agreement imposing restrictions on real property, and all other eligibility requirements. Eligibility requirements and a rental and sales price schedule for very low-, low-, and moderate-income households shall be established annually by Council resolution. Newly constructed inclusionary units shall first be offered to eligible households displaced by the demolition necessary to construct the project.
(A) Rental of units.
(1) If units are offered for rent, the project owner or developer shall rent the units directly to the required number of very low-, low- and moderate-income households at the rental rate established by Council resolution.
(2) The rental rate shall include charges for the unit, parking, pets, water and trash, and all building amenities, unless otherwise specified in the resolution of approval.
(3) A security deposit equal to the greater of one month's rent or $500 can be required.
(4) A pet deposit may be in addition to the security deposit but cannot exceed 25% of the security deposit.
(B) Limitations on purchasers and sales prices.
(1) The sale and resale of affordable units constructed for purposes of using a state density bonus shall be in accordance with Cal. Gov't Code § 65915(c)(2).
(2) All purchasers of inclusionary units shall meet the city's income guidelines for the income range targeted for that unit. Proof of income eligibility shall be submitted to the City Manager. Resale of units shall require that the City Manager or designee first verify the purchaser as very low-, low-, or moderate-income. This requirement shall be included in the recorded covenant.
(3) Newly constructed inclusionary units shall first be offered to eligible very low-, low- and moderate-income households displaced by the demolition necessary to construct the project; then the offer shall be made to other very low-, low-, or moderate-income displaced households in the city.
(4) In a building undergoing conversion to common interest development, an equal number of units in the resulting development as the existing project shall be offered to very low-, low-, and moderate-income households.
(5) Lower income inclusionary units shall be sold at a price that is no more than two and one-half times 65% of the median income of the city and adjusted by the "bedroom factor." Qualifying income levels shall be established annually by the City Council.
(6) Moderate-income inclusionary units shall be sold at a price that is no more than two and one-half times the median income of the city. Qualifying income levels shall be established annually by the City Council.
(7) The sales price of the inclusionary unit is dependent on the unit size established annually by the City Council.
(8) Expected homeowners' association fees shall be included in the calculation of total unit costs.
(C) Right of first refusal. After offering the units to eligible households displaced by demolition, the developer of a project shall be required to give right of first refusal to purchase any or all inclusionary units to the city, or a city-designated agency or organization, for at least 60 days from the date of construction completion.
(D) Lottery. If the city chooses not to exercise its right of first refusal, it shall conduct a lottery to establish a list of eligible purchasers within that same time period. If the list is not provided, the developer may select the low- or moderate-income purchasers as long as the city verifies income eligibility, and the units are sold at a price no more than two and one-half times the median income for the city.
(E) Resale of units. Upon resale, the affordable units shall remain affordable to the targeted income group. The resale price shall be set as follows. The price resulting from the total costs, including homeowners' association fees, shall be:
(1) Moderate-income units: a total cost of no more than two and one-half times the median income for the city, for moderate income households.
(2) Lower-income units: a total cost of no more than two and one-half times 65% of the median income for the city for low income households.
(3) The sales price of the inclusionary unit is dependent on the unit size.
(4) Expected homeowners' association fees shall be included in the calculation of total unit costs.
(Ord. 2021-03, passed 12-7-2021)
§ 154.235 PURPOSE.
The purpose and intent of this chapter is to meet the requirements of state law as it pertains to accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs). This section recognizes that properly designed ADUs and JADUs can provide an important source of affordable housing for the city.
(Ord. 2021-03, passed 12-7-2021)
§ 154.236 APPLICABILITY/PERMITTED LOCATIONS.
Accessory dwelling units are allowed on lots zoned for single-family residential which contain or are proposed to be developed with a single-family dwelling, or on lots zoned for multi-family residential or mixed-use residential use which contain or are proposed to be developed with a multi-family dwelling. Subject to standards of this section, accessory dwelling units may be attached, detached, or located within an existing primary residence or an accessory structure. Junior accessory dwelling units shall only be allowed on lots zoned for single-family residential use, and which are contained or are proposed to be developed with a single-family dwelling.
(Ord. 2021-03, passed 12-7-2021)
§ 154.237 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY DWELLING UNIT (ADU). An attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with an existing primary single-family residence. An ADU must include permanent provisions for living including sleeping, eating, cooking, and sanitation as described in § 154.238 below. An ADU can be located on the same lot as a primary residence and may be an efficiency unit, a traditional stick-built structure, or a manufactured home. An ADU may be attached (to the existing single-family residence) or detached, provided the unit complies with all standards in this section.
JUNIOR ACCESSORY DWELLING UNIT (JADU). A dwelling unit that is no more than 500 square feet in size and contained entirely within the walls of an existing single-family residence. A JADU must have an exterior entrance separate from the main entrance of the primary residence. A JADU may include separate sanitation facilities or may share sanitation facilities with the primary residence. Further, a JADU must include at least an efficiency kitchen, which includes a cooking facility with appliances and a food preparation counter and storage cabinets.
(Ord. 2021-03, passed 12-7-2021)
§ 154.238 DEVELOPMENT STANDARDS.
(A) Location. Accessory dwelling units are allowed on lots zoned for single-family residential which contain or are proposed to be developed with a single-family dwelling, or on lots zoned for multi-family residential or mixed-use residential use which contain or are proposed to be developed with a multi-family dwelling. Subject to standards of this section, accessory dwelling units may be attached, detached, or located within an existing primary residence or an accessory structure. Junior accessory dwelling units shall only be allowed on lots zoned for single-family residential use, and which are contained or are proposed to be developed with a single-family dwelling.
(B) Setbacks. No setback is required for an existing garage living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit. A setback of no more than four feet from the side and rear lot lines is required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.
(C) Height of accessory dwelling unit structure. An ADU shall be limited to one floor or 16 feet in height and shall not exceed the height limit of the zone in which the ADU is located.
(D) Lot size. There shall be no minimum lot size required for the establishment of an ADU or a JADU.
(E) Lot coverage. No requirement.
(F) Attached ADU size. The total floor area of an attached ADU shall not exceed 50% of the floor area of the primary residence or 850 square feet, whichever is greater. However, if the ADU contains more than one bedroom, maximum size of the ADU shall not exceed 1,000 square feet.
(G) Detached ADU size. The total floor area of a detached ADU shall not exceed 1,200 square feet.
