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;

(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;

(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;

(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, provision for goods delivery separated from customer access, aesthetic considerations, and protection from the elements.

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.

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 driveways and other ground level concrete or other ground level patios less than 12 inches in height, 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; Ord. 2025-1, passed 7-14-2025)

§ 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;

(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;

(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.

(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;

(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.

(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

(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)
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 § 154.190 et 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 § 154.235 et 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
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;