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Stockton City Zoning Code

Division

3 Site Planning and General Development Regulations

§ 16.32.010 Purpose.

The purpose of this chapter is to establish uniform performance standards for development within the City that promotes compatibility with surrounding areas and land uses.
(Prior code § 16-305.010)

§ 16.32.020 Applicability.

A. 
The provisions of this chapter apply to all new and existing uses in all zoning districts. Uses of the land that existed on the effective date of the ordinance codified in this chapter shall not be altered or modified so as to conflict with, or further conflict with, these standards.
B. 
If requested by the Director or the Review Authority, applicants shall provide evidence to the Director that the proposed development is in compliance with the standards in this chapter and other applicable standards in this Development Code before the issuance of a building permit or business license.
(Prior code § 16-305.020)

§ 16.32.030 Evaluation of proposed projects.

Applicants for nonresidential projects requiring discretionary approval may be required by the Review Authority to submit evidence to help determine whether the project complies or would comply with the provisions of this chapter. Required information may include the following:
A. 
Construction Plans. Plans of construction and development;
B. 
Production Plans. A description of the machinery, processes, or products to be used or produced on the premises; and
C. 
Emissions.
1. 
Levels. Measurement of the expected amount or rate of emission of any dangerous or objectionable elements from the premises; and
2. 
Mitigation. Specifications for the mechanisms and techniques used or proposed to be used in restricting the emission of any dangerous or objectionable elements from the premises.
(Prior code § 16-305.030)

§ 16.32.040 Air pollution.

The operation of facilities shall not directly or indirectly discharge air contaminants into the atmosphere, including smoke, sulfur compounds, dust, soot, carbon, noxious acids, fumes, gases, mist, odors or particulate matter, or any other air contaminants or combination which exceeds any local, State, or Federal air quality standards or which might be obnoxious or offensive to anyone residing or conducting business either on-site or abutting the site. Sources of air pollution shall comply with rules identified by the Environmental Protection Agency, the California Air Resources Board, and the San Joaquin Valley Unified Air Pollution Control District. If requested by the Director, uses, activities, or processes that require Air Pollution Control District approval to operate shall file a copy of the permit with the Department within 30 days of its approval.
(Prior code § 16-305.040)

§ 16.32.050 Electrical interference.

Uses, activities, and processes shall be conducted so as not to produce electric and/or magnetic fields that adversely affect public health, safety, and welfare including interference with normal radio, telephone, or television reception from off the premises where the activity is conducted, except for amateur radio operations that comply with Federal Communication Commission regulations. Existing or proposed uses that generate electrical disturbances that may be considered hazardous or a nuisance shall be shielded, contained, or modified to prevent any disturbances. Operators of these uses shall comply with all applicable Federal Communications Commission regulations.
(Prior code § 16-305.050)

§ 16.32.060 Graffiti.

Graffiti as defined in Section 8.24.020 of the Municipal Code, is prohibited and shall be removed in compliance with Chapter 8.24 of the Municipal Code.
(Prior code § 16-305.055; Ord. 023-07 C.S. § 15; Ord. 001-08 C.S. § 2; Ord. 015-09 C.S., eff. 12-3-09; Ord. 2025-06-03-1601, 6/3/2025)

§ 16.32.070 Light and glare.

Light or glare from mechanical or chemical processes or from reflective materials used or stored on a site shall be shielded or modified to prevent emission of light or glare beyond the property line, or upward into the sky.
(Prior code § 16-305.060; Ord. 2025-06-03-1601, 6/3/2025)

§ 16.32.080 Noise.

Limitations on noise and requirements for noise mitigation are in Chapter 16.60 (Noise Standards).
(Prior code § 16-305.070)

§ 16.32.090 Odor.

Sources of odorous emissions shall comply with the rules and regulations of the San Joaquin Valley Unified Air Pollution Control District and the State Health and Safety Code. Noxious odorous emissions in a matter or quantity that is detrimental to or endanger the public health, safety, comfort, or welfare is declared to be public nuisance and unlawful, and shall be modified to prevent further emissions release, except for agricultural operations in compliance with Section 16.36.040 (Agricultural preservation).
(Prior code § 16-305.080)

§ 16.32.100 Vibration.

Uses that generate vibrations that may be considered a nuisance or hazard on any adjacent property shall be cushioned or isolated to prevent generation of vibrations. Uses shall be operated in compliance with the following provisions:
A. 
Uses shall not generate ground vibration that is perceptible without instruments by the average person at any point along or beyond the property line of the parcel containing the activities;
B. 
Uses, activities, and processes shall not generate vibrations that cause discomfort or annoyance to reasonable persons of normal sensitivity or which endangers the comfort, repose, health or peace of residents whose property abuts the property lines of the parcel;
C. 
Uses shall not generate ground vibration that interferes with the operations of equipment and facilities of adjoining parcels; and
D. 
Vibrations from temporary construction/demolition and vehicles that leave the subject parcel (e.g., trucks, trains, and aircrafts) are exempt from the provisions of this section.
(Prior code § 16-305.090)

§ 16.32.110 Water pollution.

No liquids of any kind shall be discharged into a public or private sewage or drainage system, watercourse, body of water, or into the ground, except in compliance with applicable regulations of the California Regional Water Quality Control Board (California Administrative Code, Title 23, Chapter 3 and the California Water Code.
(Prior code § 16-305.100)

§ 16.36.010 Purpose.

The purpose of this chapter is to prescribe development standards that apply, except where specifically stated otherwise, to development in all zoning districts to ensure that all development produces an environment of stable and desirable character that is harmonious with existing and future development, and protects the use and enjoyment of neighboring properties, consistent with the General Plan.
(Prior code § 16-310.010; Ord. 2025-06-03-1601, 6/3/2025)

§ 16.36.020 Applicability.

A. 
The standards of this chapter apply to all zoning districts, and therefore, are combined in this chapter. These standards shall be considered in combination with the standards for each zoning district in Division 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), and Chapter 16.80 (Standards for Specific Land Uses). Where there may be a conflict, the standards specific to the zoning district or specific land use shall override these general standards.
B. 
All structures, additions to structures, and uses shall conform to the standards of this chapter as determined applicable by the Director, except as identified in Chapter 16.228 (Nonconforming Uses, Structures, and Parcels).
(Prior code § 16-310.020)

§ 16.36.030 Access-General.

The following are general access requirements applicable to all land uses. More specific requirements for access are in Section 16.72.100 (Access, circulation, streets).
A. 
Access to Streets. Every structure shall be constructed upon or moved to a legally recorded parcel with a permanent means of access to a public street or road, a private street or road, or an alley where permitted. The street, road, or alley shall conform to City standards. All structures shall be located to provide access for servicing, fire protection, and required off-street parking. Parcels located on a private street or road that were legally established before the effective date of this Development Code, are exempt from the required compliance with the latest adopted City standards for private streets or roads.
B. 
Access to Structures. Accessory structures and architectural features shall not obstruct access to primary structures or accessory living quarters.
C. 
Driveways. Driveways providing site access shall be from an improved street, alley, or other public and/or private right-of-way, and shall be designed, constructed, and maintained in compliance with the City's Standard Specifications and Plans and Section 16.64.090(A) (Front and street side setback areas), and the following:
1. 
General.
a. 
The nearest edge of a driveway apron or curb return shall be at least five feet from the nearest property line, centerline of a fire hydrant, utility pole, light standard, or other similar facility.
b. 
The requirements of this section do not apply to freeways or controlled access highways and streets where access is limited by deed restrictions. The deed restrictions shall be reviewed for location and allowable width of opening.
c. 
Driveways located within five feet of the existing curb return at an alley intersection may be merged with the alley intersection pavement, requiring the removal of the curb return.
d. 
All driveways abutting roll curbs shall be subject to the provisions of these regulations. All commercial driveways abutting roll curbs shall be installed and maintained under an encroachment permit.
e. 
The entrance and exit of vehicles to and from property served by a driveway shall be confined to the established driveway.
f. 
Driveways lacking standard curbs and gutters shall be subject to the requirements of Section 16.36.030(C)(4)(b) (Lack of standard curb).
g. 
Pipes or under walk drains of size and at grade required by the City Engineer shall be installed to maintain drainage.
2. 
Residential.
a. 
Number of Driveways. Residential sites shall be allowed the following number of driveways, except as otherwise approved by the City Engineer:
i. 
Single-Unit Dwellings. One driveway. No access shall be permitted on collector or arterial streets unless no other frontage exists. Driveways on collector or arterial streets shall be subject to approval by the City Engineer.
ii. 
Multi-Unit Development with Two or Three Units. One driveway per local street frontage. No access shall be permitted on collector or arterial streets unless no other frontage exists. Driveways on collector or arterial streets shall be subject to approval by the City Engineer.
iii. 
Planned Development and Multi-Unit Development with Four or More Units. Planned Developments and multi-unit developments with four or more units shall be allowed the following number of driveways:
(A) 
Arterial/Collectors. For projects on streets identified as arterials or collectors:
(1) 
Less than Two Acres. One driveway shall be allowed.
(2) 
Two or More Acres. Two driveways shall be allowed.
(B) 
Other. For projects on other types of streets, one driveway shall be allowed per street frontage.
b. 
Driveway Spacing. Driveways shall be separated along the street frontage (driveways on the same or adjoining parcels) as follows or as otherwise approved by the City Engineer:
i. 
Single-Unit, Duplex, Triplex Residential Development. Driveways shall be separated by at least six feet, unless a shared, single driveway is approved by the Director. The six foot separation does not include the transition or wing sections on the side of the driveway.
ii. 
Planned Developments and Multi-Unit Development with Four or More Units. Where two or more driveways serve the same or adjacent multi-unit development with four or more units or adjacent nonresidential development, the driveways shall be separated by a minimum of 50 feet.
c. 
Distance from Street Intersections. Driveways to parking areas shall be located as follows:
i. 
Single-Unit, Duplex, Triplex Development. Driveways on local streets shall be located a minimum of 30 feet from the curb return of the nearest intersecting street to the nearest edge of the driveway throat. No access shall be permitted on collector or arterial streets unless no other frontage exists. Driveways on collector and arterial streets shall be subject to approval by the City Engineer.
ii. 
Planned Developments and Multi-Unit Development with Four or More Units. Driveways shall be located as follows:
(A) 
Urban. Driveways within urban areas shall be located as follows, except as otherwise approved by the City Engineer:
(1) 
Unsignalized Intersections. Driveways shall be located a minimum of 75 feet from the curb return of the nearest intersecting street to the nearest edge of the driveway throat.
(2) 
Signalized Intersections. Driveways shall be located a minimum of 125 feet from the curb return of the nearest intersecting street to the nearest edge of the driveway throat if only right turns are allowed into the driveway. If both right and left turns are allowed, the distance shall be a minimum of 275 feet.
(B) 
Suburban. Driveways within suburban areas shall be located as follows:
(1) 
Unsignalized Intersection. Driveways shall be located a minimum of 150 feet from the curb return of the nearest intersecting street to the nearest edge of the driveway throat.
(2) 
Signalized Intersections. Driveways shall be located a minimum of 300 feet from the curb return of the nearest intersecting street to the nearest edge of the driveway throat, if only right turns are allowed into the driveway. If both right and left turns are allowed, the distance shall be a minimum of 400 feet.
d. 
Width. The width of a residential driveway shall be measured along the street side property line. Except for the special approval of the City Engineer, the maximum width of a residential driveway shall not exceed 26 feet.
e. 
Standards. Driveways for single-unit dwellings shall comply with the requirements of Section 16.64.090(A) (Parking in residential zoning districts—Front and street side setback areas).
3. 
Nonresidential.
a. 
Number of Driveways. Nonresidential sites on arterial or collector streets shall be allowed the following number of driveways:
i. 
Urban. The number of driveways shall be as follows, except as otherwise approved by the City Engineer:
(A) 
Site of Two or More Acres and/or Integrated Center, with at Least 150 Feet of Frontage per Street.
(1) 
One driveway per street frontage; and
(2) 
One additional driveway per street frontage if that frontage exceeds 400 feet in length. If the site is located on a collector street and the frontage does not exceed 400 feet in length, one additional common/shared driveway may be allowed, subject to the recordation of reciprocal access easements.
ii. 
Suburban. The number of driveways shall be as follows:
(A) 
Site of Less Than Two Acres/Not an Integrated Center. One driveway shall be allowed per street frontage; and
(B) 
Site of Two or More Acres and/or Integrated Center, with at Least 400 Feet of Frontage per Street.
(1) 
One driveway per street frontage; and
(2) 
One additional driveway per street frontage if that frontage exceeds 800 feet in length. If the site is located on a collector street and the frontage does not exceed 800 feet in length, one additional common/shared driveway may be allowed subject to the recordation of reciprocal access easements.
b. 
Distance from Street Intersections. Nonresidential driveways to parking areas shall be located as follows:
i. 
Downtown. The location of driveways shall be as approved by the City Engineer.
ii. 
Urban (Including Special Purpose Zones and Overlay Districts). The location of driveways shall be as follows:
(A) 
Unsignalized Intersections. Driveways shall be located a minimum of 75 feet from the curb return of the nearest intersecting street to the nearest edge of the driveway throat.
(B) 
Signalized Intersections. Driveways shall be located a minimum of 125 feet from the curb return of the nearest intersecting street to the nearest edge of the driveway throat if only right turns are allowed into the driveway. If both right and left turns are allowed, the distance shall be a minimum of 275 feet.
iii. 
Suburban. Driveways to parking areas on arterial and collector streets shall be located as follows:
(A) 
Unsignalized Intersections. Driveways shall be located a minimum of 150 feet from the curb return of the nearest intersecting street to the nearest edge of the driveway throat.
(B) 
Signalized Intersections. Driveways shall be located a minimum of 300 feet from the curb return of the nearest intersection to the nearest edge of the driveway throat if only right turns are allowed into the driveway. If both right and left turns are allowed, the distance shall be a minimum of 400 feet. See Figure 3-2.
FIGURE 3-2 DRIVEWAY DISTANCE FROM INTERSECTION
 -VII--Image-35.tif
 -VII--Image-36.tif
c. 
Driveway Spacing. Driveways shall be separated along the street frontage so that where two or more driveways serve the same or adjacent nonresidential development, the driveways shall be separated by a minimum of 50 feet. Exceptions to this standard shall be subject to the approval of the City Engineer and in no case shall the distance between driveways be less than 12 feet.
d. 
Width. The width of nonresidential driveways shall comply with the following:
i. 
The standard width of a nonresidential driveway shall not exceed 30 feet. The City Engineer may allow a wider driveway if:
(A) 
The total driveway width does not exceed 50 percent of the frontage of the property.
(B) 
The driveway would:
(1) 
Not create an adverse impact on the public street or interfere with the proper development of the property because of existing structures, an unusual shape or dimensions; and
(2) 
Not adversely affect pedestrian and traffic safety or adjacent properties, or modify the standards.
ii. 
If the property abuts more than one street, the width for a driveway on each street shall be considered separately and shall be based on the frontage of the property on that street only.
iii. 
The width of the driveway shall be measured at the end of the curb return or apron on the private property side of the street side of the property line.
iv. 
If the above standards would create an adverse impact on the public street or interfere with the proper development of the property because of existing structures, an unusual shape or dimensions, the City Engineer may, where such action would not adversely affect pedestrian and traffic safety or adjacent properties, modify the standards. In no case shall the width of a nonresidential driveway exceed 60 feet.
e. 
Special Driveways.
i. 
Parking Facilities. Encroachment permits for driveways for commercial, public, or private parking facilities shall not be issued until plans for the parking facilities have been approved by the Director or a use permit has been issued, as appropriate; and
ii. 
Service Stations. Encroachment permits for driveways for service stations shall not be issued unless a clear distance of 18 feet is provided between the nearest fuel pump block and the contiguous street right-of-way in compliance with Section 16.80.320 (Service stations).
4. 
Driveway Construction.
a. 
Permit. An encroachment permit in compliance with Section 16.72.125 (Encroachment permit) shall be required for the construction of all new driveways or the reconstruction of an existing driveway located on a public right-of-way.
i. 
Requirements. The encroachment permit may be obtained by a licensed contractor. The applicant shall be responsible for the work performed. The applicant shall have the written consent of the property owner.
ii. 
Permit Conditions.
(A) 
If a curb has been opened or ramped for driveway installation and the driveway is subsequently abandoned, the property owner shall restore the curb to its original section or remove the ramp, as determined by the City Engineer. If the owner, agent, or person in possession of the property fails to restore the curb and gutter to their original section, the City shall complete the work and all cost shall be borne by the owner/applicant.
(B) 
The applicant shall exercise reasonable care to properly maintain a driveway that the applicant placed in the street and to exercise reasonable care in inspecting for, immediately repairing, and making good any damage to any portion of the street which occurs as a result of the work done under the encroachment permit, including any and all damages to the street which would not have occurred had the work not been done or the driveway not placed in that location.
(C) 
The applicant shall be responsible for all liability for personal injury or property damage which may occur out of the failure of the applicant to perform the obligations of the permit. In the event any claim for liability is made against the City, or any department, office, or employee of the City, the applicant shall defend, indemnify, and hold them and each of them harmless from such a claim.
b. 
Lack of Standard Curb. Where standard curbs and gutters are lacking, driveways within the right-of-way lines may be surfaced by extending the same type of surfacing existing on the property so as to merge with the street pavement. The surfacing shall be adequate for the traffic to be carried and constructed to the established grade and other slope to provide for proper drainage with a pipe size of sufficient diameter, as determined by the City Engineer. If the driveway pavement is extended beyond the property line into the City's right-of-way at an intersection, the City Engineer may require the applicant to construct a suitable traffic island or curb section to provide for installation and protection of and traffic signals or signs as may be deemed necessary.
c. 
Removal of Existing Curbs. If a curb is opened to permit installation of a driveway, all the existing concrete in the curb and/or gutter shall be removed, except as otherwise directed by the City Engineer. No curb or gutter shall be removed until the driveway plan has been approved and the encroachment permit issued.
d. 
Completion. The construction of driveways requiring a breakout of a curb section shall be diligently pursued to completion. If work is not completed within 45 working days after the date of the issuance of the encroachment permit, the property owner shall reimburse the City to:
i. 
Restore the original curb and gutter section; or
ii. 
Complete the work in accordance with the approved plans.
e. 
Inspection and Approval.
i. 
Driveway construction shall be subject to the approval of the City Engineer. It shall be the responsibility of the applicant to request the inspection in compliance with the requirements/provisions of the encroachment permit.
ii. 
Completed driveways shall conform to the approved plan and the terms of the encroachment permit. Work not in conformity with the approved plan and encroachment permit shall be removed and properly replaced at the expense of the owner.
f. 
Maintenance. Driveways shall be maintained in good condition by the property owner.
D. 
Traffic Sight Area. Structures or landscaping over 30 inches in height shall not be allowed within a traffic sight area formed by the intersection of public rights-of-way, driveways, or alleys as determined by the City Engineer in compliance with Section 16.36.140 (Traffic sight area).
(Prior code § 16-310.030; Ord. 023-07 C.S. §§ 16, 17; Ord. 015-09 C.S., eff. 12-3-09; Ord. 2025-06-03-1601, 6/3/2025)

§ 16.36.035 Accessory structures.

A. 
Applicability.
1. 
Detached Structures. The provisions of this section apply to roofed structures, including, but not limited to, garages, carports, sheds, workshops, gazebos, and covered patios that are detached from and accessory to a main building on the site. These provisions also apply to open, unroofed structures such as decks and trellises that are over 24 inches in height and are detached from and accessory to a main building on the site.
2. 
Attached Structures. The provisions of this section do not apply to accessory structures attached to a main building, which shall comply in all respects with the requirements of this Code applicable to the main building. Structures with a common wall or roof with the main building, or that rely partially on the main building for structural support, shall be considered part of the main building.
3. 
Accessory Dwelling Units. Accessory dwelling units, attached or detached, are subject to the standards of Section 16.80.310 (Accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs)).
B. 
Relation to Existing Structures. A detached accessory structure may only be constructed on a lot on which there is a permitted primary structure to which the accessory structure is related.
C. 
Development Standards. Accessory structures shall meet the development standards of the zoning district in which they are located except as follows:
1. 
Setback Areas. Detached accessory structures, or portions thereof, located within required setback areas shall comply with Section 16.36.110 (Setback regulations and exceptions).
2. 
Maximum Height. Accessory structures shall not exceed a height of 15 feet.

§ 16.36.040 Agriculture preservation (right to farm).

A. 
Purpose. It is the public interest to preserve the City and County's agricultural operations while minimizing conflicts to new urban development. The intrusion of urban development often leads to restrictions on agricultural operations to the detriment of the agricultural uses. The purposes of this section are to:
1. 
Preserve, protect, and encourage the use of viable agricultural lands for food and agricultural production and the keeping of livestock;
2. 
Recognize and support the right of persons and entities to farm;
3. 
Reduce the loss of agricultural operations by limiting the circumstances under which an agricultural operation may be considered a nuisance; and
4. 
Advise prospective purchasers, residents, and tenants of property adjoining or near agricultural operations (including the keeping of livestock), of the inherent conflicts associated with the purchase of a residence near an agricultural operation including the presence of chemicals, dust, light, noise, odors, and traffic that may occur near agricultural operations.
B. 
Nuisance. No agricultural activity, operation, or facility, or appurtenances thereof conducted or maintained for commercial purposes, and in a manner generally consistent with recognized minimum customs and standards, as established and followed by similar agricultural operations, shall be or become a nuisance, private or public, due to any changed conditions in or about any land proximately located to any farming operation.
C. 
Conclusive Presumption. A conclusive presumption shall apply in any administrative, civil, or criminal action or proceeding arising directly or indirectly from a decision by the City to convert proximately located land from agriculture to urban uses that all persons or entities enjoying or occupying the converted land had full knowledge of existing or future agricultural activity and operation and as a condition of enjoying, directly or indirectly, the benefits conferred by the land use decision of the City specifically waived any objection, complaint, or disagreement to the agricultural operator's right to continue conducting farming existing and future agricultural activities and farming operations.
D. 
Deed Restriction. Each tentative subdivision map approved or use permit issued to convert proximately located land from agriculture to urban uses shall contain a condition requiring the landowner report a deed restriction waiving any right to complain about or file any action concerning farming operations and practices. The Stockton City Attorney shall approve the form of the deed restriction.
E. 
Cooperation. The City of Stockton shall cooperate with the City of Lodi and other governmental agencies concerning the funding and purchasing of conservation easements for lands located between the two cities.
F. 
Disclosure. The approval of all parcel, tentative, or vesting tentative maps adjacent to or near agricultural lands shall require the owners, developers, or successors-in-interest to notify all purchasers of lots within the project site of the nature and extent of existing agricultural activities, operations, and facilities in the vicinity of the project site. If the first purchaser of a lot is a builder, this requirement shall extend to the builder so that the actual homeowner receives the notice.
This disclosure shall provide notice of the potential conflicts or effects of typical agricultural activities including, noise, odors, dust, agricultural spraying, agricultural burning, etc. Notice shall be provided in compliance with California Civil Code Section 3482.5, stating that typical agricultural activities shall not be considered a nuisance except as otherwise provided in that Civil Code section.
(Prior code § 16-310.040; Ord. 036-04 C.S. § 2)

§ 16.36.045 Containerized storage units.

Unmodified, stackable, metal shipping containers that are greater than 120 square feet in size, not permanently affixed to the grounds, and used for accessory storage are allowed in compliance with the following standards.
A. 
Allowed Districts.
1. 
Residential Districts. Permanent containerized storage units are prohibited. Temporary units are allowed only for the storage of construction materials on the same site as an active building permit.
2. 
Commercial Districts. Permanent containerized storage units are prohibited. Temporary units may be allowed subject to a temporary activity permit.
3. 
Industrial Districts. Temporary and permanent containerized storage units shall be allowed in compliance with the requirements of this Development Code for primary structures, including the following:
a. 
Screening. All containerized storage units shall be screened from public rights-of-way in compliance with Section 16.36.100 (Screening and buffering).
b. 
Parking. The containerized storage unit shall be included in determining the parking requirements for the primary use in compliance Chapter 16.64 (Off-Street Parking and Loading Standards).
B. 
Modifications. Any modification or permanent attachment to the ground shall be subject to the requirements of this Development Code, the Municipal Code, the California Building Standards Code, standard plans and specifications, and design review.

§ 16.36.050 Historical and cultural resources.

A. 
General Provisions. If any historical, cultural, or archaeological resource or human remains may be impacted by any project requiring a discretionary land use permit, the Director shall be notified, any survey needed to determine the significance of the resource shall be conducted, and the proper environmental documents shall be prepared.
1. 
Historical or cultural resources that are not designated but that are determined to be eligible for the California Register of Historical Resources shall be considered as such for the purposes of the California Environmental Quality Act (CEQA).
B. 
Archaeological Resources. In the event that archaeological resources are discovered during any construction, construction activities shall cease, and the Department shall be notified so that the extent and location of discovered materials may be recorded by a qualified archaeologist, and disposition of artifacts may occur in compliance with State and Federal law.
C. 
Human Remains. In the event human remains are discovered during any construction, construction activities shall cease, and the County Coroner and Director shall be notified immediately in compliance with CEQA Guidelines 15064.5(d). A qualified archaeologist shall be contacted to evaluate the situation. If the human remains are of Native American origin, the Coroner shall notify the Native American Heritage Commission within 24 hours of this identification. The Native American Heritage Commission will identify the most likely descendent of the Native American to inspect the site and provide recommendations for the proper treatment of the remains and associated grave goods.
D. 
Historic Resources.
1. 
Applicability. The standards of this section apply to all designated landmarks, historic sites, structures of merit, and historic preservation districts.
2. 
Certificate of Appropriateness Required. Except for exemptions listed below, a certificate of appropriateness pursuant to Section 16.220.060 (Certificates of appropriateness) shall be required for the following:
a. 
Any exterior alteration, expansion, demolition, relocation, or removal of any building, structure, artifact, natural or designed landscape feature, or site within a historic preservation district unless exempted below;
b. 
Any exterior alteration, expansion, construction, demolition, relocation, or removal of any designated historic landmark or structure of merit unless exempted below;
c. 
Any new construction within a historic preservation district or on the property of a landmark or structure of merit; and
d. 
Any removal, alteration, expansion, or addition of lights, signs, designed landscape feature, street trees, or other frontage improvements in a historic preservation district or property of a landmark and structure of merit.
e. 
Exemptions. The requirement for a certificate of appropriateness shall not apply to the following:
i. 
Interior changes to a building or structure;
ii. 
Minor changes, including:
(A) 
Landscaping that does not alter the style or character of the site, building, or structure or adversely impact the general architectural and/or cultural features of the property;
(B) 
Electronic security systems;
(C) 
Interior fire and life safety devices and/or systems;
(D) 
Application of same or similar paint colors to existing buildings except for those surfaces which, in the opinion of the Director, have historically been unpainted (e.g., masonry, wood shingles, chimneys); and
(E) 
Other conditions the Director determines to be minor.
iii. 
If the Director determines that an emergency or hazardous condition exists and that it needs to be corrected to ensure public health, safety, and welfare.
3. 
Historic Resource Demolition/Relocation Permit. A historic resource demolition/relocation permit pursuant to Section 16.220.150 (Demolition or relocation of historic structures) is required for the demolition or relocation of a historic resource.
4. 
Maintenance.
a. 
Responsibility to Maintain. All property owners and/or tenants of landmarks, historic sites, structures of merit, and buildings and structures in a historic preservation district shall maintain and keep in repair the historical resources and premises which shall be preserved against decay and deterioration by being kept free from the following structural defects:
i. 
Deteriorated or inadequate foundation, which jeopardizes structural integrity;
ii. 
Defective or deteriorated floor supports or any structural members of insufficient size to carry imposed loads with safety, which jeopardizes structural integrity;
iii. 
Members of external or interior walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration which jeopardizes structural integrity;
iv. 
Fireplaces or chimneys which list, bulge, or settle due to defective material or deterioration or are of insufficient size or strength to carry imposed loads with safety which jeopardizes structural integrity;
v. 
Deteriorated or crumbling exterior plasters, mortar, or stucco;
vi. 
Lack of weather protection or ineffective waterproofing of exterior walls, roof, and foundations, including broken windows or doors;
vii. 
Peeled paint, rotting, holes, and other forms of decay;
viii. 
Lack of maintenance of the surrounding environment (e.g., accessory structures, fences, gates, landscaping, sidewalks, signs, and steps); or
ix. 
Any deteriorated feature creating, or allowing the creation of, any hazardous or unsafe condition or conditions.
b. 
Time for Correction. The owner or the owner's agent shall repair the object, building, structure, or site within the period of time specified in the written order to correct defects or repairs to any historical resource in compliance with subsection D.4.a (Responsibility to Maintain), above, so that the historical resource shall be preserved and protected in compliance with the purpose of this chapter.
c. 
Property Maintenance Standards. The property shall be maintained in compliance with Chapter 8.36, Property Maintenance, of the Municipal Code.
d. 
Ordinary Maintenance and Repair. Nothing in this section shall be interpreted to prevent the ordinary maintenance or repair of any exterior architectural feature in, or on, any designated historical resource that does not involve a modification or change in design, material, or external appearance.
5. 
Economic Hardship. If a determination of economic hardship is made, the Review Authority shall take it into consideration in making any decision regarding a historic landmark, historic preservation district, or historic site.
a. 
Standards. The Board may make a determination of economic hardship if the property owner can demonstrate that one of the following standards apply:
i. 
Income Producing Property. The income producing property would be unable to obtain a reasonable rate of return in its present condition or if rehabilitated; or
ii. 
Non-Income Producing Property. The non-income producing property has no beneficial use as a single-unit dwelling, duplex, triplex, or institutional use in its present condition or if rehabilitated.
b. 
Lack of Hardship. A determination of economic hardship shall not be based on, or include, any of the following circumstances:
i. 
Willful or negligent acts by the owner;
ii. 
Purchase of the property for substantially more than market value;
iii. 
Failure to perform ordinary maintenance or repairs;
iv. 
Failure to diligently solicit and retain tenants; or
v. 
Failure to provide normal tenant improvements.
(Prior code § 16-310.050; Ord. 2025-06-03-1601, 6/3/2025)

§ 16.36.060 Demolition and relocation of buildings.

The demolition and relocation of buildings, structures, or site features (or portions thereof) are subject to the standards and permit requirements of Title 15, Buildings and Construction, of the Stockton Municipal Code. In addition to the standards and permit requirements of Title 15, the demolition and relocation of the following require a Historic Resource Demolition/Relocation Permit pursuant to Section 16.220.150 (Demolition or Relocation of Historic Structures).
A. 
Buildings, structures, or site features that are designated City landmarks, contributing structures located in an Historic Preservation District, a Structure of Merit, or buildings or structures listed on any other local, State or Federal register.
B. 
Buildings or structures constructed or in place at least 50 years before the date of application for demolition or relocation.
C. 
Exemptions. Buildings, structures, or site features that are deemed to be unsafe or a public nuisance, in accordance with Title 15 of the Municipal Code, may be issued a demolition/relocation permit, as determined by the Director. The Department may retain a structural engineer, at the expense of the applicant, to assist the Director in making a determination.

§ 16.36.070 Environmental compliance.

All proposed projects/activities (ministerial and discretionary) shall adhere to the applicable mitigation measures for any previously adopted or certified environmental document for which the land was zoned or entitled to allow the intended use. In compliance with Section 15096 of the CEQA Guidelines and City's CEQA Guidelines, the applicable environmental document(s) shall be referenced and when necessary, the CEQA findings shall be adopted or recommended for any project approvals in which the City is a lead or responsible agency (as defined in CEQA) for the approvals, as applicable.
(Prior code § 16-310.070; Ord. 2025-06-03-1601, 6/3/2025)

§ 16.36.075 Graffiti prevention and ease of removal provisions.

In addition to the standards and requirements of Chapter 8.24, Graffiti, of the Municipal Code, the following graffiti prevention and ease of removal provisions apply.
A. 
Applicability. All multi-unit projects, nonresidential projects, and back-up walls shall incorporate either paint or graffiti-resistant coatings pursuant to subsection B (Paint or Coatings), or graffiti-limiting landscaping pursuant to subsection C (Graffiti-Limiting Landscaping).
B. 
Paint or Coatings. Walls shall be painted with two coats of flat, exterior, water-based, 100% acrylic paints with low volatile organic compounds which meet the standards of the California Air Resources Board. If the wall includes natural stone, brick, or similar material, a clear coating that allows for graffiti abatement shall be applied to the surface in accordance with manufacturers instructions.
1. 
Back-Up Walls.
a. 
Back-up walls maintained through the Stockton Consolidated Landscape Maintenance Assessment District shall be painted with two coats of flat, exterior, water-based, 100% acrylic paint in a standard color that is readily available from a local paint store or home improvement center. If the wall includes natural stone, brick or similar material, a clear coating that allows for graffiti abatement shall be applied to the surface in accordance with manufactures instructions.
b. 
Property owner associations shall be responsible for abatement of all graffiti on back-up walls maintained through a private maintenance association in accordance with all applicable sections of this Municipal Code.
2. 
Materials. A supply of paint or compatible graffiti-removal material shall be provided to the City in compliance with Sections 8.24.170 and 8.24.180 of the Municipal Code.
C. 
Graffiti-Limiting Landscaping. Property in front of solid fences and walls shall be landscaped with vegetation that will cover at least 80% of the fence/wall within three years. Modifications to this standard may be granted by the Director where site characteristics make it infeasible or impractical to provide the required landscaping and the Director finds that adequate alternative measures have been incorporated into the project to limit graffiti.

§ 16.36.080 Hazardous materials.

A. 
Purpose.The following standards are intended to ensure that the use, handling, storage, and transportation of hazardous materials comply with all applicable State laws (Government Code Section 65850.2 and Health and Safety Code Section 25505, et seq.) and that appropriate information is reported to the City.
B. 
Applicability. The standards of this section apply to the use, handling, storage, and transportation of hazardous materials.
1. 
For the purposes of this section, "hazardous materials" shall include materials that meet the requirements of Tables 105A and 105B and Section 105 (Permits) of the Fire Code adopted by the City of Stockton.
C. 
Use Permit Required. An administrative use permit in compliance with Chapter 16.168 (Use Permits) shall be required for any new commercial, industrial, institutional, or accessory use, or major addition (over 10 percent) to an existing use within 1,000 feet of a residential zoning district that involves the manufacture, storage, handling, or processing of hazardous materials in sufficient quantities that would require permits as hazardous materials.
D. 
Reporting Requirements. All businesses required by State law (Health and Safety Code, Section 6.95) to prepare hazardous materials release response plans and hazardous materials inventory statements shall upon request submit copies of these plans, including any revisions, to the Fire Department.
E. 
Underground Storage. Underground storage of hazardous materials shall comply with all applicable requirements of State law (Health and Safety Code, Section 6.7 and Chapter 27 of the California Fire Code, or as subsequently amended).
F. 
Above-Ground Storage. Aboveground storage tanks for hazardous materials and flammable and combustible liquids may be allowed subject to the approval of the Fire Department.
G. 
New Development. Structures adjacent to a commercial supply bulk transfer delivery system with at least six inch pipes shall be designed to accommodate a setback of at least 100 feet from that delivery system. This setback may be reduced if the Director, with recommendation from the Fire Department, can make one or more of the following findings:
1. 
The structure would be protected from the radiant heat of an explosion by berming or other physical barriers;
2. 
A 100-foot setback would be impractical or unnecessary because of existing topography, streets, parcel lines, or easements; or
3. 
A secondary containment system for petroleum pipelines and transition points shall be constructed. The design of the system shall be subject to the approval of the Fire Department.
H. 
Notification Required. A subdivider of a development within 500 feet of a pipeline shall notify a new/potential owner before the time of purchase and the close of escrow of the location, size, and type of pipeline.
(Prior code § 16-310.080; Ord. 023-07 C.S. § 18; Ord. 015-09 C.S., eff. 12-3-09; Ord. 2022-07-12-1601-02 C.S. § 13; Ord. 2025-06-03-1601, 6/3/2025)

§ 16.36.090 Height measurement and height limit exceptions.

A. 
Maximum Height. The height of structures shall not exceed the standard established by the applicable zoning district in Chapter 16.24 (Zoning District Development Standards), or other provision of this Code, except as provided in Section 16.36.090.C (Exceptions to Height Limits), or as specifically identified in another section of this Code.
B. 
Maximum Height. Maximum height shall be measured as the vertical distance from the finish grade to an imaginary plane located the allowed distance above, and parallel to, the finish grade, or as provided by the California Building Standards Code.
FIGURE 3-3 HEIGHT MEASUREMENT
C. 
Exceptions to Height Limits. The structures listed below may exceed the maximum permitted height for the district in which they are located, subject to the limitations stated and further provided that no portion of a structure in excess of the height limit may contain habitable areas or advertising.
1. 
Roof-Mounted Structures. Roof-mounted structures for the housing of elevators, stairways, tanks, ventilating fans, wind power equipment, chimneys, flag poles, towers, skylights, smokestacks, wireless masts, or similar equipment required to operate and maintain the structure, shall be allowed, up to a maximum of 15 feet above the structure height. The structures shall be screened in compliance with Section 16.36.100 (Screening and buffering). The total square footage of all structures above the heights allowed in the zoning districts shall not occupy more than 25% of the total roof area of the structure.
2. 
Communications Facilities. Communication facilities, including antennae (television, radio, cellular, etc.), poles, towers, and necessary mechanical appurtenances, are subject to the provisions of Chapter 16.44 (Communications Facilities).
3. 
Parapet Walls. Fire or parapet walls in nonresidential zoning districts may extend up to four feet above the allowable height limit of the structure.
FIGURE 3-4 PARAPET WALL HEIGHT
(Prior code § 16-310.090; Ord. 023-07 C.S. § 19; Ord. 015-09 C.S., eff. 12-3-09; Ord. 2020-12-01-1502 C.S. § 5; Ord. 2025-06-03-1601, 6/3/2025)

§ 16.36.095 Lighting and illumination.

A. 
Applicability. The standards of this section apply to all new development and to exterior alterations and additions that involve replacement light fixtures or systems, except as provided below.
1. 
Exemptions. The following lighting is exempt from the provisions of this section.
a. 
Street lighting.
b. 
Athletic Field Lights. Athletic field lights used within a City parks and private schools and universities.
c. 
Safety and Security Lighting. Safety and security lighting for public facilities.
d. 
Construction and Emergency Lighting. All construction or emergency lighting fixtures, provided they are temporary and are discontinued immediately upon completion of the construction work or abatement of the emergency.
e. 
Seasonal Lighting. Seasonal lighting displays related to cultural or religious celebrations.
B. 
Application Requirements. Any planning application that includes new or replacement light fixtures or systems shall include a photometric plan showing foot-candle levels for proposed lighting intensity at property line(s), except as provided below.
1. 
Applications for outdoor lighting associated with residential development of less than four units and property-owner installed lighting are not required to submit photometric plans unless requested by the Director due to project location, size, use, and proposed lighting.
C. 
Prohibitions. The following types of exterior lighting are prohibited unless specifically allowed subject to another part of this Code.
1. 
Searchlights. The operation of searchlights for purposes other than public safety.
2. 
Mercury Vapor. Mercury vapor lights.
3. 
Other Light Types. Laser lights or any other lighting that flashes, blinks, alternates, or moves.
D. 
Required Illumination.
1. 
Multi-Unit Residential Buildings. Aisles, passageways, and recesses related to and within the building complex shall be illuminated with an intensity of at least one-quarter foot-candle at the ground level during the hours of darkness.
2. 
Nonresidential Buildings. All exterior doors, during the hours of darkness, shall be illuminated with a minimum of one-half foot-candle of light.
E. 
Maximum Light Levels. The light level at property lines shall not exceed one foot-candle.
F. 
General Requirements.
1. 
Maximum Height. Light standards shall not exceed 20 feet in height except where: the Director allows additional height for activities, uses, or development with unique lighting needs; for accentuating historic architectural features of a building, signage, and/or landscaping features; or, for security purposes, provided the lighting otherwise complies with all other requirements of this Code.
2. 
Fixture Types. All luminaries shall meet the most recently adopted criteria of the Illuminating Engineering Society of North America (IESNA) for "Cut Off" or "Full Cut Off" luminaries.
3. 
Design of Fixtures. Fixtures shall be appropriate to the style and scale of the architecture. Fixtures on buildings shall be attached only to walls or eaves, and the top of the fixture shall not exceed the height of the parapet or roof or eave of roof.
4. 
Timing Controls. All outdoor lighting in nonresidential development shall be on a time clock or photo-sensor system and turned off during daylight hours and during hours when the building is not in use and the lighting is not required for security.
5. 
Light Trespass and Glare Prevention. All lights shall be directed, oriented, and shielded to prevent light trespass or glare onto adjacent properties.

§ 16.36.100 Screening and buffering.

This section provides standards for the screening and buffering of adjoining land uses, equipment, and outdoor storage areas, and surface parking areas. Multi-unit and nonresidential land uses shall comply with the requirements of this section.
A. 
Screening of Mechanical and Electrical Equipment. All exterior mechanical and electrical equipment shall be screened or incorporated into the design of buildings so as not to be visible from public rights-of-way or adjacent residential or open space districts. Equipment to be screened includes, but is not limited to, all roof-mounted equipment, air conditioners, heaters, utility meters, cable equipment, telephone entry boxes, backflow preventers, irrigation control valves, electrical transformers, pull boxes, and all ducting for air conditioning, heating, and blower systems. Screening materials shall be consistent with the exterior colors and materials of the building. Exceptions may be granted by the Director where screening is infeasible due to health and safety or utility requirements.
B. 
Common Property Lines. A solid masonry screening wall eight feet in height shall be provided on the interior lot lines of any lot with an industrial use that abuts a residential zone or use.
1. 
Timing. The screening wall shall be provided at the time of new construction or expansion of buildings, or changes of use to an industrial use.
2. 
Location. Screening walls shall follow the lot line of the lot to be screened, or shall be so arranged within the boundaries of the lot so as to substantially hide from adjoining lots the building, facility, or activity required to be screened.
3. 
Exception. Screening shall not be required along a lot line where a building wall, solid fence or freestanding wall of the required height exists immediately abutting and on the other side of the lot line.
C. 
Outdoor Storage Areas. Outdoor storage areas shall be screened from view from any adjacent public street or freeway, existing or planned residential area, or publicly accessible open space or park and recreation area.
1. 
Height. Screening walls and fences shall be at least seven feet tall and no materials or equipment shall be stored to a height greater than that of the wall or fence. Fences and walls shall not exceed the maximum allowable fence heights unless required by the City for noise abatement or as otherwise allowed through an administrative exception or waiver approval pursuant to Chapter 16.112 (Administrative Exceptions) or Chapter 16.176 (Waivers).
2. 
Site operations in conjunction with outdoor storage, including the loading and unloading of materials and equipment, shall be conducted entirely within a walled area.
3. 
Incidental outdoor storage shall be permitted, subject to the above standards. Outdoor storage that is a primary land use shall be subject to the applicable zoning district land use regulations identified in Division 2 (Zoning Districts, Allowable Land Uses, and Zone Specific Standards), and the above standards.
FIGURE 3-5 OUTDOOR STORAGE AREA SCREENING
D. 
Other Outdoor Use Areas. Where the Director finds that an outdoor use without screening would have a detrimental effect, the outdoor use shall be screened from view from any public street or freeway; existing or planned residential area; or publicly accessible open space or park and recreation area.
E. 
Materials. Unless otherwise specified, screening walls shall be constructed of stucco, decorative block, concrete panel, wood not less than one inch thick, or other substantially equivalent material.
1. 
Supports. Supports shall be of four-by-four wood posts, pipe, or masonry piers located on a maximum six-foot center and cemented in place.
2. 
Berms. An earth berm may be used instead of or in combination with the above types of screening walls.
3. 
Vegetation. Required screening may be provided through an evergreen hedge or mix of evergreen shrubs and trees of a type, density, and spacing so that sight and illumination will be obscured through the screening within three years of planting and the vegetation is maintained at a minimum height of six feet.
F. 
Graffiti Prevention. Fences and walls shall be designed and built so as to control graffiti in compliance with Section 8.24.170 (Ease of removal provisions).
G. 
Maintenance. Screening walls shall be maintained in good repair, including painting, if required, and shall be kept free of litter or advertising. Where hedges are used as screening, trimming or pruning shall be employed as necessary to maintain the maximum allowed height.
(Prior code § 16-310-100; Ord. 023-07 C.S. § 20; Ord. 015-09 C.S., eff. 12-3-09; Ord. 2025-06-03-1601, 6/3/2025)

§ 16.36.110 Setback regulations and exceptions.

A. 
Measurement of Setbacks. Setbacks shall be measured at right angles from the nearest point of the corresponding front, side, or rear lot line, except as follows:
1. 
Access Easements and Rights-of-Way. If an access easement or street right-of-way line extends into or through any yard, the measurement shall be taken from the nearest point of the access easement or right-of-way line.
2. 
Irregular Lot. In the case of an irregularly shaped lot, where the rear property line is narrower than the front, a ten-foot-long line, drawn within the lot, parallel to and most distant from the front lot line, shall be considered the rear lot line for the purpose of measuring the required rear setback.
FIGURE 3-6 MEASURING SETBACKS
B. 
Required Setbacks. In addition to any setback required pursuant to Division 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), or other provision of this Code, the following setback requirements apply.
1. 
Levee Setbacks. Setback from the landside toe of any flood control levee shall comply with California Code of Regulations, Title 23, and shall be a minimum of 15 feet. For development greater than five parcels or five acres in size and adjacent to a flood control levee designated by the Director to provide 200-year level flood protection, an additional setback equal to four times the height of the levee or a maximum of 50 feet shall apply. No primary or accessory structures may encroach into the levee setback.
2. 
Lots Abutting an Alley. If a lot abuts a public alley, no primary or accessory structure shall project or extend nearer than five feet from the property line abutting the alley, except:
a. 
Garages/car ports whose entrance is from the alley shall be a minimum of 10 feet from the property line abutting the alley.
3. 
Railroad Setbacks.
a. 
Residential. Habitable residential buildings adjacent to a railroad track shall be located a minimum of 85 feet from the outer rail of the track.
b. 
Commercial and Industrial. Commercial and industrial buildings adjacent to a railroad track shall be located a minimum of 25 feet from the outer rail of the track, except for loading docks utilizing tracks to move goods.
C. 
Encroachments into Required Setbacks. Where setbacks and open yard areas are required in this Code, they shall be not less in depth or width than the minimum dimension specified, shall be at every point open, and shall not be obstructed with non-movable features from the ground upward, except as provided in Table 3-1 (Allowed Encroachments into Required Setbacks) or as specifically identified in another section of this Code.
TABLE 3-1: ALLOWED ENCROACHMENTS INTO REQUIRED SETBACKS
Encroachment
Front Setback
Street Side Setback
Interior Side Setback
Rear Setback
Limitations
All encroachments
No encroachment may extend closer than three feet to an interior lot line or into a public utility easement. Where any allowance of this Code conflicts with applicable building codes, the more restrictive shall apply.
Architectural features, including decorative balconies and bay windows, belt courses, greenhouse windows, awnings, canopies, cornices, buttresses, ornamental features, eaves, and chimneys
4 ft
4 ft
2 ft
4 ft
Shall not increase the usable area enclosed by the structure
Covered and unenclosed porches located at the same level as the entrance floor of the structure,
Covered and unenclosed patios, Outside stairways and balconies, landings, and fire escapes that are not enclosed
4 ft
4 ft
May not encroach
4 ft
Flagpoles
May encroach up to 5 feet from the property line
May encroach up to 5 feet from the property line
May encroach up to 3 feet from property line
May encroach up to 3 feet from property line
Limited to 1 flagpole, maximum 15 feet in height
Lampposts
May encroach up to 3 feet from property line
May encroach up to 3 feet from property line
May not encroach
May not encroach
Maximum 6 feet in height
Accessory structures
May not encroach
May not encroach
May encroach up to 3 feet from the property line
May encroach up to 3 feet from property line
Mechanical equipment, including air conditioners, water heaters, emergency generators, and stormwater retention equipment
May not encroach
May not encroach
May encroach up to 3 feet from property line
May encroach up to 3 feet from property line
Ramps and similar structures that provide access for persons with disabilities
Reasonable accommodation will be made, consistent with the Americans with Disabilities Act, See Chapter 16.214, Requests for Reasonable Accommodation.
(Prior code § 16-310.110; Ord. 023-07 C.S. §§ 21—24; Ord. 015-09 C.S., eff. 12-3-09; Ord. 2016-05-24-1605 § V; Ord. 2020-12-01-1502 C.S. § 6; Ord. 2022-07-12-1601-02 C.S. § 14; Ord. 2025-06-03-1601, 6/3/2025)

§ 16.36.120 Site coverage measurements and exceptions.

A. 
Calculation. Site coverage is the ratio of the total footprint area of all structures on a lot to the net lot area, expressed as a percentage. The footprints of all principal and accessory structures, including garages, carports, covered patios, and roofed porches, shall be summed to calculate site coverage.
B. 
Exceptions. The following structures and elements shall be excluded from the calculation of site coverage.
1. 
Unenclosed and unroofed decks, uncovered patio slab, porches, landings, balconies and stairways less than 30 inches in height;
2. 
Eaves and roof overhangs projecting up to two feet from a wall;
3. 
Trellises and similar structures that have roofs that are at least 50% open to the sky through uniformly distributed openings; and
4. 
Swimming pools and hot tubs that are not enclosed in roofed structures or decks and that are less than 30 inches above grade.
FIGURE 3-7 CALCULATING SITE COVERAGE
(Prior code § 16-310.120; Ord. 2025-06-03-1601, 6/3/2025)

§ 16.36.130 Solid waste/recyclable materials storage.

This section provides standards for the provision of solid waste (refuse) and recyclable material storage areas in compliance with State law (California Solid Waste Reuse and Recycling Access Act, Public Resources Code Sections 42900 through 42911) and Chapter 8.04 of the Municipal Code (Collection of Solid Waste, Recyclable Materials and Green Waste). Projects that are not subject to a building permit and are only providing solid waste/recyclable materials storage areas (trash enclosures) shall not be subject to the following standards, but are subject to review by Public Works.
A. 
Residential Projects.
1. 
Single-Unit, Duplexes, and Triplexes. Single-unit, duplexes, and triplexes shall be provided a refuse and recyclable materials storage area that is at least eight and one-half (8.5) feet wide by six and one-half (6.5) feet deep and not visible from the public right-of-way.
2. 
Multi-Unit Projects. Multi-unit residential projects with four or more dwelling units, shall provide refuse and recyclable material storage areas in the following manner:
a. 
Individual Unit Storage Requirements. A minimum of three cubic feet shall be provided for the storage of refuse and a minimum of three cubic feet shall be provided for the storage of recyclable material; and
b. 
Common Storage Requirements. The following are minimum requirements for common refuse and recyclable material storage areas for multi-unit developments, which may be located indoors or outdoors as long as they are readily accessible to all residents. These requirements apply to each individual structure. Areas are measured in square feet.
TABLE 3-2
MULTI-UNIT DEVELOPMENT MINIMUM COMMON TRASH STORAGE AREAS REQUIRED (SQ. FT.)
Number of Units
Refuse
Recycling
Total Area
4-6
12
12
24
7-15
24
24
48
16-25
48
48
96
26-50
96
96
192
51-75
144
144
288
76-100
192
192
384
101-125
240
240
480
126-150
288
288
576
151-175
316
316
672
176-200
384
384
768
201+
Every additional 25 dwellings shall require an additional 100 sq. ft. for solid waste and 100 sq. ft. for recyclables.
B. 
Nonresidential Structures and Uses. Nonresidential structures and uses within all zoning districts shall provide refuse and recyclable material storage areas. The following are minimum storage area requirements. These requirements apply to each individual structure. Areas are measured in square feet.
TABLE 3-3
NONRESIDENTIAL STRUCTURES MINIMUM STORAGE AREAS REQUIRED (SQ. FT)
Structure Floor Area (sq. ft.)
Refuse
Recycling
Total Area
0-5,000
12
12
24
5,001-10,000
24
24
48
10,001-25,000
48
48
96
25,001-50,000
96
96
192
50,001-75,000
144
144
288
75,001-100,000
192
192
384
100,001+
Every additional 25,000 sq. ft. shall require an additional 48 sq. ft. for solid waste and 48 sq. ft. for recyclables.
C. 
Location Requirements. Refuse and recyclable materials storage areas shall be located in the following manner:
1. 
Refuse and recyclable material storage shall be adjacent/combined with one another.
a. 
They may only be located:
i. 
Inside a specially-designated structure;
ii. 
On the outside of a structure in an approved fence/wall enclosure; or
iii. 
A designated interior court or yard area with appropriate access or in rear yards and interior side yards.
b. 
Exterior storage area(s) shall not be located in a required:
i. 
Front yard;
ii. 
Street side yard;
iii. 
Parking space; or
iv. 
Landscaped or open space area.
2. 
Storage area(s) shall be accessible to residents and employees at all times. Storage areas within multi-unit residential developments shall be located within 250 feet of an access doorway to the dwellings, which they are intended to serve;
3. 
Driveways or aisles shall provide unobstructed access for collection vehicles and personnel and provide at least the minimum clearance required by the collection methods and vehicles utilized by the designated collector;
4. 
Storage bins shall be screened in compliance with Section 16.36.100 (Screening and buffering); and
5. 
Storage areas shall not be closer than 20 feet from doors or operable windows of adjacent structures.
D. 
Design and Construction. The design and construction of the storage area(s) shall:
1. 
Be compatible with the surrounding structures and land uses;
2. 
Be properly secured to prevent access by unauthorized persons, while allowing authorized persons access for disposal of materials;
3. 
Provide a concrete pad within the fenced or walled area(s) and a concrete apron, which facilitates the handling of the individual bins or containers;
4. 
Be handicapped accessible in compliance with the Americans with Disabilities Act (ADA);
5. 
Protect the areas and the individual bins or containers provided within from adverse environmental conditions that might render the collected materials unmarketable; and
6. 
Be appropriately located and screened from view on at least three sides. Screening shall consist of solid masonry walls, metal gates, and landscaping. Overhead trellises may be required to screen views from above. The design shall be architecturally compatible with the surrounding structures and subject to the approval of the Director.
(Prior code § 16-310.130; Ord. 023-07 C.S. §§ 25, 26; Ord. 001-08 C.S. §§ 3, 4; Ord. 2025-06-03-1601, 6/3/2025)

§ 16.36.135 Swimming pools and spas.

Swimming pools, including spas and any body of water having a depth or more than 18 inches, that are not completely enclosed within a building shall comply with the following standards in addition to all other applicable requirements of this Code.
A. 
Required Setbacks. All setbacks are measured from the back of bond beam of the pool.
1. 
Front Yards. Swimming pools, spas, and pool equipment shall not be located within a required front yard.
2. 
Side and Rear Yards. Swimming pools, spas, and pool equipment may be located within the required side or rear yard provided they meet the following standards.
a. 
In-Ground Swimming Pools and Spas. In-ground pools and spas shall be located a minimum of three feet from any property line.
b. 
Above-Ground Swimming Pools and Spas.
i. 
Less than 30 Inches. Pools and spas placed directly upon finished grade and less than 30 inches in height above finished grade are exempt from rear and side setback requirements.
ii. 
30 Inches and Over. Pools and spas placed directly upon finished grade and 30 inches or more in height above the surrounding finished grade at any point shall be located a minimum of three feet from any property line.
c. 
Equipment. Pool and spa equipment, including pumps, shall be located a minimum of three feet from any property line unless the equipment is:
i. 
Muffled by a sound barrier; or
ii. 
Less than six feet in height and located adjacent to a solid fence or wall at the rear property line.
B. 
Required Fencing. Swimming pools and spas shall be fenced with a self-closing, self-latching gate on the pool side and be in compliance with the latest edition of the Building Code.

§ 16.36.140 Traffic sight area.

A. 
The triangular traffic sight area created by the minimum dimensions in Table 3-4 (Traffic Sight Area Dimensions), measured along the edge of each right-of-way, alley, or driveway, shall be kept free of visual obstructions from the height of 30 inches to eight feet above the nearest street curb elevation.
1. 
Exceptions. The requirements for traffic sight areas shall not apply to:
a. 
CD Zoning District, the Miracle Mile, and other areas determined by the Director and the City Engineer;
b. 
Public utility poles;
c. 
Trees trimmed (to the trunk) to a line at least six feet above the level of the intersection;
d. 
Saplings or plant species of open growth habits and not planted in the form of a hedge, which are so planted and trimmed as to leave a clear and unobstructed crossview year round;
e. 
Supporting members of appurtenances to permanent structures existing on the effective date of the ordinance codified in this Development Code; and
f. 
Official warning signs or signals.
B. 
Traffic Sight Area Dimensions.
TABLE 3-4 TRAFFIC SIGHT AREA DIMENSIONS
Location
Minimum Dimension
Street intersection without stop sign or traffic signal
30 ft
Street intersection with stop sign or traffic signal
20 ft
Commercial driveway or alley
15 ft
Residential driveway
10 ft
FIGURE 3-8 TRAFFIC SIGHT AREA
C. 
Exemptions. Exemptions from the identified standards for traffic sight areas may be granted when reviewed and approved, based on totality of circumstances, by both the Director and the City Engineer.
(Prior code § 16-310.140; Ord. 2025-06-03-1601, 6/3/2025)

§ 16.36.150 Utility equipment.

This section provides standards for utility equipment installations (e.g., boxes, cabinets, pedestals, transformers, vaults, etc.). Utility equipment should be installed underground; if the undergrounding of equipment is not technically or economically feasible, as determined by the Director based on evidence provided by the utility company, above-ground installations shall be permitted with the appropriate placement, landscaping, and/or screening to obscure the equipment. Installation shall be in compliance with PUC requirements.
A. 
The affected property owner(s) and utility companies shall agree on the placement and type of landscaping and/or screening to be used as approved by the Director.
B. 
Installation of landscaping and/or screening shall be the responsibility of:
1. 
The developer/builder for new development; or
2. 
The utility company in conjunction with the property owner for existing development.
C. 
The property owner shall be responsible for the maintenance of the landscaping and/or screening. If the landscaping and/or screening is located in a landscape maintenance district, the landscape maintenance district shall be responsible for the maintenance of the landscaping and/or screening.

§ 16.36.160 Wind power equipment.

Wind power equipment shall have a mesh screen, except as approved by the Director, located in front and in back of the equipment to maximize avian safety.

§ 16.36.170 Residential open space.

Residential open space required by this Code shall be provided in accordance with the following.
A. 
Configuration.
1. 
Private residential open space typically consists of balconies, decks, patios, fenced yards, and other similar areas outside the residential unit.
2. 
Common residential open space typically consists of landscaped areas, patios, swimming pools, barbeque areas, playgrounds, turf, or other such improvements as are appropriate to enhance the outdoor environment of the development; these can be located at the ground level, on parking podiums, or on rooftops, provided they are adequately landscaped.
B. 
Minimum Dimensions.
1. 
Private Residential Open Space. Private residential open space located on the ground level (e.g., yards, decks, patios) shall be a minimum of 100 square feet and have no dimension less than eight feet. Private residential open space located above ground level (e.g., balconies) shall be a minimum of 60 square feet and have no dimension less than six feet.
2. 
Common Residential Open Space. Minimum length and width dimension of 15 feet.
C. 
Surfacing. A surface shall be provided that allows convenient use for outdoor living and/or recreation. Such surface may be any practicable combination of lawn, garden, flagstone, wood planking, concrete, or other serviceable, dust-free surfacing.
D. 
Maximum Slope. Slope shall not exceed 10%.
E. 
Maximum Coverage. No more than 50% of common residential open space area may be covered.
F. 
Accessibility.
1. 
Private Residential Open Space. Private residential open space shall be accessible to only one residential unit through a doorway to a habitable room or hallway.
2. 
Common Residential Open Space. Common residential open space shall be accessible to all residential units on the site.
G. 
Screening, Ground Level Private Open Space. Required private residential open space located at the ground level shall be screened by a solid fence, wall, or dense hedge a minimum six feet in height except within required front and street side setback areas where the screening fence, wall, or dense hedge shall be between 36 and 42 inches in height.

§ 16.38.010 Purpose.

A. 
The purpose of this chapter is to establish standards for building placement, form, and design. These requirements constitute "objective standards" under current state housing law where applicable, including, but not limited to, Government Code Sections 65913.4, 655589.5 and 756852.21, to provide clear development standards that allow for streamlined review processes. Further, the purposes of this chapter are to implement the Stockton General Plan, including:
1. 
Improve the visual quality of the urban environment.
2. 
Provide flexibility for residential development to be feasible.
3. 
Ensure that exterior remodels and the siting, scale, and design of new development are compatible with surrounding and adjacent buildings, public spaces, and cultural and historic resources.
B. 
Standards are provided for four types of buildings: (1) detached single-unit dwellings; (2) multi-unit dwellings (including, but not limited to, duplexes, triplexes, fourplexes, townhouses, and apartment buildings); and (3) mixed use buildings. Each of these building types is the subject of one section of the chapter.

§ 16.38.020 Applicability.

The standards of this chapter apply in addition to all other provisions, including other design standards, of this Code.

§ 16.38.030 Detached single-unit dwellings.

A. 
Applicability. All dwelling units that are detached from any other unit except an accessory dwelling unit, shall meet the design standards of this section. Accessory dwelling units are subject to the standards of Section 16.80.310 (Accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs)).
B. 
Building Entrances. All dwelling units shall provide at least one principal entrance that meets the following requirements.
1. 
All units located along a street or pedestrian walkway shall have a principal entrance facing and visible to the street or pedestrian walkway, except as follows:
a. 
Where lots have frontage on two or more streets, units shall have a principal entry on at least one street.
b. 
Where lots front only onto an arterial or collector street, the principal entrance may be oriented toward an interior drive or walkway rather than the street.
2. 
The principal entrance shall be emphasized using at least one of the following methods:
a. 
A projection such as a canopy or overhang with a minimum depth of three feet and a minimum horizontal area of 30 square feet.
b. 
A recess a with a minimum depth of three feet and a minimum width of six feet.
c. 
A landing, deck, or stoop with a minimum four-foot by four-foot area.
FIGURE 3-9A DETACHED SINGLE-UNIT, PRINCIPAL ENTRANCE DESIGN
3. 
Waivers. Should the applicant elect not to meet the above objective building entrance standards, the applicant may request a waiver pursuant to Chapter 16.176 (Waivers). A waiver of the building entrance requirements may be approved upon finding that the project includes alternative designs that create a welcoming feeling toward the street, such as incorporating features such as a trellis, landscaped courtyard entry, enhanced walkway, columns or other architectural features.
C. 
Window and Garage Door Trim. Trim shall be provided around all windows and garage doors. Should the applicant elect not to meet the objective window and garage trim requirement, the applicant may request a waiver pursuant to Chapter 16.176 (Waivers). A waiver of the window and garage trim requirement may be approved upon finding that providing window or garage trim would be inconsistent with the architectural style of the structure and alternative methods have been incorporated to create shadow and depth along the facade.
FIGURE 3-9B DETACHED SINGLE-UNIT, WINDOW AND GARAGE DOOR TRIM
D. 
Facade Articulation. No facade shall run in a continuous plane of more than 15 feet without incorporating one or more of the following:
1. 
A vertical wall shift at least one foot in depth.
2. 
A change in material.
3. 
A window or building entrance.
4. 
A projection such as a stoop, bay, or overhang.
5. 
Waivers. Should the applicant elect not to meet the objective facade articulation standards, the applicant may request a waiver pursuant to Chapter 16.176 (Waivers). A waiver of the facade articulation requirements may be approved upon finding that adequate design features have been incorporated to create visual variety and avoid a bulky or monolithic appearance.
FIGURE 3-9C DETACHED SINGLE-UNIT, FACADE ARTICULATION

§ 16.38.040 Multi-Unit Dwellings.

A. 
Applicability. Development with two or more dwelling units in a single building (including, but not limited to, duplexes, triplexes, fourplexes, townhouses, and apartment buildings) shall meet the design standards of this section.
B. 
Building Orientation. Buildings located along a street or pedestrian walkway shall be oriented toward the adjacent street or pedestrian walkway with the building frontage parallel to the fronting street or pedestrian walkway, except as follows:
1. 
Where lots have frontage on two or more streets, buildings shall be oriented to at least one street.
2. 
Where lots front only onto an arterial or collector street, buildings may be oriented toward an interior drive or walkway.
3. 
Waivers. Should the applicant elect not to meet the above objective building orientation standards, the applicant may request a waiver pursuant to Chapter 16.176 (Waivers). A waiver of the building orientation requirements may be approved upon finding that orienting the buildings to the street or pedestrian walkway is incompatible design, context, and/or use and street-facing building walls exhibit architectural relief and detail, and are enhanced with landscaping to create visual interest at the pedestrian level.
C. 
Entrances. Entrances to dwelling units shall be designed as individual or shared entrances at the ground floor of the building.
1. 
Shared Entrances. All buildings with any exterior entrance that provides access to more than one unit shall provide a minimum of one principal shared entranceway per building in accordance with the following standards.
a. 
Buildings located along a street shall provide a principal entrance facing and visible to the street, and connected directly to a public sidewalk via a private pedestrian walkway, except as follows:
i. 
Where lots have frontage on two or more streets, buildings must have a principal entry on at least one street.
ii. 
Where lots front only onto an arterial or collector street, the principal entrance may be oriented toward the interior of the lot.
b. 
Principal entrances located in the interior of a site shall be accessed from a pedestrian walkway that is a minimum of four feet wide and connects to a public walkway.
c. 
The principal entrance shall lead to a common area a minimum of 10 feet in each dimension.
d. 
The principal entrance shall be emphasized utilizing at least one of the following methods:
i. 
A roofed projection over the door (such as an awning, canopy, or overhang) with a minimum depth of five feet and a minimum horizontal area of 30 square feet.
ii. 
A recessed entry bay with a minimum width of 15 feet and a minimum depth of five feet.
iii. 
A landing, deck, or stoop with a minimum six-foot by six-foot area.
FIGURE 3-10A MULTI-UNIT DWELLINGS, SHARED ENTRANCE DESIGN
2. 
Individual Entrances. All units accessed through ground level individual entrances from the exterior shall provide a minimum of one principal individual entrance per unit that creates both a presence on the street and establishes a clear separation between the public and private realms in accordance with the following standards.
a. 
All individually accessed units located along a street or pedestrian walkway shall have a principal entrance oriented to and facing a street or pedestrian walkway, except as follows:
i. 
Where lots have frontage on two or more streets, units must have a principal entrance on at least one street.
ii. 
Where lots front only onto an arterial or collector street, the principal entrance may be oriented toward the interior of the lot.
b. 
All principal entrances located in the interior of a site shall be accessed from a pedestrian walkway that is a minimum of four feet wide and connects to a public sidewalk.
c. 
The principal entrance shall be emphasized using at least one of the following methods:
i. 
A projection such as a canopy or overhang with a minimum depth of three feet.
ii. 
A recess a with a minimum depth of three feet and a minimum width of three feet.
iii. 
A landing, deck, or stoop with a minimum four-foot by four-foot area.
d. 
Any individual entrance located within 10 feet of a front or street-side property line shall be raised a minimum of 18 inches above grade.
FIGURE 3-10B MULTI-UNIT DWELLINGS, INDIVIDUAL ENTRANCE DESIGN
3. 
Waivers. Should the applicant elect not to meet the above objective entrance standards, the applicant may request a waiver pursuant to Chapter 16.176 (Waivers). A waiver of the entrance requirements may be approved upon finding that, the project includes features that create a welcoming feeling toward the street, such as a trellis, landscaped courtyard entry, enhanced walkway, columns or other architectural features.
D. 
Building Design. Buildings shall include the following design features to create visual variety and avoid a large-scale and bulky appearance.
1. 
Massing Increment. For building facades 150 feet or longer, a change in facade plane with a recess a minimum of 15 feet wide and 10 feet deep shall be provided for every 150 feet of building frontage.
FIGURE 3-10C MULTI-UNIT DWELLINGS, MASSING INCREMENT
2. 
Roof Line. Roof lines shall be varied and designed to minimize the bulk of a building, screen roof-mounted equipment, and enhance the building's architectural design through the following methods:
a. 
A minimum of one roof line offset of at least 18 inches in height and 15 feet in length shall be provided for every 150 feet of facade length.
b. 
Where parapets are provided, the minimum 18-inch offset in height required above may be substituted by an offset of at least 18 inches in depth. All parapets shall provide returns of at least six feet in depth at the end of the parapet face to avoid a false front appearance.
FIGURE 3-10D MULTI-UNIT DWELLINGS, ROOF LINE
3. 
Vertical Articulation. In buildings of two or more stories, upper and lower stories shall be distinguished by incorporating one or more of the following features. These features may be applied to the transitions between any floors, except where otherwise specified.
a. 
A change in facade materials, along with a change in plane at least four inches in depth at the transition between the two materials.
b. 
A horizontal design feature such as an awning, overhang, cornice line, water table, or belt course.
c. 
A base treatment a minimum of four feet at the ground floor consisting of a material such as stone, concrete masonry, or other material distinct from the remainder of the facade and projecting at least two inches from the wall surface of the remainder of the building.
d. 
Setting back the top floor or floors of the building at least five feet from the remainder of the facade.
FIGURE 3-10E MULTI-UNIT DWELLINGS, VERTICAL ARTICULATION
4. 
Townhomes and Rowhouses. In addition to the other building design requirements of this Section, attached side-by-side dwelling units shall meet the following requirements.
a. 
Unit Articulation. Individual units shall be emphasized through two or more of the following methods. The methods chosen to meet this requirement may count toward other design requirements provided the necessary criteria are met.
i. 
Variations of two feet or more between the horizontal planes of the primary entrance facade of adjacent units.
ii. 
A change in roof orientation between adjacent units (e.g., a gable roof adjacent to a hipped roof).
iii. 
A roofline offset of at least 18 inches for each unit exposed on the associated elevation.
iv. 
Change of colors or materials.
FIGURE 3-10F TOWNHOMES AND ROWHOUSES, UNIT ARTICULATION
5. 
Waivers. Should the applicant elect not to meet the objective building design standards, the applicant may request a waiver pursuant to Chapter 16.176 (Waivers). A waiver of the building design requirements may be approved upon finding that adequate design features have been incorporated to create visual variety and avoid a large-scale and bulky appearance.
E. 
Window and Garage Door Trim or Recess. Windows and garage doors shall have trim at least three inches wide and one-half inch in depth, or be recessed at least two inches from the plane of the surrounding exterior wall. Should the applicant elect not to meet the objective window and garage trim or recess requirement, the applicant may request a waiver pursuant to Chapter 16.176 (Waivers). A waiver of the window and garage trim or recess requirement may be approved upon finding that providing the required window or garage trim or recess would be inconsistent with the architectural style of the structure and alternative methods have been incorporated to create shadow and depth along the facade.
FIGURE 3-10G MULTI-UNIT DWELLINGS, WINDOW AND GARAGE DOOR TRIM OR RECESS
F. 
Street Frontage Transparency. Exterior walls facing a street shall include windows or doors, inclusive of inset frames, for at least 25% of the ground floor building wall. No wall shall run in a continuous plane of more than 30 feet without a window, door, or other opening.
1. 
Waivers. Should the applicant elect not to meet the above objective residential street frontage transparency standard, the applicant may request a waiver pursuant to Chapter 16.176 (Waivers). A waiver of the residential street frontage transparency requirement may be approved upon finding that:
a. 
The proposed project or its location has certain characteristics with which providing the required windows and openings is incompatible; and
b. 
Street-facing building walls exhibit architectural relief and detail, and are enhanced with landscaping to create visual interest at the pedestrian level.
G. 
Underground and Tuck Under Parking. The maximum above ground height of an underground or tuck under parking area within 20 feet of the primary street facing property line shall be three feet from finished grade.
FIGURE 3-10H UNDERGROUND AND TUCK UNDER PARKING, MAXIMUM ABOVE GROUND HEIGHT

§ 16.38.050 Mixed-use buildings.