(H) JADU size. The total floor area of a JADU shall not exceed 500 square feet.
(I) Conversion of existing space to an ADU. There is no unit size limit, height limit, lot coverage, or setback requirement, except for compliance with building and safety codes, for conversion of existing space to an ADU.
(J) Fire sprinklers. Fire sprinklers shall be required for ADUs if fire sprinklers are required for the primary residence.
(K) Number of dwelling units.
(1) Single-family zones. A maximum of three dwelling units shall be permitted on a lot, including the primary single-family residence, a single ADU and a single JADU on lots that contain or are proposed to be developed with a single-family dwelling.
(2) Multi-family zones. The number of accessory dwelling units that may be constructed on any lot in a multi-family zone is limited as follows:
(a) A maximum of two detached accessory dwelling units may be constructed on lots which contain or are proposed to be developed with a multi-family dwelling unit, so long as the accessory dwelling unit has at least four-foot side and rear yards setbacks.
(b) Within an existing multi-family dwelling structure, an accessory dwelling unit may be converted from areas not used as livable space (i.e., storage room, office, and the like), including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages.
(c) One accessory dwelling unit within an existing multi-family dwelling and shall allow up to 25% of the existing multi-family dwelling units.
(d) Junior accessory dwelling units are not permitted in multi-family zones.
(L) Off-street parking. One parking space per accessory dwelling unit shall be provided. These spaces may be provided as tandem parking on an existing driveway, or on a driveway in a side yard and rear yard. No additional parking for the accessory dwelling unit is required if any one of the following conditions are met:
(1) The unit is located within a half-mile of public transit;
(2) The unit is located within an architecturally and historically significant historic district;
(3) The unit is part of (i.e., contained within) the footprint of the primary residence or an accessory building;
(4) When on-street parking permits are required but not offered to the occupant of the unit; or
(5) When there is a car share vehicle located within one block of the ADU.
(M) Location of required parking. Parking required for accessory dwelling units may be located in the following locations, as approved by the city, ordered from most preferred to least preferred:
(1) When an existing permitted garage or carport is converted to an ADU or JADU, replacement parking does not need to be provided;
(2) A garage, carport, or covered space on a driveway, which complies with required setbacks for both the primary and accessory structures;
(3) An uncovered tandem space on a driveway;
(4) Within the required street side yard setback;
(5) Within the required rear yard setback;
(6) Within the required front yard setback; and
(7) Parking in setbacks and tandem driveway parking may be denied if the Building Official determines that parking in those areas is unsafe due to site specific fire and/or life safety conditions.
(N) Access. The accessory dwelling unit shall utilize the same vehicular access that serves the existing main dwelling, unless:
(1) The second unit has access from an alley contiguous to the lot; or
(2) The lot is a corner lot with a second driveway, and the second driveway is located on the side street; and
(3) A second driveway does not result in the loss of an on-street parking space.
(4) No passageway connecting the accessory dwelling unit to a street is required. Each accessory dwelling unit or junior accessory dwelling unit shall maintain independent exterior access from the existing residence.
(O) Way finding. Each unit shall display address in compliance with the current Cal. Residential Code as adopted and amended by the city.
(P) Utilities. All utilities servicing the accessory dwelling unit or junior accessory dwelling unit may be metered in conjunction with the primary dwelling, in compliance with state law.
(Ord. 2021-03, passed 12-7-2021)
§ 154.239 ARCHITECTURAL COMPATIBILITY.
(A) Attached and detached ADUs must be architecturally compatible with the primary single-family residence, including having similar siding materials, style of construction and consistency with the adjoining residential neighborhood.
(B) An ADU/JADU shall have a roof pitch and roof overhang similar to the roof pitch and roof overhang of the primary residence. The roof material shall be the same as the material on the primary residence unless the City Manager or designee finds that a different material would be more compatible with the neighborhood.
(Ord. 2021-03, passed 12-7-2021)
§ 154.240 FEES AND CHARGES.
(A) No impact or connection fee is required for the development of an ADU or JADU if the structure is less than 750 square feet. For structures greater than 750 square feet an impact or connection fee shall be proportional to the fee charged for the primary single-family residence.
(B) An inspection fee shall be assessed on all ADUs and JADUs to ensure the structure complies with applicable building codes.
(Ord. 2021-03, passed 12-7-2021)
§ 154.241 OCCUPANCY AND OWNERSHIP REQUIREMENTS.
(A) A certificate of occupancy must be issued for the primary single-family or multi-family dwelling before a certificate of occupancy can be approved for an ADU.
(B) An ADU or JADU may be rented separate from the primary residence but shall not be sold or conveyed separate from the primary residence.
(C) Owner-occupancy is not required for ADUs but is required for a JADU. For a JADU, the owner may reside in either the JADU or the primary residence.
(Ord. 2021-03, passed 12-7-2021)
§ 154.255 PURPOSE.
The purpose of the parking and circulation regulations are to:
(A) Prevent traffic congestion and shortage of parking spaces;
(B) Require that parking areas are designed to reduce potential environmental impacts;
(C) Ensure that adequate vehicle and bicycle parking facilities are provided; and
(D) Provide loading and delivery facilities as needed for allowed uses.
(Ord. 2021-03, passed 12-7-2021)
§ 154.256 APPLICABILITY.
The requirements of this chapter apply to the establishment, alteration, expansion, or change in any use or structure, as provided in this section.
(A) New buildings and land uses. If a new building or land use is established, parking shall be provided in accordance with the provisions of this chapter.
(B) Building expansions. Should a building be expanded by more than 10% its total floor area, parking shall be provided in accordance with the provisions of this chapter.
(C) Change in use or change of occupancy.
(1) If a change in use or change in occupancy occurs, parking shall be provided in accordance with the provisions of this chapter.
(2) When a change in use or change in occupancy creates an increase of 10% or more in the number of required on-site parking or loading spaces, on-site parking and loading shall be provided in accordance with the provisions of this chapter. The change in use or change in occupancy that creates an increase of 10% or more shall be cumulative from the date of adoption of this chapter.
(D) Existing excess parking. If the number of existing parking spaces is greater than the requirements for such use, the number of spaces in excess of the prescribed minimum may be counted toward meeting the parking requirements for the addition, enlargement, or change in use.
