Stockton City Zoning Code
Division
1 Purpose and Applicability of Development Code
§ 16.04.010 Title.
Title 16 of the Stockton Municipal Code is and may be cited as the Stockton Development Code, hereafter referred to as "this Development Code," "this Code," or "this title."
(Prior code § 16-110.010; Ord. 2025-06-03-1601, 6/3/2025)
§ 16.04.020 Purpose and intent of Development Code.
The purpose of this Development Code is to implement the Stockton General Plan by classifying and regulating the uses of land and structures within the City of Stockton; by protecting and promoting the public health, safety, and general welfare; and by preserving and enhancing the aesthetic quality of the City. To fulfill these purposes, the intent of this Development Code is to:
A.
Provide standards for the orderly growth and development of the City, and promote a stable pattern of land uses;
B.
Implement the uses of land designated by the Stockton General Plan and avoid conflicts between land uses;
C.
Maintain and protect the value of property;
D.
Conserve and protect the natural resources of the City, including its surrounding agricultural lands;
E.
Protect the character and social and economic stability of residential, commercial, and industrial areas;
F.
Assist in maintaining a high quality of life without causing unduly high public or private costs for development or unduly restricting private enterprise, initiative, or innovation in design; and
(Prior code § 16-110.020)
§ 16.04.030 Authority, relationship to General Plan.
A.
This Development Code is enacted based on the authority vested in the City of Stockton by the State of California, including, but not limited to: the State Constitution; the Charter of the City of Stockton; the Planning and Zoning Law (Government Code Section 65000 et seq.); the Subdivision Map Act (Government Code Section 66410 et seq.); and the California Environmental Quality Act (Public Resources Code Section 21000 et seq.).
B.
This Development Code implements the goals and policies of the General Plan by regulating the use of land and structures within the City. This Development Code and the General Plan shall be consistent with one another. Any permit, license, or approval issues pursuant to this Code must be consistent with the General Plan and all applicable specific plans. In any case where there is a conflict between this Code and the General Plan, the General Plan shall control.
(Prior code § 16-110.030; Ord. 2025-06-03-1601, 6/3/2025)
§ 16.04.040 Responsibility for administration.
This Development Code shall be administered by the Stockton City Council; the Planning Commission; the Community Development Director; the Community Development Department; and such other departments, groups, or individuals identified in this Development Code in compliance with Title 2, Administration and Personnel, of the Stockton Municipal Code, and as established in this Development Code.
(Prior code § 16-110.040; Ord. 2025-06-03-1601, 6/3/2025)
§ 16.04.050 Applicability of Development Code.
This Development Code applies to all land, land uses, structures, subdivisions, and development within the City of Stockton, as provided by this section.
A.
Applicability to Property. This Code shall apply, to the extent permitted by law, to all property within the incorporated limits of the City of Stockton and to property for which applications for annexation and/or subdivisions have been submitted to the City of Stockton, including all uses, structures, and land owned by any private person, firm, corporation or organization, or the City of Stockton or other local, State or Federal agencies. Any governmental agency shall be exempt from the provisions of this Code only to the extent that such property may not be lawfully regulated by the City of Stockton.
B.
Minimum Requirements. All provisions of this Development Code shall be considered minimum requirements, unless stated otherwise (for example, height limits and site coverage requirements for structures, and the numbers and size of signs allowed are maximums, not minimums). Where this Code provides for more discretion on the part of a City official or body, that discretion may be exercised to impose more stringent requirements than set forth in this Code as may be necessary to promote orderly land use development and the purposes of this Code.
C.
Other Requirements May Apply. Nothing in this Development Code eliminates the need for obtaining any permit, approval, or entitlement required by other provisions of the Stockton Municipal Code or complying with the regulations of any City department, or any County, regional, special districts, State, or Federal agency.
D.
Conflicting Requirements. Any conflicts between different requirements of this Development Code, or between this Development Code and other regulations, shall be resolved in compliance with Section 16.08.020.D (Conflicting Requirements).
E.
Prior Ordinance. The provisions of this Code supersede all prior ordinances codified in Title 16 of the Stockton Municipal Code and any amendments. No provisions of this Code shall validate any land use or structure established, constructed, or maintained in violation of the prior Development Code, unless such validation is specifically authorized by this Code and is in conformance with all other regulations.