A. 
Applicability. Buildings containing residential and nonresidential uses as primary uses in a single building, including live-work units, shall meet the design standards of this section.
B. 
Building Orientation. Buildings located along a street or pedestrian walkway shall be oriented toward the adjacent street or pedestrian walkway with the building frontage parallel to the fronting street or pedestrian walkway, except as follows:
1. 
Where lots have frontage on two or more streets, buildings shall be oriented to at least one street.
2. 
Where lots front only onto an arterial street, buildings may be oriented toward an interior drive or walkway.
3. 
Waivers. Should the applicant elect not to meet the above objective building orientation standards, the applicant may request a waiver pursuant to Chapter 16.176 (Waivers). A waiver of the building orientation requirements may be approved upon finding that the design, context, and/or use of the project make orienting the buildings to the street or pedestrian walkway incompatible and the project includes designs that create a welcoming feeling toward the street, such as incorporating features such as a trellis, landscaped courtyard entry, enhanced walkway, columns or other architectural features.
C. 
Entrances.
1. 
Ground Floor Residential Uses. Ground floor residential units shall meet the entrance requirements of Section 16.38.040.C (Entrances), above.
2. 
Ground Floor Nonresidential Uses. There shall be a minimum of one principal entrance for every 50 feet of building frontage with a maximum separation of 100 feet between entrances. Principal entrances shall be designed in accordance with the following standards.
a. 
In buildings located within 30 feet of a street-facing property line, the principal building entrance shall face the street. Alternatively, the principal building entrance may face perpendicular to the street, provided it is within 10 feet of the street-facing property line.
FIGURE 3-11A GROUND FLOOR NONRESIDENTIAL USES, ENTRANCE DESIGN
b. 
Buildings located at corners shall provide a principal entrance toward each street or have a corner entrance that provides a common entrance to the building from both streets.
FIGURE 3-11B GROUND FLOOR NONRESIDENTIAL USES, CORNER BUILDINGS ENTRANCE DESIGN
3. 
Waivers. Should the applicant elect not to meet the above objective entrance standards, the applicant may request a waiver pursuant to Chapter 16.176 (Waivers). A waiver of the entrance requirements may be approved upon finding that the design, context, and/or use of the project make the entrance requirements incompatible and that street-facing building walls incorporate architectural features, exhibit relief and detail, and are enhanced with landscaping to create visual interest at the pedestrian level.
D. 
Building Design. Buildings shall include the following design features to create visual variety and avoid a large-scale and bulky appearance.
1. 
Massing Increment. For building facades 150 feet or longer, a change in facade plane with a recess a minimum of 15 feet wide and 10 feet deep shall be provided for every 150 feet of building frontage.
FIGURE 3-11C MIXED USE BUILDINGS, MASSING INCREMENT
2. 
Roof Line. Roof lines shall be varied and designed to minimize the bulk of a building, screen roof-mounted equipment, and enhance the building's architectural design through the following methods:
a. 
A minimum of one roof line offset of at least 18 inches in height and 15 feet in length shall be provided for every 150 feet of facade length.
b. 
Where parapets are provided, the minimum 18-inch offset in height required above may be substituted by an offset of at least 18 inches in depth. All parapets shall provide returns of at least six feet in depth at the end of the parapet face to avoid a false front appearance.
FIGURE 3-11D MIXED USE BUILDINGS, ROOF LINE
3. 
Vertical Articulation. In buildings of two or more stories, upper and lower stories shall be distinguished by incorporating one or more of the following features. These features may be applied to the transitions between any floors, except where otherwise specified.
a. 
A change in facade materials, along with a change in plane at least one inch in depth at the transition between the two materials.
b. 
A horizontal design feature such as an awning, overhang, cornice line, water table, or belt course.
c. 
A base treatment a minimum of four feet at the ground floor consisting of a material such as stone, concrete masonry, or other material distinct from the remainder of the facade and projecting at least two inches from the wall surface of the remainder of the building.
d. 
Setting back the top floor or floors of the building at least five feet from the remainder of the façade.
FIGURE 3-11E MIXED USE BUILDINGS, VERTICAL ARTICULATION
4. 
Waivers. Should the applicant elect not to meet the objective building design standards, the applicant may request a waiver pursuant to Chapter 16.176 (Waivers). A waiver of the building design requirements may be approved upon finding that adequate design features have been incorporated to create visual variety and avoid a large-scale and bulky appearance.
E. 
Windows and Openings.
1. 
Nonresidential Uses: Building Transparency/Required Openings. Exterior walls facing a street or pedestrian walkway shall include windows, doors, or other openings for at least 50% of the building wall area located between 2 1/2 and seven feet above the level of the sidewalk.
a. 
Design of Required Openings. Openings fulfilling this requirement shall have transparent glazing and provide views into work areas, display areas, sales areas, lobbies, or similar active spaces, or into window displays that are at least three feet deep.
b. 
Waivers. Should the applicant elect not to meet the above objective building transparency/required openings standards, the applicant may request a waiver pursuant to Chapter 16.176 (Waivers). A waiver of the building transparency/required openings requirements may be approved upon finding that:
i. 
The proposed use has certain operational characteristics with which providing the required windows and openings is incompatible; and
ii. 
Street-facing building walls exhibit architectural relief and detail, and are enhanced with landscaping to create visual interest at the pedestrian level.
FIGURE 3-11F MIXED USE BUILDINGS, NONRESIDENTIAL USES: BUILDING TRANSPARENCY/REQUIRED OPENINGS
2. 
Residential Uses: Window Trim or Recess. Windows for residential uses shall have trim at least three inches wide and one-half inch in depth, or be recessed at least two inches from the plane of the surrounding exterior wall. Should the applicant elect not to meet the objective window trim or recess requirement, the applicant may request a waiver pursuant to Chapter 16.176 (Waivers). A waiver of the window trim or recess requirement may be approved upon finding that providing the required window trim or recess would be inconsistent with the architectural style of the structure and alternative methods have been incorporated to create shadow and depth along the facade.
FIGURE 3-11G MIXED USE BUILDINGS, RESIDENTIAL USES: WINDOW TRIM OR RECESS
F. 
Underground and Tuck Under Parking. The maximum above ground height of an underground or tuck under parking area within 20 feet of the primary street facing property line shall be three feet from finished grade.
FIGURE 3-11H UNDERGROUND AND TUCK UNDER PARKING, MAXIMUM ABOVE GROUND HEIGHT

§ 16.40.010 Purpose.

This chapter establishes procedures and requirements for the implementation of State Density Bonus Law (Government Code Section 65915, et seq.) and to accomplish the following:
A. 
Clear, streamlined procedures that enable the expedited administration of this chapter.
B. 
Promote affordable housing production through incentives exceeding State mandates when certain community benefits are provided.
C. 
Establish standards that implement the goals, objectives, and policies of the Stockton General Plan, including its Housing Element, to address housing needs in the community.
(Ord. 2020-12-01-1502 C.S. § 7)

§ 16.40.020 Applicability.

This chapter applies to housing developments conforming to the definition herein. In the event of a conflict between this chapter and State Density Bonus Law, the provisions of State Density Bonus Law shall prevail.
(Ord. 2020-12-01-1502 C.S. § 8)

§ 16.40.030 Definitions.

The following terms are specialized for use only in this chapter.
Affordable Rent.
Monthly rent charged to extremely low-, very low-, low-, and moderate-income households for housing units as calculated in accordance with Section 50053.b of the California Health and Safety Code.
Base Project.
The maximum number of units allowed for the site by zoning district allowances and prior to the inclusion of any units above that amount requested as a density bonus.
Bedroom.
A bedroom is defined as any room that meets the criteria for a bedroom or sleeping room in the California Building Standards Code.
Concession or Incentive.
A modification in development standards, zoning code requirements, architectural design requirements, parking requirements, or other concessions or incentives identified in Government Code Section 65915(k) or any successor provision that results in identifiable and actual cost reductions, in order to provide for affordable housing.
Density Bonus.
As defined by State law (Government Code Section 65915, et seq.), an increase over the maximum density otherwise allowed by the applicable zoning district, that is granted to the applicant of a housing development who agrees to construct a prescribed percentage of dwelling units that are affordable to moderate and/or lower income households. When determining the number of dwelling units that shall be affordable, the units authorized by the density bonus shall not be included in the calculation.
Development Standard.
Site or construction conditions that apply to a housing development in compliance with any ordinance, General Plan element, specific plan, Charter amendment, or other local condition, law, policy, resolution, or regulation.
Eligibility Points.
The number of points calculated pursuant to Section 16.40.050 (Concessions or Incentives, Waivers or Reductions, and Eligibility Points) must be earned by an applicant for a housing development to establish eligibility for a supplemental density bonus. Eligibility points are earned through the provision of affordable housing units, or through the provision of affordable housing together with approved community benefits as provided in Section 16.40.050.
Equivalent Size.
As required by State law (Government Code Section 65915, et seq.), equivalent size for the purposes of enforcing affordable housing replacement unit provisions shall mean that replacement units must contain at least the same total number of bedrooms as the units being replaced.
Family-Size Units.
A dwelling unit with three or more bedrooms.
Housing Development.
A development project of five or more residential units, including mixed-use developments, as defined by California Government Code Section 65917.2. For the purposes of this chapter, "housing development" also includes projects defined in California Government Code Section 65915(i), including a subdivision or common interest development, as defined in Section 4100 of the California Civil Code, approved by the City and consisting of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multi-unit dwelling, as defined in subdivision (d) of California Government Code Section 65863.4, where the result of the rehabilitation would be a net increase in available residential units.
Maximum Allowable Residential Density.
The maximum number of dwelling units per acre pursuant to zoning district allowances.
State Density Bonus Law.
Sections 65915 through 65918 of the California Government Code. The City will allow a housing development a 50 percent maximum density bonus and concessions or incentives meeting all the applicable eligibility requirements as set forth in California Government Code Section 65915, et seq.
Waiver or Reduction.
An allowed modification of development standards that would otherwise physically preclude the construction of a development meeting the criteria of this chapter at the density permitted under State Density Bonus Law or with the concessions and incentives granted under this section and State Density Bonus Law.
(Ord. 2020-12-01-1502 C.S. § 9; Ord. 2022-07-12-1601-02, § 15; Ord. 2025-06-03-1601, 6/3/2025)

§ 16.40.040 Types of density bonuses.

Based on the size of the increase requested, the City defines three categories of density bonus applications. Affordable housing provided to establish eligibility for a supplemental density bonus shall be calculated on the "base project," not including State Density Bonus units granted pursuant to this chapter and California Government Code Section 65915. The types of density bonuses include:
A. 
State Density Bonus (0% to 50%). The City will allow an eligible housing development a 50% density bonus maximum and concessions or incentives as set forth in this chapter and State law.
B. 
Tier-1 Supplemental Density Bonus (50% to 75%). The City will allow an eligible housing development up to a 75% maximum density bonus. A request for a Tier-1 density increase shall receive the same concessions or incentives granted in the State Density Bonus; however, must achieve the minimum Tier-1 eligibility point score of 30 points as defined by Section 16.40.050.
C. 
Tier-2 Supplemental Density Bonus (76% to 100%). The City will allow an eligible housing development up to a 100% maximum density bonus. A request for a Tier-2 density increase shall receive the same concessions or incentives granted in the State Density Bonus; however, must achieve the minimum Tier-2 eligibility point score of 50 points as defined by Section 16.40.050.
(Ord. 2020-12-01-1502 C.S. § 10; Ord. 2022-07-12-1601-02 C.S. § 16; Ord. 2025-06-03-1601, 6/3/2025)

§ 16.40.050 Concessions or incentives, waivers or reductions, and eligibility points.

A. 
Applicable Concessions or Incentives. The City shall grant qualifying housing developments and qualifying land transfers a density bonus, the amount of which shall be as specified in California Government Code Section 65915 et seq., and incentives or concessions also as described in California Government Code Section 65915 et seq. Density bonus projects that do not qualify for incentives or concessions under State law shall receive a total of three of the following concessions or incentives, waivers or reductions:
1. 
Setback Reduction. A setback reduction of up to 25%, but not to be less than 20% below the average of developed lots on the same block face.
2. 
Automatic Reductions for Off-Street Parking Requirements.
a. 
Up to 25% reduction for all density bonus types (Section 16.40.040).
b. 
Up to 50% reduction for housing developments that demonstrate at least 25% of total units affordable to very-low/low income households.
c. 
Up to 75% reduction for housing developments that demonstrate at least 50% of total units affordable to very-low/low income households.
d. 
Up to 100% reduction for housing developments that demonstrate at least 75% of total units affordable to very-low/low income households.
3. 
Waivers for Lot Coverage and Floor Area Ratio (FAR).
a. 
Up to five percent increase for all density bonus types (Section 16.40.040).
b. 
Up to 10% increase for housing developments that demonstrate at least 25% of total units affordable to very-low/low income households.
c. 
Up to 15% increase for housing developments that demonstrate at least 50% of total units affordable to lower income households.
d. 
Up to 20% increase for housing developments that demonstrate at least 75% of total units affordable to very-low/low income households.
4. 
Site/Lot Coverage. Increase in allowable lot coverage by up to 25% of lot area.
5. 
Building Height. Increase of the larger of up to 12 feet or 10% beyond current maximum permitted. Additional height increases may be approved by the Director if the proposed height is shown not to have a negative impact on surrounding land uses.
B. 
Waiver of Standards Preventing the Use of Bonuses and/or Incentives.
1. 
As required by Government Code Section 65915(e), the City will not apply a development standard that will have the effect of physically precluding the construction of a housing development meeting the criteria of Government Code Section 65915(b) at the densities or with the concessions or incentives allowed by Government Code Section 65915.
2. 
An applicant may submit to the City a proposal for the waiver or modification of development and zoning standards that would otherwise inhibit the utilization of a density bonus on a specific site, including minimum parcel size, side setbacks, and placement of public works improvements.
3. 
The applicant shall show that the waiver or modification is necessary to make the housing units economically feasible.
C. 
Eligibility Points. Required for a Tier-1 or Tier-2 supplemental density bonus request, as defined by Section 16.40.040. An applicant can propose any combination of the following incentives to achieve the minimum eligibility points needed for the proposed density bonus type. As indicated in Section 16.40.040, Tier-1 requests require a minimum 30 eligible points while Tier-2 requests require a minimum of 50 eligible points.
1. 
Affordable Housing. One additional point for each additional percent of very low-/low-income units included in the housing development.
2. 
Sustainable Design.
a. 
LEED Certification.
i. 
Certified: 15 pts.
ii. 
Silver: 20 pts.
iii. 
Gold: 25 pts.
iv. 
Platinum: 30 pts.
b. 
CALGreen Tier I Green Building Standards (Title 24 of the California Code of Regulations) or Equivalent. All requests require third-party certification. Maximum incentive points: 20 pts.
c. 
Alternative Energy. 10 percent of total building energy load provided by solar panels or other on-site renewable sources, including co-generation: 15 pts.
3. 
Adaptive Reuse. For housing developments improving or rehabilitating properties or building registered as Federal, State, and/or historic landmarks: 20 pts.
4. 
Priority Areas.
a. 
Housing developments within the Downtown Core: 15 pts.
b. 
Housing developments within a disadvantaged community: 25 pts.
c. 
Housing developments within a qualified opportunity zone as certified by the Secretary of the U.S. Treasury via his or her delegation of authority to the Internal Revenue Service: 25 pts.
(Ord. 2020-12-01-1502 C.S. § 11; Ord. 2022-07-12-1601-02 C.S. § 17; Ord. 2025-06-03-1601, 6/3/2025)

§ 16.40.060 Applications and processing.

A. 
Applicability. Developers are entitled to accept a lesser percentage of density bonus, including, but not limited to, no increase in density than they are otherwise eligible to receive pursuant to this chapter and California Government Code Section 65915. The amount of density increase, if any, that is accepted by the applicant shall not reduce or otherwise impact eligibility for requested concessions and incentives, waivers or reductions associated with an eligible project.
B. 
Application Review. Density bonus applications are ministerial and shall be subject to State law requirements and the standards of this Development Code.
C. 
Concurrent Processing. A request for a density bonus will be reviewed by Department staff, and current with other requested entitlements, if applicable. Once deemed complete, the density bonus application shall be processed ministerially and determinations made concurrent with the planning entitlement(s) for the housing development. This does not include discretionary actions (i.e., development agreements, variance, use permits) subject to the approval of the Planning Commission or City Council.
D. 
Priority Processing. A housing development including at least 20 percent of total units affordable to lower income households, with the affordability maintained through an agreement with a governmental agency, shall be entitled to priority processing. Priority processing shall mean a timeline for review of the housing development and all associated applications as mutually agreed to by the City and the developer.
E. 
Application Submittal Requirements. A request in accordance with this chapter shall include the following information:
1. 
Completed universal planning application form indicating a density bonus is requested. This includes all site plan and architectural review items needed to demonstrate compliance with the City's Development Code and Citywide design standards.
2. 
A title report not less than 60 days old.
3. 
A project description indicating:
a. 
The location, acreage, zoning and General Plan land use designations, permitted residential density, number of units requested, and the types of density bonus requested pursuant to Section 16.40.040.
b. 
Include a table indicating the following:
i. 
Number of market rate units;
ii. 
Number of affordable housing units and their targeted income level;
iii. 
Means to ensures affordability (i.e., deed restriction, income verified);
iv. 
Other provisions (e.g., land donation), which will demonstrate eligibility for a State Density Bonus under this chapter.
c. 
A section identifying the type of concessions or incentives, or waivers or reductions, that will result in identifiable and actual cost reductions to provide for affordable housing costs. The information should be sufficiently detailed and include a cost evaluation ("pro-forma") showing before and after costs to enable Department staff to examine the conclusions reached by the applicant. This requirement at the time of application does not prevent the developer from substituting a different concession or incentive, or waiver or reduction, from what is initially proposed at a later phase in the application.
d. 
A density bonus agreement in accordance with Section 16.40.070.
F. 
Review Authority. The Director is the Review Authority for density bonus applications. The decision of the Director is subject to appeal in compliance with Chapter 16.100 (Appeals).
(Ord. 2020-12-01-1502 C.S. § 12)

§ 16.40.070 Density bonus housing agreement.

A. 
A density bonus housing agreement must be executed prior to recording any final map for the underlying property or prior to occupancy for the housing development, whichever comes first.
B. 
The density bonus housing agreement shall:
1. 
Identify the type, size and location of each affordable housing unit required hereunder;
2. 
Identify the term of the agreement, which would define the term of affordability of the required units;
3. 
Require that the affordable housing units be constructed and completed by the applicant as specified in this chapter and in accordance with State law;
4. 
Require that each affordable housing unit be kept available only to members of the identified income group at the maximum affordable rent during the term of the agreement;
5. 
Identify the means by which continued availability shall be secured and enforced and the procedures under which the affordable housing units shall be leased and contain such other terms and provisions the City may require. The agreement shall be in a form able to be recorded with the San Joaquin County Recorder;
6. 
Include a schedule for completion and occupancy of target units;
7. 
Include any other provisions appropriate to ensure implementation and compliance with this chapter;
8. 
Be binding on all future owners and successors of interests of the housing development; and
9. 
Be reviewed and approved by the Director at the recommendations of the Economic Development Director or the City Attorney, and the affordability of the required units shall be monitored for compliance by the Economic Development Department, Housing Authority, or applicable public funding source.
C. 
Required Terms for the Continued Availability of Affordable Housing Units.
1. 
Low- and Very Low-, and Extremely Low-Income Households. An applicant for a housing development providing low and very low-income units in accordance with this chapter must continue to restrict those units to low or very low-income households for a minimum of 55 years or longer term under another regulatory agreement from the date of initial occupancy.
2. 
Moderate-Income Households. In the case of a housing development providing moderate income units, the initial occupant of the unit must be a person or family of moderate income.
3. 
In the case of for-sale housing developments, the density bonus housing agreement shall provide the terms for future sales and recapture of any equity to ensure continued affordability for the requisite period of time, as described in Government Code 65915, et seq.
(Ord. 2020-12-01-1502 C.S. § 13)

§ 16.40.080 Judicial relief, City exemption.

A. 
Judicial Relief. As provided by Government Code Section 65915(d)(3), the applicant may initiate judicial proceedings if the City refuses to grant a requested density bonus and/or incentive.
B. 
City Exemption. Except upon a written finding, based upon substantial evidence, nothing in this chapter shall be interpreted to require the City to:
1. 
Grant a density bonus or incentive or waive or modify development standards, if the bonus, incentive, waiver, or modification, would have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact; or
2. 
Grant a density bonus, incentive, or waive or modify development standards, which would have an adverse impact on any real property that is listed in the California Register of Historical Resources.
(Ord. 2020-12-01-1502 C.S. § 15)

§ 16.44.010 Title.

This chapter shall be titled the "Wireless Communications Facilities for the City of Stockton."
(Ord. 2021-07-27-1602 C.S. § 2)

§ 16.44.020 Purpose and intent.

This chapter is intended to establish reasonable and uniform standards and procedures for the location and installation of wireless communications facilities consistent with State and Federal law.
The standards and procedures contained in this chapter are intended to, and should be applied, consistent with and to the extent permitted by law to protect and promote public health, safety, and welfare, and balance the benefits that flow from robust, advanced wireless services with the City's local values, including, but not limited to, the aesthetic character of the City, its neighborhoods, and community.
This chapter is also intended to reflect and promote the community interest by:
A. 
Ensuring balance between public and private interest.
B. 
Protecting the City's visual character from potential adverse impacts or visual blight created or exacerbated by wireless communications infrastructure.
C. 
Protecting and preserving the City's environmental resources.
D. 
Promoting access to high-quality advanced wireless services for the City's residents, businesses, and visitors.
(Ord. 2021-07-27-1602 C.S. § 2)

§ 16.44.030 Definitions.

For the purposes of this chapter, certain words and phrases used herein are defined as follows:
Antenna
as used in this section means any apparatus designed for the purpose of the transmission and/or reception of radio frequency ("RF") radiation, to be operated or operating from a fixed location to facilitate wireless communications services including but not limited to the transmission of writings, signs, signals, data, images, pictures, and sounds of all kinds.
Applicant
means any person that submits an application to the City to site, install, construct, collocate, modify, and/or operate a wireless communications facility in the City's right-of-way.
Base Station
means the same as defined by 47 C.F.R. Section 1.6100(b)(1), as may be amended from time to time.
Collocation
as used in this chapter means: (1) mounting or installing an antenna facility on a preexisting structure; and/or (2) modifying a structure for the purpose of mounting or installing an antenna facility on that structure. Provided that for the purpose of eligible facilities requests, "collocation" means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.
Design Standards
means those standards established for the design, construction, and installation of wireless communications facilities in the right-of-way.
Director
means the Director of Community Development with concurrence of the Public Works Director responsible for assets in City rights-of-way unless otherwise stated.
Eligible Facilities Request
means the same as defined by the FCC in 47 C.F.R. Section 1.6100(b)(4), as may be amended or superseded.
Existing
means a constructed tower or base station is existing for purposes of this chapter if it has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, as defined in 47 C.F.R. Section 1.6100(b)(5), as may be amended from time to time.
FCC
means the Federal Communications Commission or its duly appointed successor agency.
Major Facility,
as used in this chapter, means a communication facility that:
1. 
Is a freestanding, ground-mounted macro facility;
2. 
Is a structure-or roof-mounted and exceeds 10 feet in height above the roof ridge line; or
3. 
Does not qualify as a "minor facility," below.
Master License Agreement
means a mutual contract between the City and a communications service carrier, licensed by the California Public Utilities Commission to provide communication services, that allows for placement, operation and maintenance of wireless communication facilities in the City's public right-of-way on City-owned structures.
Minor Facility,
as used in this chapter, means a communication facility that is:
1. 
Within the public right-of-way that is stealthed or otherwise designed to match the underlying structure, or is structurally integrated into or on top of a light standard, utility pole, or a metal or precast concrete monopole that is similar in design to a street light pole, or similar structure;
2. 
Structure-or roof-mounted not exceeding 10 feet in height above the roof ridge line unless designed as a stealth facility;
3. 
A collocation at a height below the existing structure height, structurally integrated, or otherwise designed to blend with the underlying structure, or freestanding stealth facility; or
4. 
All small wireless facilities as defined herein.
Person
means, without limitation, a natural person, a corporation, whether nonprofit or for profit, a partnership, a limited liability company, an unincorporated society or association, and two or more persons having a joint or common interest.
Planning Commission
means the City of Stockton Planning Commission.
Private Property
means land owned by an individual, entity, or group over which the owners have exclusive use and legal rights.
Public Right-of-Way
means City owned real property or exclusive easement for the purpose of public streets, curb and gutter, sidewalks street lights, storm, sewer and water utilities, public gas, electric and communication utilities, over which the City is the exclusive reviewing and permitting authority for allowing construction and maintenance activities to occur, or devoted to the City public transportation or the placement of the City's municipal utility easements and other traditional uses along a transportation route, whether by dedication, prescription, or otherwise, as well as the spaces above and below. This definition also includes public highways, streets, avenues, alleys, sidewalks, bridges, aqueducts, and viaducts within the City.
Review Authority
means the Director of Community Development with concurrence of the Public Works Director or the Planning Commission when referred by the Director.
Revocable Permit
means the same as defined under Section 16.240.020 of the Development Code.
RF
means the same as Radio Frequency Radiation defined under Section 16.240.020 of the Development Code.
Section 6409(a)
means Section 6409(a) of the Middle-Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C. Section 1455(a), as such law may be amended from time to time.
Small Wireless Facility
means the same as defined by the FCC in 47 C.F.R. Section 1.6002(l).
Stealth Facility,
as used in this chapter, means any wireless communications facility which is designed to substantially blend into the surrounding environment by, among other things, architecturally integrating into a structure or otherwise using design elements to conceal or otherwise camouflage antennas, antenna supports, poles, equipment, cabinets, equipment housing and enclosure; and related above-ground accessory equipment.
Substantial Change
means the same as defined under 47 U.S.C. 1.6100(b)(7), as such law may be amended from time to time.
Transmission Equipment
means the same as defined by the FCC in 47 C.F.R. Section 1.6100(b)(8), as may be amended from time to time.
Wireless Communication Facility/Facilities
as used in this section means any unstaffed installation for the transmission and/or reception of radio frequency signals for wireless communications services, typically consisting of a tower or base station, transmission equipment, equipment cabinets, and all materials or techniques used to conceal the installation.
(Ord. 2021-07-27-1602 C.S. § 2)

§ 16.44.040 Review and approval process.

A. 
Review Authority.
1. 
Private Property.
a. 
Minor Facilities. The Director is the Review Authority for this facility type pursuant to Table 2-2 and Chapter 16.152.
b. 
Major Facilities. The Director is the Review Authority for this facility type pursuant to Table 2-2 and Chapter 16.168.
2. 
Public Right-of-Way.
a. 
Encroachment Permit. The Director is the Review Authority for this facility type pursuant to Section 16.72.125
b. 
Master License Agreement. The City Manager is the Review Authority for all Master License Agreements for facilities on City-owned structures.
B. 
Application Filing, Processing, and Decision.
1. 
Filing.
a. 
Private Property.
i. 
Minor Facilities. These facilities require Site Plan Review under Chapter 16.152. These facilities shall be allowed if they comply with all applicable standards under the Development Code.
ii. 
Major Facilities. These facilities require an Administrative Use Permit under Chapter 16.168.
b. 
Public Right-of-Way.
i. 
Encroachment Permit. All facilities located in a public right-of-way, are required to obtain an encroachment permit.
ii. 
Master License Agreement. All facilities located in a public right-of-way are required to enter into a Master License Agreement with the City.
2. 
Fees. The applicant shall pay all applicable fees required by the Council's fee resolution.
3. 
Location.
a. 
Private Property—Order of Site Preference.
i. 
Minor Facilities.
(A) 
Existing structures that allow a façade-mounted antenna.
(B) 
New or existing structures integrating a stealth design.
(C) 
Existing structures that allow roof-mounted antennas.
(D) 
Collocation on existing structures at a height at or below the existing structure height.
(E) 
New freestanding stealth facility (whether co-location or single carrier).
ii. 
Major Facilities.
(A) 
Co-location on existing wireless communication facilities above the height of the existing structure.
(B) 
New freestanding facility designed with space for future co-location.
(C) 
New freestanding facility for single carrier.
(D) 
Major facilities are strongly encouraged to locate as follows:
(1) 
Separate from residential areas to the greatest extent feasible but in no case shall they locate in or within 500 feet of a residential zoning district.
(2) 
On parcels within the IG (industrial general) zoning district. major facilities locating within an IG zone shall be allowed by right with no height limitation or screening requirement.
(E) 
Major facilities shall not be located within 1,000 feet of an existing major facility except when collocated on the same structure unless the applicant can justify to the satisfaction of the Director, or designee, that it is infeasible to locate on an existing major facility.
(F) 
For the purposes of this section, distances shall be measured in a straight line without regard to intervening structures, from the nearest point of the proposed facility to the nearest applicable boundary line of a residential zone described, or to the nearest point of another major facility.
4. 
Grounds for Denial.
a. 
The application is not authorized to conduct business in the State of California.
b. 
The applicant is not in full compliance with the requirements of this chapter.
c. 
The applicant has not paid the City fees imposed by this chapter for the application.
d. 
The application, design, or location does not comply with the relevant standards under this chapter or any other applicable standard under the Stockton Municipal Code.
5. 
Decision.
a. 
Private Property. Wireless communication facilities located on private property, the following standards shall apply:
i. 
Good Faith Effort. Applicants for minor and major facilities shall provide written documentation demonstrating a good faith effort to locate facilities in compliance with subsections (3)(a)(i) and (ii) of this section.
ii. 
Height Criteria. Structure-or roof-mounted minor facilities that do not incorporate a stealth design shall not exceed 10 feet in height above the roof ridge line regardless of the overall structure/structure height.
(A) 
Minor Facilities. Minor facilities that are stealth designed (freestanding or roof-mounted) shall not exceed 75 feet in overall height from finished grade.
(B) 
Major Facilities. Major facilities shall not exceed 75 feet in overall height from finished grade, unless the applicant can justify to the satisfaction of the Director that the proposed height necessary to achieve the required technical service objective.
iii. 
Stealth. All wireless facilities must to the maximum extent feasible use design elements and techniques that mimic or blend with the underlying support structure, surrounding environment and adjacent uses.
iv. 
Setbacks. Wireless facilities on private property must be compliant with all setback requirements under Chapter 16.36. Where a freestanding major or minor communication facility abuts a residential use in a nonresidential zone, the setback shall be equal to the height of the proposed facility plus 25 feet, or the highest engineered break point, whichever is lower.
v. 
Noise. Wireless facilities and all transmission equipment must comply with all noise regulations under Chapter 16.60. The approval authority may require the applicant to incorporate appropriate noise-baffling materials and/ or strategies to avoid any ambient noise from equipment that exceeds the applicable noise regulations.
vi. 
Landscaping. All wireless facilities must include landscape features and a landscape maintenance plan when proposed to be placed in a landscaped area. Additional landscape features may be required to screen the wireless facility from public view, avoid or mitigate potential adverse impacts on adjacent properties or otherwise enhance the concealment required under this section. All plants proposed or required must be native and/or resistant to drought.
vii. 
Site Security Measures. Wireless facilities, where appropriate, may incorporate reasonable and appropriate site security measures, such as locks and anti-climbing devices, to prevent unauthorized access, theft, or vandalism. All wireless facilities components shall be constructed from graffiti-resistant materials. Additional concealment elements may be required to blend the security measures and other improvements into the natural and/ or built environment.
viii. 
Backup Power Sources. No backup power sources that emit noise above the level allowed under Chapter 16.60 or exhaust fumes shall be allowed within the public rights-of-way.
ix. 
Lights. Wireless facilities may not include exterior lights other than as may be required under FAA, FCC, other applicable governmental regulations or applicable pole owner policies related to public or worker safety. All exterior lights permitted or required to be installed must be installed in locations and within enclosures that mitigates illumination impacts on other properties to the maximum extent feasible. Any lights associated with the electronic equipment shall be appropriately shielded from public view. The provisions in this subsection shall not be interpreted to prohibit installations on street light poles or the installation of luminaires on new poles when required by the City.
x. 
Signage––Advertisements. All wireless facilities must include signage that accurately identifies the equipment owner/operator, the owner/operator's site name or identification number and a toll-free number to the owner/operator's network operations center. Wireless facilities may not bear any other signage or advertisements unless expressly approved by the City or as required under FCC or other United States governmental agencies for compliance with RF emissions regulations.
xi. 
Future Collocations and Expansions. To the extent feasible and aesthetically desirable, all new wireless communication facilities should be designed and sited in a manner that accommodates potential future collocations and equipment installations that can be integrated into the proposed wireless facility or its associated structures with no or negligible visual changes to the outward appearance. The requirements in this section may be waived if the Director determines future collocations at a proposed wireless facility would be aesthetically undesirable.
xii. 
Utilities. All cables and connectors for telephone, primary electric and other similar utilities must be routed underground to the extent feasible in conduits in areas of the City where undergrounding utilities is required. To the extent feasible, undergrounded cables and wires must transition directly into the pole base without any external doghouse. Meters, panels, disconnect switches and other associated improvements must be placed in inconspicuous locations to the extent possible. The approval authority shall not approve new overhead utility lines or service drops merely because compliance with the undergrounding requirements would increase the project cost. Microwave or other wireless backhaul is discouraged when it would involve a separate and unconcealed antenna.
xiii. 
Compliance with Laws. Wireless facilities must be designed and sited in compliance with all applicable federal, state and local laws, regulations, rules, restrictions and conditions, which includes without limitation the California Building Standards Code, Americans with Disabilities Act, General Plan and any applicable specific plan, the Stockton Municipal Code and any conditions or restrictions in any permit or other governmental approval issued by any public agency with jurisdiction over the project.
xiv. 
Public Safety. Wireless communication facilities shall not interfere with access to a fire hydrant, fire station, fire escape, water valve, underground vault, valve housing structure or any other public health or safety facility. No person shall install, use or maintain any facilities, which in whole or in part rest upon, in or over any public right-of-way, when such installation, use or maintenance endangers or is reasonably likely to endanger the safety of persons or property, or when such site or location is used for public utility purposes, public transportation purposes or other governmental use, or when such facilities unreasonably interfere with or unreasonably impede the flow of pedestrian or vehicular traffic including any legally parked or stopped vehicle, the ingress into or egress from any residence or place of business, the use of poles, posts, traffic signs or signals, hydrants, mailboxes, permitted sidewalk dining, permitted street furniture or other objects permitted at or near the location where the wireless facilities are located.
b. 
Public Right-of-Way. Wireless communication facilities located in the public right-of-way shall conform to the small cell design and deployment standards or as otherwise stipulated by the Director.
6. 
Appeal––Private Property.
a. 
Minor Facilities. These facilities are subject to Site Plan Review, which upon issuance, are not subject to appeal pursuant to Section 16.84.020.
b. 
Major Facilities. These facilities are subject to the Administrative Use Permit process under Chapter 16.168. Final decisions may be appealed to the Planning Commission and Council in accordance with Section 16.84.020, utilizing the procedure under Chapter 16.100.
C. 
Exemptions. The following noncommercial, receive-only antennas for the sole use of a resident occupying a residential structure shall not be regulated by this section:
1. 
A ground-or structure-mounted, radio or satellite dish antenna which does not project above the roof ridge line and does not have a diameter greater than one meter (39 inches); and
2. 
Roof-mounted radio or television aerials not exceeding 75 feet in overall height.
(Ord. 2021-07-27-1602 C.S. § 2)

§ 16.44.050 Abandonment––Removal.

A. 
The operator of a communications facility shall be required to remove all unused or abandoned equipment, antennas, poles, and/or towers if the facility has not been operational for a consecutive six month period or a total of 12 months over a consecutive 30-month period. A facility is considered abandoned if it no longer provides communication services. The removal shall comply with proper health and safety requirements and occur no later than 90 days following the end of the applicable cessation period.
B. 
A written notice of the determination of abandonment shall be sent or delivered to the operator of the facility by the Department. The operator shall have 30 days to remove the facility or provide the Department with evidence that the use has not been discontinued. The Planning Commission shall review evidence and shall determine whether the facility is abandoned. Facilities not removed within the required 90-day period shall be in violation of this section and operators of the facility and the owners of the property shall be subject to penalties for violations under the enforcement and penalty provisions of the Municipal Code.
C. 
In the event that a communication facility is not removed within 90 days after the applicable cessation period ends, as described in subsection A of this section (Abandonment––Removal), the facility may be removed by the City and the costs of removal charged to licensee.
(Ord. 2021-07-27-1602 C.S. § 2)

§ 16.44.060 Safety requirements.

A. 
Prevention of Failures and Accidents. Any person who owns a wireless communications facility sited in the public right-of-way shall at all times employ ordinary and reasonable care to prevent failures and accidents that may cause damage, injury, or nuisance to the public.
B. 
Compliance with Fire Safety and FCC Regulations. Wireless communications facilities, wires, cables, fixtures, and other equipment shall be installed and maintained in substantial compliance with the requirements of the National Electric Code, all FCC, State, and local regulations, and in such manner that will not interfere with the use of other property.
(Prior code § 16-320.060; Ord. 2021-07-27-1602 C.S. § 2)

§ 16.44.070 Satellite antennas, amateur radio communication facilities, and citizen band (CB) radio antennas.

This section provides standards for the location and installation of satellite antennas, amateur (noncommercial) radio communication facilities, and citizen band radio antennas, which shall be located, constructed, installed, and maintained in the following manner:
A. 
Exempt. The following noncommercial, receive-only antennas for the sole use of a resident occupying a residential structure shall not be regulated by this section:
1. 
A ground-or structure-mounted, radio or satellite dish antenna which does not project above the roof ridge line and does not have a diameter greater than one meter (39 inches); and
2. 
Roof-mounted radio or television aerials not exceeding 75 feet in overall height.
B. 
Satellite Antennas. Satellite antennas, including portable units and dish antennas, shall be designed, installed and maintained in compliance with the Federal Communications Commission (FCC) and the California Public Utilities Commission (CPUC) as follows, when these provisions are not in conflict with applicable State and Federal regulations:
1. 
Antennas shall not be located within required front or side yard setback areas. In addition, no portion of an antenna shall extend beyond the property lines.
2. 
The antennas and supporting structure shall be painted a single, neutral, non-glossy color (e.g., earth-tones, gray, black, etc.) and, to the extent possible, compatible with the appearance and character of the surrounding neighborhood.
3. 
Electrical and antenna wiring shall be placed underground whenever possible.
4. 
In residential zoning districts, antennas shall be subject to the following standards:
a. 
Antennas shall be located only within the rear yard of the site, at least five feet from the rear lot line and at least 15 feet from any street side property line;
b. 
The diameter of the ground-mounted antenna (dish) shall not exceed 10 feet;
c. 
The height of the antennas shall not exceed 20 feet at the highest point of the antenna;
d. 
Antennas shall not project or overhang into areas in which antennas are not allowed to locate;
e. 
Only one antenna with a diameter greater than one meter (39 inches) may be allowed on a site; and f. The antennas shall be used for private, noncommercial, purposes only.
5. 
In nonresidential zoning districts, antennas may be roof-or ground-mounted which do not exceed 14 feet in diameter.
C. 
Single Pole/Tower Amateur Radio Communication Facilities. Single pole/tower amateur radio communication facilities shall be designed, constructed, installed, and maintained in the following manner:
1. 
The maximum overall height (including antennas) shall not exceed 75 feet, measured from finished grade;
2. 
Where a parcel has one pole/tower structure greater than 40 feet in overall height (including antennas), a second pole/tower structure shall be allowed with an overall height not to exceed 40 feet (including antennas);
3. 
A boom or other active element/accessory shall not exceed 35 feet in length (wire type antennas, no larger than 10 gauge in size, with two or less elements and no boom are exempt from this limitation);
4. 
The pole/tower and/or antennas may be roof-or ground-mounted;
5. 
The pole/tower and/or antennas may not be located in any required front or side yard setback areas;
6. 
The pole/tower and/or antennas shall be located at least five feet from the rear lot line and at least 15 feet from any street side property line;
7. 
The pole/tower and/or antennas shall not project or overhang into areas in which they are not allowed to locate;
8. 
The pole/tower and/or antennas shall be a natural metal finish or painted a single, neutral, nonglossy color (e.g., earth-tones, gray, black, etc.) and, to the extent possible, compatible with the appearance and character of the surrounding neighborhood;
9. 
The pole/tower and/or antennas shall be used for private, noncommercial, purposes only; and
10. 
Operators shall be responsible to operate in compliance with all applicable regulations, specifically those regulations related to radio interference with electronic devices as set forth by the Federal Communications Commission (FCC)
D. 
Citizen Band (CB) Radio. Citizen band radio antennas shall be designed, constructed, installed and maintained in the following manner except for antennas mounted on vehicles or to handheld units:
1. 
Standards.
a. 
Citizen band radio antennas shall not exceed 20 feet above the highest point of a structure, or structure on which it is mounted, and in no case shall it exceed 60 feet in overall height; and
b. 
Citizen band radio antennas shall comply with requirements provided in subsections (C)(4) through (10) of this section (Single pole/tower amateur radio communication facilities).
2. 
Prohibition of Certain Citizen Band Radios. It shall be a violation of this Development Code to use citizen band radio equipment not authorized by the Federal Communications Commission or the unauthorized operation of citizen band radio equipment on a frequency between 24 MHz and 35 MHz and subject to a penalty in compliance with Chapter 16.224 (Enforcement).
3. 
Exempt Stations. A station that is licensed by the Federal Communications Commission pursuant to Section 301 of the Communications Act of 1934 in any radio service for the operation at issue shall not be subject to this chapter. A citizens band radio equipment on board a "commercial motor vehicle," as defined in Section 31101 of Title 49, United States Code, shall require probable cause to find that the commercial motor vehicle or the individual operating the vehicle is in violation of Federal Communications Commission citizens band radio regulations.
4. 
Appeal. Any person subject to this chapter may submit to the Federal Communications Commission an appeal of the decision on the grounds that the City enacted the ordinance codified in this chapter outside the auto route provided by Section 302 of the Communications Act of 1934. A person shall submit his or her appeal on a City decision to the Federal Communications Commission, if at all, not later than 30 days after the date on which the City's decision becomes final, but prior to seeking judicial review of the decision.
(Ord. 2021-07-27-1602 C.S. § 2)

§ 16.44.080 Modifications.

A. 
General. Modifications to all approved wireless facilities not regulated by Section 6409(a) shall comply with Chapter 16.104 (Changes to an Approved Project).
B. 
6409(a) Modifications. Section 6409(a) of the Middle-Class Tax Relief and Job Creation Act of 2012, Pub. L. 112-96, codified in 47 U.S.C. Section 1455(a), generally requires that State and local governments "may not deny, and shall approve" requests to collocate, remove or replace transmission equipment at an existing tower or base station.
1. 
Applicability. This section applies to all eligible facilities requests to modify or collocate on an existing wireless tower or base station submitted with a written request for approval pursuant to Section 6409(a).
2. 
Approval. Any request to collocate, replace or remove transmission equipment at an existing wireless tower or base station shall be subject to the Director's approval and shall be approved upon Director's determination that the eligible facilities request application qualifies as an eligible facilities request.
3. 
Other Regulatory Approvals. No collocation or modification approved under any Section 6409(a) approval may occur unless the applicant also obtains all other applicable permits or regulatory approvals from the City and State or Federal agencies. Furthermore, any Section 6409(a) approval granted under this section shall remain subject to any and all lawful conditions or requirements associated with such other permits or regulatory approvals from the City and state or federal agencies.
4. 
Application. Applicants for Eligible Facilities Requests shall require Site Plan Review under Chapter 16.152. The Director shall prepare and make publicly available an application form that shall be limited to the information necessary for the City to consider whether an application is an eligible facility request. The application may not require the applicant to demonstrate a need or business case for the proposed modification.
5. 
Process. All applications for Section 6409(a) modifications are subject to the review process under 47 C.F.R. Section 1.6100(c).
a. 
Timeframe for Review. The 60-day period begins to run when the application is filed and may be tolled only by mutual agreement or where the City determines that the application is incomplete. The timeframe for review of an eligible facilities request is not tolled by a moratorium on the review application.
b. 
Tolling. To toll the timeframe for incompleteness, the City must provide written notice to the applicant within 30 days of receipt of the application, clearly and specifically delineating all missing documents or information. Such delineated information is limited to documents or information meeting the standard under paragraph (c)(1) of 47 C.F.R. 1.6100(c).
i. 
The timeframe for review begins running again when the applicant makes a supplemental submission in response to a notice of incompleteness.
ii. 
Following a supplemental submission, the City has 10 days to notify the applicant that the supplemental submission did not provide the information identified in the original notice delineating missing information. The time frame is tolled in the case of second or subsequent notices pursuant to the procedures identified in this subsection. Second or subsequent notice of incompleteness may not specify missing documents or information that was not delineated in the original notice of incompleteness.
c. 
Notice of Decision. The Director shall notify the applicant in writing, prior to expiration of the FCC timeframe for review, when the Director determines that the application does not qualify for approval. Failure to act on an application within 60 days shall result in a deemed approval.
i. 
Criteria for Denial. Notwithstanding any other provisions in this section, and consistent with all applicable Federal laws and regulations, the Director may deny without prejudice an application submitted for approval pursuant to Section 6409(a) when it finds that the proposed project:
(A) 
Does not satisfy the criteria for an eligible facilities;
(B) 
Violates any legally enforceable standard or permit condition reasonably related to public health and safety then in effect; or
(C) 
Involves the replacement of the entire support structure.
d. 
Applications Deemed Withdrawn. To promote efficient review and timely decisions, an application will be automatically deemed withdrawn by the applicant when the applicant fails to tender a substantive response to the City within 90 calendar days after the City deems the application incomplete in a written notice to the applicant. As used in this subsection, a "substantive response" must include the materials identified as incomplete in the approval authority's notice. The Director may, in his or her discretion, grant a written extension when the applicant submits a written request prior to the 90th day that shows good cause to grant the extension. Delays due to circumstances outside the applicant's reasonable control will be considered good cause to grant the extension.
e. 
Failure to Act. In the event the City fails to approve or deny a request seeking approval under this section within the timeframe for review (accounting for any tolling), the request shall be deemed granted. The deemed grant shall become effective when the applicant notifies the City in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted.
f. 
Remedies. These facilities are subject to site plan review, which upon issuance, are not subject to appeal pursuant to Section 16.84.020. Applicants or City may bring claims related to Section 6409(a) to any court of competent jurisdiction.
(Ord. 2021-07-27-1602 C.S. § 2)

§ 16.44.090 Violations and penalties.

A. 
Violation of any of the provisions of this chapter shall be deemed to be an infraction.
B. 
Any person convicted of an infraction, shall be punishable by a fine only as follows: Upon a first conviction, by a fine not exceeding $100.00, by a fine not exceeding $250.00 for a second violation of the same ordinance within one year, and for a third conviction or subsequent conviction within a period of one year, by a fine not exceeding $500.00.
(Ord. 2021-07-27-1602 C.S. § 2)

§ 16.48.010 Purpose.

The purpose of this chapter is to establish requirements for fences, hedges, and walls. These requirements are designed to provide aesthetic enhancement of the City.
(Prior code § 16-325.010; Ord. 2025-06-03-1601, 6/3/2025)

§ 16.48.020 Applicability.

The provisions of this chapter apply to all fences, hedges, and walls unless otherwise stated. These regulations do not apply to fences or walls required by regulations of a State or Federal agency, or by the City for reasons of public safety.
(Prior code § 16-325.020; Ord. 2025-06-03-1601, 6/3/2025)

§ 16.48.030 Permit required.

A building permit is required for fences and walls consistent with the current version of the California Building Code.
[1]
Editor's Note: This ordinance also repealed §§ 16.48.030—16.48.100, derived from Prior code §§ 16-325.025—16-325.080, Ord. 023-07 C.S. §§ 29—36; Ord. 001-08 C.S. §§ 5, 6; Ord. 015-09 C.S., eff. 12-3-09; Ord. 009-10 C.S. § 1, eff. 8-26-10; Ord. 2019-05-21-1504 C.S. § 2; Ord. 2020-06-09-1501 C.S. §§ 13, 14 and Ord. 2020-12-01-1502 C.S. §§ 16, 17.

§ 16.48.040 Measuring fence or wall height.

The height of a fence or wall, including fences placed on top of a wall, is measured as the vertical distance from the highest finished grade on either side of the fence or wall to the highest point of such fence or wall.

§ 16.48.050 Maximum Height.

The maximum allowed height of fences, walls, dense hedges, and related structures is as follows. Fences, walls, dense hedges, and related structures are also subject to Section 16.36.140 (Traffic sight area).
A. 
Front and Street-Side Setbacks. Fences, walls, dense hedges, and similar structures shall not exceed three feet in height within the required front and street-side setback, except as follows.
1. 
Open Fences. Fences constructed of open grillwork or other allowed material that allows at least 33% view penetration through the fence may be a maximum of four feet tall.
2. 
Welded-metal Fences. A decorative, open wrought-iron or tubular-steel fence not exceeding six feet in height in the Magnolia Historic (-MHD) Overlay District and five feet in height outside of the -MHD Overlay District may be placed along the front and street side property lines or within the front-yard and street side-yard setback areas.
a. 
This exception does not authorize solid walls or fences composed of chain link, woven wire, wood, or materials other than open wrought iron or tubular steel.
b. 
A post or pilaster, consisting of masonry, brick, or other solid material, not exceeding 18 inches square and five feet tall, may be used to support a wrought iron or tubular steel fence at a minimum distance between posts of seven feet.
B. 
Other Areas. Fences, walls, dense hedges, and similar structures located outside of required setback areas or within required interior side or rear setback areas shall not exceed eight feet in height.
C. 
Decorative Features. One entry gateway, trellis, or other entry structure is permitted in the required front or street-facing side yard of each lot, provided that the structure does not exceed 10 feet in height, eight feet in width, and three feet in depth. Such decorative features shall not have any solid obstruction that exceeds one foot in diameter between the height of three feet and eight feet.
D. 
Exceptions.
1. 
Public Areas. Fences that enclose school grounds, public playgrounds, tennis courts, public swimming pools, or other public areas that are used for athletic purposes may exceed the maximum height limitations of this chapter with the approval of the Director.
2. 
Noise Mitigation. Walls used to mitigate noise may exceed the maximum height limitations of this chapter with the approval of the Director.

§ 16.48.060 Walls and fences along rights-of-way.

Perimeter fences/walls adjoining public rights-of-way shall be designed and constructed in compliance with City standard specifications and plans and as follows:
A. 
Walls, where required, shall be constructed of decorative concrete or masonry materials up to six feet tall unless alternative materials are approved by the Director.
B. 
Aesthetic appeal as well as structural integrity shall be considered when designing the wall.
C. 
All walls shall be located on private property and a separate maintenance easement shall be recorded for the walls. The easement shall be of a sufficient size to allow for regular maintenance (i.e., graffiti removal) and shall include the width of the support footing as it extends from both sides of the wall. The owner, developer, and successors-in-interest shall provide for maintenance of the walls by providing some type of permanent maintenance entity such as either a Homeowners Association or participation in the City's consolidated landscape maintenance district.
D. 
Where a 15-foot wide landscaped right-of-way is not required, walls shall be articulated by providing a minimum three-foot-deep by 10-foot-long landscaped recession for every 50 feet of continuous wall.
E. 
The design shall include an appropriate mix of materials and landscaping subject to the approval of the Director, including materials designed to discourage graffiti (i.e., vines, shrubs with thorns etc.).

§ 16.48.070 Materials.

A. 
Chain-Link Fencing.
1. 
Residential Uses and Districts. Chain-link fencing is prohibited in residential districts and for residential uses in nonresidential districts.
2. 
Nonresidential Uses in Commercial and Industrial Districts. Chain-link fencing is prohibited within 10 feet of a front or street-side property line. Any chain-link fencing must be vinyl-coated,
B. 
Barbed Wire/Razor Wire Fencing. Barbed wire and razor wire fencing is prohibited in residential districts or adjacent to public rights-of-way in commercial and industrial districts. All barbed wire, razor wire, or other sharp pointed material may only be used in the construction of a fence if it is at least seven feet above ground level and not visible from any adjacent public street.
C. 
Tarp Fencing. Tarp fencing shall be prohibited in all zoning districts.
D. 
Electrified Fencing. The use of electrified fencing, for security or other purposes, is prohibited in all zoning districts, except in the CG, CA, CL, CH, IL, IG, and PT districts. Said fencing shall comply with the following requirements:
1. 
Electrified Fences in the CG, CA, CL, and CH Districts. The following uses are eligible for electrified fencing in the CG, CA, CL, and CH Districts:
a. 
Marinas;
b. 
Construction, farm and heavy equipment sales;
c. 
Personal storage facilities; and
d. 
Minor communication facilities.
2. 
Permits Required. Any electrified fencing shall require the approval of the following permits:
a. 
Land Development Permit. A land development permit in compliance with Chapter 16.136 (Land Development Permits) when located in the CG, CA, CL, or CH District, except as otherwise approved by another discretionary application for a project on the same site.
b. 
Alarm Permit. An alarm permit obtained from the Police Department. For this program, all applicable alarm fees apply to electric fence installations. (See Title 8, Chapter 8.44 "Intrusion Detection Devices and Burglar Alarm Systems.")
c. 
Building Permit. A building permit in compliance with Title 15, Buildings and Construction.
3. 
General Requirements. The following electrified fencing standards shall apply to all development:
a. 
Electrical Standard. Unless otherwise specified herein, electrified fences shall be constructed or installed in conformance with applicable provisions of International Electrotechnical Commission (IEC) standards for electric fence energizers, as well as applicable provisions of the California Electrical Code (CEC), as necessary.
b. 
Electrification.
i. 
The energizer for electric fences must be driven by a commercial storage battery not to exceed 12 Volts DC or other approved 12-Volt DC or less power source.
ii. 
The electric charge produced by the fence upon contact shall not exceed energizer characteristics set forth in the IEC standard for electric fence energizers.
iii. 
Non-low voltage electrical components (e.g., controllers, transformers) of the electric fencing system shall be approved and listed by an Occupational Safety and Health Act nationally recognized testing laboratory.
c. 
Perimeter Fence or Wall. Except as required by subsection D.3.h (Adjacent to Residential Zones or Uses), electrified fencing shall be completely surrounded by a non-electrified fence or wall that is not less than six feet tall and has no barbed, concertina, or similar wire attached. Vehicle access gates along public rights-of-way may be exempted from this requirement, subject to approval of a land development permit in the CG, CA, CL, or CH District or another discretionary application for a project on the same site. Any barbed, concertina, or similar wire on existing fences shall be removed prior to the installation of the electric fence. Existing developed properties with legally-built existing chain-link fencing may retain said fencing when located closer than 10 feet from the front and side property. Similarly, vinyl coating on said fencing is not required.
d. 
Setback.
i. 
Any opening in the perimeter fence less than or equal to three inches shall require a minimum one-foot setback from the electric fence (IEC 60335-2-76 Standard).
ii. 
Any opening in the perimeter fence greater than three inches shall require a minimum three-foot setback from the electrified fence or the installation of an approved mesh between electrified fence and non-electrified fence.
e. 
Height. Electrified fencing shall not have a height in excess of 10 feet.
f. 
Warning Signs. Electric fences shall be clearly identified with 12-inch by 18-inch warning signs on both the inside and outside of the fence. The signs shall read "Warning-Electric Fence" in English with international symbols and other languages as required by the Land Development Permit in the CG, CA, CL, or CH District, at intervals of not greater than 30 feet. Warning signs shall be maintained in good condition at all times to ensure visibility.
g. 
Emergency Access. A "Knox Box" or other similar approved devices shall be installed for emergency access by Police and Fire Departments. A means to disconnect electrical power to the fence shall be readily available to the Police and Fire Departments. Disconnect switches and controls shall be in an accessible location on the property and shall not be obscured in any manner from the street/private driveway access. Approved signs stating the identification of such switches/controls in addition to informational instructions as to how to disable the electrical system shall be installed to the satisfaction of the Fire Marshal. In accordance with Section 8.44.090, a notice shall be posted at each gate (pedestrian and vehicle gates) indicating a 24-hour contact name and phone number or said information shall be filed and kept updated with the Police Department. In the event that access by the City of Stockton Fire Department and/or Police Department personnel to a property where a permitted electric fence has been installed and is operating is required due to an emergency or urgent circumstances, and the Knox Box or other similar approved device above is absent or non-functional, and an owner, manager, employee, custodian, or any other person with control over the property is not present to disable the electric fence, fire or police personnel shall be authorized to disable the electric fence in order to gain access to the property. As a condition of permit issuance, all applicants issued permits to install or use an electric fence as provided in this chapter will agree to waive any and all claims for damages to the electric fence against the City of Stockton and/or its personnel under such circumstances.
h. 
Adjacent to Residential Districts or Uses. Electric fences may abut residentially-zoned or residentially-used property when there is a non-electrified wall at least eight feet in height between the electrified fence and residential district or use.

§ 16.48.080 Graffiti prevention.

Fences and walls in multi-unit and nonresidential projects and all back-up walls shall be designed and built to control graffiti pursuant to Section 8.24.170 Ease of removal provisions).

§ 16.48.090 Maintenance.

All walls and fences shall be maintained in a safe, neat and orderly condition at all times.

§ 16.52.010 Purpose.

The purpose of this chapter is to provide standards for applicants that desire to develop unused or underutilized land within the City limits. The standards in this chapter are intended to encourage and maximize opportunities for infill development projects, which are beneficial to the community, protective of existing neighborhoods, and well designed. The benefits of infill include resource conservation, efficiency of facilities and services, promotion of alternative modes of transportation, and opportunities for diverse housing and mixed use options. It is the intent of this chapter to facilitate the seamless infill of potential sites that minimize impacts on the City as a whole and on existing residential neighborhoods (including, but not limited to, impacts upon neighborhood character, aesthetics, noise and privacy) and on traffic congestion and parking.
(Prior code § 16-330.010; Ord. 2022-07-12-1601-02 C.S. § 18; Ord. 2025-06-03-1601, 6/3/2025)

§ 16.52.020 Applicability.

The provisions of this chapter may apply to development in any zoning district within the existing jurisdictional boundaries of the City that meet all of the following criteria:
A. 
Vacant and developed property, with or without existing structures, of less than a total of five acres, which consist of:
1. 
One legal lot; or
2. 
Two or more contiguous, commonly-owned legal lots that are not separated by a public street;
B. 
Bounded on at least three sides by existing urban uses or development;
C. 
Served by existing water, sewer, drainage, streets, and schools; and qualified for categorical exemption under the California Environmental Quality Act, Section 15332, CEQA, Class 32.
(Prior code § 16-330.020; Ord. 023-07 C.S. § 37; Ord. 2022-07-12-1601-02 C.S. § 18; Ord. 2025-06-03-1601, 6/3/2025)

§ 16.52.030 Standards and requirements.

Infill development shall meet the requirements of this Development Code for the project, except for the following standards and requirements:
A. 
Residential Projects.
1. 
General. All residential infill projects shall meet the following general requirements:
a. 
Density. Density may be reduced or increased at the discretion of the Director only under the following circumstances:
i. 
The decrease or increase is less than 30% of the required minimum or maximum density for the zoning district;
ii. 
The decrease or increase is compatible with existing development; and
iii. 
The decrease or increase will further the aims of this chapter, or as allowed under the density bonus provisions in compliance with Chapter 16.40 (Affordable Housing Incentives/Density Bonus Provisions).
b. 
Density Waivers for Small Infill Lots. Maximum density requirements for small infill lots (less than 6,500 square feet) may be waived by the Director under the following circumstances:
i. 
High quality projects located in the Greater Downtown Area or Downtown Core that compliment and contribute to the surrounding neighborhood through sensitive planning and design, where higher density allowances have been accounted for in the General Plan;
ii. 
Affordable housing projects as defined by the U.S. Department of Housing and Urban Development;
iii. 
Adaptive reuse of an existing building designated as a historic resource; and
iv. 
Projects in furtherance of General Plan and Housing Element policies pertaining to acceleration of housing and infill development, as determined by the Director.
c. 
Setback Requirements.
i. 
Primary Structure.
(A) 
Blocks with Existing Structures. The setbacks for the primary structure shall be no greater than, nor no less than, the minimum and maximum setbacks of the existing primary structures on the blockface on which the infill site is located, and shall be the same or greater than the front setbacks of the buildings on either side of the project.
(B) 
Blocks without Existing Structures. If there are no existing structures on the blockface proposed for an infill project, the setbacks shall be determined by the Review Authority, to be:
(1) 
Those of the zoning district in which the project is located;
(2) 
Those of the structures on the opposite side of the street; or
(3) 
Those specified in Table 3-5 (Setback Requirements for Residential Infill Projects).
TABLE 3-5
SETBACK REQUIREMENTS FOR RESIDENTIAL INFILL PROJECTS
Yard
Setback
Front
Main structure with access to the parking space from the street
10 feet
Main structure with access to the parking space from the rear of parcel
5 feet
Side
3 feet
Street side
5 feet
Rear
10 feet
ii. 
Accessory Structures.
(A) 
Garages/Covered Parking Space. Garages/covered parking spaces shall meet the requirements for accessory structures, except that:
(1) 
Street. Garages/covered parking spaces shall have an equal or greater front setback than the front setback for the primary structure
(2) 
Private Street or Alley. The setback for garages/covered parking spaces on private streets or alleys may be less than the required setback (20 feet for streets and 10 feet for alleys), provided there is at least 25 feet to back out.
(B) 
Other. Other accessory structures shall meet the front yard and street side yard requirements for primary structures, but shall have no setback requirements for rear and interior side yards.
d. 
Height Limits.
i. 
Primary Structure. The height of the primary structure shall be in compliance with the height requirements for the zoning district, except that the height may be increased:
(A) 
To the height of the highest residential structure on the blockface; or
(B) 
By 25% if it is in keeping with the character of the blockface as determined by the Review Authority.
ii. 
Accessory Structures. The height of an accessory structure may exceed 15 feet if it is in keeping with the character of the neighborhood and the primary structure as determined by the Director, but no higher than the height of the primary structure.
e. 
Parking Requirements. The number of parking spaces required shall be in compliance with Chapter 16.64 (Off-Street Parking and Loading Standards), except that a waiver of the parking requirements may be granted by the Review Authority, if:
i. 
Existing physical constraints on the site limit the amount of parking that can be provided; and
ii. 
The granting of the waiver would further the purpose of the revitalization of the area.
f. 
Driveways. Residential driveways shall be subject to the following:
i. 
Individual Driveways. Residential driveways shall be in compliance with Section 16.36.030(C)(2) (Driveways—Residential).
ii. 
Common Driveways. Common driveways for less than eight residential units shall be at least 25 feet in width. A reduction in the width of the driveway may be granted by the City Engineer, provided:
(A) 
The common driveway is at least 20 feet in width; and
(B) 
At least 25 feet is provided for backing out from individual driveways.
2. 
Single-Unit Projects. In addition to the above requirements, covenants, conditions, and restrictions (CC&Rs) shall be required for all single-unit subdivisions of five or more lots.
3. 
Multi-Unit Projects. In addition to the above requirements, multi-unit projects shall be subject to the following:
a. 
Development Standards.
i. 
Landscaping.
(A) 
Requirements. All front, rear, and side yards along the street side shall be landscaped in compliance with Section 16.56.040 (Landscape standards). The landscaping shall be maintained by the owners, developers, and/or successors-in-interest.
(B) 
Plans.
(1) 
A comprehensive landscape and irrigation plan shall be submitted with the site plan for approval by the Director; and
(2) 
If there are common areas, a landscape and maintenance plan shall be provided.
ii. 
Fencing. Any necessary fencing shall be provided in compliance with the use permit for the project.
iii. 
Lighting. Safety and security lighting shall be provided for parking areas and the lighting for parking areas and buildings shall not reflect on adjacent residential properties and shall be confined to ground lighting wherever possible.
iv. 
Refuse Disposal. The refuse collection areas shall be clearly designated on the site plan. Refuse areas shall be clearly accessible for pickup and shall be effectively screened from public view in compliance with Section 16.36.130 (Solid waste/recyclable materials storage). Waste disposal pickup bins (dumpsters) shall not occupy any required parking spaces nor intrude into required access driveways.
b. 
Management/Maintenance Agreement. A management/maintenance agreement shall be required for all multi-unit projects.
B. 
Nonresidential, Multi-Use, and Live-Work Projects.
1. 
Density. The density for residential units in multi-use and live-work projects shall not exceed the General Plan density, except that:
a. 
A 30% increase may be approved by the Director.
b. 
A density bonus increase may be allowed for projects meeting the provisions for a density bonus in compliance with Chapter 16.40 (Affordable Housing Incentives/Density Bonus Provisions).
2. 
Setback Requirements.
a. 
Primary Structure.
i. 
Blockfaces with Existing Structures.
(A) 
Commercial and Multi-Use Projects. The primary structure for a commercial project in a commercial zoning district or multi-use project in any zoning district may be located at the property line provided:
(1) 
There is at least 20 feet between that structure and any off-site residential structure; and
(2) 
The location of the building is in compliance with the requirements for traffic sight areas (Section 16.36.140).
(B) 
Other Projects. For all other nonresidential projects, the setbacks for the primary structure shall be no greater than, nor no less than, the minimum and maximum setbacks of the existing structures on the blockface on which the infill site is located, and shall be the same or greater than the front setbacks of the buildings on either side of the project.
ii. 
Blockfaces without Existing Structures. If there are no existing structures on the blockface proposed for an infill project, the setbacks shall be determined by the Review Authority, to be:
(A) 
Those of the zoning district in which the project is located; or
(B) 
Those of the structures on the opposite side of the street.
b. 
Accessory Structures. Accessory structures shall be in compliance with Section 16.36.035 (Accessory structures).
3. 
Height Limits.
a. 
Primary Structure. The height of the primary structure shall be in compliance with the height requirements for the zoning district, except that the height may be increased:
i. 
To the height of the highest structure on the blockface; or
ii. 
By 25% if it is in keeping with the character of the blockface as determined by the Review Authority.
b. 
Accessory Structures. The height of an accessory structure shall be in compliance with Section 16.36.035 (Accessory structures).
4. 
Parking Requirements. The number of parking spaces required shall be in compliance with Chapter 16.64 (Off-Street Parking and Loading Standards), except a waiver of the parking requirements may be granted by the Review Authority, if:
a. 
Existing physical constraints on the site limit the amount of parking that can be provided; and
b. 
The granting of the waiver would further revitalization of the area.
5. 
Landscaping. Landscaping shall be provided in compliance with Chapter 16.56 (Landscaping Standards). If there are common areas, a landscape and maintenance plan shall be provided.
6. 
Driveways. Nonresidential driveways shall be subject to the standards for urban driveways in compliance with Section 16.36.030(C)(3) (Driveways—Nonresidential).
C. 
Adaptive Reuse Projects (Greater Downtown and Downtown Core).
1. 
Intent. The intent of adaptive reuse is to allow conversion of existing structures into new land uses that maintain or enhance the character of a neighborhood or district, extend the life of the building, reduce use of new construction materials, reduce construction waste generated, and provide additional employment or housing opportunities in appropriate and compatible locations.
2. 
Uses. Notwithstanding the nonconforming provisions of Chapter 16.228, an adaptive reuse project may change the use of an existing building to any use permitted by the underlying zoning district.
3. 
Commission Use Permit. Any use that is not ordinarily permitted, or conditionally permitted, within the underlying zoning district, may be requested by submittal of a commission use permit application, pursuant to the purpose, findings and conditions expressed in Chapter 16.168, in addition to the following findings:
a. 
Use of the building is for a purpose other than that for which it was originally designed, and in a manner that would not normally be permitted within the underlying zoning district, and is necessary to enhance the economic viability of retaining the building and its notable characteristics in a manner that ensures the continued maintenance of the building; and
b. 
Any alterations to the building that are necessary to accommodate the adaptive reuse of the building shall be designed and completed in a manner consistent with the Secretary of Interior's Standards for Rehabilitation and shall be subject to any discretionary approvals required pursuant to Title 16 of the Stockton Municipal Code.
4. 
Setbacks. Existing principal structures with non-conforming setbacks may remain. Any additions or façade changes involving greater than 25 continuous linear feet of exterior wall facing a public right-of-way shall comply with zoning setbacks, unless waived by the Director.
5. 
Height. Heights of existing buildings shall be exempt from established height limits. The addition of parapets or roof structures, equipment or other enclosures or non-habitable space is allowed. Any new habitable space or floors shall comply with height limits of the underlying zoning district, unless waived by the Director.
6. 
Existing Parking. The overall number of existing parking spaces on-site shall be maintained, unless a reduction is appropriate per Chapter 16.64. A reduction in existing parking for the purpose of providing required ADA parking and access may be allowed by the Director.
7. 
Required Parking.
a. 
No additional on-site parking shall be required for conversion to residential uses unless the floor area is increase exceeds 25 percent, then required parking standards based on the use apply.
b. 
Total parking for non-residential uses shall be the lesser of the underlying zoning district or one space per every 1,000 square feet of usable internal space.
c. 
Tandem parking is allowed for up to 50 percent of provided spaces.
d. 
Shared parking agreements are encouraged for adaptive reuse projects and subject to approval by the Director.
e. 
Any reductions in required parking shall be approved by the Director.
8. 
Other provisions. Floor area ratio (FAR), landscaping, lot coverage, open space, and any other applicable development standards of the underlying zone will be complied with, unless waived by the Director.
(Prior code § 16-330.030; Ord. 023-07 C.S. §§ 38, 39; Ord. 2022-07-12-1601-02 C.S. § 18; Ord. 2025-06-03-1601, 6/3/2025)

§ 16.52.040 Design review.