(E) Reconstruction of non-residential buildings. Should a non-residential building be damaged and/or demolished due to an act of nature, a building may be reconstructed and may provide the same number of stalls provided there is no increase in building floor area.
(F) Alterations that increase the number of dwelling units. The creation of additional dwelling units through the alteration of an existing building or construction of an additional structure or structures requires the provision of on-site parking to serve the new dwelling units. If the number of existing parking spaces is greater than the requirements for the existing units, the number of spaces in excess of the prescribed minimum may be counted toward meeting the parking requirements for the new dwelling units.
(G) Non-conforming parking or loading. An existing use of land or structure shall not be deemed to be non-conforming solely because of a lack of on-site parking and/or loading facilities required by this chapter, provided that facilities used for on-site parking and/or loading as of the date of adoption of this chapter are not reduced in number to less than what this chapter requires.
(Ord. 2021-03, passed 12-7-2021)
§ 154.257 PARKING LOT STANDARDS.
All new off-street parking facilities shall conform to the following standards. These standards shall not apply to single-family developments.
(A) All main parking areas shall be graded and paved. Overflow parking must utilize dust control measures such as gravel or decomposed granite.
(B) Asphalt parking lots shall have a 2% slope for drainage and shall have concrete drainage gutters. Cross-grades shall be designed for slower stormwater flows and to direct stormwater toward landscaping, bio-retention areas, or other water collection/treatment areas.
(C) Standard parking stalls shall be delineated by stripping that is white and has a line width of four inches.
(D) Parking spaces adjacent to sidewalks shall have wheel stops in each stall to prevent encroachment into the sidewalk space.
(E) Up to 30% of the parking stalls in a parking facility may be designed and designated for compact cars.
(F) An accessible parking space shall be provided on the shortest accessible route to an accessible entrance. Each stall shall be designated by the symbol of accessibility. Accessible parking spaces shall be provided in accordance with Cal. Building Code Title 24, including number of spaces required as follows:
Total Parking Spaces | Minimum Accessible Spaces |
Total Parking Spaces | Minimum Accessible Spaces |
One - 25 | One van accessible space |
26 - 50 | Two including one van accessible space |
51 - 75 | Three including one van accessible space |
76 - 100 | Four including one van accessible space |
101 - 150 | Five including one van accessible space |
151 - 200 | Six including one van accessible space |
201 - 300 | Seven including one van accessible space |
301 - 400 | Eight including one van accessible space |
401 - 500 | Nine including two van accessible spaces |
501 - 1000 | 2% including three van accessible spaces |
1001+ | 20 + 1 per 100 or fraction, including min. one van accessible space per eight accessible spaces or fraction thereof |
(G) Motorcycle parking may substitute for up to 5% of required automobile parking. Each motorcycle space must be at least four feet wide and seven feet deep.
(H) Landscaping of parking areas shall be provided and maintained in accordance with the standards of this division.
(1) Trees shall be planted for every five parking stalls and distributed so as to provide a 50% shade cover within 15 years. A lower ratio of trees may be approved by the City Manager or designee when a larger species of tree or another shading method is used. All landscaped planters shall be provided with an irrigation system.
(2) Landscaping material should be native and drought-tolerant species.
(3) Installation of solar facilities over parking areas exempts tree planting requirements.
(Ord. 2021-03, passed 12-7-2021)
§ 154.258 PARKING ALLOWANCES.
(A) Residential uses.
(1) Single-family residential development. Single-family residential development shall provide at least one covered parking space, and two parking spaces for dwelling units with more than two bedrooms.
(2) Multi-family residential development. Multi-family residential development shall provide at least one parking space per dwelling unit for units with up to two bedrooms, and one and one-half parking spaces per dwelling unit for units with more than two bedrooms, rounded up to the nearest whole parking space.
(3) Large family day care centers. At least one parking space per employee, plus an adequate on- or off-site area for loading and unloading children. Required parking spaces for the primary residential use may be counted toward meeting these requirements.
(4) Residential care. At least one and one-half parking space for every six adults receiving care in the home shall be provided.
(B) Commercial uses.
(1) Main Street Commercial Zoning District. Commercial uses in the Main Street Commercial (MSC) Zoning District shall provide parking as follows:
(a) For development of less than 3,000 square feet, a minimum of two parking spaces shall be provided for employees. No additional parking is required.
(b) For development of more than 3,000 square feet, parking shall be provided at a ratio of at least one parking space for every 750 square feet of gross floor area.
(2) Commercial uses outside of the MSC Zoning District shall provide parking at a ratio of at least one parking space for every 750 square feet of gross floor area.
(3) Bicycle parking. Commercial uses shall include one two-bike parking rack within 200 feet of the customer entrance.
(C) Manufacturing uses.
(1) Manufacturing uses shall provide parking at a ratio of at least one parking space for every 750 square feet of gross floor area.
(2) Bicycle parking. Manufacturing uses shall include one two-bike parking rack within 200 feet of the customer entrance.
(D) Recreational uses.
(1) Parks and playgrounds shall have one parking space per acre, but no fewer than five parking spaces total.
(2) Sports fields and centers shall have five spaces per sports venue present on site.
(3) Flexible parking space. Hard surface courts may be used as overflow parking on an as-needed basis if done in a safe manner providing proper ingress and egress.
(4) Bicycle parking. Recreational uses shall include one two-bike parking rack within 200 feet of the visitor's entrance.
(E) Public facilities.
(1) Public facilities uses shall provide parking at a ratio of at least one parking space for every 750 square feet of gross floor area.
(2) Bicycle parking. Public facilities uses shall include one two-bike parking rack within 200 feet of the visitors entrance.
(F) Off-site parking. Non-residential uses open to the public may provide parking off-site with approval during site plan review if:
(1) The parking site is located within 400 feet of the use;
(2) The site is along an improved pedestrian route, or project will develop such, that connects to the principal entrance containing the use(s) for which the parking is required;
(3) The site is on the same side of the street, across an alley, or across a local street; and
(4) There is a written agreement between the landowner(s) and the city in the form of a covenant guaranteeing access to and use of the parking facility among the landowner(s).
(G) Parking reductions. A proponent of an office, commercial, or manufacturing project may provide alternative facilities or programs which serve to reduce parking demand in return for a reduction in vehicle parking requirements. Vehicle parking requirements may be reduced in accordance with the following provisions:
(1) Should an applicant wish to install bicycle lockers for a new or existing development, they may reduce required vehicle parking to less than the prescribed number in this chapter to accommodate them. In such an instance, an exemption (i.e., variance) shall not be required. For new development, required vehicle parking shall not be reduced by more than 2% or five spaces, whichever is greater.