F.
Issuance of Building or Grading Permits. The Building Official may only issue building, grading, or other construction permits after all applicable requirements of this Development Code, and all other applicable statutes, ordinances and regulations have been met.
G.
Effect of Development Code Changes on a Project in Progress. The enactment of this Development Code or any amendment to its requirements, may have the effect of imposing different standards on a new land use than those that applied to existing development. (For example, this Development Code or a future amendment could require more off-street parking spaces for a particular land use than former regulations.) The following provisions determine how the requirements of this Development Code apply to a development project that is in progress at the time requirements are changed, but is not in compliance with this Development Code. A development project that remains in compliance with all applicable provisions of this Development Code as amended, shall proceed in compliance with this Development Code.
1.
Project With a Pending Application. A land use permit application that has been determined by the Community Development Department to be complete before the effective date of the ordinance codified in this Development Code or any amendment:
a.
May be processed according to the requirements in effect when the application was accepted as complete, unless the Review Authority (i.e., Director, Planning Commission, or City Council) determines it is necessary to apply new or amended development standards to the project approval to ensure public health, safety, welfare, and orderly development; and
b.
Provided that the application is acted upon within 90 days of the adoption of the ordinance codified in this Development Code. If an initial study/negative declaration is required, the application shall be acted upon within seven months, and if an environmental impact report is required, within 13 months.
2.
Approved Project Not Yet Under Construction. An approved development project for which construction has not commenced as of the effective date of the ordinance codified in this Development Code or any amendment, may still be constructed as approved, if:
a.
A required building permit is issued for construction; and
3.
Approved Project Not Requiring Construction. An approved land use not requiring construction, that has not been established as of the effective date of the ordinance codified in this Development Code or any amendment, may still be established in compliance with its permit/approval, if the land use is established/in operation before the expiration of any applicable land use permit. A time extension granted in compliance with Chapter 16.96 (Expirations and Extensions) may be granted before the expiration of any applicable land use permit.
4.
Project Under Construction. A development project for which substantial construction has occurred in compliance with a valid building permit on the effective date of the ordinance codified in this Development Code or any amendment, need not be changed to satisfy any new or different requirements of this Development Code if construction is completed in compliance with the original building permit.
5.
Subdivision Maps. Subdivision maps shall be processed in compliance with the Subdivision Map Act.
(Prior code § 16-110.050; Ord. 2025-06-03-1601, 6/3/2025)
§ 16.04.060 Partial invalidation of Development Code.
If any article, division, section, subsection, paragraph, subparagraph, sentence, clause, phrase, or portion of this Development Code is held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, these decisions shall not affect the validity of the remaining portions of this Development Code. The Stockton City Council hereby declares that this Development Code and each article, division, section, subsection, paragraph, subparagraph, sentence, clause, phrase, and portion thereof would have been adopted irrespective of the fact that one or more portions of this Development Code may be declared invalid, unconstitutional, or unenforceable.
(Prior code § 16-110.060)
§ 16.08.010 Purpose of chapter.
This chapter provides rules for resolving questions about the meaning or applicability of any part of this Development Code. The provisions of this chapter are intended to ensure the consistent interpretation and application of the provisions of this Development Code and the General Plan.
(Prior code § 16-120.010)
§ 16.08.020 Rules of interpretation.
A.
Authority. The Community Development Director shall have the responsibility and authority to interpret the meaning and applicability of all provisions and requirements of this Development Code, subject to appeal pursuant to Chapter 16.100 (Appeals).
B.
Language.
1.
Abbreviated Titles and Phrases. For the purpose of brevity, and unless otherwise indicated, the following phrases, names of personnel and decision-making bodies are shortened in this Development Code. The City of Stockton is referred to hereafter as the "City." The Community Development Department is referred to as the "Department." The Community Development Director is referred to as the "Director." The City Council is referred to as the "Council." The Planning Commission is referred to as the "Commission." The Development Review Committee is referred to as the "DRC" and the Architectural Review Committee is referred to as the "ARC." The State of California is referred to as the "State," and the County of San Joaquin is referred to as the "County." The City of Stockton Municipal Code is referred to as "the Municipal Code." The California Subdivision Map Act is referred to as the "Map Act."