The design of buildings/structures shall be subject to design review requirements of Chapter 16.120 (Design Review).
(Prior code § 16-330.040; Ord. 2025-06-03-1601, 6/3/2025)

§ 16.52.050 Land use.

In addition to the land uses allowed in Table 2-2 (Allowable Land Uses and Permit Requirements), infill projects consisting of the land uses in Table 3-6 (Allowable Land Uses and Permit Requirements for Infill Projects) shall be allowed in any zoning district subject to the permit requirements in Table 3-6. In the event of any perceived conflict between the provisions of this section and any other provisions of this Development Code, the most permissive provision shall control.
TABLE 3-6
ALLOWABLE LAND USES AND PERMIT REQUIREMENTS FOR INFILL PROJECTS
Land Use
Permit Requirement
Single-unit dwellings on blockfaces in which at least 50% of the blockface is occupied by existing single-unit homes
P
Single-unit dwellings on blockfaces in which less than 50% of the blockface is occupied by existing single-unit homes, except that single-unit homes shall not be allowed in an industrial zoning district or in an area designated as industrial on the General Plan
A
Retail sales of less than 2,000 square feet
A
Restaurants of less than 3,000 square feet
A
Offices of less than 5,000 square feet
A
Multi-unit dwellings
A
General personal services
A
Banks and financial services of less than 5,000 square feet
A
Artisan manufacturing
A
Live-work space
P
Instructional services
A
(Prior code § 16-330.050; Ord. 023-07 C.S. § 40; Ord. 2025-06-03-1601, 6/3/2025)

§ 16.56.010 Purpose.

The purpose of this chapter is to:
A. 
Enhance the aesthetic appearance of the City by providing standards related to the quality and functional aspects of landscaping;
B. 
Increase the compatibility between abutting land uses and public rights-of-way by providing landscape screening and buffers; and
C. 
Provide for the conservation and protection of water resources through the efficient use of water, appropriate use of plant materials suitable for climate and location, and regular maintenance of landscaped areas.
(Prior code § 16-335.010)

§ 16.56.020 Areas required to be landscaped.

All projects that require approval by the City shall provide and maintain landscaping in compliance with the provisions of this chapter. Landscaping shall be provided prior to the final certificate of occupancy or final building permit, except for extensions granted by the Director for such issues as seasonal conditions, in the following locations.
A. 
Exemptions. The following projects shall be exempt from landscaping requirements:
1. 
Areas screened from public view;
2. 
Undeveloped portions of nonresidential project sites intended for future development;
3. 
Undeveloped portions of residential subdivisions (single-family homes, duplexes, triplexes, and multifamily);
4. 
Property that is in agricultural production;
5. 
Parcels for which there are no final or parcel map or which are identified as remainder parcels on a final or parcel map; and
6. 
Parcels for which a building permit is obtained for:
a. 
Tenant improvements;
b. 
Maintenance, repair, and/or replacement of building elements;
c. 
Electronic security systems;
d. 
Fire and life safety devices and/or systems;
e. 
Emergency or hazardous conditions which must be corrected in the interest of public health, safety, and welfare; and
f. 
Other conditions which the Director determines to be immaterial.
B. 
Existing Uses and Structures. If existing physical constraints on the site, (e.g., structures, parking, circulation, etc.) limit the amount of landscaping that can be provided when there is an addition or change to the existing use, the applicant shall provide whatever additional landscaping the site can accommodate in compliance with the landscape area requirements of this chapter.
C. 
Parking Areas. Parking areas shall be landscaped in compliance with Section 16.64.080 (Development standards for off-street parking).
D. 
Public Rights-of-Way. Public rights-of-way shall be landscaped in compliance with Chapter 16.72 (Public Improvements) and the following:
1. 
Rules and Regulations. The planting, trimming, care, and removal of street trees shall be in compliance with the most current Department handout for street trees and trees planted in a City right-of-way or public utility easement.
2. 
Permitting. A permit from the Director shall be required for anyone, including a utility company operating under a franchise granted by the City of Stockton, to plant, remove or effectively remove, replace, or relocate a street tree in compliance with Chapter 16.162 (Street Tree Permit).
3. 
Interference. No one shall interfere with the City while engaged in planting, mulching, pruning, trimming, spraying, treating, or removing any street tree in compliance with Section 12.64.040 (Interference with the City of Stockton).
4. 
Harming of Street Trees. No one shall cause harm to a street tree in compliance with Sections 12.64.050 (Substances deleterious to trees or shrubs prohibited), 12.64.060 (Prohibition against attaching ropes, wires, signs, etc., to trees or shrubs), and 12.64.070 (Protection of trees and shrubs during construction work).
E. 
Maintenance. Property owners may trim, prune, and maintain a City street tree adjacent to their property without a permit in compliance with subsection D (Public rights-of-way), provided the maintenance does not result in the effective removal of a street tree.
(Prior code § 16-335.020; Ord. 015-09 C.S., eff. 12-3-09)

§ 16.56.030 Landscape plans.

Landscape plans shall be submitted for all multifamily and nonresidential projects. The landscape plans shall be prepared by a landscape design professional.
(Prior code § 16-335.030)

§ 16.56.040 Landscape standards.

Landscaping shall be designed, installed, and maintained as follows:
A. 
General Design Standards. The following features shall be incorporated into the design of landscaped areas.
1. 
Landscaping shall be planned as an integral part of the overall project design and not simply located in excess space after parking areas and structures have been planned.
2. 
Landscaped areas shall be provided with an automatic irrigation system(s).
3. 
Landscaping may include lawn, groundcover, trees, shrubs, and other live plant materials. Landscaping may also include small amounts of accessory decorative outdoor landscape elements (e.g., ponds, fountains, sculpture, and paved or decorated surfaces) excluding driveways, parking, and storage areas.
4. 
Front yard setbacks and side yard setbacks abutting a street shall be landscaped and maintained. A minimum of 50 percent of the area required to be landscaped shall consist of live plants and/or grass. Driveways shall comply with Section 1664.090(A) (Parking in residential zoning districts—Front and street side setback areas).
5. 
Sidewalks providing pedestrian access shall be considered in the design of all landscaped areas, including the need to locate plants so as not to interfere with the ability of pedestrians to have an adequate view of paths and surrounding areas to ensure their safety.
6. 
Landscape planting shall be provided within adjacent public street rights-of-way, in compliance with Chapter 16.72 (Public Improvements).
7. 
Landscaping over 30 inches in height shall not be allowed within a traffic sight area formed by the intersection of public rights-of-way, parking lot entrances and exits, pedestrian rights-of-way, driveways, or alleys as determined by the City Engineer in compliance with Section 16.36.140 (Traffic sight area).
B. 
Plant Materials. Plant materials shall be selected and installed to comply with the following requirements:
1. 
A mix of plant materials should be provided.
2. 
Trees and shrubs shall be planted so that at maturity they do not interfere with service lines and traffic sight areas.
3. 
Trees and shrubs shall be planted and maintained in a manner that protects the basic rights of adjacent property owners, particularly the right to solar access.
4. 
Trees planted near public sidewalks or curbs shall be of a species and installed in a manner that prevents physical damage to sidewalks, curbs, gutters and other public improvements.
5. 
The selection of plant materials shall include both evergreen and deciduous trees, shrubs and attractive erosion preventing ground cover. Seventy-five percent of the plants selected in non-turf areas shall be well suited to the climate of the region and require minimal water once established in the landscape. Plants that require similar water needs should be grouped together and shall be irrigated separately. Attention shall be given to appearance, height, spread, growth rate, moisture requirements, potential root damage, disease, pest susceptibility, climate adaptability, soil type slope, function, and decreased maintenance.
6. 
A minimum of three inches of mulch shall be added in non-turf areas to the soil surface after planting. Plant types that are intolerant to mulch shall be excluded from this requirement.
C. 
Compliance with State Model Water Efficient Landscape Ordinance. For any new building permit, new landscaping installed shall be done so in compliance with the current version of the Water Efficient Landscape Ordinance, as adopted by the City Council at the time of building permit issuance.
(Prior code § 16-335.040; Ord. 011-11 C.S. § 1, eff. 10-27-11)

§ 16.56.050 Water waste prohibited.

A. 
Landscape areas shall be maintained to ensure water efficiency, avoid runoff, and promote conservation in compliance with Chapters 13.28 and 13.32 of the Municipal Code. Suggested means: checking, adjusting and repairing irrigation equipment; resetting automatic controllers; aerating and detaching turf areas; adding or replenishing mulch, fertilizer and soil amendments; and pruning and weeding all landscaped areas.
B. 
Water waste resulting from inefficient landscape irrigation leading to excessive runoff, low head drainage, overspray, and other similar conditions where water flows onto adjacent property, nonirrigated areas, sidewalks, roadways, or structures shall be prohibited. Recirculating water shall be used for fountains and water features.
(Prior code § 16-335.050)

§ 16.56.060 Maintenance required.

Landscape areas shall be maintained in a healthful and sound condition at all times in compliance with Chapter 8.36 (Minimum Property Maintenance Standards) of the Municipal Code.
(Prior code § 16-335.060)

§ 16.56.070 Public education.

Developers shall provide the following:
A. 
Information to prospective buyers or tenants regarding water-efficient landscaping techniques. A sample of the information to be provided shall be submitted to the Director (of the Community Development Department) for approval before issuance of a building permit.
B. 
A sample water-efficient landscaped garden at a model home for residential subdivisions of 100 acres or more.
(Prior code § 16-335.070)

§ 16.60.010 Purpose.

The purpose of this chapter is to:
A. 
Establish standards to protect the health, safety, and welfare of those living and working in the City;
B. 
Implement goals and policies of the General Plan Noise Element;
C. 
Facilitate compliance with the State Noise Insulation Standards (California Code of Regulations, Title 24) and the California Building Standards Code;
D. 
Provide community noise control regulations and standards which are consistent with, or exceed, the guidelines of the State Office of Noise Control and the standards adopted by the Federal Highway Administration (FHWA), California Department of Transportation (Caltrans), or other government or regulatory agencies; and
E. 
Consolidate and/or reference all applicable City noise regulations.
(Prior code § 16-340.010; Ord. 2020-12-01-1502 C.S. § 18)

§ 16.60.020 Activities exempt from noise regulations.

The following activities shall be exempt from the provisions of this chapter:
A. 
Emergency Exemption. The emission of sound for the purpose of alerting persons to the existence of an emergency, or the emission of sound in the performance of emergency work.
B. 
Warning Device. Warning devices necessary for the protection of public safety, (e.g., police, fire and ambulance sirens, properly operating home and car burglar alarms, and train horns).
C. 
Outdoor Play/School Ground Activities. Activities conducted on parks and playgrounds and school grounds, between 7:00 a.m. and 10:00 p.m., except for additional hours that may be granted by the City Manager. Otherwise, outdoor activities shall meet standards in Table 3-7.
D. 
Railroad Activities. The operation of locomotives, rail cars, and facilities by a railroad that is regulated by the State Public Utilities Commission.
E. 
State or Federal Pre-Exempted Activities. Any activity, to the extent the regulation of it has been preempted by State or Federal law.
F. 
Public Health and Safety Activities. All transportation, flood control, and utility company maintenance and construction operations at any time on public rights-of-way, and those situations that may occur on private property deemed necessary to serve the best interest of the public and to protect the public's health and well being, including, debris and limb removal, removal of damaged poles and vehicles, removal of downed wires, repairing traffic signals, repair of water hydrants and mains, gas lines, oil lines, and sewers, restoring electrical service, street sweeping, unplugging sewers, vacuuming catch basins, etc. The regular testing of motorized equipment and pumps shall not be exempt.
G. 
Maintenance of Residential Real Property. Noise sources associated with the minor maintenance of residential real property, provided the activities take place between the hours of 7:00 a.m. and 10:00 p.m.
H. 
Stationary Emergency Generators. Sound resulting from the operation of any stationary emergency generator in any zoning district shall be considered restoration of electrical service and are exempt from the sound rating values set forth in Section 16.60.040, Table 3-7 (Maximum Allowable Noise Exposure for Noise-Sensitive Land Uses) but subject to the standards in this section. This exemption only applies when generators are operated during an emergency situation as defined herein.
1. 
Definitions.
a. 
Stationary emergency generator is defined as any stationary or nonportable internal combustion engine located in any zoning district that serves solely as a secondary source of mechanical or electrical power when the primary source is disrupted or discontinued during a period of emergency due to a situation beyond the control of the owner. A stationary emergency generator that serves as an energy or power source in circumstances other than emergency situations or for standard testing, such as load shedding or peak shaving, shall not be considered a stationary emergency generator.
b. 
Emergency situation is defined as loss of primary power due to power outage, on site disaster, area-wide natural disaster, or circumstances beyond the control of the owner/operator. An emergency situation shall not include power interruptions pursuant to an interruptible power service agreement, engine testing or scheduled maintenance.
2. 
Standards.
a. 
A stationary emergency generator shall be located in conformance with Table 3-13.
b. 
A stationary emergency generator shall operate only during emergency situations or for standard performance testing procedures as required by law or by the engine manufacturer.
c. 
All stationary emergency generators shall be enclosed in a sound absorbing encasement and in no event shall the sound rating value of generators in any district exceed 76 Lmax dBA at 23 feet.
d. 
Stationary emergency generators may be operated for testing purposes one time for a period not to exceed 30 minutes in any seven day period. Testing of stationary emergency generators is permitted between the hours of 7:00 a.m. through 10:00 p.m. Monday through Saturday.
(Prior code § 16-340.030; Ord. 2020-06-09-1501 C.S. § 15)

§ 16.60.030 Activities deemed violations of this chapter.

The following acts are a violation of this chapter and are therefore prohibited.
A. 
Construction Noise. Operating or causing the operation of tools or equipment on private property used in alteration, construction, demolition, drilling, or repair work between the hours of 10:00 p.m. and 7:00 a.m., so that the sound creates a noise disturbance across a residential property line, except for emergency work of public service utilities.
B. 
Loading and Unloading Operations. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects on private property between the hours of 10:00 p.m. and 7:00 a.m. in a manner to cause a noise disturbance.
C. 
Public Nuisance Noise. Public nuisance noise is noise that is generally not associated with a particular land use but creates a nuisance situation by reason of its being disturbing, excessive, or offensive. Examples would include excessively loud noise from alarms, animals, horns, musical instruments, stereos, tape players, televisions, vehicle or motorboat repairs and testing, and similar noise as required by Chapter 8.20 and Sections 9.40.040 and 9.40.050 of the Municipal Code.
D. 
Stationary Nonemergency Signaling Devices. Sounding or allowing the sounding of an electronically amplified signal from a stationary bell, chime, siren, whistle, or similar device intended primarily for nonemergency purposes, from private property for more than 10 consecutive seconds in any hourly period as required by Section 8.20.030(B) of the Municipal Code.
E. 
Refuse Collection Vehicles.
1. 
Operating or allowing the operation of the compacting mechanism of any motor vehicle that compacts refuse and that creates, during the compacting cycle, a sound level in excess of 85 dBA when measured at 50 feet from any point of the vehicle.
2. 
Collecting refuse, or operating or allowing the operation of the compacting mechanism of any motor vehicle that compacts refuse in a residential zoning district between the hours of 5:00 p.m. and 5:00 a.m. the following day.
F. 
Sweepers and Associated Equipment. Operating or allowing the operation of sweepers or associated sweeping equipment (e.g., blowers) on private property between the hours of 10:00 p.m. and 7:00 a.m. the following day in, or adjacent to, a residential zoning district.
G. 
Vehicle or Motorboat Repairs and Testing. Modifying, rebuilding, repairing, or testing any motor vehicle, motorcycle, or motorboat in a manner as to cause a noise disturbance across the property line of a noise-sensitive use greater than the noise level standards in Table 3-7, below.
(Prior code § 16-340.030)

§ 16.60.040 Standards.

The following provisions shall apply to all uses and properties, as described below, and shall establish the City's standards concerning acceptable noise levels for both noise-sensitive land uses and for noise-generating land uses and transportation-related sources:
A. 
Standards For Proposed Noise-Sensitive Land Uses on Noise-Impacted Sites (Except Infill Areas). Excluding proposed noise-sensitive land uses on infill sites, which shall comply with subsection C of this section:
1. 
Existing Transportation-Related Noise Sources. Proposed noise sensitive land uses that will be impacted by existing or projected transportation noise sources shall be required to mitigate the noise levels from these transportation noise sources so that the resulting noise levels on the proposed noise-sensitive land use(s) do not exceed the standards in Table 3-7, Part I.
2. 
Existing Land Use-Related Noise Sources. Proposed noise sensitive land uses that will be impacted by existing land use-related noise sources shall be required to mitigate the noise levels from those noise sources so that the resulting noise levels on the proposed noise-sensitive land use(s) do not exceed the standards in Table 3-7, Part II.
B. 
Standards for Proposed Noise-Generating Land Uses and Transportation-Related Sources. Excluding noise-generating projects on infill sites, which shall comply with subsection C of this section, the following shall apply:
1. 
Transportation-Related Noise Sources (Except Infill Sites). Transportation-related projects that include the development of new transportation facilities or the expansion of existing transportation facilities shall be required to mitigate their noise levels so that the resulting noise:
a. 
Does not adversely impact noise-sensitive land uses; and
b. 
Does not exceed the standards in Table 3-7, Part I.
Noise levels shall be measured at the property line of the nearest site, which is occupied by, and/or zoned or designated to allow the development of, noise-sensitive land uses.
TABLE 3-7
MAXIMUM ALLOWABLE NOISE EXPOSURE FOR NOISE-SENSITIVE LAND USES
PART I: Transportation-Related Noise Standards
Noise-Sensitive Land Use Type
Maximum Allowable Noise Exposure (LdndB)
Outdoor Activity Areas
Indoor Spaces
Residential (all types)
65
45
Child care
45
Educational facilities
45
Libraries and museums
45
Live-work facilities
65
45
Lodging
65
45
Medical services
45
Multi-use (with residential)
65
45
PART II: Land Use-Related Noise Standard
Noise Level Descriptor
Outdoor Activity Areas
Day (7:00 a.m. to 10:00 p.m.)
Night (10:00 p.m. to 7:00 a.m.)
Hourly equivalent sound level (Leq), dB
55
45
Maximum sound level (Lmax), dB
75
65
Notes:
(1)
The noise standard shall be applied at the property line of the receiving land use. When determining the effectiveness of noise mitigation measures, the standards shall be applied on the receiving side of noise barriers or other property line noise mitigation measures.
(2)
Each of the noise level standards specified shall be decreased by five for impulse noise, simple tone noise, or noise consisting primarily of speech or music.
2. 
Commercial, Industrial, and Other Land Use-Related Noise Sources (Except Infill Sites).
a. 
New and Expanded Noise Sources. Land use-related projects that will create new noise sources or expand existing noise sources shall be required to mitigate their noise levels so that the resulting noise:
i. 
Does not adversely impact noise-sensitive land uses; and
ii. 
Does not exceed the standards specified in Table 3-7, Part II.
Noise levels shall be measured at the property line of the nearest site which is occupied by, zoned for, and/or designated on the City's General Plan Diagram to allow the development of, noise-sensitive land uses.
b. 
Maximum Sound Level.
i. 
Commercial.
(A) 
The maximum sound level (Lmax) produced by commercial land uses or by other permitted noise-generating activities on any retail commercial zoning district (i.e., CO, CN, CG, CD, CL, or CA districts) shall not exceed 75 dB; and
(B) 
The hourly equivalent sound level (Leq) from these land uses shall not exceed 65 dB during daytime or nighttime hours as measured at the property line of any other adjoining retail commercial zoning district (CO, CN, CG, CD, CL, or CA districts).
ii. 
Industrial.
(A) 
The maximum sound level (Lmax) produced by industrial land uses or by other permitted noise-generating activities on any industrial (IL, IG, or PT) or public facilities (PF) zoning district shall not exceed 80 dB; and
(B) 
The hourly equivalent sound level (Leq) from these land uses shall not exceed 70 dB during daytime or nighttime hours as measured at the property line of any other adjoining IL, IG, PT, or PF district.
(C) 
Where industrial or public facilities uses abut a retail commercial use or zone, the maximum noise levels shall not exceed the above-listed standards for commercial uses and zones (i.e., Lmax = 75 dB and Leq = 65 dB).
c. 
Adjacent to Other Uses. If commercial, industrial, or public facilities land uses are adjacent to any noise-sensitive land uses or vacant residential (RE, RL, RM, or RH) or open space (OS) zoning districts, these uses shall comply with the performance standards contained in Table 3-7, Part II.
C. 
Standards for Infill Sites.
1. 
Noise-Sensitive Land Uses on Noise-Impacted Infill Sites. Noise-sensitive land uses which are approved for development or expansion on noise-impacted infill sites shall only be required to mitigate the existing and projected noise levels from those sources so that the resulting noise levels within the interior of the noise-sensitive land uses do not exceed the indoor space standards in Table 3-7, Part II.
2. 
Noise-Generating Land Uses Impacting Noise-Sensitive Infill Sites. Noise generating land uses and transportation-related projects, which are approved for development or expansion in the vicinity of existing noise-sensitive infill sites, shall be required to mitigate:
a. 
Exterior noise levels (measured at the property line nearest the noise source) so that the ambient noise levels at the time of development and the maximum exterior noise standards for commercially and industrially-zoned properties are not exceeded; and
b. 
Interior noise levels (measured at least four feet from the interior side of the wall nearest the noise source) so that the resulting noise levels within the interior of any impacted noise-sensitive land uses do not exceed the interior space standards in Table 3-7.
(Prior code § 16-340.040; Ord. 023-07 C.S. § 41)

§ 16.60.050 Acoustical study.

The Director or other Review Authority, as applicable, shall require the preparation of an acoustical study in instances where it has been determined that a project may expose existing or proposed noise-sensitive land uses to noise levels exceeding the noise standards specified above and in Table 3-7. This determination shall be based on the existing and future 65 dB Ldn transportation-related noise contours contained in the noise section of the City's General Plan Background Document, the proximity of new noise-sensitive land uses to known noise sources, and/or the knowledge that a potential for adverse noise impacts exists (e.g., as determined in an environmental document prepared in compliance with the California Environmental Quality Act). The study shall be paid for by the project applicant and shall be prepared by a qualified acoustical consultant, as determined by, and under the supervision of, the applicable City Review Authority. At a minimum, the acoustical study shall include the following:
A. 
Project and Site Description. A general description of the project's physical and operational characteristics and of the site's location, physical features, and land use setting (including appropriately scaled maps);
B. 
Identification of Noise Sources. Identification of the noise sources from the project and from the area surrounding the site;
C. 
Description of Noise Assessment Methodology. A description of the methodology that will be used to assess noise impacts, including a listing of all assumptions and data used in any computer models:
1. 
Computer models that will be used for noise predictions shall be standard versions approved by the Federal Highway Administration (FHWA), Federal Aviation Administration (FAA), California Department of Transportation (CalTrans), or other government agencies;
2. 
For traffic noise studies, the computer models, SOUND32 or other proprietary models based on the 1978 "FHWA Highway Traffic Noise Prediction Model (FHWA-RD-77-108)," as amended, shall be used. The FHWA's new "Traffic Noise Model" (TNM) shall be used after its phase-in period. For aircraft noise studies, the latest version of the FAA's "Integrated Noise Model" (INM) shall be used;
3. 
If standard government approved models do not exist (e.g., railroad and industrial noise sources), a description of the model shall be provided;
D. 
Existing and Projected Noise Levels. A description of existing and future (20 years minimum) noise levels together with a comparison of these noise levels to the noise level standards specified above and in Table 3-7;
E. 
Impacts of or Impacts on the Project. Discussion of the noise impacts generated by the project and/or the impacts of existing and future noise levels on the project, including anticipated quantifiable changes in the noise environment, shall be presented; and
F. 
Noise Attenuation/Mitigation Measures. Recommended noise attenuation/mitigation measures to achieve compliance with the standards specified above and in Table 3-7 (e.g., noise barriers/walls, site design, setbacks, enclosure of noise-generating uses and equipment, equipment modification and muffling, structure soundproofing), or a detailed explanation stating why mitigation is infeasible.
(Prior code § 16-340.050; Ord. 023-07 C.S. § 42)

§ 16.60.060 Evaluation of proposed projects.

Applicants for projects requiring discretionary approval shall be required by the Review Authority to submit evidence to determine whether the proposed project complies or will comply with the provisions of this chapter. Failure to submit the requested information within a specified time period may render the application incomplete.
A. 
Information. Required information may include the following:
1. 
Construction Plans. Plans of construction and development;
2. 
Production Plans. A description of the machinery, processes, or products to be used or produced on the premises;
3. 
Operational Characteristics. A description of the project's operational characteristics (e.g., hours of operation, work shifts, number of truck, rail, or other deliveries, etc.);
4. 
Noise Emission Levels. Estimation of the expected noise levels produced by the proposed project; and
5. 
Noise Emission Mitigation. Description of the methods to be used in restricting the emission of noise from the premises.
B. 
Noise Thresholds of Significance. The threshold for determining the potential significance of a noise impact under CEQA shall be:
1. 
An incremental increase of three dB Ldn or greater to exterior or interior noise levels; or
2. 
Any exceedence of existing maximum noise standards, which may constitute a significant cumulative noise impact.
(Prior code § 16-340.060)

§ 16.60.070 Noise attenuation/mitigation measures.

If the existing noise levels affecting a project are greater than those allowed, the developer shall mitigate the noise as follows:
A. 
Infill Projects. For infill projects, site planning and construction techniques shall be used to reduce sound levels to allowed maximum interior sound levels or below. Examples of noise reducing techniques include orienting building openings away from the noise source, appropriate subdivision design for noise avoidance, landscape setbacks and berms, use of acoustical barriers and walls, enclosure of noise-generating uses and equipment, and use of appropriate building construction technology and materials to reduce interior noise levels.
B. 
Other Projects. For other projects, a noise attenuation barrier shall be constructed and/or noise attenuation measures described above shall be applied to the structures, as applicable, to bring sound levels down to allowed maximum interior and exterior sound levels or below.
(Prior code § 16-340.070)

§ 16.60.080 Enforcement of regulations.

A Code Enforcement Officer or Police Officer, as applicable, shall have responsibility for the enforcement of the noise regulations identified in this chapter in compliance with Chapter 16.224 (Enforcement). Unless otherwise specified, the Code Enforcement Officer shall make all noise-level measurements required for the enforcement of this chapter.
(Prior code § 16-340.080)

§ 16.64.010 Purpose.

The purpose of this chapter is to provide off-street parking and loading standards to:
A. 
Provide for the general welfare and convenience of persons within the City by ensuring sufficient parking facilities to meet the needs generated by specific uses;
B. 
Provide accessible, attractive, secure, and well-maintained off-street parking and loading facilities;
C. 
Increase public safety by reducing congestion on public streets;
D. 
Ensure access and maneuverability for emergency vehicles; and
E. 
Provide loading and delivery facilities in proportion to the needs of allowed uses.
(Prior code § 6-345.010)

§ 16.64.020 Applicability.

Every use, including a change or expansion of a use or structure, except as otherwise provided for in Chapter 16.228 (Nonconforming Uses, Structures, and Parcels), shall have appropriately maintained off-street parking and loading areas in compliance with the provisions of this chapter. A use shall not be commenced and structures shall not be occupied until improvements required by this chapter are satisfactorily completed.
(Prior code § 6-345.020)

§ 16.64.030 General parking regulations.

A. 
Parking and Loading Spaces to Be Permanent. Required parking and loading spaces shall be permanently available; off-site parking shall require a permanent covenant in compliance with Section 16.64.080(B)(4) (Location). The spaces shall be marked (except for single-family dwellings, duplexes, and triplexes) and maintained for parking or loading purposes for the use they are intended to serve. The Director may approve the temporary reduction of parking or loading spaces in conjunction with a seasonal or intermittent use for a period of not more than 30 days. Longer periods may be allowed with the approval of a temporary activity permit (Chapter 16.164).
B. 
Parking and Loading to Be Unrestricted. During business hours, parking and loading facilities required by this chapter shall be available to the general public without charge, except for colleges and universities. Required parking for residential uses shall be continuously available without charge to the residents and their guests. A fee for parking may only be charged for spaces that exceed the requirements of this chapter.
C. 
Maintenance. Parking spaces, driveways, maneuvering aisles, turnaround areas, and landscaping areas shall be kept free of dust, graffiti, and litter and shall be maintained to prevent the tracking of dirt, mud and/or gravel into the right-of-way. Striping, paving, walls, light standards, and all other facilities shall be permanently maintained and meet the requirements of Section 8.36.010 of the Municipal Code.
D. 
Surfacing. Parking spaces, driveways, maneuvering aisles and turnaround areas shall be paved with a permanent surface, consisting of concrete, asphalt or other similar material authorized by the City's Standard Specifications. Compacted soil and/or gravel shall not be considered an acceptable surface.
E. 
Vehicles for Sale. Vehicles, trailers, or other personal property shall not be parked upon a private street, parking lot, or private property for the primary purpose of displaying the vehicle, trailer, or other personal property for sale, hire, or rental, unless the property is appropriately zoned, and the vendor is licensed to transact a vehicle sales business at that location. Vehicles shall not be parked on public streets for the purpose of sale, hire, or rental, except for buses and taxis in compliance with Title 10 of the Municipal Code.
F. 
Fire Lanes. Parking is prohibited in marked fire lanes designated by the Fire Marshal in compliance with Section 10.04.1090 of the Municipal Code.
G. 
Official Parking Areas. The City Manager may designate official parking areas that are not available for public use in compliance with Section 10.04.1050 of the Municipal Code.
H. 
Commercial Parking Lots. Tractor-trailers, either with or without a trailer, shall be prohibited from parking overnight on residentially used property, and shall not be parked on commercially used property for more than 72 hours.
I. 
Electric Vehicle Charging Stations. Electric vehicle charging stations are permitted in all required and non-required off-street parking spaces. A parking space served by electric vehicle supply equipment or a parking space designated as a future electric vehicle charging space shall count as at least two standard automobile parking spaces for the purpose of complying with Chapter 16.64, up to a maximum reduction of 10 percent of the total required parking. An accessible parking space with an access aisle served by electric vehicle supply equipment or an accessible parking space with an aisle designated as a future electric vehicle charging space shall count as at least two standard automobile parking spaces for the purpose of complying with Chapter 16.64.
(Prior code § 6-345.030; Ord. 023-07 C.S. § 43; Ord. 001-08 C.S. §§ 7, 9; Ord. 015-09 C.S., eff. 12-3-09; Ord. 011-11 C.S. § 1, eff. 10-27-11; Ord. 2016-09-27-1601 § II; Ord. 2020-06-09-1501 C.S. § 16; Ord. 2020-12-01-1502 C.S. § 19)

§ 16.64.040 Number of parking spaces required.

Each land use shall provide at least the minimum number of off-street parking spaces, including disabled access spaces, except where a parking reduction has been granted in compliance with Section 16.64.050 (Adjustments to off-street parking requirements). Additional spaces may be required through approval of a discretionary permit.
A. 
Expansion/Remodeling of Structure, or Change in Use.
1. 
When the use of a structure changes to a use that requires the same number of parking spaces as the immediately previous use:
a. 
The number of required parking spaces for the new use shall be the same as the requirement for the previous use, regardless of the number of spaces actually provided by the previous use, provided that:
i. 
The previous use was legally established; and
ii. 
No spaces were eliminated by the previous use.
b. 
Uses that were located in zones which did not allow the overnight parking of vehicles before the adoption of this Development Code, may have company-owned vehicles parked on their premises, provided the parking is in compliance with subsection G of this section (Company-owned vehicles).
2. 
When a structure is enlarged or increased in capacity, or when a use is changed to one that requires more off-street parking than the existing or previous use:
a. 
Only the number of parking spaces required for the addition needs to be provided; or
b. 
The difference in the required number of parking spaces for the new use and the existing use only needs to be provided.
3. 
When a structure (or a portion of a structure) is intentionally demolished, any new use or structure shall provide the number of parking spaces required by this chapter.
4. 
Additional parking spaces shall not be required for an addition to a structure made solely for the purpose of increasing access for disabled persons.
B. 
Residential Uses. Residential uses shall provide parking in compliance with Table 3-9 (Parking Requirements by Land Use).
1. 
Conversion of a garage for a single-unit residence is permitted in accordance with Section 16.80.310 (Accessory dwelling units).
2. 
A single-unit use that does not conform to the provision of this chapter shall be brought into compliance at the time additions or alterations to the primary structure are made that cumulatively increase the existing floor area (habitable space) by more than 50 percent, unless waived under Section 16.64.050(B) (Reduction or waiver of parking requirements).
3. 
Enclosed tandem parking spaces may be permitted to meet the parking requirements in Table 3-9 (Parking Requirements by Land Use) in those cases in which:
a. 
The configuration of an existing site would not allow a two car garage, as determined by the director; or
b. 
A proposed development would be located on a lot that is less than 5,000 square feet and has a frontage of less than 50 feet.
4. 
Required garages shall have an unrestricted interior of at least:
a. 
Two car garages: 18 feet by 19 feet;
b. 
Single-car garages: Nine feet by 19 feet; or
c. 
Tandem parking garages: Nine feet by 36 feet.
5. 
Parking spaces required in compliance with Table 3-9 (Parking Requirements by Land Use) that are not required to be covered or enclosed shall be located:
a. 
Outside the required setback area; and
b. 
So as to not interfere with the ingress and egress from the other required parking spaces.
C. 
Freeway-Oriented Uses. Uses that are intended to serve the motoring public (e.g., lodging facilities, service stations, truck stops, mini-marts, restaurants, and similar freeway-oriented uses) that are located within 500 feet of the freeway right-of-way and 500 feet from the right-of-way of the road intersecting the freeway shall provide designated spaces for the parking of commercial trucks with trailers, large recreational vehicles, and vehicles pulling trailers.
1. 
General Requirements.
a. 
Circulation. A percentage of parking spaces for large vehicles in compliance with Table 3-8 (Parking Requirements for Freeway-Oriented Use) shall be designed to be pull-through so that vehicles exit the space in a forward direction. On-premises circulation shall provide for exiting of the site to the public right-of-way in a forward direction.
b. 
Modification of Requirements. The Director shall have the authority to modify these requirements for uses and locations that do not require the parking of large vehicles and vehicles pulling trailers.
2. 
Specific Requirements.
a. 
Parking for large vehicles, recreational vehicles, and vehicles pulling trailers shall provide parking for each identified freeway use as required in Table 3-8 (Parking Requirements for Freeway-Oriented Uses).
TABLE 3-8
PARKING REQUIREMENTS FOR FREEWAY-ORIENTED USES
Type of Requirement
Truck Stops
Other
Percentage of pull-through spaces required
80%
5%
Dimensions
10 ft. x 80 ft.
10 ft. x 60 ft.
b. 
These spaces shall be clearly marked for "recreational vehicles, large vehicles, or vehicles with trailers only."
c. 
A clearing height of 12 to 14 feet shall be provided.
D. 
Uses Not Listed. The parking requirement for any use not listed in Table 3-9 shall be determined by the Director based upon the requirements for the most similar comparable use, the particular characteristics of the proposed use, and any other relevant data regarding parking demand.
E. 
Rounding of Quantities. When calculating the number of parking spaces required, space requirements greater than one-half shall be rounded up to the nearest whole number and requirements of less than one-half shall be eliminated.
F. 
Fixed Seating. Where fixed seating is provided in the form of benches or bleachers, a seat shall be defined as 24 inches of continuous bench space for the purpose of calculating the number of required parking spaces.
G. 
Company-Owned Vehicles. The number of parking spaces required by this chapter does not include spaces needed for the parking of company-owned vehicles. Parking spaces to accommodate company-owned vehicles shall be provided in excess of the requirements for a particular land use.
H. 
PT (Port) Zoning District. Parking shall be in compliance with the PT (Port) zoning district in compliance with Section 16.24.150 (PT (Port) zoning district standards) or the Rough and Ready Island Development Plan for the Port of Stockton, California (Development Plan) as applicable.
I. 
Parking Requirements by Land Use. Each land use shall be provided the minimum number of parking spaces required by Table 3-9. Additional spaces may be required through discretionary permits.
TABLE 3-9
PARKING REQUIREMENTS BY LAND USE
AGRICULTURAL AND RESOURCE-RELATED USES
Uses
Number of Spaces Required
Gross Floor Area Space(s)/sq. ft.
Other/Additional Spaces
Agricultural activities and facilities
None
Cannabis cultivator operator
1/2,000
1/2,000 for storage, employee break rooms, equipment rooms, offices, and circulation corridors
Conservation area
Per land development permit
Mining
Per use permit
BUSINESS AND PROFESSIONAL USES
Uses
Number of Spaces Required
Gross Floor Area Space(s)/sq. ft.
Other/Additional Spaces
The following business uses listed on Table 2-2:
Banks and financial services
Business support services
Offices
1st 50,000 sq. ft.—1/200
———
Portion over 50,000 sq. ft.—1/500
———
INDUSTRIAL USES
Uses
Number of Spaces Required
Gross Floor Area Space(s)/sq. ft.
Other/Additional Spaces
The following uses listed under "Industrial Uses" on Table 2-2, except for the following:
Up to 50,000 sq. ft. of floor area—1/500
Offices/sales over 5,000 sq. ft.—1/250 sq. ft.
50,001 to 100,000 sq. ft.—100 spaces plus 1/1,000 for area over 50,000 sq. ft.
100,001 to 500,000 sq. ft.— 150 spaces plus 1/2,000 for area over 100,000 sq. ft.
Cannabis distributor operator
1/2,000
Offices over 5,000 sq. ft. – 1/250
Cannabis manufacturer (volatile and non-volatile)
1/2,000
Offices over 5,000 sq. ft. – 1/250
Cannabis microbusiness (by subtype)
*1/2,000 for storage, employee break rooms, equipment rooms, offices, circulation corridors, cultivation and manufacturing areas
RDC
1/250″
RDM
1/250″
RCM
1/250″
DCM
1/2,000*
Cannabis testing laboratory
1/1,000
Offices over 5,000 sq. ft. – 1/250
Laundries and dry cleaning plants
1/1,000
Offices/sales over 5,000 sq. ft.—1/250 sq. ft.
Research and development (R&D)
1/500
Offices/sales over 5,000 sq. ft.—1/250 sq. ft.
Contractor shops and yards
———
2/facility + 1/250 sq. ft. of office
Warehouses
1st 500,000 sq. ft. of floor area—1/2,000
Offices/sales over 5,000 sq. ft.—1/250 sq. ft.
Portion over 500,000— 1/4,000
Wholesaling and distribution
1st 500,000 sq. ft. of floor area—1/2,000
Offices/sales over 5,000 sq. ft.—1/250 sq. ft.
Portion over 500,000— 1/4,000
RECREATION, EDUCATION, AND PUBLIC ASSEMBLY USES
Uses
Number of Spaces Required
Gross Floor Area Space(s)/sq. ft.
Fixed Seats
(24″ = 1 seat)
Other/Additional Spaces
All uses listed under "Public and Semi-Public, Recreational, and Institutional Uses" on Table 2-2, except for the following or otherwise listed in this table:
1/50
OR 1/4
———
Auditoriums, meeting halls, and theaters
Cinemas
———
1/4
4/screen
Bridge clubs and non-gambling board games
———
———
4/table
Card rooms/poolhalls/billiard parlors
Card rooms
———
———
4/table
Poolhalls
———
———
2/table
Commercial amusement facilities
1/250
———
Dancehalls—Dance floor areas
1/50
———
Educational facilities
Colleges and universities
———
———
1/classroom + 0.75 per each student in the largest shift on site at one time
Public and private elementary and secondary schools
———
———
2/classroom
Public and private high schools
———
———
2/classroom + 1/6 per each student in the largest shift on site at one time
Equipment repair and maintenance training; vehicle repair and maintenance training
———
———
2/classroom + 1 per each student in the largest shift on site at one time
Specialized education and training; vocational and technical schools
———
———
2/classroom + 1 per each student in the largest shift on site at one time
Equestrian facilities
———
———
1/5 horses
Golf courses/country clubs
———
———
6/hole + 1 per clubhouse/ ancillary over 3,000 sq. ft.
Golf driving ranges
———
———
1/tee
Indoor recreation facilities
Bowling alleys
———
———
4/lane + ancillary
Skating
1/100 of rink area
———
Tennis/racquet ball/handball or other courts
———
———
3/court + ancillary
Libraries and museums
1/500
———
Marinas
———
———
1/2 berths + ancillary
Dry storage
———
———
0.75/boat space
Outdoor assembly facility
Per use permit
Outdoor commercial recreation facilities
———
———
Per use permit
Parks and playgrounds
———
———
Per director
Recreational vehicle parks
———
———
2 for manager + 4 for employee/guests
Studios
1/250
———
RESIDENTIAL
Uses
Number of Spaces Required
Space(s)/Unit or other criteria
Guest Parking
Caretaker and employee housing
1 covered/unit
———
Duplexes
1 covered/unit, except in the Downtown Core, ½/unit
———
Cottage Court
1/unit
———
Mobilehome parks
1/mobilehome
1/4 units
Multi-unit dwellings
1/unit
1/4 units
Greater Downtown
½/unit
———
Downtown Core1
½/unit
———
Affordable housing
½/unit
1/8 units
Organizational houses
1/3 occupants
1/6 occupants
Residential care facilities
All, except care homes (6 or fewer)
1/5 beds
1/10 beds
Family Care Homes, 7 or more
2/house in enclosed garage
1/10 beds
Rooming and boarding houses
1/3 occupants
———
Senior residential projects
½/2 units
1/10 units
Single-unit dwellings
2/house in enclosed garage
———
Townhouses
1 covered/unit, except in the Downtown Core, ½/unit
———
Triplexes
1/unit, except in the Downtown Core, ½/unit
———
Fourplexes
1/unit, except in the Downtown Core, ½/unit
———
RETAIL TRADE
Uses
Number of Spaces Required
Gross Floor Area Space(s)/sq. ft.
Other/Additional Spaces
All uses listed under "Commercial, Business, and Service Uses" on Table 2-2, except for the following or otherwise listed in this table:
1/250
———
Alcoholic beverage sales
Bars and nightclubs with dancing or live entertainment
1/150
———
Auto and vehicle sales—New
1/2,000 sq. ft. of outdoor sales and storage area
Auto and vehicles sales—Used
1/2,000 sq. ft. of outdoor sales and storage area
Auto and vehicle leasing/rental
1/2,000 sq. ft. of outdoor sales rental and storage area
Convenience stores
1/150
———
Furniture, furnishings, and appliance stores
1st 5,000 sq. ft.—1/500
———
Over 5,000 sq. ft.—1/1,000
Nurseries and garden supply stores
1/250
1/2,000 sq. ft. outdoor sales and storage
Restaurants
Table service
1/200
———
Fast food/take out
1/100
———
With dancing or live entertainment
1/150
Shopping centers
Regional (400,000 sq. ft. or more)
1/200 up to 400,000 sq. ft. + 1/250 over 400,000
———
SERVICES
Uses
Number of Spaces Required
Gross Floor Area Space(s)/sq. ft.
Other/Additional Spaces
All uses listed under "Commercial, Business, and Service Uses" on Table 2-2, except for the following or otherwise listed in this table:
1st 50,000 sq. ft.—1/200
———
Over 50,000 sq. ft.—1/500
Adult day care facilities
1/500
2 spaces for drop off
Animal services
Kennels and boarding facilities
1/500
1/800 boarding area
Grooming
1/400
———
Training facilities
1/500
———
Auto/vehicle services
Car washes—Full service
———
3 spaces/wash lane; Separate parking for ancillary uses
Car washes—Self-service
———
1 space
Fueling stations
1/400
———
Inoperable vehicle storage
———
2/facility
Maintenance/minor repair
1/400
———
Major repair/body work
1/400
———
Parking facilities, public
———
None
Vehicle storage, other than marinas
1/200 of office
2/facility
Auto rental
1/400
1/rental space
Cannabis retailer – non-storefront (delivery only)
1/250
1/2,000 for storage, employee break rooms, equipment rooms, offices, and circulation corridors
Cannabis retailer – storefront
1/250
1/2,000 for storage, employee break rooms, equipment rooms, offices, and circulation corridors
Child care
Child day care centers
———
1/employee + drop-off space
Large family child care homes
———
Per Section 16.80.100
Small family child care homes
———
———
Equipment rental
1/250
———
Funeral services
Cemeteries
———
Per use permit
Mortuaries
1/50
OR 1/4 fixed seats
Crematorium
1/50
OR 1/4 fixed seats
Health/fitness facilities
1/250
Ancillary activities as otherwise designated
Lodging facilities
Bed and breakfast
———
1/room + 1 for manager
Extended-stay facilities
———
1/guest room + 4 + ancillary
Co-living (lodging facility)
———
1/2-space/guest room
Single room occupancy facilities (SRO)
———
1/2-space/guest room
Hotels and motels
———
1/guest room + 4 + ancillary
Medical services
Extended care
———
1/2-space/bed
Hospitals
———
2/bed
Personal services
Restricted
1/250
———
Unrestricted
1/250
———
Repair services
1/250
———
Social services facilities
———
Per use permit
Transitional housing
1/2 beds
Storage facilities
Personal storage facilities (mini-storage)
———
4 spaces
TRANSPORTATION, COMMUNICATION, AND UTILITY USES
Uses
Number of Spaces Required
Indoor Gross Floor Area Space(s)/sq. ft.
Other/Additional Spaces
Broadcasting studios
1/200 indoor space
———
Communication facilities
———
1 space
Transit stations and terminals
1/250 indoor space
Vehicle and freight terminals
1/250 indoor space
1/bay
OTHER USES
Uses
Number of Spaces Required
Gross Floor Area Space(s)/sq. ft.
Other/Additional Spaces
Live/work facilities
———
2 covered/unit + 1/unit for customer or guest
Major impact facilities
———
Per use permit
Motion picture production
1/500 indoor space
Ancillary use requirements
Multi-use facilities
———
Aggregate of requirements for specific uses in the multi-use
Public institutions
1/200
———
Public and semi-public utility facilities
———
1 space
Signs—Off-premises
———
———
Transient-Oriented Development
No minimum if within ¼ mile of station
Notes:
1
Exemptions for parcels within a parking assessment district per Section 16.64.060
(Prior code § 16-345.040; Ord. 023-07 C.S. §§ 44, 45; Ord. 001-08 C.S. § 8; Ord. 015-09 C.S., eff. 12-3-09; Ord. 011-11 C.S. § 1, eff. 10-27-11; Ord. 2019-03-05-1501 C.S. § 5; Ord. 2019-07-16-1504 C.S. § 5; Ord. 2020-12-01-1502 C.S. § 20; Ord. 2022-07-12-1601-02 C.S. § 19; Ord. 2025-06-03-1601, 6/3/2025)

§ 16.64.050 Adjustments to off-street parking requirements.

A. 
Joint Use of Parking Facilities. Where two or more adjacent nonresidential uses have distinct and differing peak parking usage periods, (e.g., a theater and a bank), a joint use of parking spaces that results in a reduction in the total number of required parking spaces may be approved by the Director, provided:
1. 
The most remote space is located within 500 feet of the use it is intended to serve or as approved by Director;
2. 
The amount of reduction may be no greater than the number of spaces required for the least intensive of the uses sharing the parking;
3. 
The applicant is responsible for providing sufficient data, including a parking study if required by the Director, to indicate that there is no conflict in the peak parking demand for the uses proposing to make joint use of the parking facilities; and
4. 
The property owners involved in the joint use of parking facilities shall record an agreement between the parties that is approved by the Director and whose form is approved by the City Attorney. This agreement shall be recorded with the County Recorder, and a copy shall be filed with the Director.
B. 
Reduction or Waiver of Parking Requirements. The Director or Commission may approve reductions or waivers to the number of required parking spaces for a particular use as provided below:
1. 
Existing Structures.
a. 
Director Approval. The Director may reduce or waive up to 20 percent of the parking requirements, or a minimum of one space, under the following conditions:
i. 
Change in Use. Parking requirements, increased by virtue of a change in use, may be waived or reduced by the Director when all of the following conditions are present:
(A) 
The structure was designed and intended for nonresidential use;
(B) 
The owner or developer substantiates that the provision of additional parking is unreasonable and economically unsound and the compliance with the provisions of this chapter would entail severe hardship; and
(C) 
The structure or structures were originally built before the effective date of the current parking requirements.
ii. 
Expansion of Structure Area. Parking requirements, increased by virtue of an expansion of structure area may be waived or reduced by the Director when all of the following conditions are present:
(A) 
No substantial change in use is involved;
(B) 
In the case of nonresidential land uses, the increase in floor area does not exceed 25 percent of the existing gross floor area;
(C) 
In the case of the expansion of an existing single-family residential structure, the increase in floor area does not exceed 50 percent of the existing gross floor area;
(D) 
The owner or developer substantiates that the provision of additional parking is unreasonable and economically unsound and that compliance with the provisions of this chapter would entail severe hardship; and
(E) 
The structure or structures were originally built before the effective date of the current parking requirements.
b. 
Commission Approval. The Commission may reduce or waive parking requirements in circumstances not delegated to the Director for approval in compliance with the following:
i. 
Hearing Required. A hearing shall be noticed and held in compliance with Chapter 16.88 (Review Procedures).
ii. 
Appeals. The applicant or other person dissatisfied with the decision of the Commission may appeal to the Council in compliance with Chapter 16.100 (Appeals).
2. 
New Construction. Any reduction to the parking required by this chapter shall require the approval of a variance in compliance with Chapter 16.172 (Variances).
C. 
Ministerial Parking Reductions. Ministerial ("by-right") parking reductions for all development requests (i.e., building permits, ministerial, and discretionary) and may be approved by the Director or designee according to the following options for reductions to the minimum parking requirement per Section 16.64.040 (Number of parking spaces required). These options can be used in various combinations; however, the total parking reductions shall not exceed 20 percent of required parking.
1. 
Reduction for Secure Bicycle Parking. Developments which provide additional secure bicycle parking facilities over and above the minimum requirement may reduce their parking requirement by one vehicle space for every five additional bicycle spaces provided. Maximum reduction: 5% of required parking.
2. 
Preferred Carpool/Vanpool Parking Spaces. Developments which guarantee preferred parking spaces (e.g., covered, shaded, or near building entrance) to employees or residents who participate regularly in a carpool or vanpool may reduce their parking requirement by one vehicle space for every one space which is marked and reserved for carpools/vanpools at a preferred location. Maximum reduction: 5% of required parking.
3. 
Electric Vehicle Charging Stations. For development that provides electric vehicle charging stations beyond the minimum requirements of the California Building Standards Code, a reduction in required parking is permitted. The electric vehicle charging space shall comply with all standards for parking areas pursuant to this chapter. Maximum reduction: two required parking spaces for each electric vehicle charging space provided.
4. 
Reduction for Parking Near Major Transit Stops (e.g., train stations or significant bus facilities). Parking requirements may be reduced for development within one-quarter mile of a major transit stop. Maximum reduction: 10 percent of required parking.
5. 
Small Lot-Infill Projects. For infill lots of 6,400 square feet or less. Maximum reduction: 10 percent of required parking.
6. 
Scooter and Motorcycle Parking. Five scooter or motorcycle spaces may be substituted for one on-site vehicle parking space. Maximum reduction: two spaces or 5% of the required parking spaces, whichever is greater.
7. 
Other. Additional reductions may be approved in accordance with Chapter 16.176 (Waiver).
D. 
Magnolia Historic District. Parking requirements for the Magnolia historic district shall be in compliance with Section 16.28.060 (Magnolia historic district overlay district).
E. 
Downtown Parking. Parking requirements for the Central parking district and Parking Improvement District No. 2001-1 shall be in compliance with Section 16.64.060 (Parking assessment districts).
F. 
Transit-Oriented Development. There is no minimum off-street parking requirement for uses within one-quarter mile from the Altamont Commuter Express (ACE) Robert J. Cabral Train Station or a proposed California High-Speed Rail station.
G. 
Variance. Other than changes to parking requirements provided for in this section, a variance in compliance with Chapter 16.172 (Variances) shall be required for any change to a parking requirement.
H. 
Nonconforming Uses and Structures. Parking requirements may be modified for nonconforming uses and structures in compliance with the following provisions:
1. 
Parking Standards. If the use of a structure that is nonconforming because it does not meet parking standards is changed, regardless of how long the structure may have been vacant, the structure may be occupied by any use allowed in the zoning district in which it is located, provided that it meets the requirements, provisions, and standards, other than parking, identified for the use, and the proposed use has:
a. 
The same or lesser parking requirements as the current or previous use;
b. 
A greater parking requirement than the current or previous use and complies with one of the following:
i. 
Additional parking shall be provided in compliance with the following formula:
S = E + (Rp - Re)
Where:
S = Number of off-street parking spaces required to be provided
E = Number of existing parking spaces
Rp = Number of parking spaces required for the proposed use
Re = Number of parking spaces required for the current/previous use
ii. 
If existing physical constraints on the site limit the amount of parking that can be provided, additional parking shall be at the discretion of the Director.
(Prior code § 16-345.050; Ord. 023-07 C.S. § 46; Ord. 2020-12-01-1502 C.S. § 21)

§ 16.64.060 Parking assessment districts.

A. 
Off-Street Parking Exemption. Whenever public off-street parking facilities have been established by means of a special parking assessment district, all uses and structures within the district, as established by the City Council, shall be exempt from the parking requirements of this chapter if the owners/operators of the uses or structures pay the assessment, except as follows:
1. 
Where the use of a structure that was erected after the levying of the special parking district assessment, or after the establishment of public off-street parking facilities creates the need for an unusual or exceptional amount of off-street parking; or
2. 
Where an alteration, expansion, or change in use of a structure, after levying of a special parking district assessment, or the establishment of public off-street parking facilities, creates a need for off-street parking spaces in excess of the spaces required for the structure or use before the alteration, expansion, or change in use.
B. 
Parking Improvement District No. 2001-1. The boundaries of the City of Stockton Parking Improvement District No. 2001-1 shall be the boundaries of the West End Redevelopment Area (generally bounded by Park Street on the north, Mormon Slough on the west, Sonora Street on the south, and the Union Pacific Railroad tracks on the east).
1. 
Any property located within these boundaries, except residential land uses, religious facilities, schools, and emergency shelters, shall have the option of providing all off-street parking on-site as required by this chapter or annexing to the City of Stockton Parking Improvement District No. 2001-1 if any of the following occur:
a. 
New construction of a structure on a vacant parcel;
b. 
Remodeling or reconstruction of an existing building or structure to the extent that the cost of remodeling exceeds 50 percent of the assessed value of the property. All remodeling costs within a five year period shall be cumulative to determine if it exceeds 50 percent;
c. 
Additions to the square footage of an existing structure which exceeds 10 percent of the existing square footage or floor area; or
d. 
Change in use of the property that increases the number of required parking spaces in compliance with this chapter.
2. 
If a property is annexed into the City of Stockton Parking Improvement District No. 2001-1, it shall no longer be subject to the Central Parking District assessments.
3. 
Residential land uses, religious facilities, schools, and emergency shelters that opt to not be part of the district shall meet the parking requirements of this chapter.
(Prior code § 16-345.060; Ord. 2016-04-12-1602 § III)

§ 16.64.080 Development standards for off-street parking.

Off-street parking areas shall be developed in the following manner:
A. 
Access. Off-street parking spaces shall be accessible by drives and aisles as follows:
1. 
Parking Areas. Access to off-street parking areas shall be provided in the following manner:
a. 
Nonresidential and Multifamily. Parking areas for nonresidential and multifamily uses:
i. 
Shall provide suitable maneuvering room so that vehicles enter an abutting street or alley in a forward direction.
ii. 
The Director may approve exceptions for parking areas immediately adjoining a public alley, provided suitable maneuvering room is provided to enter an abutting street in a forward direction.
iii. 
Off-street parking lots shall conform to City standards and specifications for parking facilities (Section 16.64.080, Development standards for off-street parking).
iv. 
Parking garages adjacent to residential zoning districts shall be set back a minimum of 15 feet and landscaped.
b. 
Other Residential. The required parking spaces for single-family homes, duplexes, and triplexes shall not be located within 20 feet of a right-of-way, measured from the property line, except attached side entry garages which may be 15 feet from the right-of-way in compliance with Section 16.36.110(D)(1)(a)(3) (Allowed projections into setbacks) provided there is at least a 20-foot driveway from the sidewalk.
2. 
Access to Adjacent Sites. Applicants for nonresidential developments are encouraged to provide shared vehicle and pedestrian access to adjacent nonresidential properties for convenience, safety, and efficient circulation. A joint access agreement guaranteeing the continued availability of the shared access between the properties and running with the land shall be recorded by the owners of the abutting properties, as approved by the Director.
3. 
Traffic Sight Area. In all cases, a minimum unobstructed clearance adjacent to a street intersection shall be maintained in compliance with Section 16.36.140 (Traffic sight area).
B. 
Location. Required off-street parking areas shall be located as follows:
1. 
For single-family homes, duplexes, and triplexes, parking shall be located on the same parcel as the residence.
2. 
For townhouses and multifamily uses, parking shall be located within 200 feet of the units they are intended to serve.
3. 
For uses permitted in residential zones other than the above, parking shall be located on the same or abutting parcel as the use to be served.
4. 
For nonresidential uses, permanent parking shall be located on the same parcel as the uses served, except that parking may be located on a parcel adjacent to, or within 500 feet of, the use served subject to a permanent covenant recorded with the County Recorder guaranteeing that the required parking would be maintained exclusively for the use or activity served. The agreement shall be approved by the Director and as to form by the City Attorney and a copy shall be filed with the Department.
5. 
Car pool and bicycle spaces (Section 16.64.100, Bicycle parking requirements and development standards) shall be located as close as is practical to the entrance(s) to the use they are intended to serve. Spaces shall be situated so that they do not obstruct the flow of pedestrians at entrances or sidewalks.
C. 
Parking Space and Aisle Dimensions. The development of parking lots and parking spaces shall comply with the City's standard specifications and plans and the following:
1. 
Parking Spaces.
a. 
Standard Spaces. Parking spaces shall be:
i. 
Striped. Striped in parking lots; and
ii. 
Dimensioned. Dimensioned a minimum of nine feet wide by 19 feet long.
b. 
Compact Spaces. Up to 30 percent of the required parking spaces may be developed to compact space size standards: minimum of nine feet wide by 15 feet long and dispersed throughout the parking lot.
2. 
Aisle Dimensions. The width of aisles in parking lots shall depend on the configuration of the parking lot in compliance with the City's standard specifications and plans.
D. 
Drainage. Parking lots shall be designed in compliance with the stormwater quality and quantity standards of the City's best management practices and the City's standard specifications and plans.
E. 
Directional Arrows and Signs.
1. 
Parking spaces, driveways, circulation aisles, and maneuvering areas shall be clearly marked with directional arrows and lines to ensure the safe and efficient flow of vehicles. Any directional signs shall meet the requirements of Section 16.76.100(B) (Directional signs).
2. 
The Director may require the installation of the traffic signs in addition to directional arrows to ensure the safe and efficient flow of vehicles in a parking facility.
F. 
Landscaping. Landscaping for surface parking lots shall be provided as follows:
1. 
Landscape Plan Required. A comprehensive landscape plan shall be submitted to the Director for approval.
2. 
Landscape Materials. Landscaping materials shall be provided throughout the parking lot area using a combination of trees, shrubs, and vegetative groundcover. Water conserving landscape plant materials shall be emphasized.
3. 
Curbing. Areas containing plant materials shall be bordered by a concrete curb at least six inches high and six inches wide. Alternative barrier designs may be approved by the Director.
4. 
Irrigation. An automatic irrigation system, including features such as drip systems, bubblers, and soakers, shall be provided for all landscaped areas, including tree wells, planters, and planting islands.
5. 
Bumper Overhang Areas. A maximum of two feet of the parking stall depth may be landscaped with low-growth, hearty materials in lieu of paving or the walkway may be increased, allowing a two foot bumper overhang while maintaining the required parking dimensions. Bumper overhang areas shall not encroach into required walkways, required landscape areas, or rights-of-way.
6. 
Perimeter Parking Lot Landscaping.
a. 
Adjacent to Streets. Parking areas adjoining a public street shall be designed to provide a landscaped planting strip between the street right-of-way and parking area.
i. 
Parking areas adjoining a public street shall be designed to provide a minimum five foot-wide landscaped planting strip between the street right-of-way and parking area. The Director may grant an exception to this requirement if existing structures or substandard lots preclude its implementation. In this case, the maximum planting strip area shall be provided based on site conditions;
ii. 
The landscaping, other than trees, shall be designed and maintained to screen cars from view from the street and shall be approximately 36 inches in height;
iii. 
Screening materials may include a combination of plant materials, earth berms, raised planters, or other screening devices that meet the intent of this requirement and have been approved by the Director; and
iv. 
Plant materials, walls, or structures within a traffic sight area of a driveway shall not exceed 30 inches in height in compliance with Section 16.36.140 (Traffic sight area).
b. 
Adjacent to Residential Use.
i. 
Parking areas for nonresidential uses adjoining residential uses shall provide a landscaped buffer yard with a minimum 10-foot width between the parking area and the common property line bordering the residential use. A solid masonry wall in compliance with Section 16.48.060 (Walls required between different zoning districts) and landscaping shall be provided along the property line. Trees shall be provided at a rate of one for each 30 feet of landscaped area and shall be a minimum 15-gallon container stock with a caliper size, at time of planting, which is appropriate for a normal, healthy example of the specified tree variety and no less than three-fourths inch in diameter.
ii. 
Parking areas for shopping centers shall be provided in compliance with the standards for shopping centers in Section 16.80.330 (Shopping centers and large-scale commercial retail uses).
7. 
Interior Parking Lot Landscaping.
a. 
Trees Required.
i. 
Number and Location. Trees shall be evenly spaced throughout the interior parking area at a rate of one tree for every five parking spaces. The required number of trees shall not include required street trees.
ii. 
Size. All trees within the parking area shall be a minimum 15-gallon container stock with a caliper size, at time of planting, which is appropriate for a normal, healthy example of the specified tree variety and no less than three-fourths inch in diameter.
b. 
Planting Areas. Trees shall be located in planting areas that are designed and constructed throughout the parking area. In order to be considered within the parking area, trees shall be located in planters that are bounded on at least three sides by parking area paving. Planters shall have a minimum interior dimension of six feet. All ends of parking lanes shall have landscaped islands.
c. 
Larger Projects. Parking lots with more than 100 spaces shall provide an appropriate entry feature consisting of a concentration of landscape elements at primary entrances, including specimen trees, flowering plants, enhanced paving, and project identification.
8. 
Parking Structures. These landscaping standards shall not apply to parking garages or other parking structures.
9. 
Compliance with State Model Water Efficient Landscape Ordinance. For any new building permit, new landscaping installed shall be done so in compliance with the current version of the Water Efficient Landscape Ordinance, as adopted by the City Council at the time of building permit issuance.
G. 
Lighting. Parking areas shall have lighting capable of providing adequate illumination for security and safety. Lighting standards shall be energy-efficient and in scale with the height and use of the on-premises structure(s). All illumination, including security lighting, shall be directed downward, away from adjacent properties and public rights-of-way in compliance with Section 16.32.070 (Light and glare).
H. 
Striping and Identification.
1. 
Vehicular. Parking spaces shall be clearly outlined with four inch wide lines painted on the surface of the parking facility. Compact and car pool spaces shall be clearly identified for compact vehicle and car pool usage respectively.
2. 
Disabled. Parking spaces for the disabled shall be striped and marked so as to be clearly identified in compliance with the applicable State standards.
I. 
Surfacing.
1. 
Parking spaces and maneuvering areas shall be paved and permanently maintained with asphalt, concrete, or interlocking paving stones in compliance with current City standards. Surfacing of temporary lots shall be approved by the City Engineer.
2. 
Paving thickness shall be in compliance with the City's standard specifications and plans.
3. 
Optional materials shall be approved by the City Engineer.
J. 
Wheel Stops/Curbing. Continuous concrete curbing at least six inches high and five and one-half (5.5) inches wide shall be provided for parking spaces located adjacent to fences, walls, property lines, landscaped areas, and structures. Individual wheel stops may be provided in lieu of continuous curbing when the parking is adjacent to a landscaped area, and the drainage is directed to the landscaped area subject to the approval of the Director. Wheel stops shall be placed to allow for two feet of vehicle overhang area within the dimension of the parking space.
(Prior code § 16-345.080; Ord. 023-07 C.S. §§ 47, 48; Ord. 001-08 C.S. § 10; Ord. 015-09 C.S., eff. 12-3-09; Ord. 011-11 C.S. § 1, eff. 10-27-11; Ord. 2020-12-01-1502 C.S. § 22)

§ 16.64.090 Parking in residential zoning districts.