(2) Where a shared parking facility serving more than one use will be provided, the total number of required parking spaces may be reduced up to 50% at the discretion of the City Manager or designee, if all the following findings are made:
(a) The peak hours of uses will not overlap or coincide to the degree that peak demand for parking spaces from all uses will be greater than the total supply of spaces;
(b) A parking demand study prepared by an independent traffic engineering professional approved by the city supports the proposed reduction; and
(c) When a shared parking facility serves more than one property, a parking agreement shall be prepared.
(3) Request for special review of parking. Parking reductions exceeding the maximums specified in this division (G), or modifications of improvement requirements, may be granted whenever such reduction or modification is considered in conjunction with a review of a permit authorized by this chapter. The project proponent shall submit with the request whatever evidence and documentation is necessary to demonstrate that unusual conditions warrant a parking reduction, such as the multiple use of a parking area by uses having peak parking demands which occur at different times; floor plans which indicate that the floor area devoted to customer or employee use is less than typical for the size building proposed; or that other programs will be implemented by the developer or tenant(s) which will result in a demand for less parking at the site.
(Ord. 2021-03, passed 12-7-2021)
§ 154.259 ELECTRICAL VEHICLE CHARGING STATIONS.
(A) Consistent with Cal. Gov't Code § 65850.7 and as amended, the Building Official shall implement an expedited, streamlined permitting process for electric vehicle charging stations and adopt a checklist of all requirements which electric vehicle charging stations shall comply with in order to be eligible for expedited review. The expedited, streamlined permitting process and checklist may refer to the recommendations contained in the most current version of the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero-Emission Vehicles in California: Community Readiness Guidebook" as published by the Governor's Office of Planning and Research.
(B) The city's adopted checklist, application form, and any associated documents required for application approval shall be published on the city's website.
(C) Electrical vehicle charging stations shall meet the following requirements:
(1) Electric vehicle charging station equipment shall meet the requirements of the Cal. Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission or a municipal electric utility company regarding safety and reliability.
(2) Installation of electric vehicle charging stations and associated wiring, bonding disconnecting means, and overcurrent protective devices shall meet the requirements of Cal. Electrical Code Art. 625 and all applicable provisions of the Cal. Electrical Code.
(3) Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the Cal. Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.
(4) Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the Cal. Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer's installation instructions. Mounting of charging stations shall not adversely affect building elements.
(Ord. 2021-03, passed 12-7-2021)
§ 154.270 PURPOSE.
(A) The purpose of this subchapter is to regulate the size, height, design, location, number, and quality of signs in the city in order to: protect the character of neighborhoods; provide a form of communication for businesses that is consistent throughout the city and without undesirable clutter; and protect public safety and welfare by precluding signs that are visual or physical obstructions to motorists and/or pedestrians. This chapter also encourages signs that are well designed in terms of appearance, spacing and location.
(B) It is the city's policy and intent to regulate signs in a manner which is consistent with the speech freedoms of both the United States and California constitutions, by enacting regulations which are content neutral, while recognizing the differing levels of protection as to noncommercial and commercial messages.
(Ord. 2021-03, passed 12-7-2021)
§ 154.271 PERMIT REQUIRED.
(A) Except as otherwise noted in this subchapter, it is unlawful for any person to erect, build or relocate any sign in the city without obtaining a building permit.
(B) A permit shall not be required for portable signs that are no more than four foot in height or less, so long as they adhere to the requirements described in § 154.276.
(C) Any changeable advertisement digital or electronic sign shall require a DRA as described in § 154.021.
(Ord. 2021-03, passed 12-7-2021)
§ 154.272 EXEMPTIONS.
The following types of signs shall be exempt from the requirement of this subchapter:
(A) Temporary construction signs that identify the architects, engineers, contractors or other individuals or firms involved with a construction project. These signs shall not exceed 32 square feet in area and shall be removed when construction is completed;
(B) Government informational, utility, and legal noticing or signs;
(C) Real estate signs which identify the sale, lease, or rental of property. These signs shall not exceed eight square feet. The sign shall remain only as long as some portion of the property advertised for sale remains unsold, unleased, or not rented, or for a period of one-year, whichever period is shorter;
(D) Subdivision signs which advertise the sale of lots or residential units. There shall be no more than two signs on the site. These signs shall not exceed 28 square feet and shall not be allowed for more than one year;
(E) Temporary off-site subdivision and real estate signs may be erected that direct prospective purchasers to a subdivision that have lots or homes for sale. These signs shall not be erected for more than four days during any one-month period. The signs shall not exceed eight square feet;
(F) Political campaign signs which announce a candidate or political issue. These signs shall not exceed 32 square feet. Removal shall take place two weeks after the election;
(G) Flags, plaques, and banners;
(H) Address signs;
(I) Integral signs which have been built into a building when the sign has been carved into stone or fixed to the building using a metal plaque;
(J) Small signs which do not exceed four square feet and are fixed flat against a building and only announce the name and corporation of the building tenant(s) or the name of the commercial enterprise located within the buildings;
(K) Garage sales signs, provided such signs are removed three days after the sale is over; and
(L) Fuel price signs that are required to comply with state law.
(Ord. 2021-03, passed 12-7-2021)
§ 154.273 PROHIBITED SIGNS.
The following signs are prohibited from being erected in the city:
(A) Signs which may imitate an official traffic sign or signal;
(B) Signs which may hide from view any traffic or street sign or signal;
(C) Off-premise signs, except as permitted under the provisions of this subchapter;
(D) Signs which project over a public sidewalk and are less than eight feet high;
(E) Signs which project over an alley and are less than 15 feet high;
(F) Flashing or rotating signs;
(G) Signs on telephone poles, utility poles, trees within the public right-of-way, street light standards and street signs; and
(H) Billboards.
(Ord. 2021-03, passed 12-7-2021)
§ 154.274 SIGN APPLICATION.
(A) A building permit shall be required for the construction of any sign, except as specified in sections below.
(B) The permit application shall include a map or plat and drawings showing the location, size, shape, type of illumination, and manner of installation of the proposed sign.
(C) The permit shall be filed with the Planning Department. The City Manager or designee may require that changes be made in the design of the sign as necessary to conform to the design criteria in § 154.275.