2.
Terminology. When used in this Development Code, the words "shall," "will," "is to," and "are to" are always mandatory. "Should" and "encourage" are not mandatory but are strongly recommended; "may" is permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise. The words "include," "includes," and "including" mean "including but not limited to...". The terms "amend," "modify," and "revise," all mean "to change." The term "waive" means "to eliminate a requirement." The use of the word "approval" includes approval with conditions. The use of the words "appropriate" or "applicable" means "as determined by the applicable Review Authority, or if not identified, by the Director." The word "structure" includes "buildings and/or structures."
3.
Number of Days. Whenever a number of days is specified in this Development Code, or in any permit, condition of approval, or notice issued or given as provided in this Development Code, the number of days shall be calendar days, unless business days are specified. Time limits will extend to the following business day where the last of the specified number of days falls on a day that the City is not open for business, except as otherwise provided for by the Map Act.
4.
State Law Requirements. Where this Development Code references applicable provisions of State law (for example, the California Government Code, Map Act, Public Resources Code, etc.), the reference shall be interpreted to be the applicable State law provisions as they may be amended from time to time.
C.
Calculations—Rounding. Where provisions of this Development Code require calculations to determine applicable requirements, any fractional/decimal results of the calculations shall be rounded as provided by this subsection.
1.
General Rounding. Fractions of one-half or greater shall be rounded up to the nearest whole number and fractions of less than one-half shall be rounded down to the nearest whole number, except as otherwise provided.
2.
Exception for State Affordable Housing Density Bonus. The calculation of fractions related to permitted bonus density units for projects eligible for bonus density pursuant to Government Code Section 65915 or any successor statute and Chapter 16.40 (Affordable Housing Incentives/Density Bonus Provisions), any fractional number of units shall be rounded up to the next whole number.
D.
Conflicting Requirements. Any conflicts between different requirements of this Development Code, or between this Development Code and other regulations, shall be resolved as follows:
1.
State and Federal Provisions. In the event of conflict, Federal and State of California regulations shall preempt the provisions of this Development Code.
2.
Development Code Provisions. In the event of any conflict between the provisions of this Development Code, the most restrictive requirement shall control, unless otherwise specified.
3.
Development Agreements, Master Development Plan, Precise Road Plans, or Specific Plans. In the event of any conflict between the requirements of this Development Code and standards adopted as part of any development agreement, master development plan, precise road plan, or specific plan, planned development permit, the requirements of the development agreement, master development plan, planned development permit, approved planned unit residential development (PURD), or specific plan shall control.
4.
Municipal Code Provisions. In the event of any conflict between requirements of this Development Code and other regulations of the City, the most restrictive requirement shall control.
5.
Mitigation Measures. In the event of any conflict between the requirements of this Development Code and mitigation measures adopted as part of a certified environmental impact report or approved negative declaration, the mitigation measures shall control, unless an amendment is requested by the applicant and that amendment is approved by the City and/or responsible agencies in charge of the mitigation enforcement.
6.
Private Agreements. This Development Code and its requirements shall not interfere with, repeal, abrogate, or annul any easement, covenant, or other agreement that existed at the time, or was entered into after the ordinance codified in this Development Code became effective. This Development Code applies to all land uses and development in the City regardless of whether a private agreement or restriction imposes a greater or lesser restriction on the development or use of a structure or land. If a requirement of this Development Code is more restrictive, this Development Code shall apply; this Development Code, however, does not affect the applicability of any agreement or restriction. The City shall not enforce any private covenant or agreement unless it is a party to that covenant or agreement.
(Prior code § 16-120.020; Ord. 023-07 C.S. § 1; Ord. 2022-07-12-1601-02 C.S. § 2; Ord. 2025-06-03-1601, 6/3/2025)
§ 16.08.030 Procedures for interpretations.
Whenever the Director determines that the meaning or applicability of any of the requirements of this Development Code are subject to interpretation generally, or as applied to a specific case, the Director may issue an official interpretation or refer the question to the Commission for determination.