A. 
Front and Street Side Setback Areas.
1. 
Front and side yard setback areas shall only be used for the temporary parking of motor vehicles. Storage of vehicles in this area shall not be allowed.
2. 
No vehicles shall be parked in the front and/or street side setback areas other than on a paved driveway. Paved driveways shall be limited to no more than 50 percent of the front and/or street side setback area in compliance with Section 16.56.030(A)(4) (General design standards). No parking shall be allowed in the landscaped areas.
B. 
Parking Lots.
1. 
Nonresidential Parking Facilities. Where parking lots are allowed in residential zoning districts in compliance with Chapter 16.20 (Allowable Land Uses and Permit Requirements), they shall be developed in compliance with the following requirements in addition to other applicable standards provided in this chapter.
a. 
Location of Parking Area. The parking area shall be accessory to, and for use of, one or more contiguous nonresidential uses allowed in residential zoning districts, or one or more uses allowed in a contiguous commercial or industrial zone. The Commission may grant a waiver for noncontiguous parking areas, but only under the following conditions:
i. 
The parking area would be designed to be compatible with the neighborhood;
ii. 
The parking area or areas would not fragment the surrounding neighborhood;
iii. 
The parking area would not be a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood;
iv. 
The parking area would not be detrimental and/or injurious to property and improvements in the neighborhood;
v. 
The parking area would utilize a piece of residentially zoned land with certain constraints (e.g., next to freeway); and
vi. 
The parking area would be located within a reasonable walking distance of the use to which it is an accessory in compliance with Section 16.64.080(B) (Location).
b. 
Access. Access to parking areas shall be from commercial streets and in compliance with the requirements of Section 16.64.080(A) (Development standards for off-street parking— Access). An exception may be granted by the Commission if no commercial streets are available for access.
c. 
Passenger Vehicle Parking Only. Parking areas shall be used solely for the parking of passenger vehicles.
d. 
Signs. No signs, other than signs designating entrance, exits, and conditions of use, or required legal signs, shall be maintained in parking areas. Signs shall not exceed four square feet in area and five feet in height in compliance with Section 16.76.100(B) (Directional signs). The number and location shall be approved by the Director before installation.
e. 
Perimeter Wall. The parking facility shall have a solid masonry wall eight feet in height along all interior property lines adjacent to residential zoning districts and shall provide a screen 36 inches in height in a combination of plant materials, landscaped earth berms, raised planters, walls, and/or other screening devices if adjacent to streets, except for reciprocal parking agreements or arrangements approved by the Commission. A lesser height may be allowed by the Commission if specific conditions warrant.
f. 
Development Standards. The parking lot shall be developed in compliance with Section 16.64.080 (Development standards for off-street parking).
g. 
Overnight Parking. Overnight parking shall be prohibited unless the parking lot is completely enclosed by an approved barrier that is locked and limited to passenger vehicles and recreational vehicles that are parked for no more than 72 hours.
h. 
Nonconforming Uses. Legal nonconforming uses shall be subject to the requirements of Chapter 16.228 (Nonconforming Uses, Structures, and Parcels).
2. 
Residential Parking Facilities. Parking facilities for residential land uses shall be developed in compliance with the following requirements in addition to other applicable standards provided in this chapter.
a. 
Location of Parking Facility. The parking facility should be provided on the same parcel as the primary residential use and accessory to the primary residential use. As an alternative, parking facilities may be provided on parcels separate from the primary residential use which shall have a landscape strip that is a minimum of 15 feet from the property line of any residential structure and shall be in compliance with Section 16.64.090(A) (Front and street side setback areas).
b. 
Passenger Vehicle Parking Only. Parking facilities shall be used solely for the parking of passenger vehicles.
c. 
Development Standards. Parking facilities shall be developed in compliance with Section 16.80.220 (Multifamily development—Parking) and Section 16.64.080 (Development standards for off-street parking).
d. 
Fencing. The parking facility shall have a solid wall six feet in height along all interior property lines and shall provide a screen 36 inches in height in a combination of plant materials, earth berms, raised planters, and/or other screening devices if adjacent to the street, except as provided by the use permit.
C. 
Commercial, Company, and Nonprofit Organization Vehicle Parking. Commercial, company, and nonprofit organization vehicles having a gross load capacity greater than one ton or those vehicles having gross load capacity of one ton or more or those vehicles clearly commercial in nature (e.g., tow trucks, ambulances, mini-buses, vehicles with commercial, company, or nonprofit organization signs) or similar vehicles shall not be allowed to park:
1. 
Private Property. On private property in residential zones except for immediate loading or unloading of goods or people or if not visible from the street; and
2. 
Public Right-of-Way. Overnight in a public right-of-way, as enforced by the Police Department.
D. 
Recreational Vehicles and Boats. Recreational vehicles (RVs) and boats shall:
1. 
Not park in the front or street side yards;
2. 
Be partially screened by a fence that is a minimum of six feet in height; and
3. 
Be parked on improved surface.
E. 
Inoperable Vehicles. Inoperable, abandoned, wrecked or dismantled vehicles, or vehicle parts shall not be stored on public or private property in compliance with Chapter 8.12 of the Municipal Code.
(Prior code § 16-345.090; Ord. 023-07 C.S. §§ 49, 50; Ord. 001-08 C.S. § 11; Ord. 015-09 C.S., eff. 12-3-09; Ord. 2020-12-01-1502 C.S. § 23)

§ 16.64.100 Bicycle parking requirements and development standards.

A. 
Applicability. Every use, including new construction, change of use or expansion of a use or structure that intensifies the required off-street parking required by 10 percent or more shall provide bicycle parking, except as otherwise provided for in Chapter 16.228 (Nonconforming Uses, Structures, and Parcels). A minimum of 50 percent of the bicycle parking shall be designated for long-term bicycle parking for facilities with over 100 employees or with a parking requirements that exceeds 50 parking stalls. Any bicycle parking requirement resulting in a fraction, shall be rounded up, to the nearest whole number.
B. 
Number of Spaces. The required minimum number of bicycle parking spaces shall be 10 percent of the total off-street parking requirement per Section 16.64.040.
C. 
General Requirements.
1. 
Bicycle parking shall be provided in a convenient, secure, highly visible, and well-lit area within 50 feet of a building entrances and exits.
2. 
Bicycle parking shall be at least as conveniently located as the most convenient automobile spaces, other than those spaces for persons with disabilities. Safe and convenient means of ingress and egress shall be provided that does not interfere with accessible paths of travel or accessible parking as required by this chapter.
3. 
Bicycle parking facilities shall be located on or within a concrete or similar surface and designed to support bicycles in a stable position without damage to wheels, frames, or other components.
4. 
Facilities shall be securely anchored to the surface to prevent easy removal and shall be of sufficient strength to resist vandalism and theft.
5. 
Bicycle parking areas shall contain signage that clearly shows how the bicycle should be locked for optimum security and a number where to contact the owner with questions or report theft.
6. 
Bicycle parking wayfinding signage is required for every site containing long-term bicycle parking.
7. 
Vertical bicycle parking racks must allow a user to securely lock a bike tire and frame to the rack.
8. 
Long-term bicycle parking shall be located on the same parcel as the use it serves. Long-term bicycle parking for commercial tenants shall be located on the ground floor within 50 feet of a building entrance if ground floor automobile parking is provided. If no ground floor automobile parking is provided, the bicycle parking may be located on the level immediately below or above the ground floor level within 50 feet of a public elevator or stairway.
9. 
All required long-term bicycle parking shall be covered. Covered parking can be provided inside buildings, under roof overhangs or awnings, in bicycle lockers, or within or under other structures. Long-term bicycle parking shall be in at least one of the following facilities:
a. 
An enclosed bicycle locker;
b. 
A fenced, locked or guarded bicycle storage area with bike racks within;
c. 
A rack or stand inside a building that is within view of an attendant or security guard or visible from employee work areas; or
d. 
A secure, non-public parking garage.
D. 
Alternative Design and Compliance. Upon written request by the applicant, the Director may approve alternative compliance from the provisions of this chapter, which may include, but are not limited to, a reduction or deviation in the number, type, or location of the required bicycle parking, and may include a waiver of the requirement.
(Prior code § 16-345.100; Ord. 001-08 C.S. § 12; Ord. 2020-12-01-1502 C.S. § 24)

§ 16.64.110 Off-street loading space standards.

A. 
Number of Loading Spaces Required. Nonresidential uses with less than 5,000 square feet of gross floor area shall provide one off-street loading space, which may be combined with an off-street parking space. Nonresidential uses with 5,000 square feet of floor area or more shall provide off-street loading space(s) in compliance with Table 3-11. Requirements for uses not specifically listed shall be determined by the Director based upon the requirements for comparable uses and upon the particular characteristics of the proposed use.
TABLE 3-11
REQUIRED LOADING SPACES
Type of Land Use
Total Gross Floor Area
Loading Spaces Required
Manufacturing, research and development, institutional, and service uses
10,000—30,000 sq. ft.
One
30,001 + sq. ft.
One for each additional 20,000 sq. ft., plus additional as required by Director.
Office uses
35,000 to 70,000 sq. ft.
One
70,001 + sq. ft.
One for each additional 35,000 sq. ft., plus additional as required by Director.
Commercial and other allowed uses
10,000 to 20,000 sq. ft.
One
20,001 + sq. ft.
One for each additional 10,000 sq. ft., plus additional as required by Director.
B. 
Development Standards for Off-Street Loading Areas. Off-street loading areas shall be provided in the following manner:
1. 
Dimensions. Loading spaces shall be not less than 10 feet in width, 25 feet in length, with 14 feet of vertical clearance;
2. 
Lighting. Loading areas shall have lighting capable of providing adequate illumination for security and safety. Lighting sources shall be shielded to prevent light spill beyond the property line. Lighting standards shall be energy-efficient and in scale with the height and use of adjacent structure(s). Lighting shall meet the requirements for light and illumination (Section 16.36.095);
3. 
Plans. Plans for loading ramps or truck wells shall be accompanied by a profile drawing showing the ramp, ramp transitions, and overhead clearances;
4. 
Location. Loading spaces shall be located and designed as follows:
a. 
As near as possible to the main structure and limited to the rear two-thirds of the parcel, if feasible,
b. 
Situated to ensure that the loading facility is screened from adjacent streets as much as possible,
c. 
Situated to ensure that loading and unloading takes place on-premises and in no case within adjacent public rights-of-way or other traffic circulation areas on-premises,
d. 
Situated to ensure that vehicular maneuvers occur on-premises, and
e. 
Situated to avoid adverse impacts upon neighboring residential properties;
5. 
Screening. Loading areas abutting residentially zoned parcels shall be screened in compliance with Section 16.36.100 (Screening and buffering); and
6. 
Striping. Loading areas shall be striped indicating the loading spaces and identifying the spaces for "loading only." The striping shall be permanently maintained by the property owner/tenant in a clear and visible manner at all times.
7. 
Downtown and the Magnolia Historic District. New construction in the downtown or Magnolia historic district shall provide off-street loading spaces in compliance with this section. The use or reuse of an existing structure shall not require any additional off-street loading spaces.
(Prior code § 16-345.110; Ord. 2020-12-01-1502 C.S. § 25; Ord. 2025-06-03-1601, 6/3/2025)

§ 16.68.010 Purpose.

The purpose of this chapter is to provide standards for applicants that desire to develop under the provisions of planned development permits (Chapter 16.144). The standards in this chapter are intended to promote quality design and innovative site planning consistent with the goals and policies of the General Plan. The planned development standards promote high quality development that incorporates amenities beyond those expected under conventional development, to achieve greater flexibility in design, to encourage well-planned projects through creative and imaginative planning, and to provide for the appropriate use of land that is sufficiently unique in its physical characteristics or other circumstances to warrant special consideration of development standards.
(Prior code § 16-350.010)

§ 16.68.020 Applicability.

The provisions of this chapter apply to development in any zoning district in compliance with the application requirements in Chapter 16.144 (Planned Development Permits). Strict compliance with the purpose and intent of the General Plan shall be required, and only uses allowed in the zoning district for which the planned development is proposed shall be allowed.
(Prior code § 16-350.020)

§ 16.68.030 Development standards.

A. 
General Standards for All Projects. The following development standards shall apply to all developments subject to a planned development permit.
1. 
Size. A minimum site of two acres, exclusive of public rights-of-way, shall be required. This requirement may be waived or reduced by the Commission, or on appeal by the Council, if the approving body finds that the waiver is necessary in order to achieve a superior project given the unique attributes of the site, its setting, or surrounding conditions, and that the project will meet the purpose and intent of this chapter.
2. 
Application to Site. A planned development permit may apply to a site that consists of more than one parcel, provided the original parcels are contiguous to one another and not separated by a major collector or minor/major arterial street.
3. 
Setback Requirements. Structure setbacks, with the exception of outer perimeter front, side, and rear side yard setback provisions for perimeter landscaping may deviate from the setback standards identified in this Development Code and shall conform to the approved planned development permit.
4. 
Site Coverage. The site coverage for residential or nonresidential zoning districts may deviate from the standards of this Development Code.
5. 
Frontage and Area Requirements. The frontage and area per lot requirements for residential and nonresidential zoning districts may deviate from the regulations of this Development Code.
6. 
Height Limits. The height of structures may deviate from the height standards of this Development Code, provided that any nonresidential structure adjacent to a residential zone is set back a distance equal to the height of the nonresidential structure from the property line between the parcels.
7. 
Open Space Requirements. In addition to the requirements for residential and nonresidential, below, the following open space requirements apply to all planned development permits:
a. 
Open space shall be designed as a major element of the project;
b. 
Open space shall be located to take advantage of, and to help preserve, existing natural amenities (e.g., trees, topographic features, waterways, and views);
c. 
Open space shall generally be clustered to create larger scale open spaces, but shall also be used to buffer incompatible uses and to provide corridors of space around and within developed areas to achieve a spacious character and convenient linkage to all parts of the site;
d. 
All landscaped areas shall be designed, installed, and irrigated in compliance with Chapter 16.56 (Landscaping Standards);
e. 
Open space areas shall not include streets, whether public or private, off-street parking or landscaping required for the parking lot, access drives, loading areas, or area(s) covered by structures;
f. 
The location of all open space, including any off-premises locations, shall be identified on appropriate plans; and
g. 
The Commission may modify any open space requirement (subsection(B)(3) of this section (Residential projects—Common open space requirements) and subsection (C)(2) of this section (Nonresidential projects—Common open space requirements)) after considering the general purpose and nature of the project. If the open space requirement is modified, another amenity(s) shall be provided (subsection (B)(4) of this section (Residential projects—Amenities) and subsection (C)(3) of this section (Nonresidential projects— Amenities)).
8. 
Maintenance of Common Areas. The applicant shall provide for the permanent maintenance of all common area(s), including open space areas, within the development. The applicant shall provide the following:
a. 
A plan showing all common areas and areas to be dedicated to/for public and/or private use; and
b. 
If the development consists of:
i. 
Only one parcel, a plan for maintenance, or
ii. 
More than one parcel, a plan for maintenance and a mandatory homeowners' association to provide permanent maintenance of the common area. If the homeowners' association defaults, the City reserves the right to form a mandatory maintenance district.
9. 
Limitations. The Commission shall have the authority to define and limit the requirements for each approved land use within the area covered by the approved planned development permit.
10. 
Distinct. All standards apply to each individual planned development permit, and off-site improvements and amenities cannot be used to meet any of the requirements for a specific, individual planned development permit.
11. 
Requirements and Standards. Unless clearly stated otherwise in the approved planned development permit, the provisions, regulations, requirements, and standards governing the development and on-going operation of the site covered by the planned development permit shall be in compliance with this Development Code.
12. 
Development Phasing. If the project would be phased, the applicant shall submit a schedule indicating the development schedule for the project, including open space and amenities.
a. 
Projects developed in phases shall be designed so that each successive phase would contain open space and amenities to independently qualify under the provisions of subsection (A)(7) (Open space requirements).
b. 
If the proposed project would be developed with a series of planned development permits for smaller areas within the site, a master planned development permit shall be prepared for the site. It shall show the location and type of open space and amenities and the location and type of development to be proposed.
B. 
Residential Projects. In addition to the general standards listed above, the following standards shall apply to residential projects:
1. 
Housing Types and Number. The type of housing allowed in a planned development may include a variety of housing types, including single-unit dwellings, duplexes, triplexes, townhouses, and multi-unit. The number of allowable dwelling units on each parcel may exceed the number allowed within the specific zoning district as identified in Chapter 16.24 (Zoning District Development Standards), provided:
a. 
Multiple Parcels. In the case of multiple parcels, that the number of units in the entire project does not exceed the maximum allowable density for the zoning district as identified in Chapter 16.24; or
b. 
Two or More Zoning Districts. If the site contains two or more residential zoning districts, that the number of units in the entire project does not exceed the maximum cumulative number of dwelling units permitted for the entire project.
2. 
Parking Requirements. Parking shall comply with the required parking standards in Chapter 16.64 (Off-street Parking and Loading Standards). Projects consisting of both residential and nonresidential uses may deviate from parking standards.
3. 
Landscape and Common Open Space Requirements. At least 20 percent of the gross property area shall be reserved for, and devoted to, landscaped areas and useable common open space area(s), (e.g., greenbelts, lawns, riparian corridors, and pedestrian trails), excluding public parks. The required maintenance entity shall only be required to maintain the landscape and open space areas that are required for the project by this Development Code.
4. 
Amenities. One or more amenities shall be provided with each project subject to a planned development permit. Examples of amenities that may be provided include recreation facilities, community meeting halls, parks and play fields, tot lots, swimming pools, enhanced right-of-way treatments, special identity architectural elements, water features, and similar amenities of a permanent nature.
5. 
Accessory Uses. Accessory commercial and service uses limited to no more than 10 percent of the project may be a component of a residential planned development project to provide daily necessities. Uses allowed include beauty/barber shops, postal facilities, quick copy shops, general stores, drug store/pharmacy, or other uses clearly intended for the convenience of residents.
6. 
Maintenance. The developer of a residential project shall establish a homeowner's association for the purpose of maintaining common areas and enforcing the CC&Rs.
C. 
Nonresidential Projects. In addition to the general standards provided in subsection A of this section (General standards for all projects), the following standards shall apply to nonresidential projects.
1. 
Parking Requirements. The number and design of off-street parking areas may deviate from the parking standards identified in this Development Code.
2. 
Common Open Space Requirements. At least 20 percent of the gross property area in all nonresidential developments shall be reserved for, and devoted to, landscaped and useable pedestrian-oriented open space area(s). Open spaces may include courtyards, landscaped gardens, outdoor dining areas, plazas, and water features; but shall not include parking.
3. 
Amenities. One or more amenities shall be provided with each project subject to a planned development permit. Examples of amenities that may be provided include community facilities (e.g., community center, post office), public plazas with enhanced pedestrian amenities, (e.g., water features, seating, landscaping), vehicle and/or pedestrian connections to adjacent uses/neighborhoods, unique architectural features (e.g., clock tower), water fountains, and similar amenities of a permanent nature.
4. 
Signs. All nonresidential signs shall be part of a comprehensive sign program in compliance with Section 16.76.050 (Comprehensive sign program).
5. 
Accessory Uses. Accessory commercial and service uses limited to no more than a total of 20 percent of the project may be a component of an industrial planned development project to provide convenience items and services. Uses allowed include beauty/barber shops, postal facilities, quick copy shops, general stores, drug store/pharmacy, eating establishments, banking facilities, or other uses clearly intended for the convenience of area workers.
(Prior code § 16-350.030; Ord. 023-07 C.S. §§ 51—53; Ord. 015-09 C.S., eff. 12-3-09; Ord. 2025-06-03-1601, 6/3/2025)

§ 16.72.010 Purpose of chapter.

A. 
Except as expressly provided otherwise in Title 15 of the Municipal Code, this chapter is adopted to supplement and implement the Subdivision Map Act, Government Code Sections 66410, et seq., and to specify the public improvement requirements for subdivision and single-lot development.
B. 
This chapter regulates and controls the extent and installation of public improvements for subdivisions and single-lot developments. To accomplish this purpose, the regulations outlined in this chapter are determined to be necessary for the preservation of the public health, safety, and general welfare; to promote orderly growth and development; and to ensure provisions for adequate traffic circulation, utilities, and services.
(Prior code § 16-355.010)

§ 16.72.020 Applicability.

The requirements of this chapter shall apply to all subdivision and single-lot development, except where it expressly states that a specific requirement only applies to a subdivision or single-lot development.
(Prior code § 16-355.020)

§ 16.72.030 Conformity.

A. 
No land shall be developed or subdivided for any purpose, which is not in conformity with the General Plan, and any applicable specific plan, precise road plan, or master development plan or allowed by this Development Code or other applicable provisions of the Municipal Code.
B. 
The type and intensity of land use as shown by the General Plan, specific plans, master development plans, specific type of development, and this Development Code shall determine the public improvements that shall be provided by the developer.
C. 
On developer-initiated amendments to adopted specific plans or regulations, the developer shall be responsible for all construction costs to implement and mitigate the amendments.
D. 
All public works projects, including the Capital Improvement Plan (CIP), shall be in conformity with the General Plan in compliance with Government Code Section 65401.
E. 
All acquisition and disposal of real property owned by the City shall be in conformity with the General Plan in compliance with Government Code Section 65402.
(Prior code § 16-355.030)

§ 16.72.040 Environmental impact.

Compliance with the applicable provisions of the California Environmental Quality Act (CEQA), the State's CEQA Guidelines, the City's CEQA Guidelines, and NEPA shall be required before the commencement of any installation of public improvements for subdivisions and single-lot developments. The developer shall provide additional data and information, and deposit and pay fees as may be required for the preparation and processing of environmental review documents.
(Prior code § 16-355.040)

§ 16.72.050 Area of benefit.

A. 
Purpose and Authority.
1. 
The purpose of this section is to make provision for assessing and collecting fees as a condition of approval of a map, condition of development approval, or as a condition of issuing a building permit for the purpose of defraying the actual or estimated cost of constructing the public improvements pursuant to the City's authority to make and enforce all ordinances and regulations with respect to municipal affairs under the California Constitution, Article 11, Section 5 and Stockton Municipal Charter, Article III, Section 300.
2. 
This chapter shall be the exclusive procedure for the establishment and operation of areas of benefit in the City.
B. 
Findings Required. No area of benefit shall be established unless the Council finds that the construction of the public facilities or improvements provided for by the area of benefit fees is required for subsequent developments, and that the fees are fairly apportioned within the area on either:
1. 
The basis of benefits conferred on property proposed for development; or
2. 
The need for such facilities created by the proposed development and development of other property within the area.
C. 
General. The Council may by resolution adopt an area of benefit for the purpose of defraying the actual or estimated costs of public improvements.
1. 
An area of benefit may be used for the following purposes:
a. 
To reimburse a developer who installs public improvements which benefit property outside the subdivision or development.
b. 
To reimburse the City or County for construction of public improvements which benefit property.
c. 
To establish a fund for the future construction of a needed public improvement. Public improvements for which area of benefits may be established are:
i. 
Curb, gutter, and sidewalk;
ii. 
Street structural section;
iii. 
Tree wells and sprinkler system;
iv. 
Fence;
v. 
Street lighting;
vi. 
Street signs;
vii. 
Traffic signals;
viii. 
Storm drainage facilities;
ix. 
Sanitary sewer facilities;
x. 
Water facilities;
xi. 
Fire hydrants;
xii. 
Storm drain and sanitary sewer pump stations;
xiii. 
Railroad crossings;
xiv. 
Bridges and major thoroughfares;
xv. 
Libraries;
xvi. 
Fire stations;
xvii. 
Police substations; and
xviii. 
Parks.
d. 
To reimburse a developer or the City for the preparation of a specific plan, precise road plan, master utility plan, area-wide traffic analysis, and similar studies which benefits property inside the plan area.
2. 
By resolution, the City Council shall establish the boundaries of the area of benefit, the estimated or actual cost, a fair method of allocation of costs, fee apportionment, and the applicable fees to be paid. The cost shall include design, construction, inspection, acquisition of land or easements, contingencies, and incidental expenses.
3. 
The area of benefit fees shall include a City administrative charge of 10 percent of the total cost.
D. 
Fee Adjustment. The actual or estimated cost of the public improvement shall be adjusted in accordance with the Engineering Construction Cost Index as published by Engineering News Record for the elapsed time period between the date the area of benefit is formed and the date the fee is collected. The revised area of benefit fee shall equal the adjusted cost plus a City administrative fee of 10 percent of the adjusted cost. Should a County, school district, or other public agency develop a parcel of land within a tentative map area, and the agency is found to be exempt from payment of area of benefit fees, the assessment for the parcel shall be prorated equally as an adjustment upon the balance of the unpaid parcels within the approved tentative map area.
E. 
Separate Funds. Area of benefit fees, less the 10 percent City administrative charge, shall be deposited in separate funds. Moneys in such funds shall be expended solely for the construction or reimbursement for construction of the public improvements serving the area to be benefited. The funds shall also accrue interest.
F. 
Life of Area of Benefit. An area of benefit shall remain in existence until all fees have been collected. After the area of benefit has been in existence for 20 years, all fees collected shall be retained by the City.
G. 
Surplus Distribution.
1. 
After completion of the public improvements and payment of all claims from any area of benefit, the Council may determine by resolution the amount of the surplus, if any, remaining in any of those funds.
2. 
There shall be transferred to the General Fund any remaining portion of the surplus which has not been paid to or claimed by the persons entitled thereto within two years from the date of either the completion of the improvements, or the adoption by the resolution declaring a surplus, whichever is later to occur.
H. 
Credits.
1. 
Where the City has established an area of benefit for the future construction of a needed public improvement, a development will be credited for any portion of the improvement installed by the developer.
2. 
Whenever the area of benefit fees exceed the credits, the developer shall pay to the City the balance. Whenever the credits exceed the area of benefit fees, the City will reimburse the developer from subsequent payments.
I. 
Payment of Fees Required. Prior to the issuance of a building permit or the filing of any final or parcel map, the developer shall pay all area of benefit fees. The fees shall be paid for the entire area included within the map, including developed parcels.
J. 
Exemptions. Payment of area of benefit fees shall not be required for:
1. 
The following accessory buildings and structures: Private garages, children's playhouse, radio and television receiving antennas, windmills, silos, tank houses, shops, barns, coops and other buildings which are accessory to one-family or two-family dwellings.
2. 
The use, alteration, or enlargement of any existing structure(s) or the erection of one or more structures on the same lot or parcel of land, provided the total value, as determined by the Department, of all such alterations, enlargements, or construction does not exceed 25 percent of the current market value, as determined by the Department, of all existing structures on the lot or parcel of land, and the alteration or enlargement of the structure would not change its classification or occupancy as defined by the California Building Standards Code. This is a one time exemption and subsequent development shall require full payment of all area of benefit fees.
K. 
Reimbursements.
1. 
A developer who installs public improvements, which benefit property outside the development, is eligible for reimbursement. An area of benefit will be established to reimburse the developer a proportionate share of the cost. The developer will be reimbursed from area of benefit payments from future development. The amount of reimbursement shall equal the area of benefit payments less the 10 percent City administrative charge.
2. 
Reimbursement shall be payable to heirs, successors and assigns of the developer. Payment to more than one individual, corporation, or partnership must be approved by the City.
L. 
Notice of Hearing. Before the adoption of a resolution creating an area of benefit under this section and at least 10 days before the date and time set for the hearing before the Council, a notice of the date, time, and location of the hearing and a statement of the nature of the improvement to be constructed under the area of benefit, the actual or estimated costs of the project, and the proposed boundaries of the area of benefit shall:
1. 
Be sent to the owners of all property proposed for inclusion in the area of benefit by first class mail, to the addresses shown on the latest equalized assessment roll of San Joaquin County; and
2. 
Be published at least once in a newspaper of general circulation in the City.
M. 
Hearing. A hearing on a proposed area of benefit shall take place before the Council, at which time all interested parties shall be heard. The Council shall establish the boundaries of the area of benefit, the costs, whether actual or estimated, and a fair method of allocation of costs to the area of benefit and fee apportionment.
N. 
Runs with Land. The area of benefit shall bind and run with the land.
(Prior code § 16-355.050; Ord. 015-09 C.S., eff. 12-3-09; Ord. 2020-12-01-1502 C.S. § 26)

§ 16.72.060 Dedications and exactions.

A. 
Findings Required for Dedications and Exactions. Dedications or exactions may be required by the Review Authority through conditions of approval of a proposed tentative map or other discretionary grants of approval, only after first making findings which:
1. 
Identify the purpose for the dedication or exaction; and
2. 
Demonstrate that there is a reasonable relationship between the need for the dedication or exaction and the characteristics and impacts of the development from which the dedication or exaction is required.
B. 
Public Utilities and Utility Easements.
1. 
Utilities. Public utilities, including electricity, gas, water, sewer, storm drains, telecommunications services, cable television, and traffic signal detector loops shall be installed as part of the improvements within all subdivisions as provided by this section.
2. 
Easements.
a. 
Minimum Width. The minimum width of easements for public or private utilities, street tree planting, sanitary sewers, or water distribution systems shall be determined by the Review Authority based on the recommendations of:
i. 
The City Engineer for City facilities other than utilities; and
ii. 
The recommendations of the applicable utility provider for public or private utilities.
b. 
Overhead Lines. New overhead utility lines shall not be permitted.
3. 
Installation. Lateral connections to all underground utilities, water lines, and sanitary sewers shall be laid to sufficient lengths to avoid the need for disturbing the street improvements when service connections are made.
C. 
Park Land Dedications and Fees.
1. 
Purpose. This section provides for the dedication of land and/or the payment of fees to the City for park and recreational purposes and/or the construction of park and recreational facilities.
2. 
Applicability.
a. 
Land Dedication and/or Fee Payment and/or Construction of Park and Recreational Facilities. The subdivider shall dedicate land and/or pay a fee and/or construct park and recreational facilities in compliance with this section for the purpose of developing new or rehabilitating existing park or recreation facilities.
b. 
Exemptions. The provisions of this section do not apply to industrial or commercial subdivisions, condominium projects, or stock cooperatives, which consist of the subdivision of airspace in an existing apartment building, which is more than five years old, when no new dwelling units are added.
3. 
Amount of Parkland Required. The amount of acreage required to be dedicated by a residential subdivider for park and recreational purposes shall be based upon the number of dwelling units expected in the subdivision. The required dedication shall be computed using the following formula:
X = .003(UP)
Where:
X
=
Amount of park land required, in acres.
U
=
Total number of approved dwelling units in the subdivision.
P
=
The projected average number of residents per dwelling unit in the proposed subdivision, as determined by the Director.
4. 
General Park Land Fees.
a. 
Basis for Fee. The park land fee shall be based on the estimated proportionate cost that would be needed to acquire the land and develop facilities for a park thereon and shall be established by Council resolution.
b. 
Administrative Guidelines. The City Council shall by resolution, adopt administrative guidelines to provide procedures for the calculation, reimbursement, credit, or deferred payment of parkland dedication and fees.
5. 
Criteria for Requiring Dedication, Construction, and Fees. In subdivisions of over 50 lots, the City may require the subdivider to dedicate both land and pay a fee, and/or construct park and recreation facilities in compliance with the administrative guidelines and/or applicable tentative map conditions.
6. 
Suitability of Land to be Dedicated. Each park site proposed for dedication in compliance with this section shall be physically suited for the intended use and shall meet all criteria established by the General Plan.
a. 
Land which is made part of a park site for subdivision design purposes, but which is physically unsuited for park use, shall not be considered when calculating the area of the park site provided in compliance with this section. The park space provided shall be calculated from the road rights-of-way and interior property lines abutting the site, and not from any abutting roadway centerline.
b. 
If the Director determines that any of the land proposed to be dedicated is not suitable for park use, he or she may reject all or any portion of the land offered, and in that event the subdivider shall provide an alternative site or, at the discretion of the Director instead pay a fee in compliance with subsection (C)(4) (General parkland fees).
7. 
Conveyance of Land, Payment of Fees. Real property being dedicated for park purposes shall be conveyed by the parcel or final map or by grant deed, to the City by the subdivider, free and clear of all encumbrances except those which, in the opinion of City Attorney, will not interfere with use of the property for park and recreational purposes, and which the Council agrees to accept. The amount of required fees shall be deposited with the City at the time of submittal of the building permit. The subdivider shall provide the instruments required to convey the land and title insurance approved by the City Attorney in favor of the City in an amount equal to the value of the land.
8. 
Maintenance Entity for Dedicated Park Land.
a. 
Prior to recordation of any final map or in conjunction with the formation of a homeowner's association, the developer shall provide a mechanism or system to insure that the subdivision permanently pays its proportionate share of costs associated with the maintenance of any park site within the service area of the subdivision or serving the subdivision. The mechanism for doing so may be by annexation into the City's consolidated landscape maintenance district or by the formation of a new zone of the City's consolidated landscape maintenance district to ensure that properties are assessed for the maintenance costs.
b. 
The owner, developer, or successor-in-interest shall be responsible for maintenance of the park site until such time as the zone of the Stockton consolidated maintenance district, through which the park shall be maintained, generates sufficient revenue to assume such responsibility.
D. 
Right-of-Way Dedications. All right-of-way dedications for subdivisions and single-lot developments shall comply with the standard plans and specifications, and the following requirements:
TABLE 3-12
RIGHT-OF-WAY DEDICATION AND CONSTRUCTION OF IMPROVEMENTS GREATER THAN THE STANDARD ONE-HALF SECTION OF A LOCAL STREET
Situation
Responsibility for R/W and Improvements
Remarks
Redevelopment of site; No increase in trip generation
City
Redevelopment of site; Increased trip generation
Developer
If budgeted, (not just listed in CIP) City to construct and sets up AOB to recover fair share.
Vacant or underdeveloped; Increased trip generation
Developer
All development is responsible to construct minimum frontage improvements (half section of a local street) including but not limited to curb, gutter, sidewalk, 18 feet of pavement, and street lights. This table only applies when improvements exceed these levels.
This table does not apply when a precise road plan amendment is a part of the development application.
This table does not apply when new/additional access is requested and improvements are required to accommodate the new/additional access
1. 
Offers of Dedication Required. The developer shall dedicate via a grant of easement or make an irrevocable offer of dedication for all land within the development that is determined by the Review Authority to be needed for public streets, including access rights and abutters' rights; drainage; and scenic easements, public utility easements, and any other necessary public easements.
2. 
Improvements. The developer shall construct or agree to construct all improvements approved or required for the development, including access rights and abutters' rights, in compliance with the standard plans and specifications.
3. 
Rights-of-Way. Rights-of-way shall be consistent with any specific plan, precise road plan, or master development plan, and be of sufficient size to accommodate the required improvements.
4. 
Access Rights.
a. 
Residential Development. Where residential property is to be developed adjacent to an existing or proposed divided street, major or minor arterial, or collector, the developer shall be limited to backup lot design and access rights shall be dedicated to the City.
b. 
Nonresidential Development. Where commercial or industrial property is to be developed adjacent to an existing or proposed divided street, major or minor arterial, or collector, access rights shall be dedicated to the City in compliance with the requirements of this Development Code.
c. 
Specific Plan, Precise Road Plan, or Master Development Plan Requirements. Where restricted access is noted on an adopted specific plan, precise road plan, or master development plan, the developer shall dedicate access rights to the City.
5. 
EBMUD Right-of-Way Landscaping. Owners, developers, and/or successors-in-interest of proposed developments abutting the East Bay Municipal Utilities District (EBMUD) right-of-way property shall be required to enter into a landscaping sublicense agreement with the City and be required to provide landscaping with irrigation and, if deemed necessary by the Director, a 12-foot Class 1 bike path within the EBMUD right-of-way in compliance with the master bikeway plan. Plans for the landscaping, irrigation, and bike path shall be prepared by a licensed landscape architect and shall be subject to approval by the appropriate EBMUD authority and the Director. Plans for the improvements shall be prepared by an experienced licensed landscape architect and shall be subject to review and approval by the appropriate EBMUD authority, the City Parks Facility Planner/Landscape Architect, and the City Engineer. Maintenance for such improvements shall be in compliance with Section 16.72.240 (Landscaping), including bike paths.
6. 
Alternative Transportation Systems. Whenever a development falls within an area designated for the development of fixed guide way systems, transit facilities, bike paths, or hiking or equestrian trails in the General Plan, parks and recreation or bikeways master plans, applicable specific plan, precise road plan, or master development plan, or by implementing legislation, the developer shall dedicate land as is necessary to provide for these ways. Further, bicycle paths and transit facilities shall be dedicated as follows:
a. 
Bicycle Paths. If the approved subdivision contains 200 or more parcels, any subdivider who is required to dedicate roadways to the public shall dedicate additional land for, and construct bicycle paths, which are consistent with the City's master bikeway plan to benefit the residents of the subdivision. (Section 66475.1 of the Map Act). Before recordation of any final map, the developer shall provide a mechanism or system to insure that the subdivision permanently pays its proportionate share of costs associated with the maintenance of any Class 1 bicycle path within the subdivision or serving the subdivision. The mechanism for this may be a homeowners association, annexation into the City's consolidated landscape maintenance district, or formation of a new zone of the City's consolidated landscape maintenance district.
b. 
Transit Facilities. Dedications in fee simple or irrevocable offers of dedication of land within the subdivision will be required for local transit facilities including bus turnouts, benches, shelters, landing paths, and similar items that directly benefit the residents of the subdivision if:
i. 
The subdivision as shown on the tentative map has the potential for 200 dwelling units or more if developed to the maximum density shown in the General Plan or contains 100 acres or more; and
ii. 
The Review Authority finds that transit services are or will, within a reasonable time period, be available to the subdivision. (Section 66475.2 of the Map Act).
(Prior code § 16-355.060; Ord. 023-07 C.S. § 54; Ord. 015-09 C.S., eff. 12-3-09)

§ 16.72.070 Improvements (plans, agreements, and security).

A. 
Applicability. After the approval of a final or parcel map, a land use permit, or a building permit requiring the installation of improvements, the subdivider or developer shall diligently proceed to complete any improvements necessary to fulfill the conditions of approval. Improvement shall be defined as any infrastructure including streets, storm drains, sewers, and the like.
B. 
General Requirements for Improvements. The construction methods and materials for all improvements shall conform to the standard plans and specifications. The process of construction shall comply with the following requirements and all other applicable requirements of this chapter.
1. 
Prerequisites for Construction. Prior to the start of construction the following items are required:
a. 
Approval of the City Engineer for:
i. 
Improvement plans prepared in compliance with this section,
ii. 
Deferred improvement agreements for single-lot development or subdivisions of four or fewer parcels, and
iii. 
Subdivision agreements for all subdivisions;
b. 
Encroachment permit;
c. 
Insurance certificate naming City as additional insured; and
d. 
Pre-construction conference with contractor and City Engineer or authorized representative.
2. 
Post-Construction Requirements. After the improvements are completed to the satisfaction of the City Engineer, the developer's engineer shall submit record drawings based in part on information compiled and furnished by others. The developer shall submit a cash deposit or warranty security to the City covering all improvements for one year after final acceptance. Performance security may be retained for one year after acceptance in lieu of warranty security.
3. 
Timing. Improvements necessary to serve a structure shall be completed and accepted by the City prior to final building inspection or occupancy of that structure within the subdivision or development.
C. 
Deferral of Improvements.
1. 
Criteria for Deferral. The City Engineer may approve the deferral of public improvements for the following cases, subject to the approval of a deferred improvement agreement in compliance with subsection (D)(2) of this section (Improvement agreements, land use permits, building permits, and security).
a. 
Single-lot development in an active Community Development Block Grant Program area designated by the Council, where construction or reconstruction of street improvements is proposed in the plan for improvement.
b. 
The use, alteration, or enlargement of an existing structure or the construction of one or more structures on the same parcel, provided that:
i. 
The total value of all alterations, enlargements, or construction does not exceed one-fourth of the current market value, as both values are determined by the Department, of all existing buildings on the parcel; and
ii. 
The alteration or enlargement of the structure does not change its classification or occupancy as defined by Section 501 of the California Building Standards Code.
c. 
Private garages, children's playhouses, radio and television receiving antennas, windmills, silos, tank houses, storage sheds, shops, barns, and other buildings that are accessory to one-family or two-family dwellings.
d. 
Single-lot development or subdivisions of four or fewer parcels where the construction is impractical due to physical constraints, or the surrounding neighborhood is absent of similar improvements.
2. 
Deferred Improvement Agreement. When improvements are deferred, the developer shall enter into an agreement with the City for the installation of all public improvements at such time in the future as required by the City. The agreement shall provide:
a. 
That the improvement security shall be provided at the time the deferred improvement agreement is approved.
b. 
Construction of the improvements shall begin within 90 days of the receipt of the notice to proceed from the City.
c. 
That in the event of default by the owner(s), developer(s), and/or successor(s)-in-interest, the City is authorized to complete the construction and to charge the entire cost and expense to the owner(s), developer(s), and/or successor(s)-in-interest, including interest from the date of notice of the cost and expense. This agreement shall be recorded with the County Recorder at the expense of the owner(s) and shall constitute notice to all successors-in-interest of the title to the real property of the obligation to pay the costs, expenses, and interest. A lien shall be placed for the amount to fully reimburse the City, including interest, and is subject to foreclosure in the event the payment is in default.
d. 
That in the event of litigation caused by any default of the owner(s), developer(s), and/or successor(s)-in-interest, the owner(s), developer(s), and/or successor(s)-in-interest agree to pay all costs involved, including reasonable attorney's fees, which shall become part of the lien against the property.
e. 
That the term "owner" shall include not only the present owner but also heirs, successors, executors, administrators, and assigns. The obligations shall run with the real property and shall constitute a lien against it.
3. 
Standards for Deferred Improvements. The agreement shall not relieve the owner from any other specific requirements. The construction of deferred improvements shall conform to the provisions of this Development Code and all applicable sections of the Municipal Code in effect at the time of construction.
4. 
Prerequisites for Agreement. Prior to the approval of the deferred improvement agreement, the developer shall provide:
a. 
All applicable fees for street tree planting, installation of street signs, traffic signals, and participation in area of benefit for drainage and sanitary sewers, bridge crossings, major thoroughfares, and other public improvements, and inspection fees as established by the Council fee resolution.
b. 
Deeds for dedication of easements or rights-of-way where necessary to effectuate specific plans or precise road plans, or where necessary for traffic circulation.
D. 
Improvement Agreements, Land Use Permits, Building Permits, and Security. A developer may file a parcel or final map before completion of all the improvements required by this Development Code and conditions of approval of the tentative map or applicable land use permit, only when the subdivider first obtains Review Authority approval of an improvement agreement executed and submitted for Review Authority review by the developer, and provides the City performance security as required by this section.
Improvement agreements and required security shall also comply with Chapter 5 of the Map Act. Required securities for land use permits and building permits shall be provided as specified in subsection (D)(1)(d) of this section (Improvement agreements, land use permits, building permits, and security).
1. 
Contents of Improvement Agreement. A subdivision improvement agreement shall be submitted on a form provided by the City Engineer and approved by the City Attorney and shall include the following provisions:
a. 
Description of Improvements. A description of all improvements to be completed by the developer, with reference to the approved subdivision improvement plans.
b. 
Time Limit for Construction. The period within which all required improvements will be completed to the satisfaction of the City Engineer.
c. 
Completion by City. Provide that if the developer fails to complete all required improvements within the specified time, the City may elect to complete the improvements and recover the full cost and expenses thereof from the developer or the surety, including any attorney and legal fees associated with enforcement of the agreement.
d. 
Surety Requirement.
i. 
Require the developer to secure the agreement by furnishing security to insure full and faithful performance and to insure payment to laborers and material suppliers, as specified in subsection (D)(2) of this section (Improvement agreements, land use permits, building permits, and security). The amount of surety shall be based on an engineer's cost estimate submitted by the developer as provided by subsection B of this section (Residential projects), and approved by the City Engineer. The total cost of improvements to be guaranteed shall be as provided in the approved engineer's cost estimate.
ii. 
The developer shall provide the City with a cash deposit of 1% of the construction cost or a minimum of $5,000.00, whichever is greater. The deposit may be used at the discretion of the City to correct deficiencies and conditions caused by the developer or contractor that may arise during or after the construction of the subdivision. Any unexpended amount shall be returned to the developer at the time all bonds are released.
e. 
Phased Construction. Provisions for the construction of improvements in units, at the option of the developer.
f. 
Time Extensions. Provisions for an extension of time under conditions specified therein, at the option of the developer, consistent with the requirements of subsection G of this section (Time extensions).
g. 
Progress Payments. Provide for progress payments from surety deposits, in compliance with the requirements of subsection (I)(3) of this section (Acceptance of a portion of the improvements), provided that no progress payment shall be construed to be accepted by the City of any portion of the required improvements or any defective work or improper materials.
2. 
Security Required to Guarantee Improvements. A subdivision improvement agreement, deferred improvement agreement, or a subdivision road maintenance and repair agreement, land use permit, or building permit shall be secured by adequate surety in a form approved as to form by the City Attorney and sufficiency by the City Engineer, as follows:
a. 
Type of Security.
i. 
A guarantee for "faithful performance," in the amount of 50 percent of the engineer's estimate; and
ii. 
A guarantee for "materials and labor," in the amount of 50 percent of the engineer's estimate. Subdivision improvement agreements, land use permits or building permits shall be secured by all of the following in subsection (D)(2)(b).
b. 
Form of Security. The required surety shall consist of one or more of the following forms selected by the City Engineer for the full amounts specified in subsection (D)(1) of this section (Contents of improvement agreement):
i. 
A deposit, either with the local agency or a responsible escrow agent or trust company, at the option of the local agency, of money (cash, check, money order) or negotiable bonds of the kind approved for securing deposits of public moneys;
ii. 
A bond or bonds executed by one or more duly authorized corporate sureties;
iii. 
An instrument of credit from an agency of the State, Federal, or local government when any said agency provides at least 20 percent of the financing for the portion of the act or agreement requiring security, or from one or more financial institutions subject to regulation by the State or Federal government pledging that funds necessary to carry out the act or agreement are on deposit and guaranteed for payment; or a letter of credit issued by such a financial institution;
iv. 
A lien upon the property to be divided, created by contract between the owner and the City, where the Review Authority finds that it would not be in the public interest to require the installation of the required improvement sooner than two years after the recordation of the map; or
v. 
Any form of security, including security interests in real property, which is acceptable to the local agency.
E. 
Improvement Plans. Before the construction of any improvements, the subdivider or developer shall submit plans to the City as follows (see Section 16.72.250, Landscaping):
1. 
Preparation and Content. Improvement plans shall be prepared by a registered civil engineer licensed to practice in the State. Improvement plan submittals shall include the following information:
a. 
Any drawings, specifications, calculations, design reports, and other information required by the City Engineer shall be in compliance with the City's standard specifications and plans;
b. 
Subdivision utility master plans (water, sewer, and storm drainage) as approved by the Director of Municipal Utilities;
c. 
Pump station plans (water, sewer, and storm drainage) as approved by the Director of Municipal Utilities;
d. 
Grading, drainage, erosion and sediment control, and a storm water pollution prevention plan (SWPPP) for the entire subdivision for review and approval by the Director of Municipal Utilities;
e. 
A vellum or Mylar copy of the approved landscape and irrigation plans for the City record shall be provided for any landscaping installed along streets or public areas;
f. 
The improvement plan/specification checking and construction inspection fees as required by the Council's fee resolution; and
g. 
In compliance with this subsection E of this section (Improvement plans), the subdivider shall also submit to the City Engineer a detailed cost estimate of all improvements upon:
i. 
The submittal of initial improvement plans, and
ii. 
The approval of improvement plans.
2. 
Submittal of Plans. Improvement plans shall be submitted to the City Engineer.
3. 
Review and Approval. Improvement plans shall be reviewed and approved by the City Engineer, in compliance with any approved/adopted utility master plan, within the time limits provided by Map Act Section 66456.2.
4. 
Effect of Approval. The final approval of improvement plans shall generally be required before approval of a parcel or final map. The approval of improvement plans shall not bind the City to accept the improvements nor waive any defects in the improvements as installed.
5. 
Changes to Approved Plans. See subsection H of this section (Revisions to approved plans).
F. 
Construction of Improvements. Improvements required by this chapter shall be constructed/installed in compliance with this section.
1. 
Timing of Improvements. Required improvements shall be constructed or otherwise installed only after the approval of improvement plans in compliance with subsection E of this section (Improvement plans), and before the approval of a parcel or final map, if applicable, in compliance with Chapter 16.192 (Parcel Maps and Final Maps), or before any final building inspection or any certificate of occupancy, except where:
a. 
Improvements are deferred in compliance with subsection C of this section (Deferral of improvements); or
b. 
Improvements are required as conditions on the approval of a subdivision of four or fewer lots, in which case construction of the improvements shall be required, as specified in the Map Act (Section 66411.1 of the Map Act);
2. 
Pre-Construction Conference. Prior to any construction, the developer shall arrange for a pre-construction conference with the supervisor and/or contractor, subcontractors, utility companies, and the City Engineer, or the City Engineer's authorized representative.
3. 
Inspection of Improvements. The construction and installation of required improvements shall occur as follows:
a. 
Supervision. Before starting any work:
i. 
Authorized Representative. The contractor engaged by the developer shall designate in writing an authorized representative who shall have the authority to represent and act for the contractor in contacts with the City.
ii. 
Fee and Permit. The inspection fees shall be paid and encroachment permit issued before inspections shall be permitted.
iii. 
Supervisor. The designated representative shall be present at the work site at all times while work is in progress.
iv. 
Emergency Work. At times when work is suspended, arrangements acceptable to the City Engineer shall be made for any emergency work that may be required.
b. 
Inspection Procedures.
i. 
Inspections Required. The City Engineer shall make any inspections deemed necessary to ensure that all construction complies with the approved improvement plans. Where required by the City Engineer, the developer shall enter into an agreement with the City to pay the full cost of any contract inspection services determined to be necessary by the City Engineer.
ii. 
Acceptance. Work performed without inspections shall not be accepted by the City for maintenance.
4. 
Additional Deficiencies. The developer shall be responsible for correcting any deficiencies that may subsequently be discovered.
G. 
Time Extensions. An extension of time for completion of improvements under a subdivision improvement agreement shall be granted only as follows:
1. 
City Engineer's Report. The City Engineer notifies the Council that either the subdivider is proceeding to do the work required with reasonable diligence or is not yet ready to develop the subdivision, and has given satisfactory evidence of being able and willing to complete all required work within the time of the requested extension.
2. 
Agreement by Sureties. The sureties agree in writing to extend for the additional period of time at the original amount of the bond or other surety, or if recommended by the City Engineer, at an increased amount.
3. 
Updating. In consideration of a subdivision improvement agreement extension, the following may be required:
a. 
Revision of improvement plans to provide for current design and construction standards when required by the City Engineer;
b. 
Revised improvement construction estimates to reflect current improvement costs as approved by the City Engineer;
c. 
Increase of improvement securities in accordance with revised construction estimates; and/or
d. 
Inspection fees may be increased to reflect current construction.
4. 
Council Action. The Council approves the extension by a majority vote. As a condition of granting a time extension, the Council may impose whatever additional requirements the Council deems reasonable to protect the public interest.
H. 
Revisions to Approved Plans. Revisions to public improvement plans may be proposed, reviewed, and approved or disapproved as follows:
1. 
By Developer. Requests by the developer or the engineer for revisions to the approved plans appearing necessary or desirable during construction shall be submitted in writing to the City Engineer or authorized representative and shall be accompanied by a revised drawing showing the proposed revision. If the revision is acceptable, the original shall be returned to the developer's engineer for revising. The revised plans shall be immediately transmitted to the City Engineer for initialing. Construction of any proposed revision will not be permitted to commence until revised plans have been initialed by the City Engineer.
2. 
By City Engineer. When revisions are deemed necessary by the City Engineer to protect public health and safety, or as field conditions may require, a request in writing shall be made to the developer and engineer. The developer's engineer shall revise the plans and transmit the original to the City Engineer for initialing within the time specified by the City Engineer.
Construction of all or any portion of the improvements may be stopped by the City Engineer until revised drawings have been submitted. The developer may appeal revisions required by the City Engineer to the City Council by filing an appeal with the City Clerk within two working days following receipt of the request to revise the plans.
I. 
Acceptance of Improvements.
1. 
Verification. Before acceptance for maintenance or final approval by the Council of development improvements, the City Engineer shall verify that the improvement work has been completed in substantial compliance with the approved plans and specifications, and the developer shall provide deeds for dedication of easements or rights-of-way where necessary to effectuate specific plans or where necessary for traffic circulation.
2. 
Acceptance. After all items are completed and all items on the deficiency list have been corrected and as-built improvement plans received, the Council, by this section, designates the City Engineer the authority to accept subdivision improvements. Single-lot development and parcel maps of four or fewer parcels may also be accepted by the City Engineer.
3. 
Acceptance of a Portion of the Improvements. When requested by the developer in writing, the City may consider acceptance of a portion of the improvements as recommended by the City Engineer. The improvements shall be accepted by the City only if it finds that it is in the public interest and such improvements are for the use of the general public. Acceptance of a portion of the improvements shall not relieve the developer from any other requirements of this Development Code.
4. 
Landscape Improvements. See Section 16.72.240(D) regarding landscape maintenance after installation.
5. 
Notice of Completion. If the subdivision is accepted by the City, the City Clerk shall file a notice of completion with the County Recorder.
(Prior code § 16-355.070; Ord. 023-07 C.S. § 55; Ord. 001-08 C.S. §§ 14, 15; Ord. 015-09 C.S., eff. 12-3-09; Ord. 011-11 C.S. § 1, eff. 10-27-11; Ord. 2020-12-01-1502 C.S. § 27)

§ 16.72.080 Subdivision design and improvement requirements.

A. 
Applicability of Design and Improvement Standards. The requirements of this chapter apply to subdivisions and single-lot development, in addition to all applicable requirements of this Development Code, as follows:
1. 
Extent of Required Improvements. All subdivisions shall provide the improvements required by this chapter, and any additional improvements required by conditions of approval.
2. 
Applicable Design Standards, Timing of Installation. The subdivider shall construct all on-and off-site improvements according to standards approved by the City Engineer. No final map shall be presented to the Council or parcel map for four or fewer parcels to the City Engineer for approval until the subdivider either completes the required improvements, or enters into an agreement with the City for the work.
3. 
Subdivision Improvement Standards—Conditions of Approval. The applicable subdivision improvement and dedication requirements of this chapter and any other improvements and dedications required by the Review Authority in compliance with Section 16.188.050 (Review and decision), shall be described in conditions of approval adopted for each approved tentative map (Section 16.188.070). The design, construction or installation of all subdivision improvements shall comply with the requirements of the City Engineer.
4. 
Conflicting Provisions. In the event of any conflict between the provisions of this chapter and other provisions of this Development Code, or other provisions of the Municipal Code, the most restrictive provisions, as interpreted by the Director, shall control. In the event of any conflict between the provisions of this chapter and the Map Act, the Map Act shall control, as interpreted by the Development Review Committee (DRC).
5. 
Limit to Required Improvements—Four or Fewer Parcels. As required by Map Act Section 66411.1, improvements required for subdivisions of four or fewer parcels shall be limited to the dedication of rights-of-way, easements, and the construction of reasonable offsite and onsite improvements for the parcels being created.
6. 
Oversizing of Improvements. At the discretion of the Review Authority, improvements required to be installed by the subdivider for the benefit of the subdivision may also be required to provide supplemental size, capacity, number, or length for the benefit of property not within the subdivision, and may be required to be dedicated to the City, in compliance with Article 6, Chapter 4 of the Map Act. In the event that oversizing is required, the City shall comply with all applicable provisions of Map Act Sections 66485 et seq., including the reimbursement provisions of Map Act Section 66486.
B. 
Monuments. The subdivider shall install monuments in compliance with Chapter 16.208 (Surveys and Monuments), and the Map Act.
C. 
Parcel and Block Design. The size, shape, and arrangement of proposed parcels shall comply with this section or with any General Plan policy, applicable specific plan, precise road plan, or master development plan requirements; utility master plans; the City's standards specifications and plans; other provisions of this Development Code; and Municipal Code provisions applicable to a proposed subdivision.
1. 
Parcel Area. The minimum area for new parcels shall be as required by Division 2 (Zoning Districts and Allowable Land Uses), except as otherwise provided by this section.
a. 
Calculation of Area. When calculating the area of a parcel to determine compliance with this section, Chapter 16.24 (Zoning District Development Standards), or the General Plan, the following shall be deducted from the gross area of any parcel, regardless of whether they may be used by the general public or are reserved for residents of the subdivision:
i. 
A vehicular or nonvehicular access easement through the parcel; or
ii. 
An easement for an open drainage course, whether a ditch, natural channel or floodway.
b. 
Minimum Lot Area Requirements for Common Interest Projects. The minimum lot area requirements of Division 2 (Zoning Districts, Allowable Land Uses and Zone-Specific Standards) shall not apply to condominiums and condominium conversions, planned developments, townhouses, zero lot line, and similar projects, but shall apply to the creation of the original parcel or parcels that are the location of the common interest development.
2. 
Frontage. The frontage of new parcels shall comply with the applicable provisions of Division 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), and the City's standard specifications and plans or as otherwise required by the Review Authority.
3. 
Parcel and Block Configuration. The layout of proposed parcels and streets shall be designed to use land efficiently, mitigate environmental impacts, and minimize site disturbance in terms of cuts and fills and the removal of significant vegetation. For residential development, the following shall apply:
a. 
Double-Frontage Lots. Parcels with streets along more than one side shall be prohibited, unless necessitated by topographical or other physical conditions, and where access to all but one of the roads is prohibited.
b. 
Block Length.
i. 
Residential. The length of a residential block shall not exceed 900 feet.
ii. 
Nonresidential. The length of a nonresidential block is not limited.
4. 
Driveway Standards. Proposed parcels shall be designed to accommodate driveways designed in compliance with Section 16.36.030 (Access—General).
D. 
Residential Density. The maximum number of dwelling units permitted within a proposed subdivision shall not exceed the density established by the General Plan for the site and the maximum number of dwelling units permitted on a net acre of land by the applicable zoning district by Division 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards). This may be further restricted by considerations of safety, traffic access or circulation, the physical suitability of the site, the nature or extent of existing development, the availability of public facilities, utilities, or open spaces or any other provision of this Development Code.
E. 
Wells and Septic Tanks. Any on-site wells and septic tanks shall be abandoned and destroyed before recordation of any final map or parcel map. Standards for abandonment and destruction shall be in compliance with the requirements of the San Joaquin County Department of Environmental Health.
F. 
Easements. No permanent structure(s) or utilities shall be allowed in an easement without the express permission of all who have a right to that easement.
G. 
Homeowner's Association.
1. 
The owners, developers, and/or successors-in-interest shall be responsible for the establishment of a Homeowner's Association and covenants, conditions, and restrictions (CC&Rs) for all single-unit subdivisions of five or more lots to maintain all landscaping, structures, and walls/fences on the private properties and common areas within the subdivision area.
a. 
The CC&Rs shall be subject to review and approval by the City Attorney and the Director before their recordation.
b. 
The owners, developers, and/or successors-in-interest shall be responsible for the recordation of the CC&Rs and payment of the recording expenses prior to or in conjunction with the recordation of any final map for the subdivision.
c. 
The City shall be declared to be a third-party beneficiary of the CC&Rs and shall be entitled, without obligation, to take appropriate legal action to enforce the CC&Rs.
2. 
Before the recordation of any small lot final map (or concurrently with the formation of a Homeowner's Association), the owners, developers, and/or successors-in-interest shall establish a maintenance entity acceptable to the City to provide funding for the maintenance of, and if necessary replacement at the end of the useful life of, improvements, including common area landscaping, parks, pocket parks, access lots, landscaping in the right-of-way, streetlights, soundwalls and/or back-up walls, and all "Improvements" serving, or for the special benefit of, this subdivision.
(Prior code § 16-355.080; Ord. 023-07 C.S. § 56; Ord. 001-08 C.S. § 16; Ord. 015-09 C.S., eff. 12-3-09; Ord. 2025-06-03-1601, 6/3/2025)

§ 16.72.085 Parks and public places.

A. 
Public Parks and Recreational Facilities.
1. 
Planning, Design, and Development. The City Landscape Architect shall be responsible for:
a. 
The planning, design, and development of the City's public parks, recreational and public facilities, and other public places; and
b. 
The supervision, direction and control of the planting, setting out, location, placement, removal, relocation and replacement of trees, shrubs, and other plants in public parks, recreational and public facilities, and other public places.
2. 
Maintenance. The maintenance of public parks shall be the responsibility of Public Works, in consultation with the City Landscape Architect.
3. 
Emergency Removal. In circumstances where the condition of a tree or shrub in a park or public place poses an immediate threat to health or safety or to property, as determined by the Public Works Director or designee, the tree or shrub may be removed by the City without a permit. Each removed tree shall be replaced by the City on at least a one-to-one basis. The location and size of the replacement tree or shrub shall be determined by the City Landscape Architect based on the available space and the size of the tree or shrub that is removed.
B. 
Rights-of-Way and Planting Easements.
1. 
The City Landscape Architect shall be responsible for the planning, removal, replacement, or relocation of any street tree in the City rights-of-way and planting easements in compliance with Sections 16.72.180 (Street trees) and 16.72.240(A)(1)(a) (Street trees).
2. 
A permit from the Director shall be required for anyone, including a utility company operating under a franchise granted by the City of Stockton, to trim, prune, plant, remove, replace, or relocate a tree within the City right-of-way or planting easement, except for regular maintenance by Public Works and for the following provided that it does not result in effective removal of the tree as defined in Division 8, Glossary:
a. 
Trimming branches of trees that interfere with:
i. 
The visibility of traffic signs, or
ii. 
The movement of pedestrians on sidewalks or vehicles on streets;
b. 
Removal of dead branches; and/or
c. 
Removal of mistletoe.
3. 
To obtain a permit:
a. 
A written request shall be addressed to the Director and shall clearly state the reasons for the request.
b. 
The Director may approve or deny the request and shall designate the following to trim, prune, plant, remove, replace, or relocate the tree:
i. 
The City; or
ii. 
The applicant subject to the approval of the City.
c. 
The Director's decision shall be based on:
i. 
Structural weakness;
ii. 
Disease and/or insect infestation;
iii. 
Destructive root system causing excessive damage to public and/or private improvements;
iv. 
Obstruction to a driveway or entrance-way;
v. 
Interference with the normal use and enjoyment of public and/or private property;
vi. 
The issuance of an encroachment permit by the City for sidewalk and curb improvements;
vii. 
The moving of a house;
viii. 
New construction.
d. 
The permit expires 30 days after the date of issuance.
e. 
If the request is for the benefit of the applicant, the cost shall be borne by the applicant.
f. 
Anyone who does not obtain a permit to trim, prune, plant, remove, replace, or relocate a tree or shrub shall pay a fine in compliance with the Council's fee resolution. All fines shall be used to purchase and plant replacement trees and shrubs in compliance with subsection (B)(4).
g. 
During the erection, repair, or alteration of any building or structure, all street trees in the right-of-way or planting easement shall be protected so as to prevent injury or damage to the tree during construction work.
4. 
The Director shall be responsible for the City's Official Street Tree Planting List composed of types and species of trees and shrubs that are suitable and desirable for planting, as well as the area and conditions appropriate for the planting of the trees and shrubs. All trees and shrubs planted in the right-of-way or planting easement shall be in compliance with the Official Street Tree Planting List, as revised from time to time.
5. 
Anyone who removes a street tree shall replace them on a one by one basis. The size of the replacement shall be determined by the Director based on the size of the tree that was removed, with the minimum size being a 15-gallon container stock. If possible, the replacement tree shall be planted on the same parcel as the tree that was removed; if not possible, it shall be planted in a City park or some other location determined by the Director.
C. 
Other Property. Property owners shall be responsible for the landscaping, removal, cutting, trimming, pruning, and general maintenance of any tree except a street tree in compliance with subsection B (Rights-of-way), Sections 16.72.180 (Street trees) and 16.72.240(A)(1)(a) (Landscaping), shrub, or other plant in a planting strip and/or public utility easement adjacent to the street right-of-way.
(Ord. 015-09 C.S., eff. 12-3-09)

§ 16.72.090 Grading, erosion, and sediment control.

New development shall be designed so that all proposed grading incorporates appropriate erosion and sediment control measures in compliance with Chapter 15.48 of the Municipal Code and the City's standard specifications and plans.
(Prior code § 16-355.100)

§ 16.72.100 Access, circulation, streets.

Proposed subdivisions shall be designed to provide adequate City street access from each new parcel in compliance with this section and Section 16.36.030 (Access—General). Streets shall be provided in compliance with the requirements of Section 16.72.120 (Street improvements).
A. 
General Access and Circulation Requirements. The subdivider shall provide a comprehensive street system, designed and constructed in compliance with this section, the City's standard specifications and plans, and with the Circulation Element of the General Plan.
1. 
Street design shall provide for safe vehicular operation at a specified design speed.
2. 
Public streets shall be required when:
a. 
The street is shown as an arterial or collector in the Circulation Element of the General Plan, or any other specific or precise plan;
b. 
The street will be used by the general public as a through access route; or
c. 
A public street is necessary for special needs including bus routes, public service access, bicycle routes, and pedestrian access.
3. 
Private streets are allowed only in compliance with subsection D of this section (Private streets).
B. 
Access. Access shall be provided as follows:
1. 
Access to Subdivision. Every subdivision shall be designed to have access to a public street. Access shall be provided:
a. 
The subdivision abutting a public street, where the length of the subdivision along the street, the street right-of-way, and the width of the right-of-way will accommodate the construction of all road improvements required by this section; or
b. 
The subdivision being connected either:
i. 
To a public street by a street/utility right-of-way easement where the right-of-way shall be:
(A) 
Offered for dedication;
(B) 
Unencumbered by any senior rights that might serve to restrict its proposed use; and
(C) 
Of a width and location to accommodate the construction of all improvements required by this chapter in compliance with the City's standards, specifications, and plans.
ii. 
By a private street or easement for street, utility, and appurtenant drainage facilities purposes, where the easement shall be:
(A) 
Offered for dedication as a public utility easement (PUE);
(B) 
Unencumbered by any senior rights that might serve to restrict its proposed use; and
(C) 
Of a width and location to accommodate the construction of all improvements required by this chapter in compliance with the City's standards, specifications, and plans.
2. 
Access to New Parcels. Parcels within a proposed subdivision shall be provided access as follows:
a. 
Street Access Required. Each parcel within a proposed subdivision shall be provided access by being located on an existing public street, a new public street, private street, or access easement designed and improved in compliance with subsection B of this section (Access). Private streets and alleys shall be allowed in compliance with subsection D of this section (Private streets).
b. 
Access Denial. When a State highway or a street classified as a major or minor arterial or collector in the Circulation Element of the General Plan passes through or abuts a proposed residential subdivision, direct access to the highway or street, as defined above, shall not be permitted to serve proposed parcels. Access rights shall be dedicated to the State or City, as appropriate, where required to control access over certain lot lines. See Section 16.72.060 (Dedications and exactions) for dedication requirements.
c. 
Frontage Roads. When lots are proposed to front on a major arterial or State highway, the Review Authority may require the subdivider to dedicate and improve a service or frontage road separate from the arterial or highway.
d. 
Alleys. Alleys may be proposed as private facilities only, subject to the requirements of subsection B of this section (Access) and subsection D of this section (Private streets) and at least 25 feet wide.
C. 
Design and Improvement of Proposed Streets. New streets proposed or required within a new subdivision or adjacent to a new subdivision shall be located and designed as follows, and in compliance with the City's improvement standards.
1. 
Alignment. The alignment of streets shown on a tentative map shall be:
a. 
Consistent with the Circulation Element of the General Plan, where applicable;
b. 
Consistent with any applicable master development plan, precise road plan, or specific plan; and
c. 
Located to be in alignment with existing adjacent streets by continuation of their centerlines, or by adjustments by curves.
2. 
Right-of-Way and Surfaced Width. The width of the right-of-way and improved surface of streets shown on a tentative map shall be as provided by the City's improvement standards.
3. 
Access to Unsubdivided Property. When a proposed subdivision abuts vacant land that is designated by the General Plan for future subdivision and development, the Review Authority may require that streets that will be constructed within the proposed subdivision be extended to the boundary of the property to provide access to the future development.
4. 
Improvements to Existing Streets. When an existing City street provides access to, passes through, or is contiguous with a proposed subdivision, the Review Authority may require dedication of additional right-of-way and/or improvements in compliance with the General Plan.
5. 
Length of Cul-de-Sacs and Temporary Dead-End Stub Streets. The maximum length of a cul-de-sac or temporary dead-end stub street shall be 500 feet from the first intersecting through-street, except in the case of industrially zoned and developed property where the maximum length may be 1,000 feet and shall be subject to increased width standards as identified in the City's improvement standards.
6. 
Major Collectors and Minor/Major Arterials. The following shall apply to property located adjacent to major collectors and minor/major arterials:
a. 
Neighborhood and smaller parks and elementary schools shall not be located adjacent to major collectors and minor/major arterials; and
b. 
The following lots shall not have direct access to a major collector or minor/major arterial:
i. 
Lots located on the inside or outside of a curve of a road that is determined by the City Engineer to be inappropriate for direct access, and
ii. 
Lots located across the street from the side of the school property that provides access to the school.
7. 
Intersections. Intersections shall not be located on the curve of a road that is determined by the City Engineer to be inappropriate for an intersection.
D. 
Private Streets. Private streets and alleys are allowed as follows. Private streets shall not be permitted except where the Commission determines that a private street system will adequately serve the proposed subdivision, will not be a substantial detriment to adjoining properties and will not disrupt or prevent the establishment of an orderly circulation system in the vicinity of the subdivision.
1. 
Maintenance Requirements. Provisions satisfactory to the City Engineer shall be made for a homeowner's association or other organization to assume responsibility for the maintenance of private streets.
2. 
Design and Improvement Standards. Private streets shall be designed and improved in compliance with City standards for a structural cross-section.
3. 
Security and Conditions. The Commission may require any guarantees and conditions it deems necessary to carry out the provisions of this Development Code pertaining to private roads. Private streets and easements providing access to parcels within a subdivision shall be located and shown on the parcel or final map.
E. 
Alternative Circulation Systems. Proposed subdivisions shall be designed and improved to provide rights-of-way and improvements for pedestrian paths, bikeways, and multiple use trails consistent with the Circulation Element of the General Plan, master development plans, precise road plans, specific plans, and/or other applicable General Plan provisions.
F. 
Waterway Access. A proposed subdivision that fronts upon a river, stream, or other public waterway shall be designed and improved to provide public access to the water in compliance with the Map Act Sections 66478.4, 66478.5, and 66478.6.
(Prior code § 16-355.110; Ord. 023-07 C.S. §§ 57, 58)

§ 16.72.110 Street improvements.