(D) Any person may appeal the decision of the City Manager or designee pursuant to § 154.028.
(Ord. 2021-03, passed 12-7-2021)
§ 154.275 DESIGN CRITERIA.
(A) Lighting for externally illuminated signs shall be so arranged so as to avoid glare and light intrusion onto neighboring premises and so that the light is not directly visible from the public right-of-way or adjacent property.
(B) No part of a sign attached or mounted on a building may project above the allowed height limit for that zoning district
(C) No sign may be located in a manner which may obstruct or interfere with the view of a traffic signal. No sign shall obstruct the vision of a motorist within 100 feet of the intersection, as shown in Figure 154.022.01. No sign may be located so as to create a hazardous condition to a person using the public right-of-way.
(D) Electronic time and temperature signs shall be permitted. No other freestanding sign shall be blinking, flashing, rotating or animated. Lights used to illuminate the sign shall be installed to concentrate the illumination on the sign or advertising structure and to minimize glare upon a public street or adjacent property.
(Ord. 2021-03, passed 12-7-2021)
§ 154.276 TEMPORARY AND PORTABLE SIGNS.
(A) Temporary signs. A business which sells goods or services to customers may install and maintain temporary signs (Figure 154.022.02) on a window of the premises for the purpose of advertising a special sale or promotion without obtaining any permit, subject to the following conditions:
(1) No more than 50% of the total window space on a wall may be covered by temporary window signs; and
(2) Each temporary window sign shall be removed when the sale or promotion advertised ends, or within 30 days following its installation, whichever is sooner.
(B) Portable signs. Portable signs as shown in Figure 154.022.03 below shall be no more than nine square feet in area and must be displayed in the adjacent public right-of-way subject to the following conditions:
(1) Signs must not interfere with pedestrian traffic;
(2) Signs may not be placed in any curb return, in any bus stop zone, within two feet of any driveway or curb cut access ramp, within 18 inches of any curb where street parking is allowed, and must not be attached in any manner to public infrastructure or utility structure such as lampposts or utility poles; and
(3) Signs may only be displa yed during the busine ss hours of operation.
(Ord. 2021-03, passed 12-7-2021)
§ 154.277 SIGN STANDARDS BY DISTRICT.
(A) Residential districts.
(1) One sign per residential lot, not exceeding two square feet in size, containing the name, address, and relevant contact information of the resident or home business.
(2) One externally illuminated permanent subdivision sign or multiple-family entrance sign, not exceeding 32 square feet in size. If ground-mounted, the top of the sign shall not exceed four feet in height.
(B) Commercial districts.
(1) Freestanding signs.
(a) One freestanding sign as shown in the examples in Figure 154.022.04 below shall be permitted for each parcel of land that fronts onto a public street. Each freestanding sign shall not exceed ten feet in height and 60 square feet in area.
(b ) Each shopping center will be allowed one freestanding sign for each portion of the shopping center parcel that fronts onto a public street. Said freestanding sign shall not exceed 25 feet in height and 150 square feet in area. The design and location of each shopping center sign shall be reviewed and approved by the Planning Commission.
(c) The signs may contain thereon only the name of the building, occupants, or groups thereof and the principal product or service of business, occupants, or groups, with the exception that information related to gasoline prices, which service stations are required by law to display, may also be contained on a freestanding sign.
(d) Signs shall not project within two feet of curb.
(2) Wall signs, projected double-facing signs, and under-marquee signs.
(a) On-premises wall signs (see Figure 154.022.05 below), projecting double-faced signs and under-marquee signs may project over public property or into a required yard area so long as the height of any projected sign is not less than eight feet, and the sign does not extend further than two feet from the curb line of the street.
(b) On-premises wall signs and projecting double-signs shall not extend more than three feet above the wall, facade, parapet, or eaves of the building on which they are located.
(C) Manufacturing District.
(1) Signs shall be permitted only for the purposes of providing direction for vehicles and pedestrians and for identifying the name and address of a business and the principal product or services offered.
(2) One freestanding sign shall be permitted on each street frontage of a lot.
(Ord. 2021-03, passed 12-7-2021)
§ 154.278 NON-CONFORMING SIGNS.
(A) Except for signs described in division (B) below, any sign which was erected legally prior to the effective date of the ordinance codified in this section shall be deemed a non-conforming use. Maintenance of the sign shall be allowed but not alterations which could increase its non-conforming status.
(B) Non-conforming signs at a site where the use is discontinued for a period of 90 days or more shall be removed prior to occupancy of a new use. Any new signs erected by the new occupant shall comply with the current sign standards of the zoning district in which the property is located.
(Ord. 2021-03, passed 12-7-2021)
§ 154.290 PURPOSE.
This subchapter establishes reasonable and necessary standards for development in the city that assure such development promotes efficient and orderly community growth that meets the vision of the City Council and community.
(Ord. 2021-03, passed 12-7-2021)
§ 154.291 MODEL WATER EFFICIENT LANDSCAPE ORDINANCE.
(A) The purpose of this section is to adopt by reference the State Model Efficient Landscape Ordinance as required by state law.
(B) Adoption of State Model Water Efficient Landscape Ordinance. Except as hereafter provided, the city hereby adopts the Model Water Efficient Landscape Ordinance of the State of California by reference as set forth in Cal. Code of Regulations Title 23, Division 2, Chapter 2.7 §§ 49 through 495, as amended. A copy of the Model Water Efficient Landscape Ordinance of the State of California shall be maintained in the Building Department and City Clerk's office and shall be made available for public inspection while this chapter is in force.
(C) Local agency defined. The term “local agency" in the Water Efficient Landscape Ordinance shall mean the city of San Joaquin.
(D) The term "local water purveyor" in the Water Efficient Landscape Ordinance shall mean the City of San Joaquin.
(Ord. 2021-03, passed 12-7-2021)
§ 154.292 ADDITIONAL LANDSCAPING REQUIREMENTS.
(A) Landscaping shall include the use of native and/or drought tolerant plant material consistent with water efficient landscapes.
(B) Landscape and irrigation plans are required for all new projects. Such plans shall include new building construction, expansion of buildings over 50% of existing floor area, and demolition and reconstruction of buildings. Projects requiring a CUP shall submit landscape and irrigation plans on a separate sheet from the site plan.