A.
Request for Interpretation. A request for an interpretation or determination shall be made to the Department and shall include all information described in the Instructions for Interpretation Requests, available from the Department, subject to the applicable fee.
B.
Findings, Basis for Interpretation. The issuance of an interpretation by the Director shall include findings stating the basis for the interpretation. The basis for an interpretation may include technological changes or new industry standards, in addition to the following findings:
1.
This interpretation is consistent with the applicable provisions of this Development Code;
2.
This interpretation will not be detrimental to the public convenience, health, interest, safety, or general welfare of the City or injurious to the property; and
3.
This interpretation will be consistent with the general land uses, objectives, policies, and programs of the General Plan, any applicable specific plan, precise road plan, or master development plan, and the intent of this Development Code.
C.
Record of Interpretations. Official interpretations shall be written, and shall quote the provisions of this Development Code being interpreted, and the applicability in the particular or general circumstances that caused the need for interpretations, and the determination.
D.
Amendment. Any provision of this Development Code that is determined by the Director to need refinement or revision will be corrected by amending this Development Code as soon as is practical. Until an amendment can occur, the Director shall maintain a complete record of all official interpretations as an appendix to this Development Code, which are indexed by the number of the chapter or section that is the subject of the interpretation.
E.
Referral of Interpretation. The Director has the option of forwarding any interpretation or determination of the meaning or applicability of any provision of this Development Code directly to the Commission for consideration.
(Prior code § 16-120.030; Ord. 023-07 C.S. § 2)
§ 16.12.010 Purpose of chapter.
This chapter describes the general requirements of this Development Code for the approval of proposed development and new land uses by the City. Land use permit requirements for specific land uses are established by Divisions 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), and 3 (Site Planning and General Development Regulations).
(Prior code § 16-130.010)
§ 16.12.020 Requirements for development and new land uses.
All uses of land and/or structures shall only be established, maintained, constructed, reconstructed, altered, or replaced, in compliance with the following requirements:
A.
Allowable Uses. The primary use of land shall be identified by zoning district, overlay district, specific plan, or planned development use regulations, or any other section of this Code, as being allowable in the zoning district applied to the site. In addition, land uses may be allowable as follows:
1.
Primary Land Uses. If a primary land use is not identified, the Director may determine whether the particular land use is allowable by assigning the land use or activity to a classification that is substantially similar in character. Land uses not listed as being allowed and not substantially similar to an allowed use are prohibited.
B.
Permit/Approval Requirements. Any land use permit or other approval required by this Development Code shall be obtained before the proposed use is constructed or otherwise established, unless the proposed use is listed in Section 16.12.030 (Exemptions from development and land use approval requirements). The land use permit requirements of this Development Code are established by Chapter 16.20 (Allowable Land Use and Permit Requirements), and Chapter 16.28 (Overlay Zoning District Land Uses and Development Standards).
C.
Development Standards. The use of land and/or structure shall comply with all applicable requirements of this Development Code, including the zoning district standards of Division 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), and the provisions of Division 3 (Site Planning and General Development Regulations):
1.
A structure shall not be erected, maintained, converted, reconstructed, or structurally altered and land shall not be used for any purpose other than allowed in the zoning district in which the structure or land is located.
2.
A structure shall not be erected, maintained, reconstructed, or structurally altered to exceed the height or bulk limit for the zoning district in which the structure is located.
3.
A lot area shall not be reduced or diminished to such an extent that the yard(s) or other open space(s) will be smaller than required by this Development Code.
4.
The required yard and/or open space around a structure or on a vacant parcel shall not be used to meet the yard or open space requirements for any other existing or proposed structure.
5.
Every structure shall be located on a lot as defined by this Development Code.
6.
If a structure is converted to a residential unit or a residential unit is converted to increase the number of families that can be accommodated, it shall be located in a zoning district that permits that type of residential unit and shall comply with the development standards for the zoning district and provisions of this Development Code.
D.
Conditions of Approval. The use of land and/or structure and the location, height, and bulk of structures shall comply with any applicable conditions imposed by any previously granted land use permit or other approval.
E.