A. 
General Requirements. The developer shall be responsible for complete street improvements for streets of 144 feet right-of-way (flared to 155 feet at major intersections) and less. In compliance with the City's standard specifications and plans, the improvements shall consist of, but not be limited to, the following:
1. 
Curb, gutter, and sidewalk along street frontages;
2. 
Replacement of broken or displaced curb, gutter, and sidewalk;
3. 
Replacement of unnecessary driveways with curb, gutter, and sidewalk;
4. 
Wheelchair ramps at curb returns;
5. 
Pavement sections on new streets;
6. 
Improvements to, or construction of, interchanges with State highways;
7. 
On existing streets within the subdivision or development, the existing pavement shall be overlaid or reconstructed as directed by the City Engineer to handle the projected traffic;
8. 
On peripheral streets, the existing pavement shall be overlaid or reconstructed to the centerline of the street as directed by the City Engineer, to accommodate the projected traffic, and the curb, gutter, and sidewalk installed;
9. 
Streets shall be widened in compliance with the specific plan, precise road plan, or master development plan, and the existing pavement shall be overlaid or reconstructed to accommodate the projected traffic;
10. 
Fences;
11. 
Landscaped parkways;
12. 
Tree wells and sprinkler system;
13. 
Street lighting; and
14. 
Street signs.
B. 
Rights-of-Way Wider than 144 Feet.
1. 
City Responsibilities. On streets with rights-of-way wider than 144 feet (flared to 155 feet at major intersections), the City may be wholly or in part responsible for the construction of the following:
a. 
Median;
b. 
Median landscaping;
c. 
Median channelization at street intersections;
d. 
Pavement section for center portion of street in excess of 134 feet right-of-way, except where the City, its predecessors or assigns have previously constructed a portion of the street. In this case the City shall consider these existing street improvements as partial or full credit toward the City's responsibility for pavement construction.
2. 
Developer Responsibilities. The developer shall be responsible for the improvements outlined in subsection A of this section (General requirements), and the following:
a. 
Median street lighting for streets within the development; and
b. 
Median street lighting on peripheral streets. The City shall pay 50 percent of the cost when the opposite side of the street is completely developed. If the opposite side of the street is not completely developed, the City would establish an area of benefit to reimburse the developer. The City shall pay the proportionate share of the developed parcels.
C. 
Streets Adjacent to City-Owned Sites. Where a park site or other City-owned site lies within a proposed development, the developer shall construct the street adjacent to the site including all required improvements. The City shall be responsible for the following engineering and construction costs of the street adjacent to the site:
1. 
Curb, gutter, and sidewalk; (see below)
2. 
Wheelchair ramps at curb returns;
3. 
Excavation and compaction to centerline of the street;
4. 
Pavement section to centerline of the street;
5. 
Catch basins and laterals;
6. 
Sanitary sewer, storm drain, and water service laterals; and
7. 
50 percent of the street lighting.
On park sites, the developer shall be credited for the cost of these improvements as a portion of their park land fee or may be reimbursed from the park land fee collected from other development within the same park service area. On other City-owned sites, the City shall reimburse the developer upon completion and acceptance of the improvements. Park sites shall have vertical curb with gutter, and the City Landscape Architect should be consulted regarding the need for installing any sidewalks.
(Prior code § 16-355.120; Ord. 023-07 C.S. § 59)

§ 16.72.120 Bridges.

A. 
Existing Bridges. The developer shall be responsible for the full cost of widening existing bridges to conform to the street improvements.
B. 
New Bridges. The developer shall be responsible for the full cost of bridges within the development. On peripheral streets and bridges adjacent to the development, the developer shall initially be responsible for the full cost of the bridges, and the developer may request the City to attempt to form an Area of Benefit to reimburse the developer a proportionate share of the cost.
(Prior code § 16-355.130)

§ 16.72.125 Encroachment permit.

A. 
Permit. All excavations, construction, maintenance, and/or repairs in a public street, alley, or other public place in the City shall require an encroachment permit from the Director. Everyone, including any Department of the City or other governmental agency or authority, is required to obtain an encroachment permit to excavate/perform work in the public streets, alleys, or other public place in the City.
B. 
Definitions.
Conduit
means a pipe or tube through which water, wastewater or gas is conveyed, or which is used to protect electrical or communications cables.
Department
means Community Development Department unless otherwise indicated.
Director
means Community Development Department Director, unless otherwise indicated.
Facility
means any tangible asset in public rights-of-way required to provide utility service. Includes any and all cables, cabinets, ducts, conduits, converters, equipment, drains, handholds, manholes, pipes, pipelines, splice boxes, surface location markers, tracks, tunnels, utilities, vaults, and other appurtenances or tangible things owned, leased, operated, or licensed by an owner or person that are located or are proposed to be located in public rights-of-way.
Public Rights-of-Way
means the areas across, along, beneath, in, on, over (above), under, upon, and within the dedicated public alleys, boulevards, bridges, courts, lanes, roads, sidewalks, spaces, streets, and tunnels.
Public Works Department
means the Public Works Department or any successor City agency that is responsible for managing access to and use of public rights-of-way.
Restoration
means the process by which public rights-of-way and surrounding areas, including, but not limited to, pavement and foundations, are returned to the same or better condition than existed before permitted activities.
Trench
means a form of excavation to install underground infrastructure or utilities such as fiber optic cables, gas or water mains, or electric lines.
Utility Service
includes those services provided by a public utility as defined under applicable California statutes.
C. 
Application Filing, Processing, and Decision.
1. 
Filing. An application for an encroachment permit shall be completed and filed with the Department. Applications must include the following information:
a. 
Location.
b. 
Description of work.
c. 
Compliance with the Completion of Work requirement of Stockton Municipal Code Section 16.72.125(E).
d. 
Compliance with Annual Utility Work Plan filing requirements of Stockton Municipal Code Section 16.72.125(F)(2).
e. 
Compliance with the Coordination and Scheduling requirements of Stockton Municipal Code Section 16.72.125(G).
2. 
Excavation.
a. 
Backfilling the Excavation. Following completion of the excavation, the excavation site shall be backfilled with materials and compacted in compliance with the City of Stockton Standard Specifications and Plans.
b. 
Barrier.
i. 
From the commencement of the excavation until the excavation has been completed and properly refilled and compacted, a substantial barrier shall be positioned around the excavation site. Lights shall be placed at the beginning and end and along the length of the barrier no more than 50 feet apart; the lights shall be on from sunset to sunrise. The material of the barrier and the lighting shall be approved by the Director of Public Works.
ii. 
It is unlawful to interfere with a barrier or to travel on any street paving or repairs protected by a barrier.
3. 
Authority. Each application shall be analyzed by the Director for completeness and a decision rendered.
4. 
Denial. The Director may deny or refuse to issue an Encroachment Permit under the following conditions:
a. 
When the Director finds that the work specified in the Encroachment Permit will be detrimental to the public health, safety, or welfare; and
b. 
When the Director finds that the applicant has failed to comply with the requirements of Stockton Municipal Code Section 16.72.125(C)(1).
D. 
Fees. The permittee, including any Department of the City, or other governmental agency to the extent permitted by law, shall pay the City an encroachment permit fee and reimburse the City for the costs of permit plan check, issuance, and inspection, as required by the Council's fee resolution.
E. 
Completion of Work.
1. 
Time. Work on the permitted activity shall proceed with due diligence, and limit any obstruction of the street, sidewalk, alley or other public place. If there is a lack of progress or, in the opinion of the Director of Public Works, a failure to comply with the terms of the encroachment permit, the Director of Public Works shall notify the permittee of the requirement to complete the work in a timely manner.
Failure to comply with the notice shall result in the Director of Public Works having the work completed at the expense of the permittee. The notice shall be either personally served or served by leaving it at the residence or place of business of the permittee, or if the permittee or their address is unknown or the address outside the City, the notice may be served by depositing it in the United States Post Office, postage prepaid, addressed to the permittee.
2. 
Supervision and Inspection. All permitted activities, including excavations and backfilling of excavations, made or done under this section shall be under the supervision and direction of the Director of Public Works.
3. 
Standard Specifications. All work performed under an approved encroachment permit shall comply with the Section 100 of the City of Stockton's Standard Specifications and Plans.
F. 
Utilities. An applicant for an encroachment permit under this section for the placement of underground conduit in, along, across, or through public rights-of-way shall comply with the requirements of this section.
1. 
Pipes and Mains. It is unlawful and a misdemeanor for any person, firm, or corporation to lay any gas or water surface pipe or main pipe, or sewer, or any drain or other conduit in any street or other public place which is less than three feet below the established grade of the gutter of the street or alley, or less than two feet below the surface of any other public place in the City, as approved by the Public Works Department.
2. 
Annual Utility Work Plan. Any utility owning, operating or installing in public rights-of-way facilities providing water, sewer, gas, electric, communication, video or other utility services, shall prepare and submit to the Director of Public Works an annual utility work plan, in a format specified by the Director of Public Works, that shows the location of the utility's existing facilities in public rights-of-way, and shows all of the utility's planned utility work in public rights-of-way for the next year to the extent known. Utilities shall submit an initial annual utility work plan no later than 180 days after the effective date of the ordinance adopting this section. Thereafter, each utility shall submit annually, on the first regular business day of August, a revised and updated annual utility work plan. A utility may extend its deadline to submit its annual utility work plan by submitting written notice to the Director of Public Works of the reason of the delay within 30 days from the original deadline.
3. 
Roadway Maintenance. Each year, the Director of Public Works shall notify the utilities of the roads and streets selected for resurfacing and other capital projects that the City is performing in public rights-of-way or any other large-scale maintenance activities performed by the City (the "annual pavement maintenance list"). Any utility or public agency may mail written notice to the Director of Public Works of their intention to excavate in public rights-of-way that have been identified in the annual pavement maintenance list by identifying the location and dimensions of the planned excavation and the estimated commencement and completion dates of the work. The date of completion of the planned excavation shall be no later than three years after the date of notice of the annual pavement maintenance list. The notice of intention to excavate shall be mailed not more than 60 days after mailing of the annual pavement maintenance list. After receipt of a timely notice, the City may delay any anticipated repaving of the affected public rights-of-way to a date after the planned excavation.
G. 
Coordination and Scheduling.
1. 
Meet and Confer. Prior to applying for an encroachment permit, any person planning to excavate in the public right-of-way in excess of 300 lineal feet, shall review the annual utility work plans and the City's roadway maintenance list on file with the Director of Public Works and shall coordinate, to the extent practicable, with the utility and street work shown on such plans to minimize damage to, and avoid undue disruption and interference with, the use of public rights-of-way.
Such coordination shall include the provision that whenever two or more parties (e.g., the City or any applicant) have proposed a excavation in the same block, they shall meet and confer with the Public Works Department regarding whether it is feasible to conduct a joint operation excavation.
2. 
Anticipated Project Plan. In order to encourage coordination of excavation and pavement scheduling and planning between the City and excavators, the City shall update at least annually its anticipated project plans. The anticipated project plans shall also identify the public rights-of-way which are subject to moratorium provisions, and the moratorium expiration date for each such rights-of-way. A copy of the anticipated public rights-of-way which are then subject to the moratorium provisions of project plans shall be available for review at the Department of Public Works by any interested person. All currently observed moratoriums of general applicability will be applicable to wireless communication providers, only when such moratoriums do not unreasonably or indefinitely delay deployment and are competitively neutral. However, all street restoration shall conform to Section 100 of the City of Stockton's Standard Specifications and Plans.
3. 
Utility Coordination Group. The Director of Public Works shall conduct a utility coordination group meeting at least once each year at which time utilities and public agencies and other interested parties may meet to coordinate excavation and project schedules. The Director of Public Works shall maintain a list of those requesting notice of the working group meeting, and, at least 30 days prior to the meeting date, shall mail notice of the time and location of the meeting to each person who has requested notice. If the initial working group meeting is not completed on the designated meeting date, the meeting may continue on a subsequent date as the Director of Public Works announces at the end of the first meeting.
4. 
Spare Conduits. To avoid future excavations and to reduce the number of street excavations, telecommunication companies shall be requested, when practical, to allow installation of spare conduits by other entities.
(Ord. 015-09 C.S., eff. 12-3-09; Ord. 2021-07-27-1602 C.S. § 3)

§ 16.72.127 Revocable permit.

A revocable permit shall be required to construct or maintain any planter, sidewalk café, monument, wall, fence, structure, utility, or any object over, on, or under any public right-of-way owned or controlled by the City, unless allowed under terms of a valid state or local franchise or maintenance agreement.
A. 
Application.
1. 
An applicant shall apply to the Director for a revocable permit. Applications shall be filed with the Department and shall be accompanied by the fee required by the Council's fee resolution.
2. 
If an application is denied, the applicant may appeal to the Manager within 10 days; the Manager's decision shall be final.
B. 
Standards. All revocable permits shall be subject to the "Standard Conditions Applicable to Revocable Permits" adopted by Council resolution. The Director may add additional conditions; if the applicant disagrees with these conditions, the applicant may appeal the Director's decision to the Manager by submitting a written appeal that is accompanied by the fee required by the Council's fee resolution within 10 days, the decision of the Manager shall be final.
C. 
Revocation. A revocable permit may be revoked by the Director, at the Director's discretion, after a 30 day notice to the permittee. If the permittee fails to respond after 30 days, the Director may revoke the permit at the expense of the permittee.
(Ord. 015-09 C.S., eff. 12-3-09)

§ 16.72.130 Railroad crossings.

Railroad crossings shall be constructed in compliance with the standards of the State Public Utilities Commission. The developer shall submit all documents incident to an application to the Commission.
A. 
New and Existing Crossings.
1. 
For new and existing railroad crossings within, or on peripheral streets contiguous to nonresidential development, the developer shall be responsible for a proportionate share of the cost of relocating and upgrading existing crossings, and constructing new crossings, to conform to the street improvements.
2. 
For new residential development contiguous to or containing an existing or new at-grade crossing, the developer shall be responsible to upgrade the crossing to quiet zone standards of the Federal Railroad Administration, unless the at-grade crossing will be grade separated in the future as defined in the Circulation Element of the General Plan, in which case the upgrading to quiet zone standards will not be required.
B. 
Future Crossings. Where the crossing is not constructed because the street is nonexistent on the other side of the railroad, the developer shall pay his or her proportionate share of the crossing cost before approval of the map, or issuance of the building permit for single-lot development. A separate fund shall be established and money in the fund shall be expended solely for the construction of the crossing. The fund shall also accrue interest to offset increased future project costs. If the crossing is within or on peripheral streets contiguous to a residential development, the project cost shall include compliance with quiet zone standards.
C. 
Area of Benefit. If the crossing improvements benefit other areas, the developer may request the formation of an area of benefit (Section 16.72.050) to reimburse the developer a proportionate share of the cost.
(Prior code § 16-355.140; Ord. 023-07 C.S. § 60)

§ 16.72.140 Traffic signals.

The developer shall pay to the City the traffic signal development fee and construct the traffic signal improvements as outlined in this section.
A. 
Applicability. The traffic signal fee required by this chapter is an exercise of the City's police powers and shall not be in lieu of any other contribution of funds or construction of traffic signals.
B. 
Traffic Signal Fee.
1. 
Purpose and Intent. It is hereby found and determined that the public interest, convenience, health, welfare, and safety require that developers share in the cost of traffic signals. The need for traffic signals is related to development, whether or not a location of a traffic signal is immediately adjacent to a development. Each land development would generate additional traffic in the vicinity of the development and City-wide that would contribute to degradation in traffic safety and mobility. Further, the installation of warranted traffic signal systems can provide for increased traffic safety and mobility by reducing the frequency of certain types of accidents, by providing an interruption to main street traffic when a demand is detected to the cross street, and by allowing a constant flow of vehicular traffic through several intersections.
2. 
Standards. The traffic signal fee shall be computed using the formula: the average total daily trip ends generated by the development or the increase in trips generated by redevelopment or structure modifications multiplied by the total traffic signal cost divided by the traffic signal volume warrant factor. The amount of the fee shall be as set and established from time to time by Council resolution.
a. 
The average daily trip generation factor for each development shall be determined by the City Engineer from a resolution of the Council adopting a traffic signal fee schedule for all developments in the City. For any structure type not listed, the City Engineer shall determine the most comparable trip generation factor. The City Engineer may recommend adjustment or modification of the trip generation factors listed in Exhibit A of resolution establishing the fee schedule for traffic signals, when deemed necessary.
b. 
The total trips generated shall equal the trip generation factor multiplied by the total structure units.
c. 
The base fee shall be adjusted after a duly noticed public hearing at the time the City budget is adopted, utilizing the current Construction Cost Index (U.S. 20 cities average) published by the Engineering News Record. This adjustment shall be applied concurrently with the annual fee adoption.
d. 
The total traffic signal cost shall include costs of preparing plans and specifications, plus costs of construction engineering, plus the construction cost of traffic signal installations in the City as determined by the City Engineer.
e. 
The traffic signal volume warrant factor shall equal the total volume of the State minimum vehicular volume warrant for traffic signals for urban conditions.
3. 
Payment. A fee for the development of traffic signals shall be paid by all developers at the time a building permit is issued. This fee shall apply to all new developments and any redevelopment or structure modification, which has the potential to increase the site's traffic generation by 10 percent or more.
a. 
The developer or permittee shall deposit the identified traffic signal fee in cash with the City.
b. 
The traffic signal fee shall be deposited by the City into accounts as follows:
i. 
70 percent of the fee is to be used exclusively for the construction of new traffic signal systems or for modifying existing traffic signal systems in the zone where the allowed project is located;
ii. 
30 percent of the fee is to be used exclusively to supplement zone accounts, when needed for construction of new traffic signal systems or for modifying existing traffic signal systems City-wide. The zones shall be as shown on the traffic signal fee schedule.
C. 
Traffic Signal Improvements. The developer shall be responsible for the following traffic signal improvements:
1. 
Relocation and/or modifications of existing traffic signals to conform to street improvements to be constructed by the developer;
2. 
Traffic signals within the development shall be installed when warrants are met or when required by the City Engineer;
3. 
Conduits, pull boxes, and foundations for future traffic signals within or adjacent to the development to facilitate future traffic signal construction and to minimize street excavation;
4. 
Traffic signals to mitigate the adverse environmental impacts of the development shall be located within the sphere of influence of the development; and
5. 
Interconnection conduits and pull boxes and cabling to the City's traffic signal system as determined by the City Engineer.
D. 
Security. The developer shall be required to provide security for traffic signal improvements before approval of the map, or issuance of the building permit for single-lot development.
E. 
Area of Benefit. If traffic signal improvements benefit other areas, the developer may request the formation of an area of benefit to reimburse the developer a proportionate share of the cost in compliance with Section 16.72.050 (Area of benefit).
(Prior code § 16-355.150; Ord. 023-07 C.S. § 61)

§ 16.72.150 Street lighting.

A proposed subdivision shall incorporate street lighting facilities determined by the Review Authority to be consistent with the character of the area and the needs of public safety. The developer shall furnish, install, and dedicate to the City the street lights and standards and wiring to the standards from a terminal supply and shall be governed as to their location and installation by the standard plans and specifications. The developer shall also pay Pacific Gas & Electric connection charges.
A. 
Existing Street Lights. Existing street lights on wooden poles shall not be used in fulfilling the requirement for street lights. The developer shall be required to install standard street lights. The City shall be responsible for the removal of the street lights on the wooden poles.
B. 
Median Street Lighting. The developer shall be responsible for all the median street lighting for streets within the development. Median street lighting on peripheral streets shall be installed by the developer. The City will pay 50 percent of the cost when the opposite side of the street is completely developed. If the opposite side of the street is not completely developed, the developer may request that the City establish an Area of Benefit to reimburse the developer. The City would pay the proportionate share of the developed parcels.
C. 
In Lieu Fee. The following requirements apply to subdivisions of four or fewer parcels, single-lot developments on unimproved lots, and single-lot developments that increase existing nonresidential floor space by 10 percent or more. Increases in nonresidential floor space of less than 10 percent and addition(s) to, or remodel(s) of, an existing single-family residence or existing multifamily residence that does not increase the dwelling occupancy are exempt from the following requirements:
1. 
The developer may, in lieu of installing street lights required by this chapter, pay a fee based on the estimated proportionate cost for the installation.
2. 
For the purposes of this section, "existing floor space" is defined as usable space for nonresidential development.
3. 
The fee shall be established by Council resolution and shall be due and payable before or upon the issuance of a building permit.
(Prior code § 16-355.160)

§ 16.72.160 Street names.

A. 
Street Naming Standards. All streets within a proposed subdivision shall be named in compliance with the following:
1. 
Designations. The following designations with the accompanying acceptable abbreviations for sign making, mapping, and recordkeeping purposes shall apply to:
a. 
Arterials and Collectors. Arterials and collectors shall be designated as:
i. 
Street (St);
ii. 
Avenue (Ave);
iii. 
Boulevard (Blvd);
iv. 
Drive (Dr);
v. 
Road (Rd).
b. 
Local Streets.
i. 
Circular or Loop Streets. Circular or loop streets shall be designated as "Circles." In instances where there is more than one access point from different streets to the loop street, only one of the access points shall be designated as "Circle."
ii. 
Cul-de-Sacs. Cul-de-sacs shall be designated as "Place" (Pl), "Point" (Pt), or "Court" (Ct).
iii. 
Other. All other local streets shall be designated as "Street" (St), "Road" (Rd), "Way" (Wy), or "Lane" (Ln).
2. 
Frontage Road. Frontage roads shall bear the identical designation as the main traveled way except when the main traveled way is a designated State or Federal route, names shall be designated for the frontage roads.
3. 
Cul-de-Sacs. Only one cul-de-sac may retain the name of the street that provides sole access. All cul-de-sacs, regardless of length, shall be named. In instances where there is more than one cul-de-sac off of the same street, the names selected for the cul-de-sacs shall be in alphabetical sequence utilizing the street numbering sequence as a guide. Cul-de-sac endings of a street, regardless of depth, shall bear the name of that street.
4. 
Circles. Where a segment of the circle is in alignment with an existing street, the circle shall not be designated as the extension of the existing street.
5. 
Alleys. Alleys shall not be named, except in those cases where a lot lacks access to a public or private street and it is approved by the DRC and the Director.
6. 
Extensions/Continuations. Extensions or continuations of existing rights-of-way shall bear the same name as the existing roadway.
7. 
Direction Change. Where a through street makes a distinguishable change in direction and cannot be considered a circle or continuous street with no other access or intervening roadways, separate names shall be employed.
8. 
Split Streets. Where the continuation of the through street is restricted by design so as to be split into separate sections, the roadway shall not retain its identity for each separate section. Separate and different names shall be designated for the various lengths of the roadway.
9. 
Prohibited Names. The following street names shall not be allowed:
a. 
Duplicated Names. Names for new streets shall not duplicate existing or platted street names within the Stockton metropolitan area unless a new street is a continuation of, or in alignment with, the existing platted street. Sound-a-likes shall constitute a duplication. A change in the designation (i.e., Street to Avenue, Drive to Way, Place to Court, etc.) is not acceptable and constitutes a duplication.
b. 
Compass Designation. Compass designation (i.e., north, south, east or west) shall not be acceptable as part of a street name (i.e., Westdale or Eastridge). In addition, using combinations of alpha characters or initials (i.e., E.T., TTY, LLM, etc.) or letter and number combinations (i.e., 1A or B5) will not be acceptable as street names.
10. 
Length of Name. New street names shall not exceed 11 letters, excluding prefix and street type designation, in keeping with the "c" series adopted by the City for sign making purposes.
11. 
Private Streets. Private streets maintained by homeowners' associations shall also adhere to the adopted street naming policy.
12. 
Themes. Street names for new subdivisions with an extensive street system shall, as much as reasonably possible, contain a theme. Use of local historical names is encouraged.
13. 
Names of People. New streets utilizing names of persons shall be restricted to use of last names and/or use of first names. Initials are expressly prohibited.
B. 
Review Authority. Street names shall be approved by the Director. In the event the application for a street name(s) requires clarification or a determination of consistency with the street naming standards, the DRC shall review the proposal and make a recommendation to the Director. The Director's decision may be appealed to the Planning Commission.
(Prior code § 16-355.170; Ord. 023-07 C.S. § 62)

§ 16.72.170 Street signs.

Before the approval of a map or issuance of a building permit, the developer shall pay to the City the sum required by Council resolution for each street sign to be installed and maintained by the City as required for the development. When only a part of an intersection requiring a street sign is within, or contiguous to the development, the fee shall be proportional to the number of corners of the intersection that is within, or contiguous to the development.
(Prior code § 16-355.180)

§ 16.72.180 Street trees.

A. 
Street Tree Planting Security. Before the approval of the final map or issuance of a building permit, the developer shall provide street tree planting security to the City by paying the sum required by Council resolution or providing a letter of credit or a performance bond, either of which equal to 125 percent of the sum, for each street tree to be planted in a tree well and/or on a residential lot. The number, location, and type of tree shall be determined by the Director. The purpose for this requirement is to provide security for the cost of furnishing, locating, planting, and fertilizing street trees. Street trees shall be planted and maintained by the developer in compliance with subsection B (Developer installation of trees) until a permanent irrigation system is installed and operational.
B. 
Developer Installation of Trees. The developer shall plant those street trees that are located in median strips and adjacent to back-up fences along major arterials, in tree wells and within the City right-of-way or planting easement adjacent to residential lots in compliance with the following:
1. 
Prepare and submit landscape construction plans prepared by a licensed landscape architect showing all proposed landscaping, street trees, and irrigation to be installed with preference given to drought tolerant plant species, to the satisfaction of the City Landscape Architect;
2. 
Install all street trees and all landscaping in medians and along back-up fences per approved plans before acceptance of subdivision improvements;
3. 
Establish a maintenance entity acceptable to the City for the ongoing care, maintenance, and/or replacement of street trees and the installed improvements in the median and along back-up fences; and
4. 
Install street trees in compliance with subsection C (Street tree standards).
C. 
Street Tree Standards.
1. 
Location. Trees shall be planted per City standard plans and specifications and located within 10 feet of the back of curb, or six feet from the back of sidewalk unless tree wells and irrigation have been provided in compliance with the standard plans and specifications. Tree wells shall be located no closer than 25 feet from any street light.
2. 
Care.
a. 
Developers shall provide proper watering until a permanent irrigation system is installed and in operation.
b. 
Property owners may care for the street trees located adjacent to their property.
3. 
Tree Wells. Where the City requires a sidewalk with tree wells:
a. 
The developer shall provide street tree planting security;
b. 
The Developer shall be responsible for planting the tree(s) as well as constructing the tree well(s) in accordance with approved plans; and
c. 
Tree wells shall have a minimum four foot by four foot opening. Larger tree wells are encouraged wherever feasible. Where the overall width of the sidewalk does not allow a minimum four foot clear travel way adjacent to tree wells, tree well grates may be required by the City Engineer. The type of grate and method of installation is subject to approval by the City Engineer and the City Landscape Architect.
D. 
Release of Security. The Director shall authorize the release of the performance security or portion thereof upon the fulfillment of the above requirements and the acceptance of the landscape improvements.
E. 
Street Tree List. The Director shall be responsible for the City's Official Street Tree Planting List composed of types and species of trees that are suitable and desirable for planting, as well as the area and conditions appropriate for the planting of the trees, and for the designation of the type and species of street tree for a specific street. All street trees shall be in compliance with the Official Street Tree Planting List, as revised from time to time.
F. 
Rules and Regulations. The planting of street trees shall be in compliance with the most current Department handout for street trees and trees planted in a City right-of-way or public utility easement.
G. 
Permit. A permit from the Director shall be required for anyone, including a utility company operating under a franchise granted by the City of Stockton, to plant or remove a street tree in compliance with Chapter 16.162 (Street Tree Permit). The tree shall be planted in compliance with subsection C (Street tree standards). A permit shall not be required for the planting of trees in compliance with a plan approved by the City Parks Facility Planner/Landscape Architect for a City capital improvement project or volunteer project, for the emergency removal of trees by the City, or for regular maintenance by Public Works.
(Prior code § 16-355.190; Ord. 015-09 C.S., eff. 12-3-09; Ord. 011-11 C.S. § 1, eff. 10-27-11)

§ 16.72.190 Drainage canals.

Whenever a development interrupts the natural flow of surface water, or if the leveling of land or the installation of improved streets changes the natural flow of water, the developer shall construct facilities, which would adequately provide for the standard design flow of water through or around the development to the satisfaction and approval of the City Engineer.
(Prior code § 16-355.200)

§ 16.72.200 Storm drainage facilities.

Stormwater runoff from a development shall be collected and conveyed by an approved storm drain system and shall include conveyance to the point of terminal discharge. The storm drain system shall be designed for ultimate development of the drainage area. The storm drain facilities shall provide for the protection of abutting and off-site properties that would be adversely affected by any increase in runoff attributed to the development; off-site storm drain improvements may be required to satisfy this requirement.
A. 
Open Land Development.
1. 
50 Percent or More of Delineated Area. Whenever a developer proposes a development that exceeds 50 percent of the developed area within a delineated drainage area:
a. 
The developer shall:
i. 
Design and submit for approval of the City Engineer and Municipal Utilities Director a drainage plan for the entire delineated drainage area. The design shall essentially conform to the City drainage plan for the area in which the development lies;
ii. 
Construct the internal collection system for the development including without limitation all branches, laterals, catch basins and trunk lines; and
iii. 
Concurrently with the first unit of the subdivision construct the outfall works and over-sized trunk lines to a sufficient size and capacity, as determined by the City Engineer, to handle the drainage generated by all potential upstream users within the delineated drainage area.
b. 
The developer may request that an area of benefit be formed to reimburse the developer for the cost of the drainage improvements equal to the difference between the amount it would have cost the developer to install the improvements to serve the development only and the actual cost of the improvements (e.g., the cost of drainage improvements which were oversized to handle drainage from upstream users).
2. 
Less Than 50 Percent of Delineated Area. Whenever a developer proposes a development that does not exceed 50 percent of the developed area within a delineated drainage area:
a. 
The developer shall:
i. 
Design and submit for approval of the City Engineer a drainage plan for the entire delineated drainage area. The design shall essentially conform to the City drainage plan for the area in which the development lies;
ii. 
Construct the internal collection system for the development including without limitation all branches, laterals, catch basins, and trunk lines;
iii. 
Construct internal oversized trunk lines of sufficient size and capacity as determined by the City Engineer to handle drainage generated by all potential upstream users within the delineated drainage area; and
iv. 
Concurrently with the first unit of the subdivision, design and construct an interim terminal drainage facility, approved by the City Engineer, of sufficient size and capacity to handle internal drainage as well as that of all potential upstream users within the delineated drainage basin.
b. 
The developer may request that an area of benefit be formed to reimburse the developer a proportionate share of the interim terminal drainage facility cost equal to the difference between the amount it would have cost to serve the development only and the actual cost of the improvements (e.g., the cost of interim terminal drainage facility improvements which were oversized to handle drainage from future upstream users).
3. 
Area of Benefit. The developer may request that an area of benefit be formed for the delineated drainage area. The cost would include the major storm drain lines and the outfall works for the entire delineated drainage area. The developer would pay the area of benefit fee for the entire development minus credits for any portion of the major storm drain lines and outfall works installed. Whenever the credits exceed the area of benefit fee, the City would reimburse the developer from subsequent payments.
B. 
Infill Development. Whenever a developer proposes the construction of improvements on land for which no tentative or final map is required, and where the land is either not served with drainage facilities, or the facilities are inadequate, or where the facilities have already been constructed by an advance of money from the general fund secured by monies to be collected and paid into an "area of benefit" fund, the developer shall:
1. 
Be assessed and required to pay an area of benefit fee for the entire development for the prorated share of the estimated or actual cost of the major storm drain lines and the outfall works;
2. 
Make provisions and construct on-site facilities necessary to handle on-site drainage on an interim basis (until the time that a permanent drainage facility is established for the delineated drainage area) in a manner satisfactory to and approved by the City Engineer;
3. 
Dedicate easements and rights-of-way as may be required by the City Engineer to accommodate the future permanent drainage facility planned for the delineated drainage areas;
4. 
Enter into an agreement with the City to connect to the permanent drainage facility when it is available. The agreement shall be approved by the City Engineer and shall provide that:
a. 
Construction shall commence within 90 days of the receipt of the notice to proceed from the City;
b. 
In the event of default by the owner, developer, and/or successors-in-interest, the City is authorized to cause the construction to be done and charge the entire cost and expense to the owners, developers, and/or successors-in-interest, including interest from the date of notice of the cost and expense until paid;
c. 
The agreement shall be recorded in the office of the County Recorder at the expense of the owner and shall constitute notice to all successors-in-interest of the title to the real property of the obligation set forth, and also a lien in an amount to fully reimburse the City, including interest as above, subject to foreclosure in event of default in payment.
d. 
In the event of litigation occasioned by any default of the owner, successors or assigns, the owners, developers, and/or successors-in-interest agree to pay all costs involved, including reasonable attorney's fees, and that the same shall become a part of the lien against the real property; and
e. 
The term "owner" shall include not only the present owner but also heirs, successors, executors, administrators and assigns, it being the intent of the parties that the obligations undertaken shall run with the real property and constitutes a lien against it.
C. 
Pump Stations. Pump stations incorporated as part of a permanent drainage discharge system shall be designed in compliance with the standard specifications and plans and municipal utilities pump station design guidelines, and approved by the Director of Municipal Utilities.
D. 
Additional Requirements. Maintenance districts may be formed and continuing assessments levied and payments collected for the purpose of operating and maintaining drainage facilities.
(Prior code § 16-355.210)

§ 16.72.210 Water supply.

Each approved parcel shall be served by an approved domestic water system.
A. 
General Requirements. The developer shall install or cause to be installed an adequate water system with mains of sufficient size and having a sufficient number of outlets to furnish an adequate water supply for each lot of the subdivision as well as providing adequate fire protection for the development. The fire flow shall be determined in each case by the City Fire Marshal. The developer shall also install or cause to be installed fire hydrants in compliance with plans approved by the City Fire Marshal.
B. 
Standards. The water system shall be designed in compliance with State water standards and American Water Works Association (AWWA) standards, including the use of nonpotable/recycled water systems, as appropriate. The water system shall comply with the City's standard specifications and plans and the requirements of the State Department of Health Services (DHS).
C. 
City Water Service Area. Should the development be within the City water service area, the water system shall conform to the City master water plan as approved by Council resolution. The water system shall be constructed and be dedicated to the City in compliance with the City water rates and regulations. Reimbursement for oversizing and extensions would conform with the City water rates and regulations.
(Prior code § 16-355.220; Ord. 023-07 C.S. § 63)

§ 16.72.220 Sanitary sewers.

This section establishes an equitable basis for the financing and construction of sanitary sewer facilities within the City. Each approved parcel shall be served by the regional water quality control facility, in compliance with the approved sanitary sewer master plans on file with the Municipal Utilities Department and the following:
A. 
Master Plan. With the filing of the improvement plans for a development or for the first unit in any subdivision, the developer shall submit a master sanitary sewer plan conforming to the City master sanitary sewer plan, as approved by Council resolution.
B. 
Improvements. The developer shall provide and dedicate the sanitary sewer system, which shall include all branches, manholes, laterals, trunk lines, and any required pumping plant.
1. 
Pump Stations. Pump stations incorporated as part of a permanent sanitary sewer system shall be designed in compliance with the City's standard specifications and plans and municipal utilities pump station design guidelines, and approved by the Director of Municipal Utilities.
2. 
Area of Benefit. For trunk lines in excess of the size required for the development, but in no case less than 12 inches in diameter, and for permanent pumping plants designated in the Council approved City master sanitary sewer plan, the developer may receive a credit or reimbursement through an area of benefit for any cost over the development's proportionate share of the sanitary sewer.
C. 
Fees. Before the approval of the map or issuance of a building permit for a single-lot development, the developer shall pay any area of benefit fees for the actual or estimated cost of constructing sanitary sewer facilities.
(Prior code § 16-355.230)

§ 16.72.230 Underground utilities.

Utilities in new subdivisions and single lot developments shall be installed underground, as follows:
A. 
When Undergrounding is Required.
1. 
All existing and proposed utility distribution facilities (including electric, telecommunications, and cable television lines) installed in and for the purpose of supplying service to any subdivision shall be installed underground.
2. 
Electric and telephone facilities, fire alarm conduits, street lighting wiring, cable television, and other wiring conduits and similar facilities shall be placed underground by the developer for all new development on an existing lot and when a new electrical hookup is provided in conjunction with the installation/replacement of an electric service panel. Utility vaults shall be subject to review by the Director. The Director may grant a modification or waiver of this requirement, after considering the general purposes and nature of the proposed development, except when the subject property is within an established underground utility district.
B. 
Exceptions. Undergrounding of existing utilities is not required along street frontages less than an aggregate of 300 lineal feet, or for:
1. 
Facilities exempted by the Public Utilities Commission (PUC);
2. 
Any municipal equipment or facilities installed under the supervision and to the satisfaction of the City Engineer;
3. 
Poles or electroliers used exclusively for street lighting;
4. 
Overhead wires attached to the exterior surface of a structure by means of a bracket or other fixture and extended from one location on the structure to another location on the same structure or to an adjacent structure on the same lot or parcel without crossing any public street;
5. 
Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 34,500 volts;
6. 
Antennas, associated equipment and supporting structures used by a utility for furnishing communication services;
7. 
Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects, or installed and maintained for a period not to exceed 10 days in order to provide emergency service;
8. 
Overhead utility facilities along existing peripheral street frontages of an affordable housing subdivision or development, that is part of an infrastructure financing district, so long as the adjoining property is already developed and the utility facilities on the peripheral street are overhead;
9. 
A development or subdivision which has existing overhead utility distribution facilities serving other developed property(s) and which has existing overhead utility distribution facilities that are adjacent to an existing boundary of the development or subdivision whose boundary is not peripheral to and/or within an existing, proposed, or future street(s);
10. 
Development of an "infill site" as defined in Division 8 (Glossary); and
11. 
Single lot industrial development with a lot size of 10.0 net acres or less conforming to the definitions of "single lot development" and "infill development" in Division 8 (Glossary).
C. 
Responsibilities of Developer. The developer is responsible for complying with the requirements of this section and shall make the necessary arrangements with the affected utility companies for facility installation.
D. 
Location of Installation. Underground utility lines may be installed within street rights-of-way or along a lot line, subject to appropriate easements being provided if necessary. When installed within street rights-of-way, their location and method of installation, insofar as it affects other improvements within the street right-of-way, shall be subject to the approval of the City Engineer.
E. 
Timing of Installation. Underground utilities that are to be installed under or adjacent to street paving or sidewalks shall be installed before the final improvement of the street.
F. 
Utility Equipment. Utility equipment shall be in compliance with Section 16.80.360 (Utility equipment).
(Prior code § 16-355.240)

§ 16.72.240 Landscaping.

A. 
Landscaping Requirements. Landscaping shall be provided as follows, and in compliance with Chapter 16.56 (Landscaping Standards), Section 16.72.180 (Street trees), and Section 16.64.080 (Development standards for off-street parking), where applicable.
1. 
Residential Subdivisions.
a. 
Street Trees.
i. 
Each proposed parcel in a residential subdivision shall have at least one street tree planted within the City right-of-way or public utility easement for interior lots and three trees planted within the City right-of-way or public utility easement for corner lots.
ii. 
Unless otherwise approved by the Director, the tree shall be provided and installed by the developer of the property in compliance with Section 16.72.180 (Street trees).
iii. 
A fee for street trees shall be collected as security for each parcel based upon one tree per interior lot and three trees per corner lot in compliance with Section 16.72.180 (Street trees).
iv. 
Street trees shall be located in compliance with Section 16.72.180 (Street trees).
v. 
Street trees shall be maintained by an entity acceptable to the City for the ongoing care, maintenance, and/or replacement of street trees and the installed improvements in the median and along back-up fences.
vi. 
All of the above requirements shall be subject to the discretion of the Director.
b. 
Landscaping Area. Arterial streets and collectors that are adjacent to or within residential subdivisions shall have at least a 15-foot wide landscaped parkway, including the sidewalk. Where back-up walls are required, in compliance with Section 16.48.090(D) (Walls along right-of-way), the parkway shall be located between the back of the curb and the face of the back-up wall and shall include a sidewalk of a minimum of five feet in width. Where the City bikeway plan requires a Class 1 bike path, an additional seven feet of parkway shall be required and the sidewalk/bike path shall be widened to 12 feet.
i. 
Landscaping shall be maintained by a landscape maintenance district incorporated into the City's consolidated landscape maintenance district or by a homeowners' association.
ii. 
Landscaping shall (at a minimum) include trees, shrubs, groundcover and vines (to grow on walls for graffiti control), with no more than 10 percent of the landscape being nonliving ground cover materials (excluding sidewalk square footage).
iii. 
Landscape plans shall be:
(A) 
Prepared by a licensed landscape architect;
(B) 
Submitted to the Director in City standard format for review and approval by the City Landscape Architect and City Engineer; and
(C) 
Submitted at the same time subdivision improvement plans are submitted and shall be coordinated with the proposed subdivision infrastructure improvements.
iv. 
Landscape and irrigation design shall comply with subsection B (Plant materials, irrigation).
2. 
Nonresidential Subdivisions. Nonresidential subdivisions shall, at a minimum, be provided the following landscaping:
a. 
Street Trees. Street trees shall be provided in compliance with Section 16.72.180 (Street trees), and the following:
i. 
Location. Trees shall be planted within 10 feet of back of curb, or six feet from back of sidewalk unless tree wells and irrigation have been provided per the City standard sidewalk construction detail. Tree wells shall be located no closer than 25 feet from any street light.
ii. 
Tree Wells. Where the City requires a sidewalk with tree wells:
(A) 
The developer shall pay the appropriate street tree fee;
(B) 
The City shall be responsible for the planting and long-term pruning of the trees (Section 16.72.180(B), Developer installation of trees); and
(C) 
Tree wells shall have a minimum four foot by four foot opening. If a seven foot walk is necessary, the required four foot by four foot tree well opening shall be enclosed by an approved cast iron tree well grate that is satisfactory to the City Engineer. The developer shall be required to pay for and install the cast iron tree grates. Tree well size may be adjusted with approval from the City Engineer and City Landscape Architect.
iii. 
Open Area Trees. Trees planted adjacent to streets, which are not in tree wells (open area trees):
(A) 
Should be planted with a 30-to 50-foot on center spacing;
(B) 
Shall be provided and installed by the developer and maintained by the developer or successor-in-interest; and
(C) 
Shall be properly irrigated by the developer.
b. 
Permits. Permits relating to landscape utilities shall be the responsibility of the developer.
c. 
Discretion and Approval. All of the above requirements shall be subject to the discretion and approval of the Director.
d. 
Construction of Improvements. Landscaping improvements shall be constructed in compliance with Section 16.72.070(F) (Construction of improvements).
B. 
Plant Materials, Irrigation.
1. 
All proposed and/or required trees, shrubs, groundcovers, vines, turf, and other plant materials shall be of a type approved by the Director and, to the greatest extent practicable, shall be of drought-resistant and drought-tolerant types or varieties typical of Mediterranean environments.
2. 
Plant materials and irrigation systems shall comply with the requirements of Chapter 16.56 (Landscaping Standards).
3. 
In addition to the above-mentioned permanent landscaping mechanism, each owner, developer, and/or successor-in-interest shall be responsible to provide the maintenance during the transition period from the time that the City accepts the final landscape construction project improvements and the time when the landscape maintenance entity (district or association) takes over the maintenance.
C. 
Deferral of Installation. The installation of required landscaping may be deferred until the development of the subdivided lots through the provisions of Section 16.72.070 (Improvements (plans, agreements and security)), provided that:
1. 
Interim erosion and sediment control measures are first installed in compliance with Section 16.72.090 (Grading, erosion, and sediment control);
2. 
Approved landscape plan improvements are appropriately incorporated in the subdivision improvement plans so as to assure proper installation of under-pavement service items for such deferred landscape improvements; and
3. 
If the landscaping has been deferred for more than one year, plans shall be subject to re-evaluation by the City and possible revision as deemed appropriate by the Director, based on the best interest to the general public.
D. 
Maintenance of Landscaping. The owners, developers, and/or successors-in-interest shall provide a mechanism or system for the permanent maintenance of any common area or open space landscaping, either a mandatory homeowners' association or incorporation into the City's consolidated landscape maintenance district.
(Prior code § 16-355.250; Ord. 023-07 C.S. § 64; Ord. 015-09 C.S., eff. 12-3-09)

§ 16.72.245 Heritage trees.

A. 
Purpose. It is the purpose of this chapter to provide for the protection and preservation of heritage trees, as defined in Division 8 (Glossary), that are located within the City limits. The protection and preservation of heritage trees will promote scenic beauty, reduce soil erosion, improve air quality, abate noise, and provide shade to reduce energy consumption.
B. 
Harming/Removal Prohibited. It is unlawful for a heritage tree that is located in the City to be:
1. 
Harmed, injured, defaced, or destroyed; and
2. 
Removed, cause to be removed, effectively removed (as defined in Division 8 (Glossary)), without first obtaining a permit from the Department in compliance with Chapter 16.130 (Heritage Tree Permit), except for emergencies in compliance with Section 16.130.050 (Emergency).
(Ord. 015-09 C.S., eff. 12-3-09)

§ 16.72.250 Energy conservation.

The design of a subdivision for which a tentative and final map are required by this Development Code shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivisions, in compliance with Map Act Section 66473.1, including orientation of a structure for southern exposure, shade, or prevailing winds.
(Prior code § 16-355.260)

§ 16.72.260 Public facilities fee.

A. 
Purpose. In order to implement the goals and objectives of the General Plan and to mitigate the impacts caused by future development in Stockton certain public facilities must be or have been required to be constructed, and/or compensation measures must be or have been required to be taken to offset resources lost due to the future development. The Council has determined that a public facilities fee is needed in order to finance these public facilities, and/or compensation measures, and to pay for each development's fair share of the construction costs of these improvements, and/or the costs of the compensation measures. In establishing the fee described in the following sections the City Council has found the fee to be consistent with its General Plan and pursuant to Government Code Section 65913.2 has considered the effects of the fee with respect to the City's housing needs as established in the Housing Element of the General Plan.
B. 
Public Facilities Fee Established.
1. 
A public facilities fee is hereby established on issuance of building permits for development in the City to pay for municipally owned public facilities, including but not limited to City office space, fire stations, libraries, police stations, community recreation centers, street improvements, and water and sewage facilities, and to pay for acquisition, enhancement, restoration, maintenance, and/or operation of habitat/open space conservation lands.
2. 
The Council shall, in a resolution adopted after a duly noticed public hearing, set forth the amount of the fee, describe the benefit and impact area on which the public facilities fee is imposed, list the municipally owned public facilities to be financed, describe the estimated cost of these facilities, and describe the reasonable relationship between the fee and the various types of new developments. The base fee shall be adjusted annually after a duly noticed public hearing at the time the City budget is adopted, utilizing the current Construction Cost Index (U.S. 20 cities average) published by the Engineering News Record.
C. 
Use of Fee Revenues. The revenues raised by payment of the public facilities fee shall be placed in separate and special accounts as provided by Council resolution and such revenues, along with any interest earnings on that account, shall be used for the following purposes:
1. 
To pay for design and construction of designated public facilities and reasonable costs of outside consultant studies related thereto;
2. 
To reimburse the City for designated public facilities constructed by the City with funds (other than grants or gifts) from other sources;
3. 
To reimburse developers who have designed and constructed designated public facilities which are oversized with supplemental size, length, or capacity;
4. 
To pay for and/or reimburse costs of program development and ongoing administration of the public facilities fee program; or
5. 
To pay for the acquisition, enhancement, restoration, maintenance, and/or operation of habitat/open space conservation lands, which compensate for such lands lost as a result of future development.
D. 
Developer Construction of Facilities. If a developer is required, as a condition of approval of a development permit, to construct a public facility that has been designated to be financed with public facilities fees and if the facility has supplemental size, length, or capacity over that needed for the impacts of that development, a reimbursement agreement with the developer and a credit against the fee otherwise levied by this Development Code on the development project shall be offered. The reimbursement amount shall include all eligible costs of such improvements included in the calculation of the public facilities fee program.
E. 
Administrative Guidelines. The City Council shall, by resolution, adopt Administrative Guidelines to provide procedures for the calculation, reimbursement, credit, or deferred payment of the public facilities fee.
(Prior code § 16-355.270; Ord. 023-07 C.S. § 65)

§ 16.76.010 Purpose.

The purpose of this chapter is to provide minimum standards to safeguard life, health, property, and public welfare, and to preserve the character of the City by regulating the size, height, design, quality of materials, construction, location, lighting, and maintenance of signs and sign structures not enclosed within a structure, to accomplish the following:
A. 
Provide a reasonable and comprehensive system of sign controls;
B. 
Encourage a desirable City character with a minimum of clutter, as well as protect and enhance the aesthetics and the character of neighborhoods, while recognizing the need for signs as a major form of communication;
C. 
Provide for fair and equal treatment of sign users;
D. 
Help to promote commerce, and the economic vitality of the business community;
E. 
Encourage signs that are well designed and pleasing in appearance by providing incentive and latitude for variety, good design relationship, spacing, and location;
F. 
Provide for maximum public convenience by properly directing people to various activities; and
G. 
Promote public safety by providing that official traffic regulation devices be easily visible and free from nearby visual obstructions, including blinking signs, excessive number of signs, or signs resembling official traffic signs.
(Prior code § 16-360.010)

§ 16.76.020 Applicability.

A. 
The sign standards provided in this chapter are intended to apply to signs in each zoning district in the City. Only signs authorized by this chapter shall be allowed in that zoning district, unless otherwise expressly provided in this chapter.
B. 
If a new zoning district is created after the enactment of the ordinance codified in this chapter, this chapter shall be amended concurrently to regulate signs in the new zoning district.
C. 
The sign standards shall apply to the private use of private property only, not public property or public rights-of-way.
D. 
Unless otherwise provided for in this chapter, all signs shall conform to the Uniform Sign Code.
E. 
This chapter shall not be construed or applied in a fashion as would give preference or a greater degree of protection to a sign conveying a commercial message than is given to a sign similarly situated and conveying a noncommercial message. Any ambiguity shall be resolved in favor of allowing noncommercial signs the same benefits, exemptions, and other protections as may be given to a commercial sign similarly situated.
(Prior code § 16-360.020; Ord. 023-07 C.S. § 66)

§ 16.76.030 Prohibited signs.

The following signs are inconsistent with the purposes and standards of this chapter and are, therefore, prohibited in all zoning districts:
A. 
Abandoned signs in compliance with Section 16.76.080 (Abandoned signs) and/or dilapidated signs and sign structures;
B. 
Banners, streamers, and pennants, except for those affixed to poles along the rights-of-way of commercial areas with an encroachment permit (Section 16.72.125) and revocable permit (Section 16.72.127) for purposes of civic identity or as specifically allowed by the provisions of Section 16.76.040(D) (Exemptions from sign permits);
C. 
Bench signs, except at approved bus passenger loading areas;
D. 
Inflated signs, balloons, and figures, except temporary signs specifically allowed by the provisions of Section 16.76.040(D) (Exemptions from sign permits);
E. 
Obscene or offensive signs containing statements, words, figures or pictures of an obscene, indecent or immoral character which appeal to the prurient interest in sex, or which are patently offensive and do not have serious literary, artistic, political, or scientific value in accordance with Chapter 5.60 of the Municipal Code;
F. 
Off-premises signs not specifically allowed by the provisions of Section 16.76.110 (Standards for off-premises signs);
G. 
Signs painted on roofs;
H. 
Portable signs (e.g., A-frame signs), except as provided by Section 12.80.010 of the Municipal Code;
I. 
Roof signs extending above the eave of the roof or a parapet, whichever is higher, except for roof signs located on the Miracle Mile and Yosemite Street Village Shopping Area;
J. 
A sign erected in a manner that a portion of its surface or supports would interfere with the free use of a fire escape, exit, or standpipe or obstruct a required ventilator, door, stairway, or window;
K. 
Signs emitting audible sounds, odors, or visible matter;
L. 
Signs that conflict with or imitate traffic control devices due to color, wording, design, location or illumination;
M. 
Signs that interfere with the safe and efficient flow of vehicular and/or pedestrian traffic that adversely affect traffic safety;
N. 
Signs on public property or projecting within the public right-of-way except as provided in Municipal Code Chapter 12.80;
O. 
Signs placed on properties of public utility companies (light poles, telephone poles, utility poles, equipment containers, etc);
P. 
Signs attached to or painted on motor vehicles or trailers that are parked on or adjacent to public or private property, the principal purpose of which is to attract attention to a product sold or to a business located on or near the property where the vehicle or trailer is located, except for company vehicles parked on an interim basis;
Q. 
Graffiti as defined in Section 8.24.020(A) of the Municipal Code; and
R. 
Signs not in compliance with the provisions of this chapter.
(Prior code § 16-360.030; Ord. 023-07 C.S. § 67; Ord. 015-09 C.S., eff. 12-3-09; Ord. 2022-07-12-1601-02 C.S. § 20)

§ 16.76.040 Sign permits.

A. 
Sign Permits Required. To ensure compliance with the regulations of this chapter, a sign permit from the Building Division shall be required in order to erect, move, alter, or reconstruct any permanent or temporary sign, either on-or off-premises, except signs listed in subsection D of this section (Exemptions from sign permits), that are exempt from sign permits.
B. 
Approval of Sign Permits. A sign permit application shall be filed with the Department for review and sign-off by the Director based on consideration of size, height, and location, and other elements in compliance with the sign standards for specific types of on-premises signs (Section 16.76.100) and off-premises signs (Section 16.76.110) and the intent and provisions of this chapter. Specific types of signs may require a site plan review, land development permit, or use permit.
C. 
Revocation of Sign Permits. The Director may revoke or modify a sign permit, in compliance with Chapter 16.108 (Revocations and Modifications) if it is found that the sign(s) has been erected, altered, reconstructed, or is being maintained in a manner that is inconsistent with the approved sign permit.
D. 
Exemptions from Sign Permits. Sign permits shall not be required for the following allowed signs provided the sign does not require electrical work. Exempt signs shall not be included in the determination of the total allowable number of signs or total allowable sign area for a site/use.
1. 
Permanent Signs Without Specific Size Limitation. The following signs are exempt from sign permit review subject to the following limitations:
a. 
Official and legal notices required by a court or governmental agency.
b. 
A sign erected and maintained in compliance with, and in discharge of, a governmental function or required by a law, ordinance, or governmental regulation, including signs erected by a public utility.
c. 
Signs on licensed commercial vehicles, including trailers, provided that the vehicles or trailers shall not be used as parked or stationary outdoor display signs.
d. 
Bench and other signs located at designated public transit locations as authorized by Council franchise or revocable permit.
e. 
Changes to existing sign copy.
f. 
Memorial signs installed by, or with the approval of, a governmental agency, including signs and markers for historic landmarks or districts or points of interest.
g. 
Artist renderings or paintings on fences or structures or sculpture or other art work shall only be allowed on private property with the permission of the owner of the property and on public property with the permission of the appropriate governmental body.
h. 
Flags of the United States, California, San Joaquin County, the City of Stockton, or other governmental entities.
2. 
Permanent Signs Limited by Maximum Size. The following signs are exempt from sign permit review subject to the following limitations:
a. 
Nameplates not exceeding three square feet in area per one family unit, duplex, triplex, fourplex, cottage court, and townhouse. Nameplates shall have Arabic numbers a minimum of four inches in height and of a contrasting color to the background to which they are attached; illumination shall not exceed 25 watts.
b. 
Nameplates, limited to unit number, not exceeding one square foot in area per multifamily unit. Nameplates shall have Arabic numbers a minimum of four inches in height if illuminated or six inches in height if nonilluminated. Numbers shall be of a contrasting color to the background to which they are attached.
c. 
One sign per entrance shall be allowed for nonresidential uses not exceeding six square feet and limited to the hours of operation, address, and emergency information for the business.
d. 
Interior window signs that do not exceed five square feet (includes flashing and/or moving displays/signs in compliance with Section 16.76.100(D)(1) (Electronic message boards and flashing/moving displays/signs)).
e. 
All painted signs shall comply with the standards of this chapter and the requirements for wall signs (Section 16.76.100(J)), subject to review by the Director.
3. 
Temporary Signs Limited by Size and Period of Display.
a. 
Real Estate Signs. Real estate signs offering property for sale, lease, or rent are allowed in any zoning district on the property being advertised or on real property owned by others with their consent, subject to the following limitations:
i. 
For one-family dwellings, duplexes, triplexes, and townhouses, one sign per street frontage, not to exceed six square feet in area and six feet in height.
ii. 
For multifamily dwellings, one sign per street frontage not to exceed 40 square feet in area and six feet in height, or as otherwise approved by the Director.
iii. 
For individual commercial, office, and industrial properties not located in a commercial center or industrial/business park, one sign per street frontage not to exceed 40 square feet in area and six feet in height.
iv. 
One sign per street frontage, not to exceed 40 square feet in area and six feet in height, shall be allowed to advertise the sale, rent, or lease, of tenant space(s) within a multitenant commercial center, office structure, or industrial subdivision. In addition, one sign for each tenant space available not to exceed six square feet to be located at the individual tenant space for rent or lease.
(A) 
Real estate signs may be placed on the site at the time of the listing or the availability of the rental space and shall be removed no later than the date of the completion of the sale or the signing of the lease.
(B) 
Signs advertising model homes and homes for sale within the subdivision where the sign is located.
b. 
Garage Sale Signs. Signs that announce the occurrence of a garage or yard sale may be allowed, provided that the signs shall:
i. 
Not exceed six square feet in area;
ii. 
Only be displayed one day before the sale and during the time of the sale and shall be promptly removed at the end of the sale; and
iii. 
Not be placed on any public property, in compliance with Section 16.76.030(N) (Prohibited signs).
c. 
Future Tenant Signs. Future tenant identification signs that announce the future use of a project while under construction subject to compliance with the following limitations:
i. 
One sign per street frontage except for projects having an excess of 500 lineal feet of street frontage, one additional sign may be allowed;
ii. 
Signs shall be limited to a maximum of 40 square feet in area and six feet in height. Maximum of 50 square feet if combined with a construction sign; and
iii. 
Signs shall be removed before occupancy of the site.
d. 
Construction Signs. Signs that provide the names of the architects, engineers, and contractors working on the site of a development project subject to compliance with the following limitations:
i. 
One sign per street frontage not to exceed 40 square feet in area with a maximum height of six feet. Maximum size of 50 square feet in area if combined with a future tenant sign; and
ii. 
Signs shall be removed before first occupancy of the site.
e. 
Temporary Commercial Advertising/Promotional Signs and Devices. Temporary advertising/ promotional signs painted on a window or constructed of paper, cloth, or similar disposable materials, windblown devices (e.g., pennants, streamers, and banners), and inflatable devices may be allowed for commercial uses subject to the following limitations:
i. 
Signs and other devices may be displayed for a maximum of 15 days on six separate occasions within a 12-month period to promote a particular event, sale, or product;
ii. 
The total area of all temporary signs and banners shall not exceed 100 square feet per business; and
iii. 
Tethered balloons and inflatable devices may exceed the zoning district maximum height requirement.
f. 
Temporary Business Identification Signs. Until permanent signs can be erected, a maximum of two temporary signs for the identification of a new business or a change in the name of the business, are allowed for a period not to exceed 90 days. A one time extension of 30 days may be granted by the Director. Maximum sign area is limited to 32 square feet.
4. 
Temporary Signs Without Specific Size Limitations.
a. 
Temporary Political Signs. Temporary political signs shall comply with the following standards:
i. 
Signs shall be allowed on private property in any zoning district subject to the owner's permission;
ii. 
Signs shall not be located in a public right-of-way, easement, or on other governmental property dedicated to a public purpose;
iii. 
Signs shall not be located upon utility or telephone poles;
iv. 
Signs attached to a wall, fence, or structure shall not project more than six inches from a wall, fence, or structure;
v. 
Every political sign that exceeds five square feet shall have a corresponding statement of responsibility filed with the office of the City Clerk certifying a person who will be responsible for removing the sign and who will reimburse the City for any cost incurred to remove it, such certification being made upon forms prepared by the City; and
vi. 
Political signs shall be placed no earlier than 90 days prior to the scheduled election and shall be removed within seven days of an election in compliance with the Municipal Code.
b. 
Holiday Decoration Signs. Holiday decorations and holiday decoration signs shall not require a sign permit and are not subject to the requirements of this chapter. Holiday decoration signs shall be removed within three days of the end of the holiday.
c. 
Temporary Special Event Signs. A special event sign, balloon, or banner intended to inform the public of a unique happening, action, purpose, or occasion, (e.g., a community event) shall comply with the following standards:
i. 
An organization may be allowed to display special event signs, balloons, or banners in any zoning district for a period of up to two weeks. Periods up to 60 days may be approved by the Director if the applicant provides written justification;
ii. 
Special event signs shall not include promotional commercial advertising; and
iii. 
Special event signs shall be removed no later than three days after the end of the special event.
d. 
Temporary Window Signs. Each business establishment shall be allowed to have temporary window signs provided the signs are located on the inside of the window.
(Prior code § 16-360.040; Ord. 001-08 C.S. §§ 17, 18; Ord. 015-09 C.S., eff. 12-3-09; Ord. 2020-06-09-1501 C.S. § 18; Ord. 2022-07-12-1601-02 C.S. § 21)

§ 16.76.050 Comprehensive sign program.

A. 
Purpose. The purpose of a comprehensive sign program is to provide a method for an applicant to integrate the on-premises signs within a project with the overall development to achieve a unified appearance.
B. 
Applicability. A comprehensive sign program shall be required whenever any of the following circumstances exist, except in the MX zoning district, which shall comply with the applicable master development plan:
1. 
New nonresidential multitenant developments of three or more separate tenants that share either the same parcel or structure and use common access and parking facilities (e.g., shopping centers, malls, office complexes, and industrial parks) on less than two acres;
2. 
Integrated centers;
3. 
New multifamily developments of 100 or more units;
4. 
Whenever five or more signs are proposed for a new or existing single-tenant development; and
5. 
Nonresidential planned developments in compliance with Chapter 16.144 (Planned Development Permits).
C. 
Application. A comprehensive sign program shall be filed with the Department concurrently with any applicable discretionary permit, land development permit, or site plan review for any project identified in subsection B of this section (Applicability). The comprehensive sign program shall include:
1. 
The total number, size and type of signs;
2. 
The location of monument and pole signs;
3. 
The location of signs on structures or awning or projecting signs;
4. 
The location of directional signs;
5. 
The location of directory signs;
6. 
The location of electronic message boards and flashing and/or moving displays/signs.
7. 
The elevations and illustrations of the proposed design of the signs.
All signs in a comprehensive sign program shall be subject to the standards in Section 16.76.100 (Standards for specific types of on-premises signs) and the requirements of this chapter.
D. 
Review and Approvals. The review and adoption of a comprehensive sign program shall occur in conjunction with the review of the applicable discretionary permit, land development permit, or site plan review, before issuance of a sign permit.
E. 
Lessees to be Informed of Comprehensive Sign Program. Lessees within developments subject to the requirements of an approved comprehensive sign program shall be made aware of the program in their lease and their responsibility to follow the approved comprehensive sign program.
F. 
Revisions to Comprehensive Sign Programs. Revisions to an approved comprehensive sign program may be approved by the Director.
(Prior code § 16-360.050)

§ 16.76.060 General provisions for all signs.

The following requirements apply to both on-premises and off-premises signs, unless otherwise identified:
A. 
Sign Copy. The sign copy (text) of permanent on-premises signs shall relate only to the name and/or nature of the business and/or of the integrated center, as applicable, and may contain any related trademark or logo, and/or other graphics used to identify the business or center.
B. 
Sign Location.
1. 
Signs shall be located so as not to block visibility within "traffic sight areas" (Section 16.36.140) or interfere with circulation.
2. 
Signs shall not be located within a non-buildable public utilities easement (PUE) or in a public right-of-way, except when authorized by the applicable utility company.
3. 
Signs shall be located in compliance with the requirements of Section 16.76.100 (Standards for specific types of on-premises signs) and Section 16.76.110 (Standards for off-premises signs).
4. 
Existing street trees shall be taken into consideration when locating signs. Unless a benefit to the public, as determined by the Director, is demonstrated, no living, healthy tree that has been planted by the City shall be removed or trimmed for purposes of sign visibility.
C. 
Measurement of Signs.
1. 
Sign Area.
a. 
Surface Area of Sign.
i. 
If the lettered or illustrative material of a sign is located on a sign board or sign structure or has a defined sign background, the surface area of the sign shall be the area of the surface or face of the board or sign structure that is used for advertising. (See Figure 3-14a.)
ii. 
If the lettered or illustrative material of a sign is not located on a sign board or does not have a defined background (e.g., letters placed on a wall), the surface area of a sign shall be the area that would be encompassed within a frame or frames that are parallel to the top and sides of the structure on which the sign is located and which extend two inches beyond the outermost boundaries of the lettered or illustrative material. (See Figure 3-14b.)
 -VII--Image-13.tif
FIGURE 3-14a MEASUREMENT OF SIGN AREA SIGNS LOCATED ON SIGN BOARDS/STRUCTURES
b. 
Supporting framework or bracing that is clearly incidental to the display itself shall not be computed as sign area.
c. 
The area of a double-faced sign (two sign faces approximately parallel) shall be calculated as having only a single face provided that the distance between each sign face does not exceed 24 inches at any point. If the sign faces are not the same size, the larger sign face shall be used to establish the sign area.
d. 
Where a sign consists of one or more three dimensional objects (i.e., balls, cubes, clusters of objects, sculpture or statue-like trademarks), the sign area shall be measured at their maximum projection upon a vertical plane.
 -VII--Image-14.tif
FIGURE 3-14b MEASUREMENT OF SIGNS WITH IRREGULAR SHAPE
e. 
For signs that incorporate time and temperature devices only, the area of these devices shall not be included in the total area of the sign.
f. 
If the allowed area of a sign is based on the linear footage of a structure's wall (e.g., two square feet of sign area per linear foot of structure wall), the measurement of the structure's wall shall be based on the width of each individual tenant space as measured in a straight line at the base of the wall, not including any recesses, alcoves, or projections.
2. 
Sign Height. Unless otherwise identified, sign height shall be measured from the upper most part of the structure of the sign to the elevation of the lowest elevation point of the finished grade immediately adjacent to the sign support structure. (See Figure 3-15.)
FIGURE 3-15 MEASUREMENT OF SIGN HEIGHT
 -VII--Image-15.tif
D. 
Illumination of Signs. The artificial illumination of signs, either from an internal or external source, shall be designed to eliminate impacts on surrounding properties and streets.
1. 
External light sources shall be directed and shielded to limit direct illumination of any object other than the sign.
2. 
The light from an illuminated sign shall not be of an intensity or brightness, which would interfere with the reasonable enjoyment of residential properties in direct visual proximity to the sign.
3. 
Colored lights shall not be used at a location or in a manner so as to be confused or construed as traffic control devices.
4. 
Neither the direct nor reflected light from primary light sources shall create a hazard to operators of motor vehicles.
E. 
Maintenance of Signs.
1. 
Signs and supporting hardware, including nonconforming and temporary signs, shall be maintained in good repair and functioning properly at all times. Repairs to signs shall be of equal or better quality materials and design as the original sign. Signs which are not properly maintained and are dilapidated shall be deemed to be a public nuisance.
2. 
When existing signs are removed or replaced, all brackets, poles, and other supports that are no longer required shall be removed. Unpainted areas shall be painted to match the adjacent portion of the structure or sign support structure.
F. 
Other Regulations. In addition to the requirements of this Development Code, construction of signs shall comply with all pertinent provisions of the applicable Uniform Building and Fire Codes, Underwriters Laboratories standards, and the Municipal Code.
(Prior code § 16-360.060; Ord. 023-07 C.S. §§ 68—72; Ord. 015-09 C.S., eff. 12-3-09)

§ 16.76.070 Nonconforming signs.