(C) Installation of all landscaping and irrigation in accordance with the approved plans is required prior to final occupancy approval.
(D) Landscaping shall be maintained and in healthy condition including regular pruning, staking, weeding, removal of litter, watering, and replacement of plants when necessary.
(E) No tree shall be planted within five feet of any structure or under any eave, overhang, or balcony. Trees shall be properly trimmed to ensure safety to nearby structures and persons. Street trees shall be enclosed in tree wells to prevent upheaval of the sidewalk.
(F) Additional landscaping in excess of the minimum required herein may be deemed necessary to:
(1) Screen adjacent uses from parking or storage areas, trash enclosures, or similar uses that could cause a negative impact based on aesthetics, odors, and the like;
(2) Serve as a buffer between stationary noise sources and adjacent noise-sensitive uses; or
(3) Relieve solid, unbroken elevations and soften continuous wall expanses.
(Ord. 2021-03, passed 12-7-2021)
§ 154.293 FENCING, WALLS, AND HEDGES.
(A) Applicability. The standards of this section shall apply to:
(1) New fences, walls, or hedges;
(2) New development;
(3) A request for a conditional use permit;
(4) Building additions to existing buildings that expand the existing floor area by at least 20% or 2,500 square feet, whichever is less, not including single-unit dwelling units or duplexes. The addition and/or expansion shall be cumulative from the date of adoption of this code; and
(5) The demolition and reconstruction of a site.
(B) Fences, walls, hedges, and similar obstructions shall not exceed three feet in height in front yards nor six feet in height in any required rear and side yard.
(C) Notwithstanding any provision in division (A) above, in the case of corner lots, fences, shrubs, hedges, screen plantings and similar obstructions shall not exceed three feet in height within the sight distance area of a street intersection. The site distance area shall be defined as the street side of a diagonal line connecting points located 25 feet from the intersection of the property lines at the street corner.
(D) Fences shall be placed within the interior and rear property lines and set back at least 12 inches from the back of adjacent sidewalks, or from the curb or shoulder if there is no sidewalk.
(E) Fences within the city shall not be constructed of barbed wire or similar material unless a use permit is first obtained. A use permit may be granted only upon a finding by the City Manager or designee that extraordinary circumstances requiring the use of barbed wire or similar material apply to the property in question which do not generally apply to property within the city. In no event may a use permit be granted for the use of barbed wire or similar material within three feet of any public right-of-way. The City Manager or designee may require as a condition of such use permit appropriate warning signs upon the barbed wire or similarly constructed fence.
(F) In the commercial and manufacturing zoning districts, fences may be permitted in excess of seven feet in height, subject to the approval of the City Manager or designee. Said fence shall not exceed eight feet.
(G) Construction of fences in excess of the standards established in this section may be granted by a conditional use permit. The City Manager or designee may grant such a permit upon finding that extraordinary circumstances require variation from these standards. In no case may a solid fence exceed eight feet in height. The decision of the City Manager or designee may be appealed to the reviewing authority.
(Ord. 2021-03, passed 12-7-2021)
§ 154.294 DISPOSAL FACILITIES.
(A) All trash receptacles associated with new multi-family, office, industrial and commercial developments shall be screened with landscaping so that they are not visually obtrusive from any off-site location. Said receptacles shall be constructed on a sloped concrete pad with five-foot-high solid masonry walls.
(B) The requirements of this section shall not be imposed on properties with existing structures, nor to structures or uses other than as specified in this section, except when new construction occurs thereon. This section shall be the exclusive authority for requiring enclosures of trash receptacles. New construction shall mean construction of a substantial nature and not minors repairs, minor additions, or minor deletions to existing structures.
(C) Dumpsters and other similar open trash receptacles shall have permanent covering.
(Ord. 2021-03, passed 12-7-2021)
§ 154.295 LIGHTING.
(A) Purpose. This section is intended to minimize outdoor artificial light that may have a detrimental effect on the environment, astronomical research, amateur astronomy, and enjoyment of the night sky. These provisions are also intended to reduce the unnecessary illumination of adjacent properties and the use of energy.
(B) Applicability. The standards of this section apply to on-site lighting under the following circumstances:
(1) New lights;
(2) The demolition and reconstruction of a site;
(3) New development;
(4) Building additions to existing buildings that expand the existing floor area by at least 20%, or 2,500 square feet, whichever is less, not including single-unit dwellings or duplexes. The addition and/or expansion shall be cumulative from the date of adoption of this code;
(5) The addition of residential units;
(6) A request for a discretionary permit;
(7) Change from one category of use classification to another (i.e., changing from a commercial use classification to a residential use classification as identified in the use regulation table of the base district); and
(8) Condominium conversions.
(C) General standards.
(1) Multi-unit residential buildings. Aisles, passageways, recesses, and the like related to and within the building complex shall be illuminated with an intensity of at least 0.25 foot-candles at the ground level during the hours of darkness. Lighting devices shall be protected by weather and vandal-resistant covers.
(2) Pedestrian-oriented lighting. In multi-family, mixed-use, and commercial districts, exterior lighting with an intensity of at least 0.25 foot-candles at the ground level shall be provided for a secure nighttime pedestrian environment by reinforcing entrances, public sidewalks, and open areas with a safe level of illumination.
(3) Non-residential buildings. All exterior doors, during the hours of darkness while the business is operating, shall be illuminated with a minimum of 0.5 foot-candle of light.
(4) Trails/Paseos. As determined by the Public Works Director.
(5) Parking lots and garages. All parking lots and garages shall be illuminated with a minimum of 0.5 foot-candle of light.
(D) Exemptions. The following types of lighting fixtures are exempt from the requirements of this section:
(1) Public and private street lighting;
(2) Parks/athletic field lights; athletic field lights used within a school campus or public or private park;
(3) Public safety and security lighting. Safety and security lighting as required by state and federal regulations, including, but not limited to, airports, radio towers, antennas, and the like; and
(4) Construction and emergency lighting. All construction or emergency lighting fixtures provided they are temporary and are discontinued immediately upon completion of the construction work or abatement of the emergency.
(E) Prohibited lighting. The following types of exterior lighting are prohibited:
(1) Drop-down lenses;
(2) Mercury vapor lights; and
(3) Searchlights, laser lights, or any other lighting that flashes, blinks, alternates, or moves.