Legal Parcel. The use of land and/or structure shall only be established on a parcel of land, which has been legally created in compliance with the Map Act as applicable at the time the parcel was created, and Division 6 (Subdivision Regulations), as determined by the City Engineer. Legal nonconforming parcels may be used or developed in compliance with Chapter 16.228 (Nonconforming Uses, Structures, and Parcels).
F.
Development Agreements, Master Development Plans, Precise Road Plans, or Specific Plans. The use and/or structures shall comply with any applicable development agreement approved by the City in compliance with Chapter 16.128 (Development Agreements), master development plan approved by the City in compliance with Chapter 16.140 (Master Development Plans), precise road plan in compliance with Chapter 16.148 (Precise Road Plans), specific plan approved by the City in compliance with Chapter 16.156 (Specific Plans), planned unit residential development (PURDs), planned development permit approved by the City in compliance with Chapter 16.144.
G.
Building Permits and Other Permits. The structures shall comply with the requirements for building permits and applicable City, County, regional, special district, State, or Federal permits.
§ 16.12.030 Exemptions from development and land use approval requirements.
The land use approval requirements of this Development Code do not apply to the activities, uses of land, and/or structures identified by this section; however, the following activities, uses of land, and/or structures may require other permits or approvals in compliance with Section 16.12.040 (Additional permits and approvals may be required). The following are permitted in all zoning districts subject to compliance with all applicable development standards of this Development Code, any other applicable approvals, and this section:
A.
Decks, Paths, Driveways, and Other Minor Site Improvements. Decks, platforms, patio slabs, on-site paths, driveways, and other improvements that are not required to have building or grading permits by Title 15 (Buildings and Construction) of the Municipal Code, when these improvements:
B.
Fences and Walls—Residential Zoning Districts. Fences and walls of seven feet or less in height in the residential zoning districts are exempt from land use permit requirements as provided by Chapter 16.48 (Fences, Hedges, and Walls) unless located within the required front yard or street side yard setback.
C.
Interior Remodeling. Interior alterations that do not increase the gross floor area within the structure, or change the approved use of the structure.
D.
Portable Spas and Hot Tubs, Fishponds. Portable spas, hot tubs, fish ponds, etc., in compliance with side and rear setback requirements in Section 16.36.035 (Accessory structures) and any fencing requirements of the Building Code that do not:
E.
Reconstruction of Destroyed Uses and Structures. A use of land and/or structure destroyed by fire or natural disaster may be re-established as it existed, provided that it was legally established and in compliance with the use and development standards of this Development Code before destruction. Any nonconforming use or structure shall meet the requirements for nonconforming uses in compliance with Chapter 16.228 (Nonconforming Uses, Structures, and Parcels) before any use or structure is reestablished or repaired.
G.
Solar Collectors. The addition of solar collection systems to the roofs of existing structures.
H.
Utilities. The installation, construction, alteration, or maintenance by a utility or public agency of underground or overhead utilities (e.g., water, gas, electric, telecommunication, supply or disposal systems, including wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants, etc.), but not including structures housing equipment, shall be permitted in any zoning district, provided that the route of any electrical transmission line(s) for 50,000 volts or more may be subject to Commission and Council review and approval prior to acquisition of rights-of-way.
I.
Governmental Facilities. Facilities of the City, County, State, a school district, special district, or the Federal Government, on land owned or leased by a governmental agency for governmental operations, are exempt only to the extent mandated by State or Federal law or, with regard to city facilities, upon written determination of the City Manager.
J.
Electric vehicle charging devices including supporting equipment.
K.
Solar energy generation canopies located within existing parking lots when, as determined by the Director, no significant changes to circulation occur.
(Prior code § 16-130.030; Ord. 023-07 C.S. § 3; Ord. 2020-06-09-1501 C.S. § 2; Ord. 2020-12-01-1502 C.S. § 2; Ord. 2025-06-03-1601, 6/3/2025)
§ 16.12.040 Additional permits and approvals may be required.
Before starting work or establishing new uses, all necessary permits shall be obtained, including permits required by the Municipal Code such as building, grading, or other construction permits (Title 15) or business licenses (Title 5) and any applicable County, regional, State, Federal, or special district regulations.
(Prior code § 16-130.040)