A. 
Continued Use. A legally established sign which fails to conform to this chapter shall be allowed to continue in use as follows:
1. 
Nonconforming signs shall not be expanded, moved, relocated, or replaced;
2. 
Nonconforming signs and sign structures may be maintained and repaired, but the maintenance and repair shall not exceed 50 percent of the sign's fair market value;
3. 
The sign copy and sign faces for nonconforming signs may be changed;
4. 
Other modifications/replacements of sign elements which constitute an improvement to an existing nonconforming sign may be allowed at the discretion of the Director; and
5. 
The addition, reconstruction, relocation, or structural alteration of an existing nonconforming sign may be allowed in compliance with the requirements of Section 16.228.040(C)(2).
B. 
Annexation. Signs in areas annexed to the City after the date of adoption of the ordinance codified in this chapter, which were legally erected in the County but do not conform to the provisions of this chapter, shall be regarded as nonconforming signs.
(Prior code § 16-360.070)

§ 16.76.080 Abandoned signs.

This section provides for the removal of abandoned on-premises and off-premises signs.
A. 
Removal Required. Abandoned signs, including all brackets, poles, and other supports, shall be removed. If the owner or lessee fails to remove the sign, the Director shall give the owner 30 days written notice to remove it. Upon failure to comply with the notice, the Director may have the sign removed at the owner's expense in compliance with California Business and Professions Code Section 5497.
1. 
On-Premises Signs. If a sign identifies a business that is no longer conducted on the premises, it shall be removed as follows:
a. 
On-premises sign structures that have not been maintained shall be removed within 90 days of the close of the business.
b. 
Sign copy for signs that are maintained shall be replaced with blank sign copy within 90 days of the close of the business, and shall only be allowed to remain for a total of 18 months. These signs may contain a "for rent" sign to indicate that the space is available for rent.
c. 
All sign structures shall be removed within 18 months of the close of business.
2. 
Off-Premises Signs. An off-premises sign shall be removed within 30 days of the owner of the property and/or owner of the advertising display being noticed that the sign is not being maintained.
B. 
Authority to Abate. The Director is authorized to abate illegal and abandoned signs on private property.
C. 
Recovery of Costs. When the City is required to remove an abandoned sign in compliance with this section, the reasonable cost of the removal may be assessed against the owner of the sign(s) and/or the property owner.
(Prior code § 16-360.080)

§ 16.76.090 Illegal signs.

A. 
Illegal Signs in the Public Right-of-Way. Illegal signs posted in the public right-of-way or upon public property may be removed by Public Works and/or the Police Department without notice or hearing in compliance with Section 12.80.030 of the Municipal Code.
B. 
Authority to Abate. The Director is authorized to abate illegal signs on private property after five days' notice.
C. 
Authority to Remove. The Director may cause the immediate removal, without notice, of any sign that becomes insecure, in danger of falling or is otherwise deemed unsafe by the code enforcement official.
D. 
Recovery of Costs. When the City is required to remove illegal signs in compliance with this section, the reasonable cost of the removal may be assessed against the owner of the sign(s) and/or the property owner.
(Prior code § 16-360.090; Ord. 2022-07-12-1601-02 C.S. § 22)

§ 16.76.100 Standards for specific types of on-premises signs.

In addition to the requirements of this chapter, on-premises signs are subject to the following standards:
A. 
Awning Signs. Awning signs shall be allowed in the RH, CN, CO, CG, CD, CL, CA, IL, IG, PT, PF, MX, and UC zoning districts subject to the following requirements:
1. 
Awnings with signs shall only be located on structure frontages, including those fronting a parking lot or pedestrian way;
2. 
Signs on awnings are limited to ground level and second story occupancies only;
3. 
A clear distance of eight feet shall be maintained from the lowest part of an awning sign to the ground below; and
4. 
Maximum area for the sign copy of awning signs shall be calculated in conjunction with, and shall be subject to, the requirements for wall signs in subsection J of this section (Wall signs).
FIGURE 3-16 CANOPY/AWNING SIGN LOCATION
 -VII--Image-16.tif
B. 
Directional Signs. Directional signs for the purpose of guiding traffic, parking, and loading on property shall be allowed in any zone where needed to guide traffic, parking, and loading to any portion of the site, subject to the following:
1. 
Maximum sign area shall be:
a. 
Four square feet in residential zoning districts, and
b. 
Six square feet in nonresidential zoning districts;
2. 
Maximum height for freestanding signs shall be five feet. Taller signs may be approved by the Director, if visibility would not be impaired; and
3. 
Directional signs shall not contain advertising material, except for logos which are limited to 20 percent of the sign.
FIGURE 3-17 DIRECTIONAL SIGN
 -VII--Image-17.tif
C. 
Directory Signs. Directory signs shall be allowed in any zone where needed, except single-family, duplexes, or triplexes, provided that the signs:
1. 
Are pedestrian-oriented;
2. 
Do not exceed a maximum height of seven feet;
3. 
Are designed and erected or mounted as a wall sign, monument sign, or on or within a kiosk:
4. 
Are located at or near the main pedestrian entrance to a building or integrated center;
5. 
Contain only a list of tenants and their location for each individual building or integrated center; no additional advertising shall be allowed;
6. 
Are subject to approval of a comprehensive sign program in compliance with Section 16.76.050; and
7. 
Painted directory signs shall be subject to the above requirements and review by the Director, but shall not require a sign permit.
D. 
Electronic Message Boards and Flashing/Moving Displays/Signs. Electronic message boards and other types of flashing and/or moving displays/signs may be approved in compliance with the following standards only in the CG, CD, CA, CL, IL, IG, PF, PT, MX, and UC zoning districts. In addition to the following requirements, electronic message boards and other types of flashing and/or moving displays/signs shall comply with the requirements for the specific sign type as specified by this section.
1. 
Permit Requirement. All electronic message boards and flashing and/or moving displays/signs shall require land development permit approval in compliance with Chapter 16.136 (Land Development Permits), except for one interior window sign per business that does not exceed five square feet.
2. 
Location Requirements. Electronic message boards and flashing and/or moving displays/signs:
a. 
Shall not be located within 300 feet of any residential use as measured in a straight line from the nearest point of the proposed sign to the nearest applicable residentially used structure, except:
i. 
If the sign is not visible from a residential use; or
ii. 
Signs for a stadium and/or theater use associated with a school which is subject to a commission use permit (Chapter 16.168) and, at least, the following:
(A) 
Placement of the sign in relation to residential structures,
(B) 
No advertising on the flashing/moving portion of the sign,
(C) 
Size and height of the proposed sign,
(D) 
Traffic safety,
(E) 
Type and design of the electronic display,
(F) 
Intensity of lighting, and
(G) 
Other factors that would ensure the integrity of residential neighborhoods;
b. 
At or near any intersection with a roadway designated on the General Plan as a major and/or minor arterial or which is signalized, shall be subject to a 25-foot setback from the right-of-way line within 100 feet of the corner point of the intersection unless the bottom of the electronic message board or flashing and/or moving display/sign is a minimum height of 25 feet from top of curb. The corner point shall be defined as the intersecting point of two right-of-way lines (see Figure 3-18);
 -VII--Image-18.tif
FIGURE 3-18 SIGN EXCLUSION AREA
c. 
Shall not be permitted in the following areas:
i. 
The Miracle Mile area along Pacific Avenue between Harding Way and Alpine Avenue, or
ii. 
Any historic preservation district established by the City Council;
3. 
Illumination. The illumination of all signs shall not reflect/project on residentially zoned property.
E. 
Freestanding Signs.
1. 
Monument Signs. All monument signs shall meet the following requirements:
a. 
General Requirements.
i. 
Signs are allowed only along frontages adjoining a public street;
ii. 
Signs shall not be located closer than five feet from a property line, unless the sign is subject to more restrictive requirements in this chapter;
iii. 
There shall be a minimum of 75 feet between two freestanding signs on adjoining sites to ensure adequate visibility for all signs. The Director may waive this requirement in situations where its enactment would be impractical due to the locations of existing signs on adjacent properties or the size of the parcels;
iv. 
Signs shall not project over or into public property, vehicular easements, or rights-of-way. Signs shall not obstruct traffic sight areas and shall be in compliance with Section 16.36.140 (Traffic sight area); and
v. 
Signs shall be located within a landscaped area, including a lawn, or landscaping shall be provided at the base of the sign equal to twice the area of one face of the sign, with permanent irrigation system and shall be maintained to preclude obstruction of the sign copy. (For example, 30 square feet of sign area equals 60 square feet of landscaped area.)
b. 
Zoning Requirements. Monument signs shall be allowed in the RE, RL, RM, RH, CN, CO, CG, CD, CL, CA, IL, IG, PT, MX, PF, OS, and UC zoning districts, subject to the requirements of subsection (E)(1)(a) of this section, and the following:
i. 
RE, RL, RM, RH, CO, PF, and OS Zoning Districts. Monument signs shall be allowed for uses in the RE, RL, RM, RH, CO, PF, and OS zoning districts, except for single-family dwellings, duplexes, and triplexes, subject to the following:
(A) 
General Requirements. The following monument sign standards shall apply to all development, except integrated centers:
(1) 
One monument sign per parcel;
(2) 
Maximum height of seven feet;
(3) 
Maximum of 50 square feet per face; and
(4) 
Sign copy shall contain only the name, address, type of business, and any related trademark or logo, and/or other graphics used to identify the business.
(B) 
Integrated Centers. Integrated office complexes in the CO and PF zoning districts shall be subject to a comprehensive sign program, and the following:
(1) 
One primary identification monument sign to identify the center:
(i) 
Located near the primary street entrance to the center;
(ii) 
Maximum of 100 square feet per sign face;
(iii) 
Maximum height of 10 feet;
(iv) 
Minimum streetside setback of 10 feet; and
(v) 
Sign copy shall prominently display the name and address of the center or project and may identify specific tenants in clearly subordinate copy. In addition, the sign may contain any related trademark or logo, and/or other graphics used to identify the integrated center.
(2) 
One additional secondary monument sign along each street frontage, except for the street on which the primary identification sign is located:
(i) 
A maximum of 50 square feet per sign face;
(ii) 
A maximum height of seven feet;
(iii) 
Minimum streetside setback of 10 feet; and
(iv) 
Sign copy shall prominently display the name and address of the center or project and may identify specific tenants in clearly subordinate copy. In addition, the sign may contain any related trademark or logo, and/or other graphics used to identify the integrated center.
(3) 
One additional secondary monument signs shall be allowed for each separate building pad (a separate legal parcel that may be occupied by non-contiguous buildings with frontage on a public or private street), in compliance with the general requirements of subsection (E)(1)(a) of this section (General requirements) and subsection (E)(1)(b)(i)(A) of this section (Zoning requirements).
ii. 
CN, CG, CD, CL, CA, IL, and IG Zoning Districts. Monument signs shall be allowed in the CN, CG, CD, CL, CA, IL, and IG zoning districts subject to the following:
(A) 
General Requirements. The following monument sign standards shall apply to all development, except integrated centers:
(1) 
One primary identification monument sign (in compliance with the standards of this section as well as those in subsection (E)(1)(a) of this section), or a pole sign (in compliance with the requirements of subsection (E)(2) of this section), shall be allowed for each parcel. A primary identification monument sign shall be subject to:
(i) 
A maximum height of 10 feet;
(ii) 
A maximum of 100 square feet per face; and
(iii) 
Sign copy shall contain only the name, address, type of business, and any related trademark or logo, and/or other graphics used to identify the business.
(2) 
One secondary identification monument sign shall be allowed for each parcel with more than one frontage, except along the same street frontage on which the primary identification monument sign or pole sign is located, subject to the following standards:
(i) 
A maximum of 50 square feet per sign face;
(ii) 
A maximum height of seven feet; and
(iii) 
Sign copy shall contain only the name, address, type of business, and any related trademark or logo, and/or other graphics used to identify the business.
(B) 
Integrated Center. Integrated office complexes, integrated commercial centers, automobile centers, industrial parks, and other integrated centers shall be subject to a comprehensive sign program and the following:
(1) 
One primary identification monument sign (in compliance with the standards of this section as well as those in subsection (E)(1)(a) of this section), or a pole sign (in compliance with the requirements of subsection (E)(2) of this section), may be located at or near the main street entrance to the integrated center, subject to the following standards:
(i) 
Maximum of 100 square feet per sign face;
(ii) 
Maximum height of 10 feet;
(iii) 
Sign copy shall prominently display the name and address of the center or project and may identify specific tenants in clearly subordinate copy. In addition, the sign may contain any related trademark or logo, and/or other graphics used to identify the integrated center; and
(iv) 
Shall be located at least 10 feet from the property lines or ultimate right-of-way line and shall not block traffic sight areas.
(2) 
One secondary identification monument sign shall be allowed along each additional street frontage, excluding the street frontage on which the primary identification monument sign or pole is located, subject to the following standards:
(i) 
A maximum of 50 square feet per sign face;
(ii) 
A maximum height of seven feet;
(iii) 
Minimum streetside setback of 10 feet; and
(iv) 
Sign copy shall prominently display the name and address of the center or project and may identify specific tenants in clearly subordinate copy. In addition, the sign may contain any related trademark or logo, and/or other graphics used to identify the integrated center.
(3) 
One additional monument sign shall be allowed for each separate building pad (a separate legal parcel that may be occupied by noncontiguous buildings with frontage on a public or private street), in compliance with the general requirements of subsections (E)(1)(a) and (b)(ii)(B)(2) of this section.
iii. 
MX, UC, and PT Zoning Districts. Signs are allowed in compliance with the master development plan for the MX and UC zoning districts and the Rough and Ready Island Development Plan for the Port of Stockton, California for the PT zoning district.
 -VII--Image-19.tif
FIGURE 3-19 MONUMENT SIGN
2. 
Pole Signs. All pole signs shall comply with the following requirements:
a. 
General Requirements.
i. 
Pole signs shall have a minimum of two poles; pole signs containing one pole are prohibited, except as authorized by the Director. The poles shall be separated the width of the sign cabinet, except as authorized by the Director;
ii. 
All pole signs shall require the approval of a land development permit in compliance with Chapter 16.136 (Land Development Permits), except as otherwise approved by another discretionary application for a project on the same site;
iii. 
Pole signs shall only be allowed along the frontages adjoining a public street;
iv. 
Pole signs shall not be located closer than five feet from a property line, unless the sign is subject to more restrictive requirements of this chapter;
v. 
There shall be a minimum of 75 feet between two pole signs, or a pole sign and monument sign, on adjoining sites to ensure adequate visibility for all signs. The Director may waive this requirement in situations where its enactment would be impractical due to the locations of existing signs on adjacent properties or the size of the property;
vi. 
Pole signs shall not project over public property, easements, pedestrian paths, or rights-of-way. Signs shall not obstruct traffic sight areas and shall comply with Section 16.36.140 (Traffic sight area); and
vii. 
A clear distance of 10 feet shall be maintained from the lowest part of the pole sign to the ground below.
b. 
Freeway-Oriented Signs. On-premises freeway-oriented signs shall be allowed in the CG, CD, CL, CA, IL, IG, PT, MX, and UC zoning districts within an area that is 500 feet on either side of the edge of a freeway and 1,000 feet along the freeway from an interchange of the freeway (see Figure 3-20) in compliance with subsection (E)(2)(a) of this section, and the following:
i. 
CG, CD, CL, CA, IL, and IG Zoning Districts. Freeway-oriented signs shall be allowed in the CG, CD, CL, IL, and IG zoning districts subject to the following:
(A) 
A maximum of one freeway-oriented or other pole sign shall be allowed per parcel; in integrated centers, only one of the pole signs may be a freeway-oriented sign;
(B) 
The height of a freeway-oriented sign shall not exceed 35 feet above the height of the freeway road surface (excluding access ramps) as measured at the point nearest to the proposed sign, and shall not exceed a maximum overall height of 75 feet;
(C) 
A freeway-oriented sign shall allow a maximum of 300 square feet per face; and
(D) 
Sign copy shall contain only the name, address, type of business, and any related trademark or logo, and/or other graphics used to identify the business.
ii. 
MX, UC, and PT Zoning Districts. Freeway-oriented signs in the MX, UC, and PT zoning districts shall not exceed the maximum height, area, and number of freeway-oriented signs allowed in subsection (E)(2)(b), and shall be in compliance with the master development plan for the MX or UC zoning district or the Rough and Ready Island Development Plan for the Port of Stockton, California for the PT zoning district.
 -VII--Image-20.tif
FIGURE 3-20 FREEWAY-ORIENTED SIGN LOCATION
c. 
Zoning Requirements. Pole signs shall be allowed in the CG, CD, CL, CA, IL, IG, PT, MX, and UC zoning districts, subject to the requirements of subsection (E)(2)(a) of this section, and the following requirements:
i. 
CG, CD, CL, CA, IL, and IG Zoning Districts.
(A) 
General Requirements. The following shall apply to all development in the CG, CD, CL, CA, IL, and IG zoning districts, except as provided for on-premises freeway-oriented pole signs (subsection (E)(2)(b) of this section), and for integrated centers and the CA zoning district (subsection (E)(2)(c)(i)(B) of this section):
(1) 
One pole sign per parcel in compliance with the standards of this section and subsection (E)(2)(a) of this section, or a primary identification monument sign, in compliance with the standards in subsection (E)(1)(b)(ii)(A) of this section;
(2) 
Maximum height of 30 feet;
(3) 
Maximum of 150 square feet per sign face; and
(4) 
Sign copy shall contain only the name, address, type of business, and any related trademark or logo, and/or other graphics used to identify the business.
(B) 
Integrated Centers and the CA Zoning District. Integrated commercial centers, automobile centers, business parks, industrial parks, other allowed integrated centers, and individual uses in the CA zoning district shall be subject to a comprehensive sign program and the following:
(1) 
One primary identification pole sign in compliance with the standards of this section and subsection (E)(2)(c)(i)(A) of this section, or a primary identification monument sign in compliance with the standards in subsection (E)(1)(b)(ii)(A)(1) of this section, may be located at or near the main street entrance to the integrated center. A primary identification pole sign shall be subject to the following standards:
(i) 
Pole sign shall be set back 10 feet from the property lines or ultimate right-of-way line and shall not block traffic sight areas; and
(ii) 
Sign copy shall prominently display the name and address of the center or project and may identify specific tenants in clearly subordinate copy. In addition, the sign may contain any related trademark or logo, and/or other graphics used to identify the integrated center.
(2) 
One additional pole sign shall be allowed for a second street frontage, in compliance with the standards in subsection (E)(2)(a), (b) and (c) of this section, except that only one of the total number of pole signs may be freeway-oriented.
ii. 
MX, UC, and PT Zoning Districts. Pole signs in the MX, UC, and PT zoning districts shall not exceed the maximum height, area, and number of pole signs allowed in subsection (E)(2)(c)(i)(B) (Zoning Requirements—CG, CD, CL, CA, IL, and IG Zoning Districts—Integrated Centers and the CA Zoning District) and shall be in compliance with the master development plan for the MX or UC zoning district or the Rough and Ready Island Development Plan for the Port of Stockton, California for the PT zoning district.
F. 
Marquee Signs. Marquee signs shall be allowed in the CN, CG, CD, CL, and MX zoning districts, subject to the following requirements:
1. 
Signs shall be mounted only on the front or sides of a marquee, or suspended below;
2. 
Signs shall not project more than six inches from the face of a marquee;
3. 
Signs shall not extend above the top of a marquee;
4. 
A clear distance of 10 feet shall be maintained from the lowest part of a suspended sign to the ground below; and
5. 
The maximum area for marquee signs shall be calculated in conjunction with, and shall be subject to, the requirements for wall signs (subsection J of this section (Wall signs)).
 -VII--Image-21.tif
FIGURE 3-21 MARQUEE SIGN
G. 
Projecting Signs. Projecting signs shall be allowed in the CN, CG, CD, CL, and MX zoning districts. Projecting signs in the CG and CL zoning districts shall not project over the right-of-way, except for the Miracle Mile. The use of projecting signs shall be subject to the following requirements.
1. 
Signs shall be located only on the wall frontage with the primary entrance to the structure;
2. 
A clear distance of 10 feet shall be maintained from the lowest point of the projecting sign to the ground below; for projecting signs over public driveways, alleys, and thoroughfares a clear distance of 15 feet shall be maintained from the lowest point of the projecting sign to the ground;
3. 
A sign shall be attached to the wall no more than two feet from the nearest point of the sign to the wall;
4. 
All mounting hardware shall be concealed;
5. 
No part of a sign shall be located within two feet of a curb;
6. 
Signs may comprise or be configured as logos, symbols, or figures in addition to, or instead of, written words; and
7. 
The maximum area of each sign face shall be 24 square feet.
FIGURE 3-22 PROJECTING SIGN
 -VII--Image-22.tif
H. 
Suspended Signs. Suspended signs shall be allowed in the CN, CG, CD, CL, and MX zoning districts. Suspended signs in the CG and CL zoning districts shall not project over the right-of-way, except for the Miracle Mile. The use of suspended signs shall be subject to the following requirements:
1. 
Signs shall be located near the main entrance to the structure;
2. 
A clear distance of 10 feet shall be maintained from the lowest point of the suspended sign to the ground below; for suspended signs over public driveways, alleys, and thoroughfares, a clear distance of 15 feet shall be maintained from the lowest point of the projecting sign to the ground;
3. 
All mounting hardware shall be concealed, unless suspended by a chain no greater than 12 inches in length;
4. 
Signs may comprise, or be configured as, logos, symbols, or figures in addition to, or instead of, written words;
5. 
No part of the sign shall be located within two feet of a curb; and
6. 
The maximum area of each sign face shall be 10 square feet.
 -VII--Image-23.tif
FIGURE 3-23 SUSPENDED SIGN
I. 
Temporary Signs. Unless otherwise stipulated, temporary signs may be erected no earlier than 30 days before the commencement of the event and shall be removed within seven days of completion of the event.
1. 
Subdivision Signs. Temporary signs offering property within a subdivision for sale shall be subject to the following:
a. 
One sign per street frontage;
b. 
Signs shall not exceed 40 square feet in area and six feet in height;
c. 
Signs shall not be placed on any public property or rights-of-way, including properties of public utility companies;
d. 
The sign shall be removed no later than 30 days after the sale of the last home or lot within the subdivision being advertised; and
e. 
Temporary subdivision signs shall require a land development permit in compliance with Chapter 16.136 (Land Development Permits).
2. 
Temporary Signs Exempt From Sign Permits. Temporary signs exempt from the requirements for a sign permit shall be subject to the requirements of Section 16.76.040(D) (Exemptions from sign permits).
J. 
Wall Signs.
1. 
General Requirements.
a. 
Wall signs shall:
i. 
Be located only on structure wall frontages along streets, alleys, parking lots, or other rights-of-way, unless specifically approved by the Director or through a comprehensive sign program;
ii. 
Not project from the surface upon which they are attached more than required for construction purposes and in no case more than 12 inches;
iii. 
Not project above the eave of a roof or parapet; and
iv. 
Not be placed to obstruct any portion of a window, except for signs designed for windows in compliance with subsection K of this section (Window signs).
b. 
The following types of signs shall be included in the calculation of wall signs: permanent awning, marquee, and window signs.
2. 
Zoning Requirements. Wall signs shall be allowed in all zoning districts, subject to the requirements of subsection (J)(1) of this section (Wall signs—General requirements), and the following:
a. 
RE, RL, RM, and RH Zoning Districts. Wall signs shall be allowed in the RE, RL, RM, and RH zoning districts, except for single-family, duplexes, and triplexes, subject to the following:
i. 
Maximum of one square foot of sign per two linear feet of structure for all wall signs; and
ii. 
The sign copy shall contain only the name, logo, and address of the facility.
b. 
CO and PF Zoning Districts. The area of all wall signs shall not exceed a maximum of one square foot of sign area per linear foot of wall.
c. 
CN, CG, CL, IL and IG Zoning Districts. The area of all wall signs shall not exceed a maximum of two square feet per linear foot of wall.
d. 
CD Zoning Districts. (See Figure 3-25.)
i. 
Maximum of two square feet of sign per linear foot for ground floor storefronts with direct access to a street, alley, or parking lot; plus
ii. 
One identification sign for the structure per street frontage of 500 square feet or 10 percent of the wall area, whichever is less.
e. 
CA Zoning District. Wall signs shall be a maximum of two square feet per lineal foot of a wall with frontage along a street, alley, or parking lot.
f. 
MX, UC, and PT Zoning Districts. Wall signs in the MX and UC zoning districts shall conform to the master development plan for the specific district or the Rough and Ready Island Development Plan for the Port of Stockton, California for the PT zoning district.
 -VII--Image-24.tif
FIGURE 3-24 WALL SIGN
 -VII--Image-25.tif
FIGURE 3-25 CD ZONING DISTRICT STRUCTURE IDENTIFICATION SIGN
K. 
Window Signs. Window signs shall be allowed in the CO, CN, CG, CD, CL, CA, IG, IL, PF, MX, and UC zoning districts, subject to the following requirements:
1. 
Permanent Window Signs. Permanent window signs shall comply with the following requirements:
a. 
Signs shall be allowed only on windows located on the ground level and second story of a structure frontage;
b. 
Signs shall not occupy more than 35 percent of the window area of a wall including permanent and temporary signs; and
c. 
The maximum area for window signs shall be calculated in conjunction with, and in compliance with, the requirements for wall signs (subsection J of this section (Wall signs)).
2. 
Temporary Window Signs. Temporary window signs shall be subject to the requirements of subsection I of this section (Temporary signs).
 -VII--Image-26.tif
FIGURE 3-26 WINDOW SIGN
L. 
Special Signs. The following signs shall be allowed in the identified zones subject to the following requirements:
1. 
Neon Signs. The use of exposed neon tubes for signs shall be allowed in the following zoning districts only:
a. 
CG, CD, and CL zoning districts, subject to requirements for the applicable type of sign above, and the following requirements:
i. 
Neon signs and linear tubing shall be UL (Underwriters Laboratories) listed with a maximum 20 amps per circuit and be designed to accommodate an automatic dimmer in order to reduce the brightness of the neon;
ii. 
Neon tubing shall not exceed one-half inch in diameter;
iii. 
Neon lighting may not be located within 300 feet of any residential zone unless the neon lighting is not visible from the residential zone. The distance shall be measured in a straight line from the nearest point of the proposed sign to the nearest applicable boundary line of the residential zone;
iv. 
Neon tubing shall not be combined with any reflective materials (e.g., mirrors, polished metal, highly-glazed tiles, or other similar materials); and
v. 
Neon used as an architectural element shall be subject to the requirements of a building permit.
b. 
MX zoning district, subject to the requirements of the master development plan.
2. 
Signs Within Structures. Signs located entirely within structures or within shopping centers or similar areas shall be allowed in all zoning districts subject to a sign permit. Signs within structures are:
a. 
Exempt from the other requirements of this chapter, except that only one sign seen from outside the structure, a maximum of five square feet in size, shall be allowed; and
b. 
Subject to the applicable requirements of the Municipal Code and the California Building Standards Code.
3. 
Residential Project/Subdivision Signs. Permanent identification and other signs for residential projects and subdivisions shall be allowed, subject to the following requirements (temporary subdivision signs are subject to the requirements of subsection (I)(1) of this section (Temporary signs—Subdivision signs)):
a. 
General Requirements.
i. 
Located within low and/or medium-density residential projects (including subdivisions of five or more lots, planned developments, and/or condominium projects) and in a RE, RL, or RM zoning district;
ii. 
The project shall contain a minimum of two acres;
iii. 
All signs for uses directly related to a tentative map, planned development permit, or condominium project, shall require a comprehensive sign program subject to approval by the Director or Commission in compliance with Section 16.76.050 (Comprehensive sign program); and
iv. 
All residential project/subdivision signs and associated landscaping shall be maintained by the property owner, home owner's association, or maintenance district, as applicable.
b. 
Specific Sign Requirements.
i. 
Primary Identification Signs.
(A) 
Maximum of one primary identification sign at the designated main entrance along each perimeter street frontage of the residential project/subdivision;
(B) 
Either monument signs or wall/fence signs incorporated into an entrance feature, (e.g., entrance gate, masonry wall, kiosk, or similar structure), and shall be placed within a landscaped lot at or adjacent to the main entrance(s) to the project/subdivision;
(C) 
Maximum of 40 square feet per face for each monument or wall sign. Maximum of seven feet in height for monument signs; and
(D) 
Signs shall not be located on any public property, right-of-way, or easement, including public utilities easements (PUE).
ii. 
Other Residential Project/Subdivision Signs. Wall signs shall be allowed in compliance with subsection J of this section (Wall signs). Other monument signs shall be allowed to identify specific facilities (e.g., activity centers, private recreational facilities), subareas, and/or public or private streets within the project/subdivision, in compliance with a comprehensive sign program and subject to the following requirements:
(A) 
Number.
(1) 
One per parcel or site;
(2) 
One identifying a geographic subarea within a residential project/subdivision, or the public or private street that provides access to a subarea within a landscaped median at each entrance to that subarea.
(B) 
Size. Maximum of 24 square feet per face for each sign.
(C) 
Height. Maximum of three feet for monument signs.
4. 
Service Station Pricing Signs. Service station pricing signs shall be allowed in the following zoning districts.
a. 
CN, CG, CD, CL, CA and IL zoning districts provided:
i. 
Pricing signs are designed and located so as to comply with Section 9.64.210 of the Municipal Code;
ii. 
The pricing sign(s) are incorporated into the following signs:
(A) 
Not more than (1) pole sign on the site,
(B) 
Monument sign(s) located on each additional street frontage not occupied by a pole sign in compliance with the requirements for monument signs (subsection (E)(1) of this section) and requirements of the State, and
(C) 
Monument signs located on the corner shall be counted as one of the monument signs; and
iii. 
All logos are limited to no more than 20 percent of the area of the sign.
b. 
MX zoning district subject to the requirements of the master development plan and PT zoning district subject to the requirements of the Rough and Ready Island Development Plan for the Port of Stockton, California.
(Prior code § 16-360.100; Ord. 023-07 C.S. §§ 73—78; Ord. 015-09 C.S., eff. 12-3-09; Ord. 011-11 C.S. § 1, eff. 10-27-11; Ord. 2020-12-01-1502 C.S. § 28)

§ 16.76.110 Standards for off-premises signs.

A. 
Purpose.
1. 
The provisions of this section are intended to provide minimum standards to safeguard life, health, property and public welfare in the City, and in keeping with the character of the City, by regulating and controlling the construction, location, and the maintenance of off-premises signs, and to:
a. 
Protect and enhance the character of neighborhoods and property values by prohibiting obtrusive and incompatible off-premises signs;
b. 
Provide a reasonable and comprehensive system of control of off-premises signs to promote traffic safety;
c. 
Encourage a desirable urban character which has a minimum of visual clutter and/or blight; and
d. 
Enhance the value of the overall community and each of its areas through regulation of off-premises signs.
2. 
This section shall not be interpreted or applied in a way that would give a preference or a greater degree of protection to a sign conveying a commercial message than would be given a similar sign that conveys a noncommercial message. In the event of any ambiguity, it shall be resolved in favor of allowing noncommercial signs the same benefits, exemptions, and other protects as may be given to a similar commercial sign.
B. 
Cap and Replace.
1. 
The Cap. The total number of all off-premises signs shall never exceed 306 signs, further said cap shall be reduced by the number of signs removed pursuant to relocation agreement(s) for digital/electronic/moving displays/signs.
2. 
Static Signs. The only zoning districts where static off-premises signs are allowed to be erected and maintained are the IL and IG zoning districts, unless the City and the sign company have entered into a relocation agreement. Pursuant to the relocation agreement, and subject to the cap and subject to all the other standards of this section, a static off-premises sign may be relocated to the CD, CG, or CL zoning districts based on a sign face square footage replacement ratio of three to one. This means that for every new static sign allowed, existing signs equal to three times the sign face square footage of the new sign shall be removed.
3. 
Digital/Electronic/Moving Displays/Signs. The total number of digital/electronic/moving off-premises displays/signs shall be as established by City Council resolution but shall never exceed 12 signs (one double-faced sign installation at six locations). Digital/electronic/moving off-premises displays/signs are allowed to be erected and maintained only on City-owned or controlled property in the IL, IG, CD, CG, or PF zoning districts subject to the City and the sign company entering into a relocation agreement. Pursuant to the relocation agreement, and subject to the cap and subject to all the other standards of this section, a digital/electronic/moving off-premises display/sign may be relocated to City-owned or controlled property in the above noted zoning districts based on a minimum sign face square footage replacement ratio of nine to one. This means that for every new digital/electronic/moving display/sign allowed, existing signs equal to or greater than nine times the sign face square footage of the new sign shall be removed.
4. 
Sign Removal. Signs to be removed under the requirements of this section shall be removed prior to any construction or installation of the replacement or relocated sign(s).
C. 
Off-Premises Signs Prohibited.
1. 
Notwithstanding subsection B of this section (Cap and replace), off-premises signs shall be prohibited in the following areas:
a. 
The Miracle Mile area along Pacific Avenue between Harding Way and Alpine Avenue;
b. 
The Stockton Channel area as defined in Division 8 of this Development Code except for one sign site on City-owned or controlled property;
c. 
Any established redevelopment project area, except on City-owned or controlled property;
d. 
Any historic preservation district established by the Council; and
e. 
Any property adjacent to any "landscaped freeway" except on City-owned or controlled property if the sign is designed to be viewed primarily by persons traveling along the landscaped freeway, and the sign is located within 660 feet of the outer limits of the landscaped freeway.
2. 
No off-premises sign shall be erected at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal, or device.
3. 
Off-premises signs shall be prohibited if any portion of the sign is located within 300 feet of any residential zoning district unless the display/sign is not visible from a residential zoning district. The distance shall be measured in a straight line from the nearest point of the proposed sign to the nearest applicable boundary line of a residential zoning district.
4. 
No off-premises sign shall be physically attached to the roof of any structure except on City-owned or controlled property.
D. 
Standards for All Off-Premises Signs.
1. 
Size. The maximum size of any off-premises sign shall be 672 square feet.
2. 
Height. All off-premises signs shall be subject to a maximum height of 45 feet, except those signs oriented towards a freeway and located within 660 feet of a freeway right-of-way line shall be subject to a maximum height of 35 feet above the adjacent Freeway surface or the adjacent freeway sound attenuation structure whichever is greater and shall not exceed 90 feet in height.
3. 
Separation. No off-premises sign, which is greater than 300 square feet in size, shall be located nearer than 1,000 feet to any portion of another off-premises sign. All other off-premises signs, 300 square feet or less in size, shall be separated by at least 750 feet.
4. 
Type. All off-premises signs shall require an administrative use permit and as applicable, a City Council approved relocation agreement.
5. 
Other Regulations. All off-premises signs shall be consistent and comply with all provisions of the Outdoor Advertising Act as applicable.
E. 
Standards for Digital/Electronic/Moving Off-Premises Displays/Signs.
1. 
Size. The maximum size of any off-premises sign face shall be 672 square feet.
2. 
Height. All off-premises signs shall be subject to a maximum height of 45 feet, except those signs oriented towards a freeway and located within 660 feet of a freeway right-of-way line shall be subject to a maximum height of 35 feet above the adjacent Freeway surface or the adjacent freeway sound attenuation structure whichever is greater and shall not exceed 90 feet in height.
3. 
Separation. No off-premises digital/electronic/moving display/sign shall be located nearer than 500 feet to any portion of another off-premises sign and no nearer than 5,000 feet to any other off-premises digital/electronic/moving display/sign.
4. 
Location. Digital/electronic/moving off-premises displays/signs shall only be located along freeways or access controlled State highways. There shall be a maximum of two digital/electronic/moving off-premises display/sign locations along qualifying sections of Interstate 5, a maximum of two digital/electronic/moving off-premises display/sign locations along qualifying sections of State Route 99, and a maximum of two digital/electronic/moving off-premises display/sign locations along qualifying sections of State Route 4. A maximum of one double-faced display/sign is allowed per location.
5. 
Type. All digital/electronic/moving off-premises displays/signs shall require a commission use permit and a City Council approved relocation agreement.
6. 
Duration of Display/Message. A digital/electronic/moving off-premises display/sign shall only display a series of still images, each of which must be displayed for a minimum of eight seconds. Still images may not move or present the appearance of motion. Transition/blank screen time between one still image and the next shall not exceed one second.
7. 
Other Regulations. All off-premises signs shall be consistent and comply with all provisions of the Outdoor Advertising Act as applicable.
F. 
Nonconforming Signs.
1. 
It is the intent of this section to recognize that the eventual elimination of existing off-premises signs not in conformity with the provisions of this Development Code is as important as the prohibition of new signs that would violate these regulations. It is also the intent of this chapter that the elimination of nonconforming signs shall be effected so as to avoid any unreasonable invasion of established property rights. All off-premises signs which do not meet the requirements of this chapter are deemed nonconforming.
2. 
If any legal nonconforming off-premises sign shall be damaged, deteriorated, or dilapidated to a point that repair or rehabilitation would require expenditures in an amount exceeding 50 percent of the fair market value of the sign, the sign shall be removed within 90 days of a determination of the condition, as evidenced by written notification by the Director to the owner of the sign.
3. 
No additions, enlargements, or changes which increase the nonconformity or life of the sign shall be made to any nonconforming off-premises sign except the periodic replacement of copy thereon. Repairs and maintenance of an ordinary nature may be made in any period of 12 consecutive months to an extent not to exceed 10 percent of the fair market value of the sign.
G. 
Relocation. If, due to a City or redevelopment project, a nonconforming off-premises sign must be removed, it may be relocated on the same parcel of land, if feasible and if all parties (landowner, sign owner, City, and/or agency) agree. This also applies to a conforming sign as long as the relocation does not make the sign nonconforming. Any relocation on the same parcel of land in compliance with this section shall not be subject to the three to one cap and replacement ratio in subsection B of this section (Cap and replace).
(Prior code § 16-360.100; Ord. 015-09 C.S., eff. 12-3-09; Ord. 2012-08-14-1602-02 C.S. § 1, eff. 9-13-12)

§ 16.80.010 Purpose and applicability.

This chapter provides site planning and development standards for a variety of specified land uses.
(Prior code § 16-365.010)

§ 16.80.020 Accessory uses.

This section provides standards for accessory uses.
A. 
Residential. Accessory uses shall be incidental to and not alter the residential character of the site.
B. 
Nonresidential. Provides standards for accessory uses that may be related to nonresidential uses.
1. 
Amusement Devices. Amusement devices, as defined in Division 8 (Glossary), shall only be allowed in compliance with Section 16.80.050 (Amusement devices).
2. 
Short-term Accessory Outdoor Sales—Motorized Mobile Sales and Services, Non-Motorized Mobile Sales, and Motorized Food Wagons.
a. 
General. All short-term accessory outdoor sales shall comply with the following:
i. 
Be limited to one per parcel and have a floor area that is less than 25% of the floor area covered by the primary use;
ii. 
Obtain a valid city business license;
iii. 
If food or drink is served, comply with the requirements of the San Joaquin County Environmental Health Department;
iv. 
If alcohol is served, comply with the requirements of Title 16 and Alcohol and Beverage Control;
v. 
Be located on pavement per City standards;
vi. 
Not utilize, or be located on, parking spaces required for the primary use;
vii. 
Not interfere with access, aisles, circulation, driveways, or fire lanes and shall not operate in a place where the operation will create a traffic hazard;
viii. 
Temporary outdoor sales located within a public park are subject to a special events permit pursuant to Chapter 12.72;
ix. 
Short-term accessory outdoor sales located in the public right-of-way are subject to Title 5.
b. 
Motorized Food Wagons. Motorized food wagons, as defined in Division 8, shall be allowed as an outdoor accessory use in a commercial and industrial zoning districts in compliance with the following:
i. 
Be limited to one per parcel and have a floor area that is less than 25% of the floor area covered by the primary use;
ii. 
Be accessory to a primary use excluding auto/vehicle services: inoperable vehicle storage, auto/vehicle services: parking facilities, auto/vehicle services: vehicle storage;
iii. 
Use of motorized food wagons during events, shall be permitted subject to Chapter 16.164 (Temporary Activity Permits) or Chapter 12.72 (Special Events);
iv. 
Use of a public right-of-way shall be allowed in compliance with Section 5.72.060 of the Municipal Code.
c. 
Motorized Sales and Services. Motorized sales and services, as defined in Division 8, shall be allowed as an outdoor accessory use in a commercial and industrial zoning districts in compliance with the following:
i. 
Be limited to one per parcel and have a floor area that is less than 25% of the floor area covered by the primary use;
ii. 
Be accessory to a primary use excluding auto/vehicle services: inoperable vehicle storage, auto/vehicle services: parking facilities, auto/vehicle services: vehicle storage;
iii. 
Use of motorized sales and services during events, shall be permitted subject to Chapter 16.164 (Temporary Activity Permits) or Chapter 12.72 (Special Events);
iv. 
Use of a public right-of-way shall be allowed in compliance with Section 5.72.060 of the Municipal Code.
d. 
Non-Motorized Mobile Sales. Non-motorized mobile sales, as defined in Division 8 (Glossary), shall be allowed as an outdoor accessory use in public facility and commercial zoning districts, in compliance with the following:
i. 
Provide sufficient room surrounding any merchandise display to allow for accessibility and to meet fire codes and ADA requirements;
ii. 
Not interfere with pedestrian movement or create a pedestrian hazard;
iii. 
Use of a public right-of-way shall be allowed in compliance with Section 5.08.280 of the Municipal Code.
e. 
Temporary Non-Mobile Sales. Temporary non-mobile sales, as defined in Division 8, shall be allowed as an outdoor accessory use in public facility and commercial zoning districts in compliance with the following:
i. 
Temporary non-mobile sales are limited to occurring no more than eight days per calendar year. For a time period greater than eight days, a temporary activity permit will be required subject to the restrictions of Chapter 16.164.
ii. 
Temporary non-mobile sales in public right-of-way shall be subject to Title 5.
f. 
Christmas Tree/Holiday Sales Facilities. Temporary Christmas tree, pumpkin patch, and other holiday sales shall operate consistent with Section 16.80.110 (Christmas tree/holiday sales facilities).
3. 
Retail/Service. Provides standards for accessory uses allowed in the RH and CO Zoning Districts. Accessory uses include any use that is customarily incidental to the main use and provides an accessory service, including lunchrooms, prescription pharmacies, and beauty and barber shops, to serve occupants and patrons of the main use, subject to the following requirements:
a. 
Shall be incidental to and not alter the residential or office character of the site;
b. 
All goods or services shall be displayed, dispensed, and stored solely within the structure;
c. 
Shall not exceed 25% of the structure area; and
d. 
Shall be developed in compliance with the building envelope standards for the main structure.
C. 
Other. Other accessory uses and structures including stationary outdoor barbeques shall be subject to the following:
1. 
The accessory uses are allowed if:
a. 
The accessory use is identified in Table 2-2 (Allowed Land Uses and Permit Requirements) as an allowed use if it were a primary use; or
b. 
The accessory use or structure is:
i. 
Incidental to the primary use;
ii. 
Has a floor area that is less than 25% of the floor area covered by the primary use;
iii. 
Has an overall site area that is less than 10% of the overall site covered by the primary use;
iv. 
In the opinion of the Director, would not have a substantial, adverse effect on adjacent property;
v. 
Not located in a required setback area, except as provided for in Section 16.36.120 (Site coverage measurements and exceptions);
vi. 
Not adversely impacting circulation or increase the required number of parking spaces; and
vii. 
Would comply with existing requirements of agencies having jurisdiction and other appropriate regulatory agency.
2. 
For those accessory uses that do not meet the requirements of subsection C.1 of this section, the level of review for the accessory use shall be the same as the level of review required for the primary use.
(Prior code § 16-365.020; Ord. 023-07 C.S. §§ 79—82; Ord. 001-08 C.S. §§ 19, 20; Ord. 015-09 C.S., eff. 12-3-09; Ord. 2014-07-29-1601 C.S. § 3; Ord. 2020-06-09-1501 C.S. § 19; Ord. 2020-09-15-1501 § 8; Ord. 2020-12-01-1502 C.S. § 29; Ord. 2022-07-12-1601-02 C.S. § 23; Ord. 2025-06-03-1601, 6/3/2025)

§ 16.80.030 Adult-related establishments.

A. 
Purpose. The purpose of this section is to regulate the location of sexually-related establishments to promote the health, safety, morals, and general welfare of the citizens of the City and to establish reasonable and uniform regulations to prevent any deleterious location and concentration of sexually-related establishments within the City, thereby reducing or eliminating the adverse secondary effects from these establishments (e.g., crime, degraded commercial districts, and residential neighborhoods).
B. 
Establishment and Separation of Businesses Regulated. No person, whether an owner, principal or agent, clerk, or employee either for himself/herself or any other person, or an officer of a corporation shall place, maintain, own, or operate any adult-related business/establishment, as defined in Division 8 (Glossary) in the following locations:
1. 
Within 500 feet of a residential zoning district;
2. 
Within 1,000 feet of any other adult-related business/establishment; or
3. 
Within 500 feet of the nearest property line of a school, religious institution, park, playground, or community center that is attended by minors.
C. 
Measurement of Distance. The distance between two adult-related businesses/establishments shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business/establishment.
(Prior code § 16-365.030)

§ 16.80.040 Alcoholic beverage sales (on-sale and off-sale).

A. 
Title and Purpose. These provisions shall be known as the alcoholic beverage sales regulations. The general purposes of these regulations are to protect and promote the public health, safety, comfort, convenience, prosperity, and general welfare of the residents of the City of Stockton by requiring alcoholic beverage sales activities to comply with the operational standards in this section and to achieve the following objectives:
1. 
Protecting residential, commercial, industrial, and civic areas from and minimizing the adverse impacts of alcoholic beverage sales activity;
2. 
Providing opportunities for alcoholic beverage sales establishments to operate in a mutually beneficial relationship to each other and to other commercial and civic services;
3. 
Providing mechanisms to address problems associated with the public consumption of alcoholic beverages such as litter, loitering, graffiti, unruly behavior, and escalated noise levels;
4. 
Ensuring that alcoholic beverage sales activities are not a source of undue public nuisance in the community;
5. 
Providing for properly maintained alcoholic beverage sales establishments so that the negative impacts generated by these activities are not harmful to the surrounding environment in any way; and
6. 
Monitoring deemed approved activities or establishments to ensure they do not substantially change in mode or character of operation such that they pose a nuisance to the surrounding area.
B. 
Applicability of Alcoholic Beverage Sales Regulations.
1. 
To Which Property Applicable. These regulations shall apply, to the extent permissible under other laws, to all new, deemed approved, and by-right alcoholic beverage sale activities or establishments within the City.
2. 
Duplicated Regulation. Whenever any provision of these regulations or any other provision of law, whether set forth in this code, or in any other law, ordinance, or resolution of any kind, imposes overlapping or contradictory regulations, or contain restrictions covering the same subject matter, the provision that is more restrictive or imposes higher standards shall control, except as otherwise expressly provided in these regulations.
C. 
Definitions.
Administrative Hearing Officer.
A hearing officer as provided for in Chapter 1.44. For the purposes of these regulations, decisions rendered by an Administrative Hearing Officer will be treated as a decision by the Director and, therefore, subject to Stockton Municipal Code Chapter 16.100, Appeals.
Alcoholic Beverage.
Alcohol, distilled spirits, liquor, wine, beer, and any liquid or solid containing alcohol, distilled spirits, wine, or beer, that contains 1/2 of 1% or more of alcohol by volume that is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances, the sale of which requires an ABC license.
Alcoholic Beverage Sales Activity.
The retail sale of alcoholic beverages for on-site or off-site consumption, including liquor stores (defined as any retail establishment having more than 20 percent of its gross floor area devoted to the sale, storage and/or display of alcohol), convenience stores, markets, taverns, bars, and restaurants with bars. This does not include restaurants that serve alcoholic beverages as part of a meal.
Alcoholic Beverage Sales Establishment.
An establishment where alcoholic beverage sales activity occurs, including but not limited to: liquor stores, beer and wine stores, convenience markets, neighborhood specialty food markets, retail sales establishments, wine shops, service stations, taverns, clubs, cocktail lounges, ballrooms, cabarets, dance bars, piano bars, billiard or game parlors, bowling alleys, nightclubs, dance halls, cafes, bars, restaurants with bars, full-service restaurants, and fast food establishments.
Bars and Nightclubs (On-Sale)(Land Use).
Businesses where alcoholic beverages are sold for on-site consumption and which are not part of a larger restaurant. Includes bars, taverns, pubs, cigar bars, and similar establishments where any food service is subordinate to the sale of alcoholic beverages; cabarets and other adult-related establishments that comply with the standards for adult-related establishments (Section 16.80.030); and beer brewing as part of a microbrewery or other beverage tasting facilities. May include entertainment (e.g., live music and/or dancing, comedy, etc.) which shall comply with the standards for live entertainment (Section 16.80.180). Bars and nightclubs shall also comply with the standards for problem uses (16.80.270).
By-Right Activity or Establishment.
An activity or establishment that is not subject to consideration and approval of a commission use permit or land development permit under the Development Code. For purposes of these regulations, by-right activities or establishments shall be subject to the same operational standards and violations and penalties as deemed approved activities or establishments.
California Department of Alcoholic Beverage Control (ABC).
The Department empowered by the State of California to act pursuant to Article 20, Section 22, of the California Constitution and authorized to administer the provisions of the Alcoholic Beverage Control Act.
Commission Use Permit.
A use permit for an alcoholic beverage sales activity or establishment issued by the Planning Commission pursuant to the provisions of the Development Code.
Conditions of Approval.
A requirement imposed on permits issued to new alcoholic beverage sales activities or establishments and legal nonconforming alcoholic beverage sales activities or establishments to comply with applicable operational standards.
Crime Reporting District.
A geographically designated area used by the Police Department to track crime statistics in the City of Stockton.
Deemed Approved Activity or Establishment.
Any previous legal nonconforming alcoholic beverage sales activity or establishment pursuant to Chapter 16.228 that continues its activities after the effective date of the ordinance codified in this section in compliance with all deemed approved standards and provisions.
Deemed Approved Status.
An activity or establishment as defined in subsection (E)(2).
Full-Service Restaurant.
A place which is regularly and in a bona fide manner used and kept open for the serving of at least lunch and dinner to guests for compensation and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods which may be required for such meals. The sale or service of sandwiches (whether prepared in a kitchen or made elsewhere and heated up on the premises) or snack foods shall not constitute a full-service restaurant. A "full-service restaurant" shall make actual and substantial sales of "meals" to guests for compensation. Substantial sales shall mean that no less than 60 percent of total revenue shall be generated from food service and no more than 40 percent of revenue from the sales of alcohol.
Illegal Activity.
An activity that has been determined to be out of compliance with the alcoholic beverage sales standards.
Incidental or Secondary Use.
Revenue from the sale of alcohol that is equal to or less than 40 percent of the establishment's total gross revenue. Records of gross receipts shall be provided to the Department upon request.
Legal Nonconforming Alcoholic Beverage Sales Activity or Establishment.
Alcoholic beverage sales activity or establishment pursuant to Chapter 16.228 for which a valid state of California Alcoholic Beverage Control license had been issued and used in the exercise of the rights and privileges conferred by the license at a time prior to the effective date of the ordinance codified in this section.
New Alcoholic Beverage Sales Activity or Establishment.
An activity or establishment that requires consideration and approval of a commission use permit or land development permit under the Development Code.
Off-Sale Alcoholic Beverage Establishment.
An establishment that conducts retail sales of alcoholic beverages for consumption off the premises where sold.
On-Sale Alcoholic Beverage Establishment.
An establishment that conducts retail sales of alcoholic beverages for consumption on the premises where sold.
Problem Use.
The off-sale of alcoholic beverages, bars, and night clubs with the on-sale of alcoholic beverages shall be deemed a problem use, subject to a commission use permit in compliance with Chapter 16.168 (Use Permits) and the requirements of Section 16.80.270 (Problem uses).
Repeated Nuisance.
A person, thing, or a circumstance that constitutes a repeat violation of the regulations of this section and/or that interferes with the use and enjoyment by the general public.
Sidewalk Café.
Any restaurant with outdoor dining that serves alcohol on a public sidewalk or public right-of-way as authorized by the Council under Section 9.64.020 (Drinking liquor in public) and Section 16.72.127 (Revocable permit). The applicable permit is obtained in compliance with Table 2-2 (Allowable Land Uses and Permit Requirements).
D. 
Standards (New Alcoholic Beverage Sales).
1. 
Purpose. The purpose of these standards is to control dangerous or objectionable environmental effects of alcoholic beverage sales activities. These standards shall apply to all new alcoholic beverage sales activities or establishments requiring consideration and approval of a commission use permit or land development permit under the Development Code for the purpose of achieving the following objectives:
a. 
Protect surrounding neighborhoods from the harmful effects attributable to the sale of alcoholic beverages and to minimize the adverse impacts of nonconforming and incompatible uses.
b. 
Encourage businesses selling alcoholic beverages to operate in a manner that is mutually beneficial to other such businesses and other commercial and civic activities.
c. 
Provide a mechanism to address problems often associated with the public consumption of alcoholic beverages, such as litter, loitering, graffiti, and noise levels.
d. 
Ensure that businesses selling alcoholic beverages are not the source of undue public nuisances in the community.
e. 
Ensure that sites where alcoholic beverages are sold are properly maintained so that negative impacts generated by these activities are not harmful to the surrounding environment in any way.
The provisions of this section are intended to complement the State of California alcohol-related laws. The City does not intend to replace or usurp any powers vested in the California Department of Alcoholic Beverage Control.
2. 
Location Restrictions.
a. 
New alcoholic beverage sales activities or establishments shall not be located within 500 feet of any of the following:
i. 
A public or private academic school for students in kindergarten through 12th grade, nursery school, preschool, or day-care facility. For the purpose of this section, distances shall be measured between the closest property lines of the affected locations; and
ii. 
A public park, playground, recreational area, or youth facility.
Each application shall be analyzed by the applicable Review Authority to ensure that the application is consistent with the purpose and intent of this provision. The applicable Review Authority has the discretion to waive these restrictions to promote and support local economic business growth throughout the City including areas like the Downtown District, Miracle Mile, and Yosemite Shopping Center.
b. 
The following new alcoholic beverage sales activities or establishments (on-sale and off-sale) may be exempt from location restrictions:
i. 
Establishments containing 10,000 square feet or more with a maximum of 10 percent of its gross floor area devoted to the sale, display, and/or storage of alcohol, including, but not limited to, supermarkets and drug stores, which do not sell alcoholic beverages as their principal business.
ii. 
Full-Service Restaurants. A place which is regularly and in a bona fide manner used and kept open for the serving of at least lunch and dinner to guests for compensation and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods which may be required for such meals. The sale or service of sandwiches (whether prepared in a kitchen or made elsewhere and heated up on the premises) or snack foods shall not constitute a full-service restaurant. A "full-service restaurant" shall make actual and substantial sales of "meals" to guests for compensation. Substantial sales shall mean that no less than 60 percent of total revenue shall be generated from food service and no more than 40 percent of revenue from the sales of alcohol.
iii. 
Establishments where the on-site consumption of alcoholic beverages is allowed as an incidental or secondary use, subject to consideration by and recommendations from the Police Department, including, but not limited to, beauty salons, nail salons, or movie theaters.
iv. 
Establishments where the on-site consumption of alcoholic beverages is an incidental or secondary use, including, but not limited to, membership clubs, social, veterans or fraternal organizations.
v. 
Establishments with an ancillary tasting room or craft brewery with a full-service restaurant, including, but not limited to, an alcoholic beverage manufacturer, such as a craft brewery.
vi. 
Establishment whose application has been deemed complete prior to the effective date of this Development Code.
c. 
Special Circumstances. Upgrade or transfer of an existing off-sale alcoholic beverage license in the same census tract where there is already an over-concentration of off-sale alcoholic beverage licenses as defined by Business and Professions Code Section 23958.4.
i. 
Upgrading an existing off-sale alcoholic beverage license at the same location shall comply with the following requirements:
(A) 
Not result in a net increase of the number of such licenses in a census tract where an over-concentration currently exists;
(B) 
Be exempt from location restrictions under subsection (2)(a);
(C) 
Transfer the existing off-sale alcoholic beverage license to outside another census tract or cancel such license;
(D) 
Obtain a new commission use permit.
ii. 
Transferring an existing off-sale alcoholic beverage license from one location to another location within the same census tract where there already exists an over-concentration of off-sale alcoholic beverage licenses shall comply with the following requirements:
(A) 
Not result in a net increase of the number of such licenses in an existing over-concentration census tract;
(B) 
Comply with the location restrictions under subsection (2)(a);
(C) 
Voluntarily surrender a previously-approved commission use permit, if applicable, at the original location from the property owner. The form for "Surrender of Use" shall be notarized by a notary public; and
(D) 
Obtain a new commission use permit.
d. 
In the review of commission use permit applications for new alcoholic beverage sales establishments and upgrades or transfers of existing ABC licenses, which are considered problem uses as defined herein, the following shall be considered and may be grounds for denial based upon potential adverse effects to the public interest, health, safety or convenience:
i. 
On-Sale of Alcoholic Beverage Sales Establishment.
(A) 
Establishment shall not be located in a crime reporting district, where the average number of crimes in that district exceeds the average number of crimes for all reporting districts citywide by more than 20 percent; or
(B) 
Establishment shall not be located in an area within 500 feet of an existing on-sale alcoholic beverage establishment or any location that would lead to the grouping of more than four on-sale alcoholic beverage establishments within a 1,000-foot radius.
ii. 
Off-Sale of Alcoholic Beverage Sales Establishment.
(A) 
Establishment shall not be located in a crime reporting district, where the average number of crimes in that district exceeds the average number of crimes for all reporting districts citywide by more than 20 percent; or
(B) 
Establishment shall not be located in an area within 500 feet of an existing off-sale alcoholic beverage establishment or any location that would lead to the grouping of more than four off-sale alcoholic beverage establishments within a 1,000-foot radius.
Each application shall be analyzed by the applicable Review Authority to ensure that the application is consistent with the purpose and intent of this provision. The applicable Review Authority has the discretion to waive these restrictions to promote and support local economic business growth, throughout the City including areas like: the Downtown District, Miracle Mile, and Yosemite Shopping Center.
3. 
Permitting Requirements.
a. 
The following alcoholic beverage sales activities and establishments must obtain a land development permit with the applicable Review Authority approval.
i. 
Establishments where the on-site consumption of alcoholic beverages is allowed as an incidental or secondary use, subject to consideration by and recommendations from the Police Department, including, but not limited to, beauty salons, nail salons, or movie theaters.
ii. 
Establishments where the on-site consumption of alcoholic beverages is an incidental or secondary use, including, but not limited to, membership clubs, social, veterans or fraternal organizations.
iii. 
Establishments with an ancillary tasting room or craft brewery with a full-service restaurant, including, but not limited to, an alcoholic beverage manufacturer, such as a craft brewery.
Each application shall be analyzed by the applicable Review Authority to ensure that the application is consistent with the purpose and intent of this provision. The applicable Review Authority has the discretion to defer action and refer the application directly to the Planning Commission, pursuant to Section 16.136.020 (Review Authority) and in compliance with Section 16.88.050(C) (Public hearing review procedure).
b. 
The following alcoholic beverage sales activities shall be by-right uses.
i. 
Full-Service Restaurants. A place which is regularly and in a bona fide manner used and kept open for the serving of at least lunch and dinner to guests for compensation and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods which may be required for such meals. The sale or service of sandwiches (whether prepared in a kitchen or made elsewhere and heated up on the premises) or snack foods shall not constitute a full-service restaurant. A "full-service restaurant" shall make actual and substantial sales of "meals" to guests for compensation. Substantial sales shall mean that no less than 60 percent of total revenue shall be generated from food service and no more than 40 percent of revenue from the sales of alcohol;
ii. 
Establishments containing 40,000 square feet or more with a maximum of 10 percent of its gross floor area devoted to the sale, display, and/or storage of alcohol, including, but not limited to, super markets, drug stores, or retail stores which do not sell alcoholic beverages as their principal business;
iii. 
Establishments with a temporary alcohol license issued by the California Department of Alcoholic Beverage Control and established in compliance with all City codes and regulation;
iv. 
Catering businesses for private parties or banquets in compliance with ABC regulations; and
v. 
Wholesale of alcoholic beverages on-line or in a commercial or warehouse building.
4. 
Permit Application. Any person(s), association, partnership, corporation or other legal entity desiring to obtain a commission use permit or land development permit for an alcoholic beverage sales activity or establishment shall file an application with the City of Stockton Community Development Department pursuant to Chapters 16.168 and 16.136. The application shall be accompanied by a nonrefundable application processing fee in an amount adopted by the City Council in compliance with Section 16.168.040, Application filing, processing, and review.
The Planning Commission shall only approve the issuance of a commission use permit to allow new alcoholic beverage sales activity or establishment after making the findings listed in Section 16.168.050(A) through (C), Findings and decision.
5. 
Conditions of Approval.
a. 
On-Sale Alcoholic Beverage Establishments. The following condition(s) may be imposed by the applicable Review Authority:
i. 
Pay Telephone. Pay telephones on the site of the establishment shall be required to be of the type restricted to allow only outgoing calls and shall be located inside the building in a visible and well-lit area, subject to approval by the Chief of Police.
ii. 
Program. A "complaint response community relations" program established and maintained by the establishment conducting the alcoholic beverage sales activity may be required. The program may include the following:
(A) 
Posting at the entry of the establishment that provides the telephone number for the area commander of the local law enforcement substation.
(B) 
Coordinating efforts with the Police Department to monitor community complaints about the establishment's activities.
(C) 
Having a representative of the establishment meet with neighbors, or the applicable neighborhood association on a regular basis and at their request to attempt to resolve any neighborhood complaints regarding the establishment.
iii. 
Posting and Presentation of Documents. The commission use permit or land development permit shall be posted in a conspicuous place and shall be immediately made available to City personnel or police officers upon inspection of the premises.
iv. 
Hours of Operation. The City may limit the hours of operation for alcoholic beverage sales activities or establishments.
v. 
Security Cameras. Prior to the initiation of alcoholic beverage sales activity, the most current technology for a video surveillance system with at least a seven day continuous recording capability shall be in place. Video recordings shall be archived for at least 30 days. The video surveillance system shall cover the entire exterior of the premises, including the parking lot and the entrances to the building.
vi. 
Security Guards. An establishment may be required to retain a specified number of security guards. The number of security guards shall vary, based upon the specific facts and circumstances of each establishment and the proposed operation. All security guards shall be required to have all applicable State and City permits and licenses in place prior to the initiation of alcoholic beverage sales activity.
vii. 
Loitering. The establishment's operators or employees shall be required to discourage loitering on or near the premises and to ask persons loitering longer than 15 minutes to leave the area and contact local law enforcement officials for enforcement of applicable trespassing and loitering laws, if persons requested to leave fail to do so.
viii. 
Lighting. Exterior areas of the premises and adjacent parking lots shall be provided with sufficient lighting in a manner that provides adequate illumination for alcoholic beverage sales establishment patrons while not spilling onto surrounding parcels and rights-of-way. A photometric study may be required to demonstrate compliance once the use is initiated.
ix. 
Expiration. The commission use permit or land development permit shall be valid for the duration of the use, but if the alcohol sale license is revoked by the State of California, is transferred off-site, or if the establishment does not sell alcohol for a period of 24 months or more, the use permit may be subject to revocation following a public hearing.
x. 
Mitigating Alcohol-Related Problems. The establishment shall be required to operate in a manner appropriate with mitigating alcohol-related problems that negatively impact those individuals living or working in the neighborhood, including, but not limited to, sales to minors, the congregation of individuals, violence on or near the premises, drunkenness, public urination, solicitation, drug-dealing, drug use, loud noise, and litter.
xi. 
Training Program. The owners and all employees of the alcoholic beverage sales establishment who are involved in the sale of alcoholic beverages shall complete an approved course in "Responsible Beverage Sales" (RBS), or any other ABC approved course, within 60 days of hire for employees hired after the passage of the ordinance codified in this section or within six months of the passage of the ordinance codified in this section for existing employees. To satisfy this requirement, a certified program must meet the standards of the Alcohol Beverage Control Responsible Beverage Service Advisory Board, other certifying/licensing body Service Advisory Board, or other certifying/licensing body designated by the State of California.
The applicable Review Authority has the discretion to impose additional condition(s) of approval, as warranted by the application under consideration.
b. 
Off-Sale Alcoholic Beverage Establishments. The following condition(s) may be imposed by the applicable Review Authority:
i. 
Prohibited Products. To discourage nuisance activities, off-sale alcoholic beverage establishments may be prohibited from selling one or more of the following products:
(A) 
Wine or distilled spirits in containers of less than 750 milliliters.
(B) 
Malt beverage products with alcohol content greater than five and one-half (5 1/2) percent by volume.
(C) 
Wine with an alcoholic content greater than 14 percent by volume unless in corked bottles and aged at least two years.
(D) 
Beer or malt liquor sold individually in containers of 40 ounces or less.
(E) 
Containers of beer or malt liquor not in their original factory packages of six packs or greater.
(F) 
Distilled spirits in bottles or containers smaller than 375 milliliters.
(G) 
Cooler products, either wine-or malt beverage-based, in less than four pack quantities.
ii. 
Pay Telephone. Pay telephones on the site of an alcoholic beverage sales establishment shall be the type restricted to allow only outgoing calls and shall be located inside the building in a visible and well-lit area, subject to approval by the Chief of Police.
iii. 
Program. A "complaint response community relations" program established and maintained by the establishment conducting the Alcoholic Beverage Sales Activity may be required. The program may include the following:
(A) 
Posting at the entry of the establishment that provides the telephone number for the area commander of the local law enforcement substation to any requesting individual.
(B) 
Coordinating efforts with the Police Department to monitor community complaints about the establishment's activities.
(C) 
Having a representative of the establishment meet with neighbors, or the applicable neighborhood association on a regular basis and at their request to attempt to resolve any neighborhood complaints regarding the establishment.
iv. 
Chilled Alcoholic Beverages. An off-sale alcoholic beverage sales establishment may be prohibited from maintaining refrigerated or otherwise chilled alcoholic beverages on the premises.
v. 
Cups. In off-sale alcoholic beverage establishments, the sale or distribution to the customer of paper or plastic cups in quantities less than their usual and customary packaging may be prohibited.
vi. 
Hours of Operation. The City may limit the hours of operation for an alcoholic beverage sales activity or establishment.
vii. 
Signs. The following signs are required to be prominently posted in a readily visible manner on an interior wall or fixture, and not on windows, in English, Spanish, and any other predominant language of the patrons:
(A) 
"California State Law prohibits the sale of alcoholic beverages to persons under 21 years of age."
(B) 
"No Loitering or Public Drinking" signs shall be posted on the exterior of the business.
(C) 
The business shall post E.A.S.Y. (Eliminate Alcohol Sales to Youth) materials that are visible from outside the business.
(D) 
The consumption or carrying of open containers of alcoholic beverages on the premises of the off-sale alcohol establishment is not permitted. Signs advising patrons of this prohibition shall be posted adjacent to the front door on the interior of the building.
viii. 
Posting and Presentation of Documents. The commission use permit or land development permit shall be posted in a conspicuous place and shall be immediately made available to City personnel or police officers upon inspection of the premises.
ix. 
Mitigating Alcohol-Related Problems. The establishment shall be required to operate in a manner appropriate with mitigating alcohol-related problems that negatively impact those individuals living or working in the neighborhood, including, but not limited to: sales to minors, the congregation of individuals, violence on or near the premises, drunkenness, public urination, solicitation, drug-dealing, drug use, loud noise, and litter.
x. 
Drug Paraphernalia. Off-sale alcoholic beverage establishment shall be prohibited from selling drug/tobacco paraphernalia products as defined in Health and Safety Code Sections 11014.5 and 11364.5. "Drug paraphernalia" means all equipment products and materials of any kind, that are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the California Uniform Controlled Substances Act, commencing with California Health and Safety Code Section 11000.
xi. 
Loitering. The establishment's operators or employees shall be required to discourage loiterers on or near the premises and to ask persons loitering longer than 15 minutes to leave the area and contact local law enforcement officials for enforcement of applicable trespassing and loitering laws if persons requested to leave fail to do so.
xii. 
Security Cameras. Prior to the initiation of alcoholic beverage sales activity, the most current technology for a video surveillance system with at least a seven day continuous recording capability shall be in place. Video recordings shall be archived for at least 30 days. The video surveillance system shall cover the entire exterior of the premises, including the parking lot and the entrances to the building.
xiii. 
Security Guards. An establishment may be required to retain a specified number of security guards. The number of security guards shall vary, based upon the specific facts and circumstances of each establishment site and operation. All security guards shall have all required state and City permits and licenses prior to the initiation of alcoholic beverage sales activity.
xiv. 
Prohibited Vegetation. Exterior vegetation shall not be planted or maintained, if it could be used as a hiding place for persons on the premises. Exterior vegetation shall be planted and maintained in a manner that minimizes its use as a hiding place.
xv. 
Window Obstructions. No more than 20 percent of windows or clear doors shall bear advertising of any sort and all advertising signage shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance.
xvi. 
Training Program. The owners and all employees of the alcoholic beverage sales establishment who are involved in the sale of alcoholic beverages shall complete an approved course in "Responsible Beverage Sales" (RBS), or any other ABC approved course, within 60 days of hire for employees hired after the passage of the ordinance codified in this section or within six months of the passage of the ordinance codified in this section for existing employees. To satisfy this requirement, a certified program must meet the standards of the Alcohol Beverage Control Responsible Beverage Service Advisory Board, other certifying/licensing body Service Advisory Board, or other certifying/licensing body designated by the State of California.
xvii. 
Lighting. Exterior areas of the premises and adjacent parking lots shall be provided with sufficient lighting in a manner that provides adequate illumination for alcoholic beverage sales establishment patrons while not spilling onto surrounding parcels and rights-of-way. A photometric study may be required to demonstrate compliance once the use is initiated.
xviii. 
Expiration. The commission use permit or land development permit shall be valid for the duration of the use, but if the alcohol sales license is revoked by the State of California, is transferred off-site or if the establishment does not sell alcohol for a period of 24 months or more, the use permit may be subject to revocation following a public hearing.
The applicable Review Authority has the discretion to impose additional condition(s) of approval as warranted by the application under consideration.
6. 
Appeal of Action from Planning Commission. Any decision rendered by the Planning Commission, or the Community Development Director may be appealed to the City Council pursuant to Stockton Municipal Code Chapter 16.100.
7. 
Modification or Revocation of a Commission Use Permit. A commission use permit or land development permit for an alcoholic beverage sales activity or establishment may be modified or revoked by the Planning Commission pursuant to Stockton Municipal Code Chapter 16.108, for failure to comply with operational standards, training requirements, or conditions imposed through the commission use permit.
Notice of intention to modify or revoke shall be in writing and shall state the grounds therefor, pursuant to Stockton Municipal Code Section 16.108.030. At least 10 days before the date of the hearing, a notification shall be delivered in writing, via certified mail, with a return receipt requested.
8. 
Appeal from Modification or Revocation of Commission Use Permit. Any applicant or other person aggrieved by a determination of the Planning Commission to modify or revoke a commission use permit may appeal the decision to the City Council pursuant to Stockton Municipal Code Chapters 16.100 and 16.108.
E. 
Standards for Deemed Approved Alcoholic Beverage Sales.
1. 
Purpose. The purpose of these standards is to control dangerous or objectionable environmental effects of alcoholic beverage sales activities or establishments. These standards shall apply to all deemed approved alcoholic beverage sales activities or establishments under the Development Code for the purpose of achieving the following objectives:
a. 
Protect surrounding neighborhoods from the harmful effects attributable to the sale of alcoholic beverages and to minimize the adverse impacts of nonconforming and incompatible uses.
b. 
Encourage businesses selling alcoholic beverages to operate in a manner that is mutually beneficial to other such businesses and other commercial and civic activities.
c. 
Provide a mechanism to address problems often associated with the public consumption of alcoholic beverages, such as litter, loitering, graffiti, and noise levels.
d. 
Ensure that businesses selling alcoholic beverages are not the source of undue public nuisances in the community.
e. 
Ensure that sites where alcoholic beverages are sold are properly maintained so that negative impacts generated by these activities are not harmful to the surrounding environment in any way.
The provisions of this section are intended to complement the State of California alcohol-related laws. The City does not intend to replace or usurp any powers vested in the California Department of Alcoholic Beverage Control.
2. 
Automatic Deemed Approved Status. All alcoholic beverage sales activities or establishments, that were legal nonconforming activities or establishments, with respect to Chapter 16.228 of the Development Code, immediately before the effective date of the ordinance codified in this section shall automatically become deemed approved activities as of the effective date of the deemed approved alcoholic beverage sale regulations and shall no longer be considered legal nonconforming activities. Each deemed approved activity shall retain its deemed approved status as long as it complies with the operational standards in this chapter. However, any change in ABC license type including, but not limited to, a change from a type 20 to a type 21 license, or a substantial physical change of character of premises as defined in Title 4 of the California Code of Regulations Section 64-2(b), shall terminate the deemed approved status of the business activity and shall require a commission use permit or land development permit to continue operation. For purposes of this section, the approval of a commission use permit or land development permit shall not be automatic upon termination of the activities deemed approved status.
3. 
Notification to Owners of Deemed Approved Activities. The City or its designated enforcement authority shall notify the owner of each deemed approved activity, and also the property owner if not the same, of the activity's deemed approved status. The notice shall be sent by regular mail and shall include a copy of the operational standards in this section with the requirement that they be posted in a conspicuous and unobstructed place visible from the entrance of the establishment for public review. This notice shall also provide that the activity is required to comply with all operational standards and that the activity is required to comply with all other aspects of these regulations.
4. 
Termination and Discontinuance of Deemed Approved Status. Whenever an alcoholic beverage sales activity discontinues active operation for more than 180 consecutive days, ceases to be licensed by the State Department of Alcoholic Beverage Control (ABC) for a period of 180 days or greater, changes its activity so that ABC requires a different type of license, substantially changes its mode or character of operation, or extends its hours of operation, the deemed approved status shall be rescinded. Any subsequent alcoholic beverage sales commercial activity may be resumed only upon the granting of a commission use permit or land development permit, pursuant to the commission use permit or land development permit procedures in Chapters 16.136 and 16.168 of the Development Code. However, this requirement shall not apply to a closure for restoration of premises rendered totally or partially inaccessible by an extraordinary natural event that cannot be reasonably foreseen or prevented (such as a flood or earthquake) or a toxic accident, provided that the restoration does not increase the square footage of the business used for the sale of alcoholic beverages. Nor shall this requirement apply to a closure for purposes of repair, if that repair does not change the nature of the premises and does not increase the square footage of the business used for the sale of alcoholic beverages.
If another use has been substituted before the 180 consecutive days have lapsed, then the original deemed approved activity shall not be resumed.
Once it is determined by the City that there has been a discontinuance of active operation for 180 consecutive days or a cessation of ABC licensing, the matter shall be reviewed in a public hearing by the Administrative Hearing Officer following the same notice and public hearing procedures outlined in Stockton Municipal Code Section 16.108.030.
The phrase "substantial change of the mode or character of operation" shall apply to on-sale and off-sale alcoholic beverage establishments and includes, but is not limited to, the following:
a. 
The alcoholic beverage sales establishment increases the floor or land area or shelf space devoted to the display or sales of any alcoholic beverage.
b. 
The alcoholic beverage sales establishment expands the sale or service of any alcoholic beverages and/or increases the number of customer seats primarily devoted to the sale or service of any alcoholic beverages.
c. 
The alcoholic beverage sales establishment extends the hours of operation.
d. 
The alcoholic beverage sales establishment proposes to reinstate alcohol sales after the ABC license has been either revoked or suspended for a period 180 days or greater by ABC.
The alcoholic beverage sales establishment voluntarily discontinues active operation for more than 180 consecutive days or ceases to be licensed by the ABC.
5. 
Operational Standards. A deemed approved alcoholic beverage sales activity or establishment ("deemed approved activity") shall retain its deemed approved status only if it conforms to all of the following deemed approved operational standards:
a. 
The deemed approved activity shall not cause adverse effects to the health, peace or safety of persons residing or working in the surrounding area.
b. 
The deemed approved activity shall not jeopardize or endanger the public health, or safety of persons residing or working in the surrounding area.
c. 
The deemed approved activity shall not allow repeated nuisance activities within the premises or in close proximity of the premises, including, but not limited to: disturbance of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, excessive littering, loitering, graffiti, illegal parking, excessive loud noises, especially in the late night or early morning hours, traffic violations, curfew violations, or lewd conduct.
d. 
The deemed approved activity shall comply with all provisions of local, state or federal laws, regulations, or orders, including, but not limited to, those of the ABC, California Business and Professions Code Sections 24200, 24200.6, and 25612.5, as well as any condition imposed on any permits issued pursuant to applicable laws, regulations or orders. This includes compliance with annual City business license fees.
e. 
The deemed approved activity's upkeep and operating characteristics shall be compatible with and not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood.
f. 
A copy of these operational standards, any applicable ABC or City operating conditions, and any training requirements shall be posted in at least one prominent place within the interior of the establishment where it will be readily visible and legible to the employees and patrons of the establishment.
g. 
The owners and all employees of deemed approved establishments involved in the sale of alcoholic beverages shall complete an approved course in Licensee Education on Alcohol and Drugs (LEAD), or other "Responsible Beverage Service" (RBS) training or any other ABC approved course within 60 days of hire for employees hired after the passage of this Development Code, or within six months of the passage of the Development Code for existing employees. To satisfy this requirement, the RBS course must be recognized by the California Department of Alcoholic Beverage Control. The RBS course shall include at a minimum the following: a review of ABC laws and regulations; administrative, criminal and civil liabilities; acceptable forms of identification; and how to identify minors and persons already intoxicated.
i. 
Sit down restaurants that continue to serve menu items until closing and whose predominant function is the service of food and where the on-site sale of alcoholic beverages is incidental or secondary are exempt from this training requirement. Fraternal organizations and veterans clubs with the on-sale of alcoholic beverage are exempt from this training requirement. (Establishments which are primarily a bar or lounge or have a bar or lounge area as a principal or independent activity are not included in this exemption.)
ii. 
Retail establishment containing 10,000 square feet or more with a maximum of 10 percent of its gross floor area devoted to the sale, storage and/or display of alcohol, and subject to this training requirement may elect to send only supervisory employees to the RBS training or any other ABC approved course. The supervisory employees would then be responsible for training all employees who are involved in the sale of alcoholic beverages.
F. 
Violations and Penalties.
1. 
General. Any person or entity that violates or permits another person to violate any provision of this section is guilty of either an infraction or a misdemeanor.
a. 
Any violation of this section may result in any or all of the following actions and/or fines:
i. 
A misdemeanor punishable by either six months in jail, and/or $1,000.00 fine;
ii. 
Issuance of administrative citation(s) and/or an order to abate violation(s) of this section with a fine for each and every safety violation of $1,000.00, plus any administrative expenses incurred in the enforcement of this section;
iii. 
Administrative injunction ordering the action constituting a violation of this section to immediately cease and desist; such an order may require an order that the property be immediately vacated to protect the health, safety and welfare of the community;
iv. 
In addition to all other remedies or penalties provided by law, violation of the provisions contained in this section are punishable in the same manner as set forth in Chapter 1.32, as follows:
(A) 
$200.00 administrative citation for the first violation;
(B) 
$500.00 administrative citation for the second and subsequent violations.
b. 
Each day the violation(s) continue shall be deemed a new violation subject to additional citations, penalties, and fines.
c. 
Violation of any provision of this section may be filed as an infraction or a misdemeanor at the discretion of the City Attorney.
d. 
All fines shall be the obligation of the owner and/or responsible party and are due and payable within 30 days of issuance of the citation, provided that when a request for a hearing is made, the fines and administrative expenses shall be due and payable within 30 days of the date of the Administrative Hearing Officer's written decision. Any fine or administrative expense not paid within the time limits set forth shall be collected pursuant to Title 1 of the Stockton Municipal Code.
e. 
Public Nuisance. In addition to the penalties provided in this section, any use or condition caused or permitted to exist in violation of any of the provisions of these regulations shall be and is declared to be a public nuisance and may be abated as such by the City.
2. 
Investigative Procedures of Potential Violations. Upon the City's receipt of a complaint from a Code Enforcement Officer, Police Officer or any other interested person, that a commission use permit, or land development permit activity is in violation of the operational standards and conditions of approval contained in this section, the following procedures apply:
a. 
The officials responsible for enforcement of the Development Code, or duly authorized representatives, may enter on any site or into any structure for the purpose of investigation, provided they shall do so in a reasonable manner, whenever they have cause to suspect a violation of any provision of these regulations, or whenever necessary to the investigation of violations to the deemed approved operational standards or conditions of approval prescribed in these regulations. An owner or occupant or agent thereof who refuses to permit such entry and investigation shall be guilty of infringing upon the violations and penalties as outlined in subsection (F)(1), and subject to related penalties thereof.
b. 
If the officials responsible for enforcement of the Development Code, or their duly authorized representatives, determine that the activity is in violation of the operational standards and/or conditions of approval, the Code Enforcement Officer may issue an administrative citation or an administrative civil penalties notice, which then may be subject to a hearing by the Administrative Hearing Officer, pursuant to Stockton Municipal Code Chapters 1.32, 1.40, and 1.44.
c. 
Any administrative citation or administrative civil penalties notice issued under this section shall be issued, processed, and enforced in compliance with the provisions of Stockton Municipal Code Chapters 1.32, 1.40, and 1.44, unless otherwise expressly provided herein.
3. 
Administrative Hearing Officer. Upon the filing of an appeal, pursuant to Chapter 1.32, the City shall appoint an Administrative Hearing Officer, pursuant to Stockton Municipal Code Section 1.44.030, to conduct hearings, make findings, and determine whether violations of the operational standards and conditions of approval, as well as whether undue negative impacts or public nuisance activities have occurred, are occurring, or are likely to occur in the future. The assigned Administrative Hearing Officer shall exercise all powers and authority delegated to him/her by Stockton Municipal Code Chapter 1.44.
The Administrative Hearing Officer shall determine whether the activity is in compliance with the operational standards and/or conditions of approval of the commission use permit, land development permit, or deemed approved status.
In reaching a determination as to whether a use has violated the standards or conditions of approval of the commission use permit, land development permit, or deemed approved status, or as to the appropriateness of imposing additional or amended conditions on a use, recommending revocation of a use, or assessing administrative or civil penalties, the Administrative Hearing Officer may consider:
a. 
The length of time the activity has been out of compliance.
b. 
The impact of the violation on the community.
c. 
Any information regarding the owner of the activity's efforts to remedy the violation.
"Efforts to remedy" shall include, but are not limited to:
a.
Timely calls to the Police Department that are placed by the use permit holder or responsible party.
b.
Requesting that those persons engaging in activities causing violations of the operational standards and/or conditions of approval, cease those activities, unless the use permit holder or responsible party.
c.
Making improvements to the property or operations, including, but not limited to, the installation of lighting sufficient to illuminate the area within the property line, the installation of security cameras, the clearing of window obstructions, the cleaning of sidewalks, and the abatement of graffiti.
Based on this determination, the Administrative Hearing Officer may find that the establishment is:
i.
In compliance with the operational standards or conditions of approval of the commission use permit, land development permit, or deemed approved status and dismiss the citation; or
ii.
In violation of the operational standards or conditions of approval of the commission use permit, land development permit, or deemed approved status and impose administrative civil penalties, pursuant to Stockton Municipal Code Chapter 1.40; or
iii.
In violation of the operational standards or conditions of approval of the commission use permit, land development permit, or deemed approved status and impose reasonable conditions, similar to those imposed on new alcoholic beverage sales activities or establishments in subsection (D)(5)(a) and (b), to ensure compliance with the operational standards or conditions of approval of the commission use permit, or land development permit, or deemed approved status; or
iv.
In violation of the operational standards or conditions of approval of the commission use permit, land development permit, or deemed approved status and refer the matter to the Planning Commission with a recommendation to modify or revoke the commission use permit, land development permit, or deemed approved status, in accordance with Stockton Municipal Code Chapter 16.108.
If in the judgment of the Administrative Hearing Officer, the establishment's activities constitute a nuisance, the owner is unable or unwilling to abate the nuisance, and the nuisance is shown to be a threat to the public health and safety of the surrounding neighborhood, the Administrative Hearing Officer may recommend that the Planning Commission modify or revoke the activity's use permit.
The decision of the Administrative Hearing Officer shall become final and conclusive 10 calendar days after the date of decision, unless the decision is appealed in accordance with the procedures for filing and processing of appeals provided in Stockton Municipal Code Section 16.100.040. In addition to the requirements in Section 16.100.040, any interested party must enter into the record any issues and/or oral, written, and/or documentary evidence for the consideration of the applicable Review Authority.
(Prior code § 16-365.035; Ord. 015-09 C.S., eff. 12-3-09; Ord. 011-11 C.S. § 1, eff. 10-27-11; Ord. 2016-01-26-1601 C.S. § 3)