(F) Fixture types. All lighting fixtures shall be shielded so as not to produce obtrusive glare onto the public right-of-way or adjoining properties. All luminaries shall meet the most recently adopted criteria of the Illuminating Engineering Society of North America (IESNA) for "cut off" or "full cut off" luminaries.
(G) Glare. No use shall be operated such that significant, direct glare, incidental to the operation of the use is visible beyond the boundaries of the property where the use is located.
(H) Light trespass. Lights shall be placed to deflect light away from adjacent properties and public streets, and to prevent adverse interference with the normal operation or enjoyment of surrounding properties.
(1) Direct or sky-reflected glare from floodlights shall not be directed into any other property or street.
(2) No light or combination of lights, or activity shall cast light exceeding one-foot candle onto a public street, with the illumination level measured at the centerline of the street.
(3) No light, combination of lights, or activity shall cast light exceeding 0.5-foot candle onto a residentially zoned property, or any property containing residential uses.
(I) Alternate materials and methods of installation. Designs, materials, or methods of installation not specifically prescribed by this section may be approved by the Director, provided that the proposed design, material, or method provides approximate equivalence to the specific requirements of this section or is otherwise satisfactory and complies with the intent of these provisions.
(Ord. 2021-03, passed 12-7-2021)
§ 154.305 PURPOSE.
This subchapter provides an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014, Cal. Government Code § 65850.5) in order to achieve timely and cost-effective installations of small residential rooftop solar energy systems. This subchapter encourages the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the city, and expanding the ability of property owners to install solar energy systems.
(Ord. 2021-03, passed 12-7-2021)
§ 154.306 APPLICABILITY.
(A) This subchapter applies to the permitting of all small residential rooftop solar energy systems in the city.
(B) Small residential rooftop solar energy systems legally established or permitted prior to the effective date of the ordinance codified in this chapter are not subject to the requirements of this chapter unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop energy system in such a way as to require new permitting. Routine operation and maintenance or like-kind replacements shall not require a permit.
(C) A use permit shall be required for properties on the city's list of historic resources as deemed necessary by the City Manager or designee.
(Ord. 2021-03, passed 12-7-2021)
§ 154.307 SOLAR ENERGY SYSTEM REQUIREMENTS.
(A) All solar energy systems shall meet applicable health and safety standards and requirements imposed by the state and the city.
(B) Solar energy systems for heating water in single-family residences and for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined by the Cal. Plumbing and Mechanical Code.
(C) Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the Cal. Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.
(Ord. 2021-03, passed 12-7-2021)
§ 154.308 APPLICATIONS AND DOCUMENTS.
(A) Submission of an expedited solar energy system application shall be submitted using the documents made available on the city website.
(B) The required permit application and documents may be submitted electronically by email or online.
(C) The application shall include the provided standard plan and completed checklist of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review.
(D) The small residential rooftop solar system permit process, standard plan(s), and checklist(s) shall substantially conform to recommendations for expedited permitting, including the checklist and standard plans contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor's Office of Planning and Research.
(E) All applications to install a solar energy system shall include a reference to the requirement to notify the appropriate regional notification center of an excavator's intent to excavate, pursuant to Article 2 (commencing with § 4216) of Chapter 3.1 of Division 5 of Title 1, before conducting an excavation, including, but not limited to, installing a grounding rod.
(Ord. 2021-03, passed 12-7-2021)
§ 154.309 PERMIT REVIEW AND INSPECTION.
(A) The application for a permit shall meet the requirements of § 154.307 and may be submitted in person or electronically through the online submittal system maintained by the Building Official. Prior to submitting the application for an expedited permit, the applicant shall verify that the installation meets all criteria in § 154.308 to qualify for expedited permit issuance. Upon receipt of a complete small residential rooftop solar energy system application, plan check review will be completed within one to three business days.
(B) A DRA may be required if the official finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. Such decisions may be appealed to the Planning Commission. If a DRA is required, the city may deny such application if it makes written findings based upon substantive evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid, as defined, the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. Such decisions may be appealed to the Planning Commission.
(C) All construction or work for small residential rooftop solar energy systems for which a permit is required shall be subject to inspection by the Building Official and such construction or work shall remain accessible and exposed for inspection purposes until approved by the Building Official. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized.
(Ord. 2021-03, passed 12-7-2021)
§ 154.320 PURPOSE.
The purpose of this subchapter is to permit continued utility and economic viability of uses, structures, site features, and lots that were created lawfully under a previous zoning code, but do not now conform to this code. This subchapter only allows the continuation of existing uses while preventing new non-conformities.
(Ord. 2021-03, passed 12-7-2021)
§ 154.321 DETERMINATION OF NON-CONFORMING STATUS.
A use, structure, site feature, or lot shall be considered non-conforming if it was created under a previous code, or any amendment thereto, and does not now conform to this code. The Director shall evaluate all available documentation to determine that non-conforming uses, structures, and site features shall have legal non-conforming status or illegal non-conforming status as follows:
(A) Legal non-conforming status. A use, structure, or site feature shall be designated as having legal non-conforming status if it was lawfully established under the regulations of the jurisdiction in which it was located at the time of its establishment and has continuously remained in compliance with all terms and conditions imposed upon the use, structure, or site feature upon its establishment or imposed upon it any time thereafter, based on evidence provided by the property owner, tenant, or applicant. Legal non-conforming status shall also be assigned if non-conformities were created by a public improvement, such as a street widening project. A use permit shall be required for properties on the city's list of historic resources as deemed necessary by the City Manager or designee.
(B) Illegal non-conforming status. A use, structure, site feature, or lot shall be designated as having illegal non-conforming status if it was not lawfully established under the regulations of the jurisdiction in which it was located at the time of its establishment or has not continuously remained in compliance with all terms and conditions imposed upon the use, structure, or site feature upon its establishment or imposed upon it any time thereafter.
(Ord. 2021-03, passed 12-7-2021)
§ 154.322 ILLEGAL NON-CONFORMING USES, STRUCTURES, AND SITE FEATURES.
Nothing in this subchapter shall be deemed to allow the use, change in use, repair, alteration, expansion, enlargement, or reconstruction of an illegal non-conforming use, structure, or site feature. Any such illegal non-conforming use shall be discontinued, and any such illegal non-conforming structure or site feature shall be removed.
(Ord. 2021-03, passed 12-7-2021)
§ 154.323 LEGAL NON-CONFORMING USES.
(A) Continuation of legal non-conforming uses. Except as otherwise provided in this subchapter, any legal non-conforming use may be continued indefinitely. No illegal non-conforming use shall be continued unless such use subsequently comes into conformity with the applicable provisions of this code.
(B) Expansion of legal non-conforming uses. A legal non-conforming use shall not be expanded unless a conditional use permit is granted for such expansion. Prior to issuance of a conditional use permit, it must be determined that at least one of the following three circumstances exists:
(1) The resultant use and/or project design will reduce current adverse impacts on adjacent properties and/or the general public;
(2) The resultant use and/or project design will aid in the preservation of a historic resource; or
(3) The expansion of the use or the enlargement of a structure housing a non-conforming use is necessary to comply with a requirement imposed by law for the operation of the particular use, including, but not limited to, regulations for disabled access or seismic retrofit.
(C) Change of legal non-conforming uses. A legal non-conforming use shall not be changed to, or substituted for, another non-conforming use unless a conditional use permit is granted for such change or substitution. To grant such a conditional use permit the Planning Commission must first find that, in addition to the findings required by division (B) above, the resultant use will be more consistent with the uses permitted in the district than the former use.
(D) Change of legal non-conforming industrial use. A legal non-conforming industrial use shall not be changed to, or substituted for, another use other than to come into compliance with this code.
(E) Change to a conforming use. When a legal non-conforming use has been changed to a conforming use, the non-conforming use shall not be re-established thereafter, with the following exception: within residential multi-family, mixed-use, or commercial districts, structures which are determined by the Director to have been lawfully constructed as single-family dwellings may be returned to single-family use at any time. The Director shall base such a determination on evidence including building permits, County Assessor's data, building design and appearance, or other records which document that the building was originally constructed as a single-family home.
(F) Abandonment of legal non-conforming uses.
(1) Residential districts. A legal non-conforming use shall not be re-established in any structure in a residential district if such legal non-conforming use has ceased for a consecutive six-month period.
(2) Mixed use districts. A legal non-conforming use shall not be re-established in any structure if such legal non-conforming use has ceased for a consecutive five-year period.
(3) All other districts. A legal non-conforming use shall not be re-established in any structure if such legal non-conforming use has ceased for a consecutive 12-month period within five years of January 3, 2016. Once the five-year period from the effective date of this code has passed, a legal non-conforming use shall not be re-established in any structure in a non-residential district if such legal non-conforming use has ceased for a consecutive period of 90 days or more.
(Ord. 2021-03, passed 12-7-2021)
§ 154.324 LEGAL NON-CONFORMING STRUCTURES AND SITE FEATURES.
(A) Applicability. This section shall apply to all legal non-conforming buildings, fences, parking, landscaping, and other such physical improvements to a lot.
(B) Continuation of existing structures and site features. Except as otherwise stated in this article, any legal non-conforming structure or site feature may be continued indefinitely. Any illegal non-conforming structure or site feature shall be removed or modified to conform to the provisions of this code.
(C) Completion of structures or site features. The provisions of this subchapter shall not be construed to preclude the completion of any structure or site feature upon which lawful construction has begun prior to the time of enactment of this code or any amendment thereto, or prior to the time of inclusion in the city.
(D) Repair and maintenance of non-conforming structures and site features:
(1) Maintenance. A legal non-conforming structure or site feature may be maintained as necessary to keep it in good working order.
(2) Repairs and alterations. Notwithstanding the provisions of this subchapter, any legal non-conforming structure or site feature may be repaired and/or altered, provided that such repairs and alterations do not increase any non-conformity.
(3) Repair of unsafe structures or site feature. The provisions of this subchapter shall not be construed to preclude the repair or alteration of any part of any structure or site feature declared to be unsafe by the Building Official when such repairs or alterations are for the purpose of restoring the structure or site feature to a safe condition.
(E) Enlargement of non-conforming structures.
(1) Enlargement of single-family residential structures. A legal non-conforming single-family use or structure in a non-residential district may be enlarged, provided the addition does not reduce the number of parking spaces, alter the size of parking spaces, or the location and size of driveways; and the addition does not change the structure from single-family use to multi-family use. Such an expansion shall conform to the property development standards of either the base district (and overlay districts, if applicable) for the site, or a residential district which is appropriate to the size and configuration of the site at the discretion of the review authority.
(2) Enlargement of other legal non-conforming structures and site features. A legal non-conforming structure or site feature being used for a conforming use may be enlarged or structurally altered if the new portion of the structure or site feature conforms to the regulations of the district in which it is located. If strict conformance with current setback requirements would cause unsightly or impractical site layouts, and a deviation from such requirements shall not cause impacts on neighboring uses, the review authority may exempt the enlargement of a legal non-conforming structure or site feature from setback requirements at their discretion. Unaltered portions of such structures or site features will be allowed to remain non-conforming. A legal nonconforming structure or site feature housing or associated with a non-conforming use shall not be enlarged or altered except as put forth in § 154.323(B).
(F) Replacement of involuntarily destroyed or damaged non-conforming structures or site features. Any legal non-conforming structure or site feature that is destroyed or damaged by fire, flood, explosion, wind, earthquake, war, riot, or other public calamity or act of nature, may be replaced or reconstructed to the same size and extent as before the damage occurred, provided that rebuilding commences not later than one year after destruction, and so long thereafter as the building permit remains valid.
(G) Replacement of voluntarily demolished, destroyed, or damaged non-conforming structures or site features. Any non-conforming structure or site feature which is demolished, destroyed, or damaged by means other than those listed in this subchapter shall not be reconstructed unless it complies with all provisions of the district in which the structure is located. Exceptions may be given where all of the following circumstances exist:
(1) The structure houses a conforming use;
(2) The structure or site feature is replaced or reconstructed to the same or a lesser size and extent as the original structure or site feature; and
(3) A conditional use permit is granted, and the Director finds, in addition to the findings required by this subchapter, that compliance with current standards is impractical and that the proposed reconstruction will conform to current standards to the greatest extent practical.
(Ord. 2021-03, passed 12-7-2021)
§ 154.325 NON-CONFORMING LOTS.
Non-conforming lots or parcels may be used for development subject to compliance with all other provisions of this subchapter and other applicable laws. A non-conforming lot may not be further reduced in area or dimension, except under the application of eminent domain.
(Ord. 2021-03, passed 12-7-2021)