§ 16.80.050 Amusement devices.

A. 
Allowed Uses. The following amusement devices, as defined in Division 8 (Glossary), may be allowed as accessory or incidental uses to a primary commercial use as follows:
1. 
General Amusement Devices. No more than two amusement devices (e.g., electronic game machines, pinball machines, shooting galleries, bowling games, shuffleboard, movie machines, etc.) may be allowed as an accessory or incidental use to a primary commercial use.
2. 
Pool/Billiard Tables. One pool/billiard table may be allowed as an accessory or incidental use to a primary commercial use.
3. 
Combination Pool Tables and Other Amusement Devices. No more than one pool table and one coin-operated amusement device may be allowed as an accessory or incidental use to a primary commercial use.
B. 
Uses Requiring a Permit. The following amusement devices shall require a use permit as identified in compliance with Chapter 16.168 (Use Permits):
1. 
Arcades. An arcade, composed of three or more amusement devices, or two or more amusement devices in conjunction with one accessory pool table, shall require an administrative use permit.
2. 
Pool/Billiard Tables. Two or more pool/billiard tables as accessory or incidental uses or one or more pool/billiard tables as a primary use constitute a problem use subject to a Commission use permit and the requirements of Section 16.80.270 (Problem uses).
3. 
Private Viewing Facilities. Private viewing facilities, regardless of the number of booths or viewing areas, shall constitute a problem use subject to a Commission use permit and the requirements of Section 16.80.270 (Problem uses).
(Prior code § 16-365.040)

§ 16.80.060 Animal regulations.

The purpose of this section is to ensure that the raising and maintenance of animals does not create an adverse impact on adjacent properties by reason of dust, noise, visual blight, odor, fumes, bright lights, or insect infestations.
A. 
Pre-Existing Uses. Any legally established nonconforming animal-keeping use that became nonconforming upon adoption of this Development Code, shall be allowed to continue subject to Chapter 16.228 (Nonconforming Uses, Structures, and Parcels).
B. 
Existing Lots of Record. Animals may be kept on legally established lots of record, even if less than the minimum lot size referenced in Table 3-14, subject to compliance with setback regulations of the underlying zoning district and the requirements of this Development Code.
C. 
Uses Not Allowed. Live hogs, swine, shoats, pigs, pot-bellied pigs, roosters, cockerels, and wild animals (as defined in Section 6.04.020 of the Municipal Code) shall not be permitted within the corporate limits of the City, except as exempt under Chapter 6.04.480 of the Municipal Code.
D. 
Allowed Uses. Animal-keeping uses allowed in Division 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), shall comply with the standards provided in Table 3-14, and with all other standards and requirements of this section and this Development Code and with all other applicable sections of the Municipal Code.
E. 
Animal-Keeping Standards. The standards in Table 3-14 shall apply to all animal-keeping uses.
TABLE 3-14
ANIMAL-KEEPING STANDARDS
Type of Animal
Maximum Number of Animals per Site
Minimum Lot Size
Setback from Property Lines
Zoning Districts
Aviary (raising for commercial purposes)
50 birds per acre
1/2 acre
50 feet
IL, IG
Cats or dogs
Total of 3 cats and/or dogs over the age of 4 months
None
None
All
Chinchilla, hamsters, guinea pigs, cavy and similar small animals (raising for commercial purposes)
100 per acre
1/2 acre
50 feet
IL, IG
Small household pets (e.g., birds, domesticated rodents, homing pigeons, nonpoisonous reptiles other than snakes)
Any combination totaling 10
None
None
All
Aquariums
Unlimited
None
None
All
Poultry, fowl (e.g. chickens, ducks) (not including roosters or cockerels)
Commercial/farm
150 animals per acre
1/2 acre
5 feet
RE, IG, OS
Residential (hobby)
4 per 5,000 square feet
5,000 square feet
5 feet
RL, RM, RH
Market garden/urban farm
4 per 5,000 square feet
5,000 square feet
5 feet
CO, CN, CD, CL, IL
Subject to District approval
PT
Dog kennels, catteries, animal shelters, and dog and cat breeding facilities.
Subject to Commission use permit
1/2 acre
50 feet
RE, IL, IG
Horses, cows, bison, or similar sized animals
Commercial/farm
Subject to an administrative use permit
1 acre
100 feet
RE, IG
Residential (hobby)
1 per 10,000 square feet
12,000 square feet
50 feet
RE, OS
Market garden/urban farm
1 per 10,000 square feet
12,000 square feet
50 feet
RE, IG, OS
Sheep, goats, and similar sized animals (not including pigs)
Commercial/farm
Subject to an administrative use permit
1 acre
50 feet
RE, IG
Residential (hobby)
5 per 10,000 square feet
12,000 square feet
50 feet
RE
Market garden/urban farm
5 per 10,000 square feet
12,000 square feet
50 feet
RE, RL, IG, OS
Worm farms, fish farms, and similar uses
Subject to an administrative use permit
1 acre
50 feet
RE, IG
Bee keeping
Commercial/farm
Subject to an administrative use permit
1 acre
50 feet
RE, IG
Residential (hobby)
2 hives
5,000 square feet
10 feet*
RE, RL
Market garden/urban farm
2 hives per ½ acre
½ acre
50 feet
RE, RL, CL, CN, IG, IL
Notes:
* If a flyway barrier is established per Section 16.80.350, setback may be reduced to 5 feet.
F. 
Keeping of Chickens/Ducks—Restrictions.
1. 
It is unlawful to keep, possess, or maintain chickens/ducks on any parcel of property located in the City, except in accordance with the following restrictions:
a. 
The maximum number of hen chickens/ducks kept on a developed lot used for residential purposes, is subject to Table 3-14.
b. 
All hen chickens/ducks shall be confined in a pen, coop, cage, or other enclosure when not supervised. Supervision is being physically present, or within an immediate distance, and available to respond immediately. Enclosures within residential districts shall be subject to accessory structure requirements as referenced in Section 16.36.035 of this Code.
i. 
"Other" enclosures shall be determined on a case by case basis by the Director.
c. 
Pens, coops, cages, or other enclosures shall be maintained in an orderly manner and kept clean.
d. 
In addition to property line setbacks identified in Table 3-14, all hen chickens/ducks shall be kept within an enclosure that is at least 20 feet distant from the nearest neighbors dwelling on an adjacent parcel. Enclosures shall be situated in either the side or rear yard behind a solid fence, structure, or wall. Enclosures shall not obstruct or partially obstruct any required exits from any dwelling unit, as determined by the Building Official.
e. 
No hen chickens/ducks shall be kept in the front yard on any developed lot used for residential purposes.
f. 
The keeping of hen chickens/ducks is subject to Section 8.20.040 (Animal Noise).
g. 
No hen chickens/ducks shall be slaughtered on any residentially zoned lot.
2. 
Roosters shall not be permitted within the corporate limits of the City.
(Prior code § 16-365.050; Ord. 023-07 C.S. § 83; Ord. 2020-09-15-1501 C.S. § 9; Ord. 2025-06-03-1601, 6/3/2025)

§ 16.80.070 Auto and vehicle sales/leasing/rental facilities.

A. 
Lots. All auto and vehicles sales/leasing/rental lots shall be subject to the development standards for off-street parking lots in compliance with Section 16.64.080 (Development standards for off-street parking), except for interior parking lot landscaping (Section 16.64.080(F)) in areas where cars that are for sale/lease/rent are displayed.
B. 
Parking. Parking for auto and vehicle sales/leasing/rental shall be in compliance with Table 3-9 (Parking Requirements for Land Use) based on the parking requirements for each type of land use in or on the facility (sales area in accordance with retail trade requirements, service area in compliance with requirements for services requirements).
(Prior code § 16-365.055; Ord. 023-07 C.S. § 84; Ord. 001-08 C.S. § 21)

§ 16.80.080 Assembly, places of.

Places of assembly, including religious places of worship and land uses listed under recreation, education, and public assembly uses in Table 2-2 (Allowable Land Uses and Permit Requirements), shall be allowed in the various zoning districts in compliance with Division 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) and the following standards:
A. 
Separation. The main assembly hall, sanctuary, or other assembly areas shall be separated from the nearest parcel used for residential purposes by a minimum of 30 feet.
B. 
Parking. Parking shall be required in compliance with the requirements of Chapter 16.64 (Off-Street Parking and Loading Standards) for specific types of places of assembly.
C. 
Signs. Signs shall be in compliance with the requirements of Chapter 16.76 (Sign Standards).
D. 
Religious Facilities. All buildings within the grounds of a religious facility shall be subject to the requirements for primary structures.
(Prior code § 16-365.057; Ord. 023-07 C.S. § 85)

§ 16.80.090 Bed and breakfast inns.

This section establishes standards for the establishment and operation of bed and breakfast inns in zoning districts where they are allowed in compliance with the provisions of Division 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards).
A. 
Zone Requirements. Bed and breakfast inns shall be subject to the requirements of the zoning district in which they are located and the permitting requirements of Table 2-2.
B. 
Size. Accommodations shall consist of a maximum of 10 guest rooms plus accommodations for a resident manager.
C. 
Length of Stay and Meals. Visitor occupancy is limited to a maximum of seven consecutive days. At least one meal per day shall be served to guests. No meal service shall be available to persons or groups who are not resident guests.
D. 
Architectural Character. Bed and breakfast inns are limited to the adaptive conversion, reuse, or reproductions of historically or architecturally unique residential structures, which are compatible with the surrounding neighborhood. New structures and additions to existing structures shall be residential in character.
E. 
Parking. An off-street parking facility shall be provided on the same property as, or immediately abutting the site of, the inn and shall be developed in compliance with the City's parking lot development standards and the requirements of Chapter 16.64 (Off-Street Parking and Loading Standards). A waiver of the parking requirements may be granted by the Review Authority.
F. 
Fencing Requirements. Where the site of a proposed bed and breakfast inn abuts a residential zone, a six foot high solid fence of masonry and wood or solid masonry shall be erected and maintained along the side and rear property lines, subject to the approval of the Director.
G. 
Landscaping. Landscaping shall be provided in compliance with Chapter 16.56 (Landscaping Standards) and on any undeveloped portion of the site that is visible from the right-of-way, including areas along the driveway.
H. 
Signs. Signs shall identify the establishment as an inn and not as a motel, hotel, lodge, or similar use. Signs shall be wall mounted only and comply with the applicable standards of Chapter 16.76 (Sign Standards), except that signs shall be limited to eight square feet in size, shall not be internally or externally illuminated, shall not be located above the roofline, and shall be a maximum of one per street frontage.
I. 
Refuse Disposal. Refuse collection areas shall be clearly designated on the proposed site plan. Areas shall be clearly accessible for pickup and shall be screened from public view with solid walls and landscape materials. Waste disposal pickup bins (dumpsters) shall not occupy any required parking space nor intrude into required access drives.
J. 
Lighting Restrictions. Safety and security lighting for parking areas and structures shall not reflect on adjacent properties and shall be confined to ground lighting wherever possible.
(Prior code § 16-365.060)

§ 16.80.100 Child care facilities.

A. 
This section establishes standards for the provisions of child care facilities in zoning districts where they are allowed in compliance with the provisions of Division 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards). Child care facilities shall be in compliance with State law and in a manner that recognizes the needs of child care operators and minimizes the effects on surrounding properties. These standards apply in addition to the other provisions of this Development Code and requirements imposed by the California Department of Social Services.
1. 
License. The operator shall secure and maintain a license from the State of California Department of Social Services.
2. 
Fence or Wall. A minimum six-foot high solid decorative fence or wall shall be constructed on all property lines, except in the front yard or within a traffic sight area (Section 16.36.140). Fences or walls shall provide for safety with controlled points of entry. A minimum three-foot wide landscaped area shall be provided adjacent to the wall/fence and shall include a dense hedge of evergreen shrubs a minimum of 15 gallons in size.
3. 
Play Areas. The facility shall provide play areas:
a. 
Indoor Play Areas. Indoor play areas shall be in compliance with State requirements requiring 35 square feet of indoor play area per child; and
b. 
Outdoor Play Areas. Outdoor play areas shall be in compliance with State requirements requiring 75 square feet of designated fenced outdoor play area for each child. Pools shall be enclosed by a minimum five-foot high fence.
4. 
Hours of Operation. Unless otherwise stated in the use permit, hours of operation shall be confined to between 6:00 a.m. and 10:00 p.m. In no case shall an individual child stay for a continuous period of 24 hours or more.
5. 
Signs. One sign shall be permitted in compliance with Chapter 16.76 (Sign Standards).
6. 
Off-Street Parking. Off-street parking shall be provided in compliance with Chapter 16.64 (Off-Street Parking and Loading Standards), plus additional surface area shall be provided that is of sufficient size to accommodate off-street loading/unloading. The area used for parking shall not be used for both parking and as a play area at the same time.
7. 
Separation Standards.
a. 
The minimum separation between the main assembly building of the center and an adjacent residential property line shall be 30 feet; and
b. 
The facility shall not be located within 500 feet of another licensed large family child care home or child care center.
8. 
Location. Wherever possible, facilities shall be located in existing institutional facilities and/or along major streets.
B. 
Standards for Child Care Centers. The following standards for child care centers shall apply, in addition to those standards contained in subsection (B)(1) of this section (Standards for large family child care homes):
(Prior code § 16-365.070; Ord. 001-08 C.S. § 86; Ord. 2020-06-09-1501 C.S. § 20; Ord. 2025-06-03-1601, 6/3/2025)

§ 16.80.110 Christmas tree/holiday sales facilities.

Unless prohibited by the specific zoning district regulations, temporary Christmas tree, pumpkin patch, and other holiday sales facilities shall be allowed in any commercial, industrial, or institutional district, or on any church or school site that abuts a collector or arterial roadway, as designated in the General Plan. All temporary Christmas tree/holiday sales facilities shall be subject to the following requirements:
A. 
Permit Required. Christmas tree/holiday sales facilities shall:
1. 
Require a temporary activity permit in compliance with Chapter 16.164 in the RL, RM, RH, and CO zoning districts.
2. 
Be permitted in commercial and industrial zoning districts.
B. 
Date of Opening. A Christmas tree sales facility shall not be open for business during any calendar year before Thanksgiving; other holiday sales facilities shall not be open more than 30 days before the holiday.
C. 
Maintenance. Christmas tree/holiday sales facilities shall be kept clean and free of debris at all times during use of the property.
D. 
Merchandise to be Sold. A Christmas tree/holiday sales facility shall not engage in the sale of any merchandise not directly associated with Christmas trees, Christmas decorations, or other holidays.
E. 
Electrical Permit. The applicant shall secure an electrical permit from the City if the facility is to be energized.
F. 
Structures. The applicant shall secure the proper permits from the Building Division for any temporary structure or shelter.
G. 
Fire Prevention Standards. Each Christmas tree/holiday sales facility shall comply with fire prevention standards and permitting requirements as approved and enforced by the Fire Chief, including any burning or open fires or flocking or painting.
H. 
Off-Street Parking. The City Engineer shall approve all public access and surfacing of the parking area.
I. 
Removal of Facility. The facility shall be removed within 14 days after Christmas or other holiday and the premises cleared of all debris and restored to at least as good a condition as existed before the establishment of the facility.
(Prior code § 16-365.080; Ord. 015-09 C.S., eff. 12-3-09)

§ 16.80.120 (Reserved)

Note: Former Section 16.80.120, Condominium conversions, derived from Prior code § 16-365.090, was repealed by Ord. 2025-06-03-1601, 6/3/2025.

§ 16.80.130 Community gardens.

This section provides standards for the use of public and private property for the purpose of maintaining and operating a community garden. Community gardens shall be allowed in zoning districts identified in Table 2-2 of Section 16.20.020.
A. 
Standards. The following standards apply to all community gardens:
1. 
Setbacks. Structures and sheds shall comply with the setback requirements for the applicable zoning district.
2. 
Maintenance/Cleanup. Weeds and garden refuse shall be disposed of on at least a weekly basis.
3. 
Garbage and Compost. Garbage and compost receptacles must be screened from view from public streets and adjacent properties by utilizing measures such as landscaping, fencing, or storage within or behind structures. All garbage shall be removed from the site weekly. Compost piles and containers shall be set back at least 20 feet from the property line of a residentially zoned lot).
4. 
Watering. Irrigation and any other use of water shall be conducted in compliance with any City adopted water use regulations, including, but not limited to, Title 13, Public Services and Section 16.56.050.
5. 
Development. Installation, operation, or use of structures, fences, sheds, irrigation systems, sanitary facilities, etc., as accessory uses, shall be in compliance with this Development Code and all local, State, and Federal codes and regulations.
6. 
Separation. A minimum separation of five feet shall be maintained between the garden plots and any adjacent property line. This separation shall be maintained so as to be free of any weeds, garden refuse, sheds, structures, irrigation systems, or other combustible materials, and shall not be used for storage of any equipment, vehicles, or any other materials.
7. 
Lighting. Installation or use of any electrical or other artificial lighting structures or equipment is prohibited.
8. 
Management. A manager shall be designated for each community garden who shall serve as liaison between the gardeners, nearby property owners, and the City.
a. 
The community garden shall be posted with name and 24-hour contact phone number of the manager. The posting shall be no less than four inches by six inches and shall contain, along with the name and 24-hour contact number, the words "THIS COMMUNITY GARDEN MANAGED BY [INSERT MANAGER NAME]" and "TO REPORT PROBLEMS OR CONCERNS CALL [INSERT MANAGER PHONE NUMBER] OR EMAIL [INSERT MANAGER EMAIL ADDRESS]." The posting shall be placed on a stake of sufficient size to support the posting in a location that is visible from the street to the front of the property but not readily accessible to vandals. If vandalized, the sign shall be promptly replaced. Exterior posting must be constructed of and printed with weather-resistant materials.
b. 
Property owner permission to operate a community garden on subject property must be granted in writing and available if requested by the City.
9. 
Animals. The keeping or raising of animals shall not be permitted.
10. 
Operation. Community gardens shall only be allowed to be tended between dawn and dusk.
11. 
Plots.
a. 
Pathways between plots shall comply with Americans with Disabilities Act regulations.
b. 
Plots shall be a minimum of five feet from all property lines.
12. 
Storage. Material and equipment storage is limited to those necessary to carry out on-site cultivation and maintenance activities and shall be screened from the street and adjacent properties by utilizing landscaping, existing building(s), fencing or storage within structures.
13. 
Sales. Sales on-site are limited to incidental sales of produce grown on-site and subject to the following standards:
a. 
Sales within residential zoning districts shall only occur Friday through Monday from 7:00 a.m. to 7:00 p.m.
b. 
Sales within nonresidential zoning districts shall not have day/hour limitation.
c. 
When not in use, produce stands must be removed from the premises or stored on-site within an enclosed structure or behind screening consisting of landscaping, fencing or wall obstructing sight from a public street or adjacent property. Community garden produce stand operations that do not comply with this standard shall be subject to a code enforcement action.
B. 
Violations. It is unlawful for a property owner or any other person to establish or operate a community garden that is not in compliance with the requirements of this section.
(Prior code § 16-365.100; Ord. 011-11 C.S. § 1, eff. 10-27-11; Ord. 2020-09-15-1501 C.S. § 10)

§ 16.80.135 Market gardens/urban farms.

This section provides standards for the use of private property for the purpose of maintaining and operating a market garden/urban farms. Market gardens/urban farms shall be allowed in zoning districts identified in Table 2-2 of Section 16.20.020.
A. 
Standards. The following standards apply to all market garden/urban farms:
1. 
Setbacks. Primary and accessory structures shall comply with the setback requirements of Title 16 (Development Code).
2. 
Maintenance/Cleanup. Weeds and garden refuse shall be disposed of, at a minimum, on a weekly basis.
3. 
Garbage and Compost. Garbage and compost receptacles must be screened from view from public streets and adjacent properties by utilizing measures such as landscaping, fencing, or storage within or behind structures. All garbage shall be removed from the site weekly. Compost piles and containers shall be set back at least 20 feet from the property line of a residentially zoned lot.
4. 
Watering. Irrigation and any other use of water shall be conducted in compliance with any City adopted water use regulations, including, but not limited to, Title 13, Public Services and Section 16.56.050.
5. 
Development. Installation, operation, or use of structures, fences, sheds, irrigation systems, sanitary facilities, etc., as accessory uses, shall be in compliance with this Development Code and all local, State, and Federal codes and regulations.
6. 
Separation. A minimum separation of five feet shall be maintained between the garden plots and any property line. This separation shall be maintained so as to be free of any weeds, garden refuse, sheds, structures, irrigation systems, or other combustible materials, and shall not be used for storage of any equipment, vehicles, or any other materials.
7. 
Lighting. All lighting should adhere to Section 16.32.070.
8. 
Management. A manager shall be designated for each market garden/urban farm who shall serve as liaison between the gardeners, property owners, and the City.
a. 
The market garden/urban farm shall be posted with name and 24-hour contact phone number of the manager. The posting shall be no less than four inches by six inches and shall contain, along with the name and 24-hour contact number, the words "THIS MARKET GARDEN/URBAN FARM MANAGED BY______" and "TO REPORT PROBLEMS OR CONCERNS CALL _____." The posting shall be placed on a stake of sufficient size to support the posting in a location that is visible from the street to the front of the property but not readily accessible to vandals. If vandalized, the sign shall be promptly replaced. Exterior posting must be constructed of and printed with weather-resistant materials.
b. 
Property owner permission must be granted in writing and available if requested by the City.
9. 
Animals. The keeping or raising of animals shall be consistent with Section 16.80.060 of the Stockton Municipal Code.
10. 
Operation. Market garden/urban farms shall operate between the hours of 7:00 a.m. and 7:00 p.m.
11. 
Plots.
a. 
Pathways between plots shall comply with Americans with Disabilities Act regulations.
b. 
Pathways shall be a minimum five feet from all property lines.
12. 
Storage. Material and equipment storage is limited to those necessary to carry out on-site cultivation and maintenance activities and shall be screened from the street and adjacent properties by utilizing landscaping, existing building(s), fencing or storage within structures.
13. 
Sales. Sales on-site are limited to incidental sales of produce, flowers, fiber, nuts, seeds, herbs, honey and/or eggs and limited as follows:
a. 
Sales from market garden/urban farms within residential zoning districts shall occur daily from 7:00 a.m. to 7:00 p.m., unless otherwise stipulated in conditions of approval (if applicable).
b. 
Portable market garden/urban farm produce portable stands must be removed from the premises or stored inside an on-site structure during non-operating hours. Portable market garden/urban farm produce stand operations that do not comply with this standard shall be subject to a code enforcement action.
c. 
Market gardens/urban farms are not exempt from Title 5, Business Licenses and Regulations, of this code.
14. 
Pre-Existing Uses. Any established nonconforming market garden/urban farm use that became nonconforming upon adoption of this Development Code, shall be allowed to continue subject to Chapter 16.228 (Nonconforming Uses, Structures, and Parcels).
(Ord. 2020-09-15-1501 C.S. § 11)

§ 16.80.140 Convenience stores.

This section provides development standards for the establishment of convenience stores in zoning districts where they are allowed in compliance with Table 2-2 (Allowable Land Uses and Permit Requirements).
A. 
Parcel Size. The minimum parcel size shall be 15,000 square feet.
B. 
Parcel Frontage. The minimum parcel frontage on a single public street shall be 150 feet.
C. 
Service Stations. The service station (fueling station) portion of the convenience store shall be developed in compliance with Section 16.80.320 (Service stations (fueling stations)).
D. 
Off-Street Parking.
1. 
General Requirement. Off-street parking shall be in compliance with Chapter 16.64 (Off-Street Parking and Loading Standards).
2. 
Delivery Trucks. A parking area for fuel delivery trucks shall be provided. The parking area shall not interfere with vehicle circulation or parking.
E. 
Problem Use. Convenience stores shall be deemed a problem use subject to a Commission use permit in compliance with Chapter 16.168 (Use Permits) and the requirements of Section 16.80.270 (Problem uses).
(Prior code § 16-365.110; Ord. 023-07 C.S. § 87)

§ 16.80.150 Drive-in and drive-through facilities.

Retail trade or service uses providing drive-in/drive-through facilities shall be designed and operated to effectively mitigate problems of traffic, congestion, excessive pavement, litter, noise, and unsightliness.
A. 
Drive-through aisles shall have a minimum 10-foot interior radius at curves and a minimum 12-foot width.
B. 
Each drive-through entrance/exit shall be in compliance with Section 16.36.030 (Access—General).
C. 
Each entrance to an aisle and the direction of traffic flow shall be clearly designated by signs/pavement markings.
D. 
Each drive-through aisle shall be separated by curbing and landscaping from the circulation routes necessary for ingress or egress from the property or access to a parking space.
E. 
Pedestrian walkways should not intersect the drive-through access aisles, but where they do, they shall have clear visibility and be emphasized by enhanced paving or markings.
F. 
The provision of drive-through service facilities shall not justify a reduction in the number of required off-street parking spaces.
G. 
Drive-through access aisles shall provide at least 100 feet of space before a menu/order board. Additional menu-only boards may be provided.
H. 
Each drive-through aisle shall be appropriately screened with a combination of landscaping, low walls, and/or berms to prevent headlight glare from impacting adjacent residences, streets, and parking lots.
I. 
A minimum eight foot high solid decorative wall shall be constructed on each property line that adjoins a residentially zoned or occupied parcel. The design of the wall and the proposed construction materials shall be subject to the approval of the Director. A minimum five foot landscaping strip shall be provided between the fence and any driveway which shall be maintained by the owners, developers, and/or successors-in-interest.
J. 
The size and location of menu boards shall be subject to the discretion of the operator.
(Prior code § 16-365.120)

§ 16.80.155 Emergency shelters.

This section provides development standards for the establishment of any emergency shelter projects in zoning districts where they are allowed in compliance with the provisions of Division 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards). Nothing in this section modifies the requirements for approval of a religious facility as otherwise provided in this Code.
A. 
Location. An emergency shelter shall not be established or operated at any location less than 300 feet from another emergency shelter.
B. 
Maximum Number of Beds Per Facility. The maximum number of beds per facility shall be determined and as allowed by Building and Fire Codes.
C. 
Waiting Area. If the intake of clients occurs on-site there shall be provided an on-site site client intake and waiting area in a location not adjacent to the public right-of-way, that is fully screened from public view, and provides consideration for weather events including shade and rain cover. The intake and waiting area shall be suitably sized to prevent queuing in the public right-of-way or within any parking lot, but shall occupy a maximum area of 400 square feet.
D. 
Security. The facility shall have on-site security during all hours when the shelter is open.
E. 
Limited Terms of Stay. The maximum term of staying at an emergency shelter is six months in a consecutive 12-month period.
F. 
Emergency Shelter Management. On-site management shall be provided to address good neighbor issues, transportation, client supervision, client services and food services. The on-site management shall, at minimum, possess the property owner's and operator's names and contact information, provide on-site security and enact anti-loitering measures.
G. 
Compliance with Other Applicable Codes and Regulations. Each emergency shelter shall comply with all applicable local and State health and safety codes such as, but not limited to, the California Building Code, California Fire Code, and California Health and Safety Code.
H. 
Shelter Crisis. In the event that the City Council declares a shelter crisis, pursuant to California Government Code Section 8698.2, the following shall apply in regards to emergency/temporary housing:
1. 
Temporary Housing. Temporary structures for habitation, including, but not limited to, trailers, recreational vehicles, manufactured homes, tiny homes, and similar configurations are permitted on parcels with the approval of a temporary activity permit.
a. 
Information Required, Multiple Temporary Units. For proposals that include multiple temporary housing units on a single parcel, the application shall also include details of the operations of the use, including, but not limited to, a description of the following:
i. 
Number of proposed units.
ii. 
Cooking facilities.
iii. 
Sanitation facilities and management thereof.
iv. 
Power source and associated noise mitigation.
v. 
Site lighting.
vi. 
Site security and management, including the number of staff on site at any given time.
vii. 
Location of proposed parking.
viii. 
On-going site maintenance.
ix. 
Duration of temporary housing.
x. 
Clean-up/returning the site to its original condition following termination of the use.
2. 
Development Standards.
a. 
Number of Units Permitted. The number of temporary housing units, either individual, or single-unit units, permitted on a parcel shall be determined through the temporary activity permit process.
b. 
Lighting. Adequate external lighting shall be provided for security purposes in compliance with Section 16.36.095 (Lighting and Illumination).
c. 
On-Site Management. For proposals that include multiple temporary housing units, with five or more units on a single parcel, at least one facility manager shall be on-site during hours of operation.
d. 
Sanitation Facilities. The number of bathrooms and showers required on site shall be determined through the building permit process, and shall be consistent with the California Building Code.
e. 
Parking. No parking is required for temporary housing.
f. 
Water and Wastewater Services. Water and wastewater service shall be available on the site proposed for temporary housing structures unless an alternative source is approved by the City of Stockton Municipal Utilities Department and Cal Water (if applicable) and complies with any applicable provisions of the California Building Code.
i. 
Water. To protect the public water system, the appropriate approved backflow device shall be required. Initial testing certification of backflow devices is required and shall be performed by an entity as determined by the water purveyor.
ii. 
Wastewater. To protect public health, connection to the wastewater system is required. The City of Stockton Municipal Utilities Department will determine the appropriate connection requirement.
g. 
Electrical Service. Electrical services shall be available on the site proposed for temporary housing structures unless an alternate source is approved by the Director, and is in accordance with any applicable provisions of the California Building and Electrical Codes. All temporary or permanent electrical service shall be located on the subject site.
3. 
Duration of Use. The duration of a temporary housing use shall be determined by the Director. It shall be the responsibility of the property owner to ensure that temporary housing units are vacated in accordance with law on or before expiration of the temporary activity permit.
(Ord. 2016-04-12-1602 § IV; Ord. 2020-06-09-1501 C.S. § 21; Ord. 2025-06-03-1601, 6/3/2025)

§ 16.80.160 Home occupations.

This section provides development and operational standards for the review and approval of home occupations permits in compliance with Chapter 16.132 (Home Occupation Permits).
A. 
Location. The location of the business shall be the principal residence of the person(s) conducting the business and shall be clearly incidental and secondary to the use of the property for residential purposes;
B. 
Alterations. Alterations shall not be made which would alter the character of the residence or change its occupancy classification in compliance with the Building Code;
C. 
Signs. Advertising sign(s), displays of merchandise or stock-in-trade, or other identification of the business activity shall not be provided on the premises;
D. 
Nuisance Factors. The business shall not create levels of glare, light, noise, electrical interference, dust, heat, odor, solid waste, vibration, or other characteristics in excess of that customarily associated with similar residential uses;
E. 
Residents Only. Persons engaged in the business shall be limited to persons residing on the premises;
F. 
Use to Be Enclosed. The business shall be conducted completely within the enclosed living space of the residence or accessory structure. If the business is conducted within a garage, the use shall not encroach within the required parking spaces for the residence. The vehicle door to the garage shall remain closed while the business activity is being conducted;
G. 
Outside Storage. Equipment, materials, or products associated with the business shall not be stored outdoors;
H. 
Hazardous Materials. The business shall not involve the storage, sale, or use of explosive, guns, ammunition, or flammable or hazardous materials as determined by the Fire Department;
I. 
Equipment. Gasoline and/or diesel powered engines are not allowed, and any mechanical or electrical equipment used in the home occupation shall not use an electrical motor exceeding 15 amps at 110 volts;
J. 
Trip Generation. The business shall not generate additional pedestrian or vehicular trips in excess of that customarily associated with the zoning district in which it is to be located. Clients, customers, patrons, or students shall not visit or conduct business at the residence, except as provided by Chapter 16.132 (Home Occupation Permits);
K. 
Vehicles. One vehicle that is clearly commercial may be used as part of the home occupation provided it has a rated carrying capacity of no more than one ton, the vehicle is parked on-premises when not in use, and the vehicle is not visible from the right-of-way;
L. 
Sale. Merchandise or products shall not be sold upon the premises;
M. 
No more than 10 percent of the habitable area of the dwelling shall be used for the home occupation, including storage of items used or produced and equipment. Additional stock used by the business that is not customary to a residential use shall be stored at an off-premises location (e.g., storage facility or other nonresidential location); and
N. 
Use of Parking Spaces. Required parking spaces shall be kept clear and used only for the parking of vehicles owned by persons residing on the premises.
(Prior code § 16-365.130; Ord. 2020-06-09-1501 C.S. § 22)

§ 16.80.165 Funeral facilities and services.

A. 
Purpose. This section provides development standards for the establishment of facilities providing internment services as defined in Chapter 16.240 (Definitions). The purpose of these standards is to control objectionable effects of funeral facilities and services. These standards shall apply to all new funeral facilities and services or establishments requiring consideration and approval of a use permit or land development permit under the Development Code for the purpose of achieving the following objectives:
1. 
Protect surrounding neighborhoods from potential harmful effects and to minimize the adverse impacts of nonconforming and incompatible uses.
2. 
Ensure that funeral facilities and services are not the source of undue public nuisances in the community.
3. 
Ensure that sites for funeral facilities and services are conducted and properly maintained so that negative impacts generated by these activities are not harmful to the surrounding environment in any way.
The provisions of this section are intended to complement the State of California funeral-related laws. The City does not intend to replace or usurp any powers vested in the California Department of Consumer Affairs Cemetery and Funeral Bureau.
B. 
Standards of Approval.
1. 
Location Requirements.
a. 
All crematoriums shall be a minimum of 500 feet from any residential use, school or childcare center. The distance shall be measured from the nearest portion of the crematorium building to the nearest portion of the residential, school, or childcare center parcel.
2. 
Standards. The following conditions may be imposed by the applicable Review Authority:
a. 
Crematoriums shall be established as either for human or pet purposes but not both.
b. 
Crematoriums may accept bodies from multiple funeral home clients.
c. 
All activity relating to the dead shall be handled discreetly and be screened from public view to the maximum extent possible, including delivery and storage of the remains.
d. 
Crematoriums shall not be used for the disposal of any waste materials.
e. 
Crematoriums shall not emit any visible air emissions nor generate odors which are discernable beyond their lot lines.
f. 
The applicant or applicant's representative for a crematorium shall submit a report on the proposed cremation equipment including emission control devices and chimney stack height. Such presentation shall include plans for ongoing emission monitoring and performance testing and documentation that all emissions fall within accepted industry practices and meet all applicable State or Federal air quality standards.
g. 
Crematoriums shall be constructed, installed, operated and maintained in accordance with all manufacturers' specifications and all applicable Federal, State and local permits, as amended.
h. 
Prior to the issuance of a certificate of occupancy for any crematorium, the operator shall provide documentation to the city that all applicable Federal, State and local permits have been obtained.
(Ord. 2022-07-12-1601-02 C.S. § 24)

§ 16.80.170 Industrial uses.

This section provides development standards for the establishment of industrial uses within the IL, limited industrial, and IG, general industrial, zoning districts that are located on two or more acres.
A. 
Applicability. The requirements of this section shall apply to integrated industrial parks, business parks, and large-scale industrial developments that are two or more acres in size.
B. 
Development Plan. A development plan shall be required for the new construction or expansion of the industrial use. The site plan shall constitute the development plan. All future development shall be in compliance with the development plan for the site.
1. 
Content. The development plan, at a minimum, shall include:
a. 
Location, size, configuration, and design of any structures, including buildings, storage containers, trailers, walls/fencing, signs, etc.;
b. 
Location, size, and configuration of any outdoor storage, display, loading and activity area, detention ponds, stationary equipment, etc.;
c. 
Circulation and parking; and
d. 
Landscaping and irrigation plans.
2. 
Changes to the Development Plan.
a. 
Any changes to the approved development plan shall be in compliance with Chapter 16.104 (Changes to an Approved Project).
b. 
Subsequent changes to approved uses on the site shall not require modification to the development plan unless the proposed use modifies the physical layout of the site.
C. 
Site Planning and Design Standards. Applicable industrial development shall comply with the following standards:
1. 
General. All applicable industrial projects shall comply with the following:
a. 
Setbacks. Except for signs, structures, fences/walls, and parking areas abutting a public street shall be set back at least 20 feet from any street side property line.
b. 
Private Easements. All on-site circulation shall occur on private access easements. If the site consists of multiple parcels, a reciprocal access and parking agreement shall be required in compliance with Section 16.64.050(A) (Joint use of parking facilities).
c. 
Landscaping. The required 20-foot setback area abutting a public street shall be maintained with landscaping as follows:
i. 
Landscaping and the associated automatic irrigation system shall be provided and maintained in compliance with Chapter 16.56 (Landscaping Standards);
ii. 
The landscaping shall primarily consist of evergreen shrubs and trees which may be located on berms;
iii. 
Trees shall be provided at a rate of one for every 20 linear feet of landscaped area.
d. 
Parking. The number of parking spaces and parking lots shall comply with the requirements of Chapter 16.64 (Off-Street Parking and Loading Standards). For sites with multiple parcels, a reciprocal access and parking agreement shall be required in compliance with Section 16.64.050(A) (Joint use of parking facilities).
e. 
Signs. A comprehensive sign program shall be provided in compliance with Section 16.76.050 (Comprehensive sign program). Monument signs shall be allowed within the landscaped street side setback area, subject to a minimum setback of 10 feet and compliance with the other applicable sign standards in Section 16.76.100 (Standards for specific types of on-premises signs).
2. 
Adjacent to Residential Zoning Districts. In addition to the industrial standards in subsection (C)(1) of this section, all industrial projects adjacent to residential zoning districts shall comply with the following:
a. 
Separated by Public Street. The industrial site or integrated industrial park shall be separated from the residential zoning district or noise-sensitive use by a public street. An exception may be granted by the Director or Commission, as applicable, for sites whose location or configuration would not allow a public street.
b. 
Structure Setback. The setback for any structure adjacent to the residential zoning district shall equal the height of the building, but in no case shall the setback be less than 15 feet. See Figure 3-28, Section 16.80.330 (Shopping centers and large-scale commercial retail uses).
c. 
Screening Required. Screening shall be required on the industrial site along the common property line as follows:
i. 
Wall. A solid masonry sound wall or berm and wall with a minimum height of eight feet, or higher if required by an acoustical analysis, shall be constructed and maintained in compliance with Section 16.36.100 (Screening and buffering).
ii. 
Landscaping Required. A landscaping strip of at least 10 feet in width shall be provided adjacent to the wall for trees and shrubs on the industrial site.
(A) 
Landscaping shall be designed to visually screen the industrial development from the residences and to effectively break up the otherwise long, flat appearance of the wall.
(B) 
The use of the landscaped strip for passive activities (e.g., lunch area, pedestrian path, etc.) shall be subject to the approval of the Director.
3. 
Service Areas. Service areas (e.g., loading docks, trash areas, and similar uses) shall be subject to the following:
a. 
Service areas shall not encroach into the required setback between the industrial use and the residential zoning district/noise-sensitive use.
b. 
Loading and unloading activities and other similar activities that may cause noise shall be in compliance with Chapter 16.60 (Noise Standards).
D. 
Incidental Commercial and Service Land Uses. In addition to the land uses allowed in integrated industrial parks, business parks, and large-scale industrial developments in Table 2-2 (Allowable Land Uses and Permit Requirements), two acres of commercial and service uses may be permitted within a one square mile area to provide retail and service uses for an industrial zoning district. Uses allowed include beauty/barber shops, postal facilities, quick copy shops, general stores, drug store/pharmacy, eating establishments, banking facilities, or other uses clearly intended for the convenience of area workers.
(Prior code § 16-365.140; Ord. 023-07 C.S. § 88)

§ 16.80.180 Live entertainment.

Live entertainment shall be allowed within those zoning districts designated in Table 2-2 (Allowable Land Uses and Permit Requirements) as a permitted (by-right) use subject to all of the following reasonable time, place and manner requirements:
A. 
To the extent required by the latest edition of the California Fire Code, the area used for live entertainment shall be posted by the Fire Department for maximum occupancy prior to the beginning of the use. If there is a dance floor, that area shall also be posted for maximum occupancy prior to the beginning of the use.
B. 
To the extent required by the latest edition of the California Building Code, any improvements required for the live entertainment use shall be completed pursuant to a building permit which shall be finalized prior to the beginning of the use.
C. 
Noise decibel levels shall be monitored by the establishment to ensure compliance with the applicable General Plan Noise Standards and the Noise Standards found in Stockton Municipal Code Section 16.60.040.
D. 
"No Loitering" signs shall be posted on the exterior of the establishment and in the parking lot. The operator of the establishment shall monitor the area surrounding the establishment to prevent loitering outside and in the parking lot.
E. 
After 10:00 p.m., the establishment shall provide the following number of State-licensed, uniformed security officer(s) according to the number of patrons in the establishment:
Patrons
Security
0-49
0
50-100
1
101-200
2
201-300
3
Over 300
1 additional per every 100 patrons or fraction thereof
Security officers shall remain on duty from 10:00 p.m. until one hour after the live entertainment has ended. Security officers shall patrol inside and outside the establishment, including the parking lot.
F. 
Doors and windows shall remain closed during the hours of live entertainment, except as needed to allow for the normal entry and exit of patrons to and from the establishment.
(Prior code § 16-365.150; Ord. 023-07 C.S. § 89; Ord. 014-09 C.S. § 3, eff. 11-5-09)

§ 16.80.190 Massage establishments.

This section provides standards for facilities providing massage therapy.
A. 
The hours of operation shall be limited to between 7:00 a.m. and 10:00 p.m.
B. 
Birth control or sexually transmitted disease prevention products or devices shall not be permitted on the premises.
C. 
No treatment/massage shall be administered unless the patron wears clothing and/or a gown and/or is covered by a sheet or drape that fully covers the genitals, and breasts if the patron is female.
D. 
At no time shall the patron, or any employee or agent of the establishment, engage in any touching, arousal, stimulation, or manipulation of the genitals or breasts of the patron, employee, or agent of the establishment.
E. 
All persons administering a massage shall be fully clothed. The clothing shall not be transparent or expose the employees' breasts, buttocks, or genitals. Swim attire shall not be worn unless the person performing the massage is providing a water-based massage modality approved by the California Massage Therapy Council. Attire worn in a manner that constitutes a violation of Section 314 of the California Penal Code; and/or manner that is otherwise deemed by the California Massage Therapy Council to constitute unprofessional attire based on the custom and practice of the profession in California is not allowed.
F. 
There shall be no shower or bathing facilities located on the premises of a stand-alone massage establishment.
G. 
Massages shall be administered only on standard or portable massage tables, with the exception of "Thai," "Shiatsu," and similar modalities of massage therapy, which may be performed on a padded mat on the floor. Beds, floor mattresses, waterbeds and similar furnishings are not permitted on the premises of any massage establishment.
H. 
No person or persons shall be allowed to live inside a massage establishment at any time. Dwellings shall be separate from the massage establishment.
I. 
The massage therapist shall obtain a background check from the Police Department in compliance with Sections 5.48.060 and 5.48.080 of this code if they are not certified (as defined by State law).
(Prior code § 16-365.155; Ord. 023-07 C.S. § 90; Ord. 014-09 C.S. § 4, eff. 11-5-09; Ord. 011-11 C.S. § 1, eff. 10-27-11; Ord. 2019-07-16-1502 C.S. § 4)

§ 16.80.195 Cannabis business types-Commission use permitting.

A. 
Retailer Operator Permit—Storefront (Retailer Operator)—Land Use Process.
1. 
Eligible Applicants. To apply for a commission use permit, a retailer operator permit applicant must first be selected from either the general pool or equity pool after submitting an intent to apply. Refer to subsection K of this section.
2. 
Commission Use Permit Required. A commission use permit is required to sell medical or adult-use cannabis at a retail location.
3. 
Limitation on Number of Commission Use Permits. In accordance with Section 5.100.080, at no time shall there be in operation within the City more than a total of 14 storefront retailer cannabis businesses.
Commission use permit applications for storefront retailers shall not be accepted nor processed unless there are less than 14 active operators permits for storefront retailer cannabis business types.
4. 
Operators Permit Required. After acquiring a commission use permit, a retailer operator permit applicant must obtain and maintain at all times a valid cannabis operators permit as required by Chapter 5.100. An operators permit is required whether the retailer intends on selling medical and/or adult-use cannabis.
5. 
Zoning Districts. A retailer operator permit shall only be issued for property located in Commercial, Office (CO), Commercial, General (CG), Commercial Downtown (CD), Commercial, Large-Scale (CL), Industrial, General (IG) or Industrial, Limited (IL) zones, as indicated in Table 2-2. They are also allowed in the Mixed Use (MX) zone.
6. 
Location Requirements. The following location requirements apply to all retailer operator permits:
a. 
No retailer operator shall be established or located within 300 feet, measured from the nearest property lines of each of the affected parcels, of any existing residential zone or use.
b. 
At the time the land use permit is issued, no retailer operator shall be established or located within 600 feet of any of the following:
i. 
A public or private academic school for students in kindergarten through 12th grade, nursery school, preschool, or childcare facility.
ii. 
A public park, playground, recreational area, or youth facility.
iii. 
Religious facilities.
iv. 
Drug abuse, or alcohol recovery/treatment facility.
c. 
No retailer operator shall be established or located within 1,000 feet of any of the following:
i. 
Existing cannabis storefront retailer operator;
ii. 
Existing RDC, RDM, and/or RCM microbusiness operator.
(A) 
Existing indicates the possession of an approved use permit.
d. 
For the purpose of this section, distances shall be measured between the closest property lines of the affected locations.
e. 
Applies to subsections (A)(6)(a) and (A)(6)(b) only:
Only those uses established and in operation as of the date that the application for a retailer operator commission use permit is determined or deemed to be complete shall be considered for purposes of determining whether the location requirements are met.
"Established and in operation" means that the use has control of the location (whether owned or leased), has obtained all required licenses/permits/etc. and is actively functioning in their specific business, enterprise, mission, or venture.
7. 
Conditions of Approval. The Planning Commission may address development and operational standards through conditions on the commission use permit as it is determined to be necessary or appropriate for the cannabis retailer operator commission use permit under consideration; provided, that conditions shall not conflict with the provisions of Chapter 5.100, relating to operating requirements of retailer operator permit and shall be subordinate to conditions placed on the retailer operator permit issued under Chapter 5.100.
8. 
Parking. Off-street parking shall be provided as required under Chapter 16.64.040, Table 3-9.
9. 
Application. The application for a commission use permit for a retailer operator permit shall include a floor plan, site plan, and neighborhood context map. The Director may also require more and/or different information, at his or her discretion.
10. 
Pre-Existing Cannabis Dispensaries—Nonconforming. No retailer operator permit operating or purporting to operate without a valid business license and commission use permit prior to the adoption of the ordinance codified in this section, shall be deemed to have been a legally established use under the provisions of this code, nor shall the operation of such dispensary be deemed a legal nonconforming use under this title.
11. 
Additional Grounds for Revocation of Retailer Operator Permit Commission Use Permit. In addition to the grounds stated in Section 16.108.030(B) for revocation of a commission use permit, a commission use permit for a retailer operator may be revoked on either of the following grounds in accordance with the procedure under Section 16.108.030(A):
a. 
The retailer operator permit is operated in a manner that violates any of the provisions of State law or this code; or
b. 
The retailer operator permit does not have a valid retailer operator permit in accordance with Chapter 5.100.
12. 
Adult-Use Sales. Existing retailer operator permits in possession of a valid, active commission use permit, may also sell adult-use cannabis by-right with a valid amendment to their retailer operator permit in accordance with Chapter 5.100.
13. 
Existing Businesses Prior to July 16, 2019. If a commission use permit was approved as of July 16, 2019, existing retail operators whose operations are located in the Industrial, Light (IL) or Industrial, General (IG) zone shall be permitted to engage in distribution, non-volatile manufacturing, non-storefront retail (delivery only), and cultivation by-right. Existing retail operators whose operations are located in the Commercial, Office (CO), Commercial, General (CG), Commercial Downtown (CD), Commercial, Large-Scale (CL), or Mixed Use (MX) zones shall be permitted to engage in non-storefront retail (delivery only) by-right. Operators must amend their operators permit and city business license to reflect the additional land-uses included in subsection (A)(12) above.
14. 
Transferability of Land Use. Transferring an existing retailer operator from existing location to another location shall comply with the following requirements:
a. 
Comply with the location requirements under subsection (A)(6) of this section;
b. 
Voluntarily surrender of a previously-approved commission use permit at the original/existing location from the property owner. The form of "Surrender of Use" shall be notarized by a notary public; and
c. 
Apply for and obtain a new commission use permit;
d. 
Participation in the cannabis lottery is not required;
e. 
Equity applicants will be required to comply with requirements in subsections (K)(5)(a)(vii) and (viii).
B. 
Non-Storefront Retail Operator Permit (Delivery Only)—Land Use Process.
1. 
Administrative Use Permit Required. Except for existing business approved prior to July 16, 2019, which are regulated by subsections (A) and (C) of this section, an administrative use permit is required to establish and operate a non-storefront retail cannabis delivery business.
2. 
Operator Permit Required. After acquiring an administrative use permit, the non-storefront retail operator (delivery only) must obtain and maintain a valid cannabis business operators permit as required by Chapter 5.100.
3. 
Zoning Districts. A non-storefront retail operator permit (delivery only) shall only be issued for property located within the Commercial, Office (CO), Commercial, General (CG), Commercial, Downtown (CD), Commercial, Large-Scale (CL), Industrial, Limited (IL), and Industrial, General (IG) as indicated in Table 2-2. They are also allowed in Mixed Use (MX) zones.
4. 
Location Requirements. The following location requirements apply to all non-storefront retail operators (delivery only):
a. 
No non-storefront operator shall be established or located within 300 feet, measured from the nearest property lines of each of the affected parcels, of any existing residential zone or use;
b. 
At the time the land use permit is issued, no non-storefront operator shall be established or located within 600 feet of any of the following:
i. 
A public or private academic school for students in kindergarten through 12th grade, nursery school, preschool, or day-care facility.
ii. 
A public park, playground, recreational area, or youth facility.
iii. 
Religious facilities.
(A) 
Subsection (B)(4)(b)(iii) shall not apply if both the religious facility and non-storefront retailer are located in an IL or IG zoning district.
iv. 
Drug abuse, or alcohol recovery/treatment facility.
c. 
For the purpose of this section, distances shall be measured between the closest property lines of the affected locations.
d. 
Only those uses established and in operation as of the date that the application for a non-storefront (delivery only) operator use permit is determined or deemed to be complete shall be considered for purposes of determining whether the location requirements are met.
"Established and in operation" means that the use has control of the location (whether owned or leased), has obtained all required licenses/permits/etc. and is actively functioning in their specific business, enterprise, mission, or venture.
5. 
Conditions of Approval. The administrator may address development and operational standards through conditions on the administrative use permit as it determined to be necessary or appropriate for the non-storefront operator permit (delivery only) administrative use permit under consideration; provided, that these conditions do not conflict with provisions of Chapter 5.100 relating to operating requirement of non-storefront operators (delivery only) sites and shall be subordinate to conditions placed on the cannabis operators permit issued under Chapter 5.100.
6. 
Parking. Off-street parking shall be provided as required under Section 16.64.040, Table 3-9.
7. 
Application. The application for an administrative use permit for a non-storefront operator site shall include a floor plan, site plan, and neighborhood context map. The Director may also require more and/or different information, at his or her discretion.
8. 
Pre-Existing Cannabis Non-Storefront Operator (Delivery Only) Sites—Nonconforming. No non-storefront operator (delivery only) operating or purporting to operate without a valid business license and administrative use permit prior to the adoption of the ordinance codified in this section, shall be deemed to have been a legally established use under the provision of this code, nor shall the operation of such non-store front (delivery only) operation site be deemed a legal nonconforming use under this title.
9. 
Additional Grounds for Revocation of Cannabis Non-Storefront Operation (Delivery Only) Site Administrative Use Permit. In addition to the grounds stated in Section 16.108.030(B) for revocation of an administrative use permit, an administrative use permit for a non-storefront operator (delivery only) may be revoked on either of the following grounds in accordance with the procedure under Section 16.108.030(A):
a. 
The non-storefront operator is operated in a manner that violates any of the provisions of State law or this code; or
b. 
The non-storefront operator does not have a valid cannabis operator permit as required by Chapter 5.100.
10. 
Transferability of Land Use. Transferring an existing non-storefront operator (delivery only) from existing location to another location shall comply with the following requirements:
a. 
Comply with the location requirements under subsection (A)(6).
b. 
Voluntarily surrender a previously-approved administrative use permit at the original/existing location from the property owner. The form of "Surrender of Use" shall be notarized by a notary public; and
c. 
Apply for and obtain a new administrative use permit.
d. 
Participation in the cannabis lottery is not required.
C. 
Cultivator Operator Permit Application (Cultivator Operator).
1. 
Commission Use Permit Required. A commission use permit is required to establish or operate a cannabis cultivation operation.
2. 
Adult-Use Cannabis Cultivation. A permitted medical cannabis cultivation site is allowed to grow adult-use cannabis by-right.
3. 
Existing Businesses Prior to March 5, 2019. If a commission use permit was approved as of March 5, 2019, existing cultivator operators shall be permitted to engage in distribution, non-volatile manufacturing, and non-storefront retail (delivery only) by-right. Operators must amend their operators permit and city business license to reflect the additional land uses included in this subsection.
4. 
Operators Permit Required. After acquiring a commission use permit, a cannabis cultivation site must obtain and maintain at all times a valid cannabis operators permit as required by Chapter 5.100.
5. 
Zoning Districts. A cultivator operator permit shall only be issued for property located within the Industrial, Limited (IL), Industrial, General (IG), Port (PT), or Open Space (OS), as indicated in Table 2-2. They are also allowed in Mixed Use (MX) zones.
6. 
Location Requirements. The following location requirements apply to all cannabis cultivator operators:
a. 
No cultivator operator shall be established or located within 300 feet, measured from the nearest property lines of each of the affected parcels, of any existing residential zone or use;
b. 
No cultivator operator shall be established or located within 600 feet of any of the following:
i. 
A public or private academic school for students in kindergarten through 12th grade, nursery school, preschool, or day-care facility.
ii. 
A public park, playground, recreational area, or youth facility.
iii. 
Religious facilities.
(A) 
Subsection (C)(6)(b)(iii) above shall not apply if both the religious facility and cultivator are located in an IL or IG zoning district.
iv. 
Drug abuse, or alcohol recovery/treatment facility.
c. 
For the purpose of this section, distances shall be measure between the closest property lines of the affected locations.
d. 
Only those uses established and in operation as of the date that the application for a cultivator commission use permit is determined or deemed to be complete shall be considered for purposes of determining whether the location requirements are met.
"Established and in operation" means that the use has control of the location (whether owned or leased), has obtained all required licenses/permits/etc. and is actively functioning in their specific business, enterprise, mission, or venture.
7. 
Limit on Growth Square Footage. The cumulative area of total canopy size on the premises of a cultivator operator shall not exceed 22,000 square feet.
8. 
Conditions of Approval. The Planning Commission may address development and operational standards through conditions on the commission use permit as it is determined to be necessary or appropriate for the cultivator operator commission use permit; provided, that conditions do not conflict with the provisions of Chapter 5.100 relating to operating requirements of cultivator operator and shall be subordinate to conditions placed on the cultivator operator permit issued under Chapter 5.100.
9. 
Parking. Off-street parking shall be provided as required under Section 16.64.040, Table 3-9.
10. 
Application. The application for a commission use permit for a cultivator operator shall include a floor plan, site plan, and neighborhood context map. The Director may also require more and/or different information, at his or her discretion.
11. 
Pre-Existing Cannabis Cultivation Sites—Nonconforming. No cultivator operator operating or purporting to operate without a valid business license and commission use permit prior to the adoption of the ordinance codified in this section, shall be deemed to have been a legally established use under the provisions of this code, nor shall the operation of such cultivation site be deemed a legal nonconforming use under this title.
12. 
Additional Grounds for Revocation of Cultivator Operator Commission Use Permit. In addition to the grounds stated in Section 16.108.030(B) for revocation of a commission use permit, a commission use permit for a cultivator operator may be revoked on either of the following grounds in accordance with the procedure under Section 16.108.030(A):
a. 
The cultivator operator is operated in a manner that violates any of the provisions of State law or this code; or
b. 
The cultivator operator does not have a valid cannabis operator permit as required by Chapter 5.100.
13. 
Retail Storefront Operation. If a commission use permit was approved as of July 16, 2019, existing cultivator operators shall be permitted to engage in retail storefront operations by-right. Operators must amend their operators permit and City business license to reflect the additional land-use included in this subsection.
14. 
Transferability of Land Use. Transferring an existing cultivator operator from existing location to another location shall comply with the following requirements:
a. 
Comply with the location requirements under subsection (A)(6) of this section;
b. 
Voluntarily surrender a previously-approved commission use permit at the original/existing location from the property owner. The form of "Surrender of Use" shall be notarized by a notary public; and
c. 
Apply for and obtain a new commission use permit;
d. 
Participation in the cannabis lottery is not required;
e. 
Equity applicants will be required to comply with requirements in subsection (K)(5)(a)(viii) of this section.
D. 
Volatile Manufacturer Operator Permit Applicant (Volatile Manufacturer Operator).
1. 
Commission Use Permit Required. A commission use permit is required to engage in commercial volatile manufacturing of cannabis.
2. 
Operators Permit Required. After acquiring a commission use permit, a volatile manufacturer operator must obtain and maintain at all times a valid cannabis operators permit as required by Chapter 5.100.
3. 
Zoning Districts. A volatile manufacturer operator permit shall only be issued for property located within the Industrial, Limited (IL), Industrial, General (IG), or Port (PT) as indicated in Table 2-2. They are also allowed in Mixed Use (MX) zones.
4. 
Location Requirements. The following location requirements apply to all cannabis volatile manufacturers.
a. 
No volatile manufacturer operator shall be established or located within 300 feet, measured from the nearest property lines of each of the affected parcels, of any existing residential zone or use;
b. 
No volatile manufacturer operator shall be established or located within 600 feet of any of the following:
i. 
A public or private academic school for students in kindergarten through 12th grade, nursery school, preschool, or day-care facility.
ii. 
A public park, playground, recreational area, or youth facility.
iii. 
Religious facilities.
(A) 
Subsection (D)(4)(b)(iii) above shall not apply if both the religious facility and volatile manufacturer are located in an IL or IG zoning district.
iv. 
Drug abuse, or alcohol recovery/treatment facility.
c. 
For the purpose of this section, distances shall be measured between the closest property lines of the affected locations.
d. 
Only those uses established and in operation as of the date that the application for a volatile manufacturer commission use permit is determined or deemed to be complete shall be considered for purposes of determining whether the location requirements are met.
"Established and in operation" means that the use has control of the location (whether owned or leased), has obtained all required licenses/permits/etc. and actively functioning in their specific business, enterprise, mission, or venture.
5. 
Conditions of Approval. The Planning Commission may address development and operational standards through conditions on the commission use permit as it is determined to be necessary or appropriate for the volatile manufacturer operator commission use permit under consideration; provided, that conditions shall not conflict with the provisions of Chapter 5.100, relating to operating requirements of volatile manufacturer operator and shall be subordinate to conditions placed on the cannabis operators permit issued under Chapter 5.100.
6. 
Parking. Off-street parking hall be provided as required under Section 16.64.040, Table 3-9.
7. 
Application. The application for a commission use permit for a volatile manufacturer operator shall include a floor plan, site plan, and neighborhood context map. The Director may also require more and/or different information, at his or her discretion.
8. 
Pre-Existing Cannabis Volatile Manufacturers—Nonconforming. No volatile manufacturer operator operating or purporting to operate without a valid business license and commission use permit prior to the adoption of the ordinance codified in this section, shall be deemed to have been a legally established use under the provisions of this code, nor shall the operation of such manufacturing be deemed a legal nonconforming use under this title.
9. 
Additional Grounds for Revocation of Volatile Manufacturer Operator Commission Use Permit. In addition to the grounds stated in Section 16.108.030(A):
a. 
The cannabis volatile manufacturer operator is operated in a manner that violates any of the provision of State law or this code; or
b. 
The volatile manufacturer operator does not have a valid cannabis manufacturer operators permit required by Chapter 5.100.
10. 
Transferability of Land Use. Transferring an existing volatile manufacturer operator from existing location to another location shall comply with the following requirements:
a. 
Comply with the location requirements under subsection (A)(6) of this section;
b. 
Voluntarily surrender a previously-approved commission use permit at the original/existing location from the property owner. The form of "Surrender of Use" shall be notarized by a notary public; and
c. 
Apply for and obtain a new commission use permit;
d. 
Participation in the cannabis lottery is not required;
e. 
Equity applicants will be required to comply with requirements in subsection (K)(5)(a)(viii) of this section.
E. 
Non-Volatile Manufacturer Operator Permit Applicant (Manufacturer Operator).
1. 
Commission Use Permit Required. A commission use permit is required to engage in commercial non-volatile manufacturing of cannabis.
2. 
Operators Permit Required. After acquiring a commission use permit, a non-volatile manufacturer operator must obtain and maintain at all times a valid cannabis operators permit as required by Chapter 5.100.
3. 
Zoning Districts. A non-volatile manufacturer operator permit shall only be issued for property located within the Industrial, Limited (IL), Industrial, General (IG), or Port (PT) as indicated in Table 2-2. They are also allowed in Mixed Use (MX) zones.
4. 
Location Requirements. The following location requirements apply to all cannabis non-volatile manufacturers:
a. 
No non-volatile manufacturer operator shall be established or located within 300 feet, measured from the nearest property lines of each of the affected parcels, of any existing residential zone or use;
b. 
No non-volatile manufacturer operator shall be established or located within 600 feet of any of the following:
i. 
A public or private academic school for students in kindergarten through 12th grade, nursery school, preschool, or day-care facility.
ii. 
A public park, playground, recreational area, or youth facility.
iii. 
Religious facilities.
(A) 
Subsection (E)(4)(b)(iii) above shall not apply if both the religious facility and non-volatile manufacturer are located in an IL or IG zoning district.
iv. 
Drug abuse, or alcohol recovery/treatment facility.
c. 
For the purposes of this section, distances shall be measured between the closest property lines of the affected locations.
d. 
Only those uses established and in operation as of the date that the application for a non-volatile commission use permit is determined or deemed to be complete shall be considered for purposes of determining whether the location requirements are met.
"Established and in operation" means that the use has control of the location (whether owned or leased), has obtained all required licenses/permits/etc. and is actively functioning in their specific business, enterprise, mission, or venture.
5. 
Conditions of Approval. The Planning Commission may address development and operational standards through conditions on the commission use permit as it is determined to be necessary or appropriate for the non-volatile manufacturer operator commission use permit under consideration; provided, that conditions shall not conflict with the provisions of Chapter 5.100, relating to operating requirements of non-volatile manufacturer operator and shall be subordinate to conditions placed on the cannabis operators permit issued under Chapter 5.100.
6. 
Parking. Off-street parking hall be provided as required under Section 16.64.040, Table 3-9.
7. 
Application. The application for a commission use permit for a non-volatile manufacturer operator shall include a floor plan, site plan, and neighborhood context map. The Director may also require more and/or different information, at his or her discretion.
8. 
Pre-Existing Cannabis Non-Volatile Manufacturers—Nonconforming. No non-volatile manufacturer operator operating or purporting to operate without a valid business license and commission use permit prior to the adoption of the ordinance codified in this section, shall be deemed to have been a legally established use under the provisions of this code, nor shall the operation of such non-volatile manufacturing be deemed a legal nonconforming use under this title.
9. 
Additional Grounds for Revocation of a Non-Volatile Manufacturer Operator Commission Use Permit. In addition to the grounds stated in Section 16.108.030(A):
a. 
The cannabis non-volatile manufacturer operator is operated in a manner that violates any of the provision of State law or this code; or
b. 
The non-volatile manufacturer operator does not have a valid cannabis non-volatile manufacturer operators permit required by Chapter 5.100.
10. 
Transferability of Land Use. Transferring an existing non-volatile manufacturer operator from existing location to another location shall comply with the following requirements:
a. 
Comply with the location requirements under subsection (A)(6) of this section;
b. 
Voluntarily surrender a previously-approved commission use permit at the original/existing location from the property owner. The form of "Surrender of Use" shall be notarized by a notary public; and
c. 
Apply for and obtain a new commission use permit;
d. 
Participation in the cannabis lottery is not required.
F. 
Distributor Operator Permit Applicant (Distributor Operator).
1. 
Commission Use Permit Required. A commission use permit is required to establish or operate a distributor operator permit, except as otherwise noted for existing cannabis cultivations.
2. 
Operators Permit Required. After acquiring a commission use permit, distributor operators must obtain and maintain at all times a valid cannabis operators permit as required by Chapter 5.100.
3. 
Zoning Districts. A distributor operator permit shall only be issued for property located within the Industrial, Limited (IL), Industrial, General (IG), or Port (PT) as indicted in Table 2-2. They are also allowed in Mixed Use (MX) zones.
4. 
Location Requirements. The following location requirements apply to all distributor operators:
a. 
No distributor operator shall be established or located within 300 feet, measured from the nearest property lines of each of the affected parcels, of any existing residential zone or use;
b. 
No distributor operator shall be established or located within 600 feet or any of the following:
i. 
A public or private academic school for students in kindergarten through 12th grade, nursery school, preschool, or day-care facility.
ii. 
A public park, playground, recreational area, or youth facility.
iii. 
Religious facilities.
(A) 
Subsection (F)(4)(b)(iii) above shall not apply if both the religious facility and distributor are located in an IL or IG zoning district.
iv. 
Drug abuse, or alcohol recovery/treatment facility.
c. 
For the purpose of this section, distances shall be measured between the closest property lines of the affected locations.
d. 
Only those uses established and in operation as of the date that the application for a distributor commission use permit is determined or deemed to be complete shall be considered for purposes of determining whether the location requirements are met.
"Established and in operation" means that the use has control of the location (whether owned or leased), has obtained all required licenses/permits/etc. and is actively functioning in their specific business, enterprise, mission, or venture.
5. 
Conditions of Approval. The Planning Commission may address development and operational standards through conditions on the commission use permit as it is determined to be necessary or appropriate for the distributor operator commission use permit under consideration; provided, that conditions shall not conflict with the provisions of Chapter 5.100 relating to operating requirements of distributor operator sites and shall be subordinate to conditions placed on the cannabis distributor operators permit issued under Chapter 5.100.
6. 
Parking. Off-street parking shall be provided as required under Section 16.64.040, Table 3-9.
7. 
Application. The application for a commission use permit for a distributor operator site shall include a floor plan, site plan, and neighborhood context map. The Director may also require more and/or different information, at his or her discretion.
8. 
Pre-Existing Cannabis Distributor Sites—Nonconforming. No distributor operator operating or purporting to operate without a valid business license and commission use permit prior to the adoption of the ordinance codified in this section, shall not be deemed to have been a legally established use under the provisions of this code, nor shall the operation of such cultivation site be deemed a legal nonconforming use under this title.
9. 
Additional Grounds for Revocation of Cannabis Distributor Site Commission Use Permit. In addition to the grounds stated in Section 16.108.030(B) for revocation of a commission use permit, a commission use permit for a distributor operator may be revoked on either of the following ground in accordance with the procedure under Section 16.108.030(A):
a. 
Distributor operator site is operated in a manner that violates any of the provisions of State law or this code; or
b. 
The distributor operator site does not have a valid cannabis operators permit as required by Chapter 5.100.
10. 
Transferability of Land Use. Transferring an existing distributor operator from existing location to another location shall comply with the following requirements:
a. 
Comply with the location requirements under subsection (A)(6) of this section;
b. 
Voluntarily surrender a previously-approved commission use permit at the original/existing location from the property owner. The form of "Surrender of Use" shall be notarized by a notary public; and
c. 
Apply for and obtain a new commission use permit;
d. 
Participation in the cannabis lottery is not required.
G. 
Testing Laboratory Operator Permit Applicant (Testing Laboratory Operator).
1. 
Land Use Requirement. Testing laboratories land use is allowed by-right. All other requirements set forth in this section must be met.
2. 
Operators Permit Required. The testing laboratory operator must obtain and maintain a valid cannabis testing facility permit as required by Chapter 5.100.
3. 
Zoning Districts. A testing laboratory operator permit shall only be issued for property located within the Commercial, Office (CO), Commercial, Neighborhood (CN), Commercial, General (CG), Commercial, Downtown (CD), Commercial, Large-Scale (CL), Industrial, Limited (IL), or Industrial, General (IG), as indicated in Table 2-2. They are also allowed in Mixed Use (MX) zones.
4. 
Location Requirements. The following location requirements apply to all testing laboratory operators:
a. 
No testing operator shall be established or located within 300 feet, measured from the nearest property lines of each of the affected parcels, of any existing residential zone or use;
b. 
No testing operator shall be established or located within 600 feet of any of the following:
i. 
A public or private academic school for students in kindergarten through 12th grade, nursery school, preschool, or day-care facility.
ii. 
A public park, playground, recreational area, or youth facility.
iii. 
Religious facilities.
(A) 
Subsection (G)(4)(b)(iii) shall not apply if both the religious facility and testing laboratory are located in an IL or IG zoning district.
iv. 
Drug abuse, or alcohol recovery/treatment facility.
c. 
For the purposes of this section, distances shall be measured between the closest property lines of the affected locations.
d. 
Testing facilities are not allowed to vertically integrate or have other cannabis business types as a part of the business.
e. 
Only those uses established and in operation as of the date that the application for a testing laboratory operator permit is determined or deemed to be complete shall be considered for purposes of determining whether the location requirements are met.
"Established and in operation" means that the use has control of the location (whether owned or leased), has obtained all required licenses/permits/etc. and is actively functioning in their specific business, enterprise, mission, or venture.
5. 
Parking. Off-street parking shall be provided as required under Section 16.64.040, Table 3-9.
6. 
Pre-Existing Cannabis Testing Facility Sites—Nonconforming. No testing laboratory operator operating or purporting to operate without a valid business license and operators permit prior to the adoption of the ordinance codified in this section, shall be deemed to have been a legally established use under the provisions of this code, nor shall the operation of such testing site be deemed a legal nonconforming use under this title.
7. 
Additional Grounds for Revocation of Cannabis Testing Facility Site By-Right Allowance. The land use rights for a testing laboratory operator may be revoked on either of the following grounds:
a. 
The testing laboratory operator is operated in a manner that violates any of the provisions of State law or this code; or
b. 
The testing laboratory operator does not have a valid testing cannabis operator permit as required by Chapter 5.100.
H. 
Microbusiness Operator Permit—Land Use Process.
1. 
Eligible Applicants. To apply for a microbusiness operator commission use permit, an applicant must first be selected from either the general pool or equity pool after submitting an intent to apply. Refer to subsection K of this section.
2. 
Use Permits Required. Based on subtype, the following use permits are required to establish and operate a microbusiness:
RDC
RDM
Retailer OR
CUP
Retailer OR
CUP
Retailer (Non-Storefront)
AUP
Retailer (Non-Storefront)
AUP
Distributor OR
CUP
Distributor OR
CUP
Distributor (Transport Only)
CUP
Distributor (Transport Only)
CUP
Cultivation (less than 10,000 sq. ft.)
CUP
Manufacturer (Level 1, Type 6)
CUP
RCM
DCM
Retailer OR
CUP
Distributor OR
CUP
Retailer (Non-Storefront)
AUP
Distributor (Transport Only)
CUP
Cultivation (less than 10,000 sq. ft.)
CUP
Cultivation (less than 10,000 sq. ft.)
CUP
Manufacturer (Level 1, Type 6)
CUP
Manufacturer (Level 1, Type 6)
CUP
In the case of microbusinesses only, the multiple commission use permit application requirement shall be processed as a single commission use permit application for review and approval by the Planning Commission.
3. 
Operator Permit Required. After acquiring the required use permits, the microbusiness must obtain and maintain a valid cannabis operators permit as required by Chapter 5.100.
In the case of microbusinesses only, a single cannabis business operators permit application addressing all subtypes (as submitted by the applicant) shall be processed for review and approval by the Chief of Police.
4. 
Zoning Districts. A microbusiness permit shall only be issued for property located within the Industrial, Limited (IL) and Industrial, or General (IG) zones, as indicated in Table 2-2. They are also allowed in Mixed Use (MX) zones.
A microbusiness permit for a Retail/Distributor/Manufacturer (RDM) designation shall be allowed within Commercial, Office (CO), Commercial, General (CG), Commercial, Large-Scale (CL), if the retail component of the business floor area is 50 percent or more and no cultivation activities will take place as a part of the business operations.
5. 
Location Requirements. The following location requirements apply to all cannabis microbusiness:
a. 
In the case of microbusinesses with non-storefront operator (delivery only), microbusiness must be located within a fully-enclosed building and the interior of the building must not be visible from the public right-of-way;
b. 
No microbusiness operator shall be established or located within 300 feet, measured from the nearest property lines of each of the affected parcels, of any existing residential zone or use;
c. 
No microbusiness operator shall be established or located within 600 feet of any of the following:
i. 
A public or private academic school for students in kindergarten through 12th grade, nursery school, preschool, or day-care facility.
ii. 
A public park, playground, recreational area, or youth facility.
iii. 
Religious facilities.
(A) 
Subsection (H)(5)(c)(iii) above shall not apply to DCM microbusiness subtypes if both the religious facility and DCM microbusiness are located in an IL or IG zoning district.
iv. 
Drug abuse, or alcohol recovery/treatment facility.
d. 
No RDC, RDM, and/or RCM microbusiness operator shall be established or located within 1,000 feet of any of the following:
i. 
Existing cannabis storefront retailer operator;
ii. 
Existing RDC, RDM, and/or RCM microbusiness operator.
(A) 
Existing indicates the possession of an approved use permit.
e. 
For the purpose of this section, distances shall be measure between the closest property line of the affected locations.
f. 
Applies to subsections (H)(5)(b) and (c) of this section only:
Only those uses established and in operation as of the date that the application for a microbusiness operator commission use permit is determined or deemed to be complete shall be considered for purposes of determining whether the location requirements are met.
"Established and in operation" means that the use has control of the location (whether owned or leased), has obtained all required licenses/permits/etc. and is actively functioning in their specific business, enterprise, mission, or venture.
6. 
Conditions of Approval. The administrator may address development and operational standards through conditions on the administrative use permit as it is determined to be necessary or appropriate for the microbusiness use permit(s) under consideration; provided, that these conditions do not conflict with provisions of Chapter 5.100 relating to operating requirement of microbusiness sites and shall be subordinate to conditions placed on the cannabis operators permit issued under Chapter 5.100.
7. 
Parking. Off-street parking shall be provided as required under Section 16.64.040, Table 3-9.
8. 
Application. The application for a use permit for a microbusiness site shall include a floor plan, site plan, and neighborhood context map. The Director may also require more and/or different information, at his or her discretion.
9. 
Pre-Existing Cannabis Microbusiness Sites—Nonconforming. No microbusiness operating or purporting to operate without a valid business license and required use permit(s) prior to the adoption of the ordinance codified in this section, shall be deemed to have been a legally established use under the provision of this code, nor shall the operation of such microbusiness operation site be deemed a legal nonconforming use under this title.
10. 
Additional Grounds for Revocation of Cannabis Microbusiness Site Use Permit. In addition to the grounds stated in Section 16.108.030(B) for revocation of a use permit, a use permit for a microbusiness may be revoked on either of the following grounds in accordance with the procedure under Section 16.108.030(A).
a. 
The microbusiness is operated in a manner that violates any of the provisions of State law or this code; or
b. 
The microbusiness does not have a valid cannabis operator permit as required by Chapter 5.100.
11. 
Transferability of Land Use. Transferring an existing microbusiness operator from existing location to another location shall comply with the following requirements:
a. 
Comply with the location requirements under subsection (A)(6) of this section;
b. 
Voluntarily surrender a previously-approved commission use permit at the original/existing location from the property owner. The form of "Surrender of Use" shall be notarized by a notary public; and
c. 
Apply for and obtain a new commission use permit;
d. 
Participation in the cannabis lottery is not required;
e. 
Equity applicants will be required to comply with requirements in subsections (K)(5)(a)(vii) and (viii) of this section.
I. 
Prohibition of Certain Cannabis Businesses. The following cannabis businesses shall be prohibited in the City of Stockton:
1. 
Any cannabis business engaging in the sale of medical or adult-use cannabis or cannabis products at a location other than that permitted through cannabis operators permit.
J. 
Prohibition of Outdoor Personal Cannabis Cultivation.
1. 
Cannabis cultivation for personal use must be located inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence that is fully enclosed and secure.
2. 
All cannabis cultivation for personal use within a private residence must be conducted in a manner that prevents cannabis plants from being visible from any street, sidewalk, or other place freely accessible by the public and prevents the odor of cannabis from permeating beyond the boundaries of the parcel or property where the indoor cultivation is occurring.
K. 
Limited Cannabis Business Expansion Process—Equity Program.
1. 
Program Intent. The goal of the equity program is to promote equitable business ownership opportunities in the cannabis industry in order to decrease disparities in life outcomes for marginalized communities and address the disproportionate impacts of cannabis in adversely-impacted and lower income communities.
2. 
The City's equity program shall aid those persons from economically disadvantaged communities that experience high rates of poverty.
3. 
To qualify to be an equity applicant, greater than 50 percent of the ownership, as determined by equity sharing, for the permit must be:
a. 
A resident of Stockton for five years; and
b. 
Either live in the SB 535 disadvantaged area or Kelly Drive neighborhood as defined by the City Council, or demonstrate low-income status.
4. 
On an annual basis, the City of Stockton shall allow for the following numbers of new permits for cannabis businesses:
a. 
Two retailer storefront commission use permits.
b. 
Two microbusiness commission use permits.
There are no annual limits (i.e. caps) on the following cannabis business types: non-storefront retail (delivery only), cultivator, volatile manufacturer, non-volatile manufacturer, distributor, and testing laboratory.
5. 
Permits shall be issued in the following manner:
a. 
Lottery System.
i. 
All applicants, equity and nonequity, shall annually submit an intent to apply via a City-approved Lottery Application form that provides the address that the applicant intends to use for the commission use permit application. The submitted address shall meet all City locational criteria and zoning requirements. All applications for the year will be due by a date determined and publicly advertised by the City.
ii. 
If the applicant wishes to be designated as an equity applicant, they must submit verification establishing that over 50 percent of the business owners, as determined by equity sharing, meet the requirements as listed. All applicants wishing to be designated as an equity applicant must do so at the time of submitting an intent to apply for a permit.
iii. 
After closing the application process, the City will randomly select one application from the general pool first for each of the following permit types: retail operator, and microbusiness. Then the City will randomly select one application from the equity applicants for each of the following permit types: retail operator, and microbusiness. Equity applicants are placed in the general pool and the equity pool. Lottery winners are then eligible to submit a conditional use permit application in accordance with Chapter 16.168 of this code.
(A) 
Selection as lottery winner entitles the applicant to one commission use permit application submittal.
iv. 
All land-use applications are required to be submitted to the City within 90 days of the date of the notification of winning the cannabis commercial lottery. Nonsubmittal within the 90-day timeframe shall be grounds for revocation of lottery winner status.
v. 
Lottery winners must show continual good faith efforts to obtain their commission use permit, per Development Code standards, or else communicate that they are no longer pursuing the commission use permit and are withdrawing their lottery application.
vi. 
As per subsections (iv) and (v) above, if a lottery winner's status is revoked for non-submittal, or the applicant decides to withdraw their lottery application, or the commission use permit is denied the City shall select at random from the lottery pool of applicants from which the denied or abandoned application was selected. Successfully completed lottery applications not initially selected from either the general or equity pool are considered active until December 31st of each year.
vii. 
"Second Chance" Provision. If a commission use permit application was denied between the dates of March 31, 2021 and March 31, 2022, the applicant is entitled to one additional (i.e. "second chance") submittal subject to the following:
(A) 
The commission use permit application shall be for the same cannabis business type as originally proposed.
(B) 
The additional submittal shall be deemed a new application and shall be processed in accordance with all Code requirements in effect at the time of submittal.
(C) 
Submittals under this provision shall be accepted in accordance with subsection (A)(3) of this section.
viii. 
All equity applicants must remain over 50 percent owner of the cannabis business at least five years from the date of the operators permit approval.
(A) 
Equity applicants may be allowed to sell their interest/business prior to the five year requirement if they encounter undue financial hardship. Qualifying undue financial hardship is as follows:
(1) 
Equity applicant's debt exceeds the amount earned monthly to run the business evidenced by a letter explaining the financial hardship and documentation of financial burden; or
(2) 
Equity applicant's debt exceeds the amount earned monthly to run the business due to circumstances beyond the equity applicant's control evidenced by a letter explaining the financial hardship and documentation of the hardship. Circumstances beyond the equity applicant's control including: injury, illness, natural disasters, death, divorce, and military deployment.
ix. 
Annual Metrics. All equity applicants shall annually report City-requested metrics for tracking purposes for a minimum of five years from the date of the operators permit approval.
b. 
Exemptions. Cultivators, testing laboratory, non-storefront retailer, distributor, volatile manufacturer and non-volatile manufacturer permits shall not be subject to the lottery system as described in this title. There are no limitations on the number of land use permits allowed for said commercial cannabis business types.
6. 
Equity Applicants. Applicants who qualify as equity applicants, per the requirement set forth in subsection (K)(3) above, regardless of cannabis business type are subject to the following additional resources, provided by the City, subject to availability of resources:
a. 
Technical assistance (i.e. entrepreneur seminars or courses, etc.)
b. 
Financial incentives (i.e. zero/low interest rate loans, or fee waiver)
Equity applicants that receive either of the resources listed in subsection (K)(6) shall be required to comply with requirements in subsections (K)(5)(a)(vii) and (viii).
L. 
Administrative Guidelines. In addition to rules and regulations that may be established by the City Council pursuant to Section 16.80.195 of this code, the City Manager may establish and amend administrative guidelines as needed to administer this chapter. The administrative guidelines shall have the force of law and shall be enforceable in the same manner and to the same extent as the provisions of this chapter. The administrative guidelines referenced herein shall be one and the same as those referenced in Section 5.100.300 of this code.
(Ord. 013-10 C.S. § 1, eff. 9-23-10; Ord. 2013-07-30-1603-01 C.S. § 2; Ord. 2016-06-28-1503-01 C.S. § III; Ord. 2017-11-07-1502 C.S. § 1; Ord. 2018-09-18-1502 C.S. § 20; Ord. 2019-03-05-1501 C.S. § 6; Ord. 2019-07-16-1504 C.S. § 6; Ord. 2022-03-01-1601 C.S. § 6)

§ 16.80.200 Mini-storage facilities.

This section provides development and operational standards for the establishment of mini-storage or personal storage facilities in nonresidential zoning districts where they are allowed in compliance with the provisions of Division 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards).
A. 
Parcel Size. The minimum parcel size shall be 20,000 square feet.
B. 
Setback. Mini-storage facilities shall be set back 15 feet from the front property line.
C. 
Perimeter Wall. A solid masonry wall shall be provided around the perimeter of the facility. The wall shall be at least six feet in height when adjacent to nonresidential zones and at least eight feet in height when adjacent to residential zones, except:
1. 
The walls of the storage structures may serve as the required perimeter walls along interior and rear property lines; and
2. 
No air-conditioning or other noise-producing activities, uses, or openings shall be allowed within 10 feet of any property line adjacent to residential zoning districts.
D. 
Landscaping. Landscaping shall be provided between perimeter walls and adjacent residential and street side property lines to effectively screen the perimeter wall and reduce the visual impact of long, flat wall surfaces.
E. 
Architectural Compatibility. The facility, including perimeter walls, shall be designed to be architecturally compatible with the surrounding land uses.
F. 
Aisles. Aisles shall be a minimum of 25 feet in width between structures to provide unobstructed and safe circulation.
G. 
Site Paved. Except for structures and landscaping, the site shall be entirely paved in compliance with the City's standard specifications and plans.
H. 
Business Activity. No business activity of any kind shall be conducted on the site, other than:
1. 
The rental of storage spaces for inactive storage use;
2. 
The sale of incidental storage supplies (e.g., packing boxes, wrapping paper);
3. 
The sale of unclaimed items; and
4. 
The rental of up to three personal moving vehicles, provided they are screened from the public right-of-way and incidental to the mini-storage facility.
I. 
Storage Enclosed. All storage shall be located within a fully-enclosed structure(s).
J. 
Hazardous Material. Flammable or otherwise hazardous materials shall not be stored on-premises.
K. 
Lights. Lighting shall not reflect on any residentially zoned property.
L. 
Manager/Caretaker Quarters. Residential quarters for a manager or caretaker may be provided in the development.
M. 
Parking. Parking shall be provided in compliance with Chapter 16.64 (Off-Street Parking and Loading Standards).
N. 
Fire Sprinklers. National Fire Protection Association (NFPA) 13 compliant fire sprinklers and waterflow detection shall be required on all covered mini-storage facilities.
O. 
Mini-Storage Facilities in the Commercial, Downtown (CD) Zone. Mini-storage facilities in the CD zone may be permitted with the approval of a commission use permit and are limited to 60 percent of the leasable interior space within an existing building. These facilities may not be constructed as standalone facilities or new construction.
1. 
Applicability. These standards shall apply to mini-storage facilities within the CD zone.
2. 
Limit. No mini-storage facility may be permitted within one-quarter (1/4) mile radius of another mini-storage facility within the CD zone, measured from the edge of the parcel.
3. 
Size and Location. All mini-storage facilities in the CD zone shall comply with the following standards:
a. 
The entire operation must be enclosed within the interior of an existing building and not occupy more than 60 percent of the leasable space of the entire building.
b. 
Ground floor storage uses cannot exceed 70 percent of the leasable ground floor space.
c. 
To maintain street-level activity intended for the CD zoning district, mini-storage facilities are prohibited from being located along the building's primary entrance or main street-facing frontage.
4. 
Stealthing. Mini-storage facilities in the CD zone are permitted as an accessory use along the main street-facing frontage. Pedestrian entry to the storage facility at the main street-facing frontage is limited to interior access. The building's primary entrance shall remain pedestrian and retail-service oriented, consistent with the General Plan policies for downtown activity. A variety of techniques shall be used to disguise or mitigate the visual presence of the mini-storage facility, such as blending elements of pedestrian-scale retail storefront components into the façade of the building including reliefs, murals, landscaping, transparent display windows, or windows affording views into retail, office, or lobby space.
5. 
Façade Improvements. To create cohesive and well-crafted building façades with human-scale details that incorporate textures, colors, and other details that are compatible with and enhance the surrounding area, facility layout, design, exterior building materials and treatment for all structures including, but not limited to, fences, walls, gates, buildings, and landscaping shall be of high quality and aesthetically pleasing when viewed from adjacent properties and the public right-of-way. The Secretary of Interior's Standards for Rehabilitation will apply in cases of historic structures through the preservation of historic materials and surfaces. Façade improvements shall be consistent with the Downtown Commercial Design Guidelines to emphasize a sense of history, unique character, pedestrian orientation, quality development, safety, art and culture.
a. 
Entryways. The entryway to the building shall complement the building style, the relationship of the building to the site access, and shall incorporate pedestrian-scaled details, architectural articulation, and quality craftsmanship. The entrance shall have a clearly defined, highly visible customer entrance with canopies, porticos, recesses/projections, arcades, raised corniced parapets over the doors, peaked roof forms, arches, outdoor patios, display windows, architectural details that are integrated into the building structure and design, or integral planters or wing walls that incorporate landscaped areas and/or places for sitting, as appropriate.
b. 
Breaks in Blank Walls. A break in a blank building wall may be provided by any of the following:
i. 
Doors, windows, or other building openings that enhance the architectural character of the building;
ii. 
Building projections or recesses, doorway and window trim or other details that provide architectural articulation and design interest;
iii. 
Varying wall planes, where the wall plane projects or is recessed at least six inches;
iv. 
Non-fabric awnings, canopies, or arcades;
v. 
Substantial variations in building materials. For example, adding brick or stone veneer to a stucco building or changing from vertically-oriented board and baton style siding to horizontally-oriented lap siding; or
vi. 
A living wall. At least 20 percent of the street-facing building wall surface area is covered in a directly integrated living wall or building integrated vegetation. Plans submitted for living walls and building integrated vegetation must include a long-term maintenance plan that includes documentable evidence of on-going maintenance and operation strategies to ensure the long-term viability of the wall. Living walls and building integrated vegetation must include an integrated water delivery system.
6. 
Landscaping. Landscaping is regulated by Sections 16.72.240 and 16.56.040. Landscaping in the CD zone will be consistent with the Downtown Commercial Design Guidelines.
7. 
Parking and Loading. Parking and loading standards are regulated by Chapter 16.64.
8. 
Hours of Operation. All mini-storage use shall be restricted to daytime use from 7 a.m. to 10 p.m. as defined by the Stockton Municipal code.
9. 
Signage. On-site signage is regulated by Chapter 16.76. Signage in the CD zone will be consistent with the Downtown Commercial Design Guidelines.
(Prior code § 16-365.160; Ord. 015-09 C.S., eff. 12-3-09; Ord. 2023-01-24-1601 C.S. § 3)

§ 16.80.210 Mobilehome parks and subdivisions.

Mobile home parks and subdivisions shall be located, developed, and operated in compliance with the following standards:
A. 
State and Federal Requirements. The following local standards are supplemental to the State of California Mobilehome Act or Federal Housing Administration (where applicable) standards enforced by the California Department of Housing and Community Development, Division of Building and Housing Standards (the State) and do not relieve the developer from complying with those State or Federal standards not covered herein.
1. 
Prior to any construction on a mobilehome park, plans and specifications shall be submitted and approved by the State.
2. 
Access. Access to the mobilehome park shall be directly to a major arterial street identified in the Circulation Element of the General Plan or within 500 feet of freeway access ramps.
3. 
Setback Requirements. Mobilehome spaces, buildings, parking or recreational areas, and other structures shall be set back a minimum of 20 feet from all property lines along public streets.
4. 
Parking.
a. 
One and one-half automobile parking space shall be required on each mobilehome unit. One space shall be required for resident use and one-half space shall be required for guest parking.
b. 
Supplemental storage areas shall be required for boats, campers, travel trailers, and similar recreational vehicles if such vehicles are permitted to be kept within the mobilehome park.
c. 
Parking located outside of the mobilehome facility and not under the authority of the State, shall be reviewed in compliance with SMC Chapter 16.64 (Off-Street Parking and Loading Standards).
5. 
Landscaping. All areas outside of the mobilehome park, and not under the authority of the State, shall be landscaped and maintained in accordance with Chapter 16.56 (Landscaping Standards).
6. 
Screening. A minimum six-foot tall solid masonry wall shall be provided around the entire perimeter of the mobilehome park subject to compliance with the setback requirements of Chapter 16.48 (Fences, Hedges, and Walls).
7. 
Operational Standards.
a. 
An accessory service use such as a laundromat is permitted within the mobilehome park, for use of the residents. In mobilehome parks with 100 or more spaces, incidental business uses may be permitted as part of the project approval.
b. 
Mobilehomes may be sold within the mobilehome park by the owner provided they are located on a mobilehome space, and not more than one mobilehome which is for sale shall be placed on any one space.
c. 
The renting of mobilehomes in a mobilehome park is prohibited unless the mobilehome bears the insignia of the State of California Division of Building and Housing Standards and is licensed by the Division for this purpose.
(Prior code § 16-365.170; Ord. 015-09 C.S., eff. 12-3-09; Ord. 2022-07-12-1601-02 C.S. § 25; Ord. 2023-01-10-1203 C.S. § 2; Ord. 2025-06-03-1601, 6/3/2025)

§ 16.80.215 (Reserved)

Note: Former Section 16.80.215, Multi-unit residential, derived from Ord. 2023-01-10-1203 C.S. § 3, was repealed by Ord. 2025-06-03-1601, 6/3/2025.

§ 16.80.220 (Reserved)

Note: Former Section 16.80.220, Multifamily development, derived from Prior code § 16-365.180; Ord. 012-07 C.S. § 3; Ord. 023-07 C.S. § 91; Ord. 001-08 C.S. § 22; Ord. 015-09 C.S., eff. 12-3-09, was repealed by Ord. 2025-06-03-1601, 6/3/2025.

§ 16.80.225 Co-living facilities.

This section provides development standards for the establishment of co-living facilities in zoning districts where they are allowed in compliance with the provisions of Division 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards).
A. 
Partial or Complete Kitchen and Bath Facilities.
1. 
If individual bath facilities are not provided, there shall be provided on each floor, for each sex, at least one water closet and lavatory and one bath, accessible from a public hallway. Additional water closets, lavatories and baths shall be provided on each floor for each sex at the rate of one for every additional 10 guests or fractional number thereof more than 10. Such facilities shall be clearly marked for "men" or "women." As an alternative, adequate unisex facilities may be provided.
2. 
If individual kitchen facilities are not provided, common kitchen facilities must be provided that adequately serve the residents of the co-living unit facility. Additional requirements may be imposed by the Review Authority.
3. 
For purposes of this section, a partial bathroom contains a water closet and sink which may be utilized for both hygiene and cooking purposes.
4. 
A full kitchen contains all of the following: a sink, a refrigerator, and a stove, range top or oven. A partial kitchen is missing at least one of these facilities.
B. 
The Review Authority shall deny the application where the information submitted by the applicant and/or presented at the public hearing fails to satisfactorily substantiate that the project will comply with these criteria.
C. 
Excluding the closet and the bathroom area, a co-living unit must contain a minimum of 150 square feet in floor area. The average unit size in a co-living unit facility shall be no greater than 275 square feet and no individual living unit may exceed 400 square feet.
D. 
Each co-living unit shall be designed to accommodate a maximum of two persons.
E. 
Individual co-living units may not have separate external entryways.
F. 
The co-living unit facility must have a management plan approved by the Housing Division.
G. 
Laundry facilities must be provided in a separate room at the ratio of one washer and one dryer for every 20 units or fractional number thereof.
H. 
A cleaning supply storeroom and/or utility closet with at least one laundry tub with hot and cold running water must be provided on each floor of the living unit building.
(Ord. 2020-12-01-1502 C.S. § 30; Ord. 2025-06-03-1601, 6/3/2025)

§ 16.80.230 (Reserved)

Note: Former Section 16.80.230, Multi-use facilities, derived from Prior code § 16-365.200; was repealed by Ord. 2025-06-03-1601, 6/3/2025.

§ 16.80.240 Offices adjacent to residential zoning districts.

This section provides development standards for the establishment of office uses on two or more acres that are adjacent to residential zoning districts or noise-sensitive use.
A. 
Plan. A plan of the site shall be required for office development.
1. 
All future development shall be in compliance with the plan for the site; and
2. 
The plan, at a minimum, shall include:
a. 
Location, size, and configuration of any structures, including buildings, walls/fencing, etc., and
b. 
Circulation and parking.
B. 
Standards. The office development shall comply with the following:
1. 
Separated by Public Street. The office site shall be separated from a residential zoning district or noise-sensitive use by a public street. An exception may be granted by the Director or Commission, as applicable, for sites whose location or configuration would not permit a street;
2. 
Private Easements. All on-site circulation shall occur on private access easements. If the site consists of multiple parcels, a reciprocal access and parking agreement shall be recorded by the property owners and a copy filed with the City;
3. 
Structure Setback. The setback of any structure adjacent to a residential zoning district shall be set back at least 15 feet.
4. 
Screening Required. Screening shall be required on the office site along the common property line as follows:
a. 
Wall. A solid masonry sound wall with a minimum height of eight feet, or higher if required by an acoustical analysis, shall be constructed and maintained in compliance with Section 16.36.100 (Screening and buffering).
b. 
Landscaping Required. A landscaping strip shall be provided adjacent to the wall on the office site with the intention of providing a planting area for trees and shrubs.
i. 
Landscaping shall be designed to visually screen the office development from the residences and to effectively break up the otherwise long, flat appearance of the wall.
(A) 
Landscaping shall be provided and maintained in compliance with Chapter 16.56 (Landscaping Standards);
(B) 
The landscaping should primarily consist of evergreen shrubs and trees which may be located on berms; and
(C) 
Trees shall be provided at a rate of one for every 20 linear feet of landscaped area.
ii. 
The use of the landscaped strip for passive activities (e.g., lunch area, pedestrian path) shall be subject to the approval of the Director.
5. 
Service Areas. Service areas (e.g., loading docks, trash areas, shopping cart storage, and similar uses) shall require:
a. 
Service areas to not encroach into the required setback between the industrial use and a residential zoning district/noise-sensitive use;
b. 
Loading and unloading areas to be oriented away from street side elevations whenever possible and shall be screened from public view in compliance with Section 16.36.100 (Screening and buffering);
c. 
Loading and unloading activities and other similar activities that cause noise to be in compliance with Chapter 16.60 (Noise Standards); and
d. 
Trash enclosures to be in compliance with Section 16.36.130 (Solid waste/recyclable materials storage).
(Prior code § 16-365.210)

§ 16.80.250 Outdoor dining and seating areas.

Outdoor dining and seating areas on private property (for public property see Section 16.72.127 (Revocable permit)) are allowed subject to the approval of a land development permit, in compliance with Chapter 16.136 and the following standards:
A. 
Alcoholic Beverage Sales. Areas in which alcoholic beverages are served shall comply with the standards established by the State Department of Alcoholic Beverage Control.
B. 
Parking Requirements. Outdoor dining and seating areas parking requirements shall be calculated in compliance with Chapter 16.64 (Off-Street Parking and Loading Standards) for restaurants. No additional parking shall be required for any dining or seating area within the right-of-way for purposes of calculating the required number of parking spaces.
C. 
Cleanup Facilities. Outdoor dining areas, whether part of a single restaurant or shared by several restaurants, shall provide adequate cleanup facilities, and associated procedures, in the following manner.
1. 
Cleaning Schedule. Outdoor dining areas shall be cleaned on a continual basis for removal of litter and food items which constitute a nuisance to public health and safety; and
2. 
Waste Receptacles. Outdoor dining areas shall contain waste receptacles, which shall not be allowed to overflow, for use by the public and/or restaurant employees.
D. 
Compatibility. To ensure compatibility with surrounding uses and a high standard of quality, the following standards shall apply:
1. 
Compatible Elements. Outdoor dining and seating areas and associated structural elements, awnings, covers, furniture, umbrellas, or other physical elements that are visible from public rights-of-way, shall be compatible with the character of the main structure(s);
2. 
Entertainment. Outdoor dining and seating areas that provide dancing, entertainment, or amplified music shall comply with the noise standards in Chapter 16.60 (Noise Standards), and the requirements for live entertainment (Section 16.80.180);
3. 
Pedestrian Experience. The use of awnings, plants, umbrellas, and other human scale elements is encouraged to enhance the pedestrian experience;
4. 
Potential Impacts. Outdoor dining and seating areas and their relation to churches, hospitals, public schools, and residential uses shall be considered by the Review Authority. Proper mitigation measures shall be applied to eliminate potential impacts related to glare, light, loitering, and noise;
5. 
Obstructions. Outdoor dining and seating areas shall not obstruct vehicular or pedestrian traffic flow and not necessitate the removal of existing pedestrian or vehicular movement areas; and
6. 
Barriers. Appropriate barriers shall be placed between outdoor dining and seating areas and parking, traffic, and public and private streets.
(Prior code § 16-365.220; Ord. 015-09 C.S., eff. 12-3-09; Ord. 2022-07-12-1601-02 C.S. § 26)

§ 16.80.260 Outdoor display and sales.

This section provides development and operational standards for outdoor uses, including temporary outdoor display and sales in compliance with subsection A of this section (Temporary outdoor displays and sales), and permanent outdoor display and sales in compliance with subsection B of this section (Permanent outdoor displays and sales). Outdoor uses on public property within the public right-of-way shall require an encroachment permit in compliance with Section 16.72.125 (Encroachment permit).
A. 
Temporary Outdoor Displays and Sales. Temporary outdoor displays and sales may be allowed subject to the requirements and approval of a temporary activity permit (Chapter 16.164) in compliance with the following standards:
1. 
Fixed Period of Time. The permit shall identify a fixed period of time for the display or sale, or where not identified, the display or sale shall not exceed two days for a temporary event;
2. 
Nuisance Factors. Regulation of nuisance factors including prevention of glare or direct illumination on adjacent parcels, dirt, dust, gases, heat, noise, odors, smoke, waste, and vibration shall be required;
3. 
Operating Hours. The permit shall regulate operating hours and days;
4. 
Parking. Adequate temporary parking facilities, pedestrian and vehicular circulation, including vehicular ingress and egress and public transportation, if applicable, shall be provided in compliance with Chapter 16.64 (Off-Street Parking and Loading Standards);
5. 
Performance Bond. Submission of a performance bond or other surety measures, satisfactory to the Director, may be required to ensure that any temporary facilities or structures used would be removed from the site within seven days following the termination of the event, and to ensure that the property would be cleaned of debris and litter so as to be completely free of all evidence of the temporary activity;
6. 
Sanitary Facilities. Sanitary facilities, as identified in the permit, shall be provided;
7. 
Security. Provisions for security and safety measures, as identified in the permit, shall be provided;
8. 
Setbacks. Appropriate setbacks shall be maintained to ensure adequate separation from adjacent land uses and a safe environment for pedestrians and vehicles;
9. 
Signs. Signs may be provided in compliance with Chapter 16.76 (Sign Standards);
10. 
Temporary Structures. Regulation of temporary structures and facilities shall be required, including location, height and size, and location of equipment and open spaces, including buffer areas and other yards;
11. 
Waste Collection and Disposal. Solid, hazardous, and toxic waste collection, recycling, and/or disposal shall be provided;
12. 
Other Conditions. Any other conditions that would ensure the operation of the proposed temporary event in an orderly and efficient manner shall be required; and
13. 
Point of Sale. A point of sale agreement shall be required for the sale of all merchandise sold outdoors.
14. 
Exemptions. Community gardens and urban agriculture produce stands are exempt from obtaining a temporary activity permit and are subject to compliance with Sections 16.80.130 (Community gardens) and Section 16.80.285 (Produce stands, urban agriculture).
B. 
Permanent Outdoor Displays and Sales. The permanent outdoor display/sale of merchandise shall comply with applicable permits and the following standards:
1. 
Height of Displayed Materials. The outdoor display of merchandise shall not exceed a height of 10 feet above finished grade.
2. 
Location of Merchandise. Displayed merchandise shall occupy a fixed, specifically approved and defined location that does not disrupt the normal function of the site or its circulation, and does not encroach upon driveways, landscaped areas, parking spaces, or pedestrian walkways. Displays shall not obstruct traffic sight areas or otherwise create hazards for vehicle or pedestrian traffic;
3. 
Relationship to Main Use. The outdoor display and sales area shall be directly related to a business occupying a primary structure on the subject parcel;
4. 
Screening Required. Outdoor sales and activity areas shall be screened from adjacent public rights-of-way by decorative walls, fences, and/or landscaping in compliance with Section 16.36.100 (Screening and buffering). This requirement shall not apply to:
a. 
Plant nurseries;
b. 
Vehicle, boat, motorcycle, or recreational vehicle sales;
c. 
Limited on-site walkway displays adjacent to commercial development greater than 50,000 square feet; or
d. 
Outdoor displays of tires for sale shall be permitted provided the display does not exceed 42 inches in height and is no more than a total of 40 linear feet in length;
5. 
Signs. Additional signs, beyond those normally allowed for the subject use, shall not be provided as a result of the outdoor display and sales area;
6. 
Operating Hours. The hours of operation shall be restricted to 8:00 a.m. to 10:00 p.m., if within 300 feet of a residential zoning district, or as identified in a permit;
7. 
Waste Collection and Disposal. Solid, hazardous, and toxic waste collection, recycling, and/or disposal shall be provided;
8. 
Other Conditions. Any other conditions that would ensure that the proposed use will be operated in an orderly and efficient manner shall be required.
(Prior code § 16-365.230; Ord. 015-09 C.S., eff. 12-3-09; Ord. 2020-09-15-1501 C.S. § 12)

§ 16.80.270 Problem uses.

This section provides criteria for the establishment of uses identified as "problem uses" as defined in Division 8, subject to the approval of a Commission use permit in compliance with Chapter 16.168 (Use Permits):
A. 
Purpose. To prevent the blight and deterioration caused by problem uses upon surrounding areas in all parts of the City as well as to encourage downtown revitalization by dispersing such activities to minimize their adverse impacts.
B. 
Criteria. The following criteria shall be considered for problem uses:
1. 
The proposed use with respect to the proximity and type of other problem uses;
2. 
The effect of dispersal or concentration of problem uses in the general area;
3. 
The effect that the proposed use is likely to have on the neighborhood;
4. 
The noise, traffic, and/or visual impacts, as well as other relevant factors, on the compatibility of the proposed use with the surrounding institutional, business, and residential uses;
5. 
The potential of the proposed use to create or increase loitering or vandalism in the area; and
6. 
The degree that traffic safety, both on-and off-site, will be adversely affected by the proposed activity.
C. 
Findings. The Commission shall consider the criteria in subsection B of this section, and make the findings in compliance with Section 16.168.050(B) (Findings and decision—Problem uses) before a use permit can be approved.
(Prior code § 16-365.240)

§ 16.80.280 Produce stands, commercial.

This section provides development and operational standards for the establishment of produce stands to provide a method for allowing growers of produce that is grown on the site to market their goods directly to consumers and to protect and maintain public health, safety, and welfare. Produce stands do not include Christmas/holiday sales facilities, including Christmas tree lots or pumpkin patches (Section 16.80.130) and farmers' markets in compliance with Chapter 16.164 (Temporary Activity Permits).
A. 
Accessory Use. A produce stand shall be allowed only as an accessory use to an agricultural production use on the same or adjacent site. At least 50 percent of the area of the site shall be devoted to agricultural production. The operator of the produce stand shall be the owner or lessee of the land where the agricultural production occurs.
B. 
Laws and Regulations. Produce stand operations (including agricultural operations) shall be subject to the laws and regulations administered by other City departments, San Joaquin County Public Health Services, Environmental Health Department, San Joaquin County Agricultural Commissioner's Office, as well as the requirements of other applicable agencies (e.g., the San Joaquin Valley Unified Air Pollution Control District, California Department of Transportation (CalTrans), and the California Department of Food and Agriculture).
C. 
Application. An appropriate application shall be filed with the department as provided below.
1. 
Permit Required. A temporary activity permit in compliance with Chapter 16.164 (Temporary Activity Permits) shall be required for a produce stand, except that a land development permit shall be required for any community garden with retail sales of produce grown on the site.
2. 
Site Plan. A site plan shall accompany the application showing:
a. 
The location and dimensions of the proposed temporary structures, parking areas (with each parking space illustrated), signs, portable restroom(s), and other temporary improvements;
b. 
Location of ingress and egress points;
c. 
Setbacks of structures and signs from property lines; and
d. 
A north (compass) orientation, adjacent streets, and identifying physical features where applicable.
3. 
Period of Operation. A statement of proposed days/hours of operation and the proposed beginning and ending date of the use shall be provided with the application. The time period allowed for each produce stand shall be the same as, or less than, the harvest season related to the produce grown and sold on-premises.
D. 
Standards.
1. 
Only one produce stand shall be allowed per parcel.
2. 
The produce stand shall be set back in compliance with the regulations in the zoning district in which the use is located, except as otherwise permitted in Section 16.80.130 (Community gardens).
3. 
Parking shall be provided as follows:
a. 
A minimum of three off-street parking spaces shall be provided;
b. 
An all-weather surface or compacted crushed rock, compacted crushed asphaltic concrete, compacted crushed Portland cement concrete or equivalent surface shall be provided for the vehicle ingress, egress, circulation, and off-street parking areas, subject to the approval of the City Engineer.
4. 
The surface for the produce stand site shall be constructed and maintained in a manner that prevents mud/dirt from being carried onto adjacent public streets and prevents fugitive dust generation in compliance with City standards and San Joaquin Valley Unified Air Pollution Control District, Regulation VIII—Fugitive Dust Prohibitions.
5. 
There shall be safe ingress and egress for the site as determined by review of the City Engineer.
6. 
Signs for produce stands shall be in compliance with Chapter 16.76 (Sign Standards).
7. 
A building permit shall be required for all structures larger than 120 square feet.
8. 
Structures/accessory structures/appurtenances deemed by the Director to have the potential to adversely affect the life, safety, and/or welfare of the public shall not be allowed, regardless of size.
9. 
No permanent electrical wiring or hookups of any kind are allowed.
10. 
Produce stand establishment and operation shall comply with all applicable sections of the latest edition of the California Building Code and the California Fire Code (CFC), Chapter 24.
11. 
The parcel on which the produce stand is located shall be kept clean of trash and debris at all times.
12. 
The parcel on which the produce stand is located shall be completely free of all evidence of the use within seven days following the termination of the use. Produce stand operations that do not comply with this standard shall be subject to a code enforcement action.
13. 
If restrooms are provided, they shall conform to all applicable rules, regulations, and codes of the San Joaquin County Public Health Services, Environmental Health Department, and any other requirements governing the use of these facilities.
14. 
Agricultural products may not be sold from a motorized vehicle.
(Prior code § 16-365.250; Ord. 023-07 C.S. § 92; Ord. 015-09 C.S., eff. 12-3-09; Ord. 011-11 C.S. § 1, eff. 10-27-11; Ord. 2020-09-15-1501 C.S. § 13)

§ 16.80.285 Produce stands, urban agriculture.

This section provides development and operational standards for produce stands when associated with an urban agriculture use and to provide a method for allowing growers of produce that is grown on-site to sell said produce in a form and scale that is appropriate for the urban context and to protect and maintain public health, safety, and welfare.
Urban agriculture produce stands do not include Christmas/holiday sales facilities, including Christmas tree lots or pumpkin patches (Section 16.80.130), farmers' markets in compliance with Chapter 16.168 (Temporary Activity Permits), market garden/urban farms in compliance with Section 16.80.135, and community gardens in compliance with Section 16.80.130.
A. 
Accessory Use. An urban agriculture produce stand shall be allowed only as an accessory use subject to Section 16.80.020(C) and the operator of the stand shall be the owner or lessee of the land where the urban agricultural production occurs.
B. 
Laws and Regulations. Urban agriculture produce stand operations (including agricultural operations) shall be subject to the laws and regulations administered by other City departments, San Joaquin County Public Health Services, Environmental Health Department, San Joaquin County Agricultural Commissioner's Office, as well as the requirements of other applicable agencies (e.g., the San Joaquin Valley Unified Air Pollution Control District, California Department of Transportation (CalTrans), and the California Department of Food and Agriculture).
C. 
Operating Hours. Urban agriculture produce stands shall only be allowed to operate between dawn and dusk.
D. 
Standards.
1. 
Only one urban agriculture produce stand shall be allowed per parcel.
2. 
The urban agriculture produce stand shall be set back a minimum five feet from all property lines.
3. 
Signs for urban agriculture produce stands shall be consistent with Section 16.76.040(D)(3)(b) (Garage sale signs) of this code. All signs shall be located outside of the public right-of-way.
4. 
A building permit shall be required for all structures larger than 120 square feet.
5. 
Structures/accessory structures/appurtenances not requiring a building permit and deemed by the Director to have the potential to adversely affect the life, safety, and/or welfare of the public shall not be allowed, regardless of size.
6. 
No permanent electrical wiring or hookups of any kind are allowed.
7. 
Urban agriculture produce stand establishment and operation shall comply with all applicable sections of the latest edition of the California Building Code and the California Fire Code (CFC), Chapter 24.
8. 
The parcel on which the urban agriculture produce stand is located shall be kept clean of trash and debris at all times.
9. 
When not in use and/or during non-operating hours, the urban agriculture produce stand shall be stored away from view from the public right-of-way and adjacent properties. Noncompliance with this standard shall be subject to enforcement action subject to Title 1.
10. 
If restrooms are provided, they shall conform to all applicable rules, regulations, and codes of the San Joaquin County Public Health Services, Environmental Health Department, and any other requirements governing the use of these facilities.
11. 
Agricultural products may not be sold from a motorized vehicle.
E. 
Exemptions.
1. 
Urban agriculture produce stands are exempt from obtaining a temporary activity permit under Section 16.164.030.
(Ord. 2020-09-15-1501 C.S. § 14)

§ 16.80.290 Recycling facilities.

This section establishes standards and procedures for the siting and operation of various types and sizes of commercial recycling facilities.
A. 
Permit Requirements. Recycling facilities are subject to permit review/approval in compliance with Division 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), provided the following standards are met.
B. 
Development and Operating Standards. Recycling facilities shall comply with the following standards:
1. 
Reverse Vending Machines. Reverse vending machine(s) shall be allowed in all commercial and manufacturing zoning districts, subject to compliance with the following standards:
a. 
Machines shall be installed as accessory uses in compliance with the applicable provisions of this Development Code, and shall not require additional parking;
b. 
If located inside of a structure, shall be within 30 feet of the entrance and shall not obstruct pedestrian circulation;
c. 
If located outside of a structure, shall not occupy required parking spaces, and shall be constructed of durable waterproof and rustproof material(s);
d. 
Shall not exceed 50 square feet for each installation, including any protective enclosure, nor eight feet in height;
e. 
Shall have a maximum sign area of four square feet for each machine, exclusive of operating instructions;
f. 
Shall have operating hours which are consistent with the operating hours of the main use; and
g. 
Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn, in compliance with Section 16.32.070 (Light and glare).
2. 
Redemption Centers.
a. 
Minor Redemption Facilities. Minor redemption facilities shall be allowed subject to the approval of an Administrative Use Permit provided the following standards are met.
i. 
Supermarket Convenience Zones. The facility shall only be located within a "supermarket convenience zone," as defined by the State of California Department of Resources Recycling and Recovery (CalRecycle) and only as needed to satisfy the minimum requirements of CalRecycle for the zone;
ii. 
Shall be located within an existing building and shall not be the primary use of the parcel or integrated center;
iii. 
Shall not be located within 300 feet of a residential use and public and/or private academic schools for students in kindergarten through grade 12;
iv. 
Shall not operate between the hours of 6:00 p.m. and 10:00 a.m.;
v. 
Shall only accept empty beverage containers with a California Redemption Value (CRV), including those made from aluminum, glass, paper and plastic;
vi. 
Shall not use power-driven processing equipment, except for reverse vending machines;
vii. 
The site shall be maintained, kept clean, sanitary, free of litter and any other undesirable materials and shall be cleaned of loose debris on a daily basis;
viii. 
Dust, fumes, odor, smoke, or vibration above ambient levels shall not be detectable within adjoining structures and/or on adjoining parcels;
ix. 
Signs shall comply with the standards for wall signs (Section 16.76.100(J)), subject to review by the Director.
b. 
Major Redemption Facilities. Major redemption facilities shall be allowed subject to the approval of a Commission Use Permit provided the following standards are met.
i. 
Supermarket Convenience Zones. The facility shall only be located within a "supermarket convenience zone," as defined by the State of California Department of Resources Recycling and Recovery (CalRecycle) and only as needed to meet the minimum requirements of CalRecycle for the zone;
ii. 
The facility shall be allowed within an enclosed freestanding structure that is architecturally compatible with the primary structure(s) of the site and is found to be consistent with the Citywide Design Guidelines and shall not be the primary use of the parcel or integrated center;
iii. 
Shall not be located within 300 feet of a residential use and public and/or private academic schools for students in kindergarten through grade 12;
iv. 
Shall not operate between the hours of 6:00 p.m. and 10:00 a.m.;
v. 
Shall only accept empty beverage containers with a California Redemption Value (CRV), including those made from aluminum, glass, paper and plastic;
vi. 
Shall comply with all structure setbacks and landscaping requirements for the zoning district;
vii. 
The site shall be maintained, kept clean, sanitary and free of litter and any other undesirable materials on a daily basis;
viii. 
Dust, fumes, odor, smoke or vibration above ambient levels shall not be detectable within adjacent structures and/or on adjoining parcels;
ix. 
Signs shall comply with the standards for wall signs (Section 16.76.100(J)), subject to review by the Director; and
x. 
One parking space shall be provided for the attendant. The facility shall not be allowed if it would reduce the number of off-street parking spaces below the minimum number required for the primary use(s) of the parcel or integrated center.
3. 
Recycling Facilities. Recycling facilities are allowed in compliance the following standards:
a. 
The facility shall not be located within 100 feet of a residential use;
b. 
Light recycling facilities:
i. 
Are limited to baling, briquetting, compacting, crushing, grinding, shredding, and sorting of source-separated recyclable materials and repairing of reusable materials, and
ii. 
Shall not exceed 45,000 square feet, may have up to an average of two outbound truck shipments of material each day, and shall not bale, compact, or shred ferrous metals other than beverage and food containers;
c. 
A heavy recycling facility may exceed 45,000 square feet and exceed two outbound truck shipments each day, and may perform those functions not allowed at light processing facilities;
d. 
Exterior storage of material shall be in sturdy containers or enclosures that are maintained and secured in good condition. Outdoor storage shall be separated from public rights-of-way by solid masonry walls. Storage, excluding truck trailers, shall not be visible above the height of the required screen or walls;
e. 
Containers provided for "after hours" donation of recyclable materials shall be permanently located at least 100 feet from any residential zoning district; constructed of sturdy, rustproof material(s); have sufficient capacity to accommodate materials collected; and be secured from unauthorized entry or removal of the materials; and
f. 
Dust, fumes, odor, smoke, or vibration above ambient levels shall not be detectable on adjoining parcels.
(Prior code § 16-365.260; Ord. 2014-05-20-1601 C.S. § 2)

§ 16.80.300 Residential care homes.

This section provides standards for the establishment and operation of residential care homes for seven or more clients.
A. 
Applicability. Residential care homes are allowed in compliance with Division 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) provided the following standards are met.
B. 
General Standards.
1. 
A drop-off/pick-up/loading/temporary parking area shall be provided adjacent to the main entrance;
2. 
A minimum of 10 percent of the site area shall be provided for usable indoor and/or outdoor recreation areas;
3. 
Outdoor recreation areas and open courtyards shall be provided throughout the project. These areas shall be designed to provide passive open space with tables, chairs, planters, or small garden spaces to make these areas useful and functional for tenants;
4. 
If located within a residential neighborhood, the architecture of the facility shall be compatible with the residential character of the area.
C. 
Security Provisions. Security provisions shall be provided in the following manner:
1. 
The entire facility shall be designed to provide maximum security for residents (i.e., lighting, cameras, surveillance);
2. 
Adequate measures shall be taken to provide for vehicle parking security including security gates, fencing, and night lighting. A vehicle stacking distance and override devices for gates shall be in conformance with the City's standards, specifications and plans.
D. 
Accessory Uses. The following accessory uses may be provided for the exclusive use of the residents in compliance with Section 16.80.020(B) (Accessory uses and structures—Retail/services):
1. 
Beauty and barber shop;
2. 
Exercise/therapy room(s);
3. 
Small scale drug store and/or medical facility (not exceeding 850 square feet) for on-site residents; and
4. 
Other compatible uses for the benefit of the residences.
(Prior code § 16-365.280)

§ 16.80.310 Accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs).

This section provides standards for the establishment of accessory dwelling units and junior accessory dwelling units in a manner consistent with Government Code Sections 66310 through 66342. The standards granted per the California Government Code pertaining to accessory dwelling units, shall preempt and supersede any local standards that conflict with the allowances granted under State law.
A. 
Review Procedures. The Review Authority shall issue a ministerial building permit for an accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU) without discretionary review or a hearing, consistent with the provisions of this chapter and State law, unless otherwise provided.
B. 
Primary Dwelling Unit Required. The lot must be in a zoning district that allows single-unit or multi-unit dwellings and contain an existing primary dwelling unit or multi-unit dwelling at the time an application for an ADU is submitted, or the application for an ADU may be made in conjunction with the development of a primary single-unit dwelling.
C. 
Number of Accessory Dwelling Units Allowed. One ADU shall be allowed per parcel except as follows:
1. 
When a parcel has existing multi-unit development, at least one ADU, but not more than 25% of the existing multi-unit units are permitted within the portions of existing multi-unit dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each ADU complies with the applicable provisions of Title 15.
2. 
When the parcel has multi-unit development, a maximum of eight, but no more than the number existing units on site, detached ADUs are permitted, above and beyond the 25% limit described above.
3. 
When the parcel has proposed multi-unit development, a maximum of two detached accessory dwelling units.
4. 
One attached ADU and/or one JADU internal to the primary dwelling unit may be constructed on lots with proposed or existing single-unit dwellings.
5. 
When a parcel has been subdivided under California Government Code Sections 65852.21, 66411.7, and 66452.6, only one ADU per subdivided parcel shall be permitted.
D. 
Development Standards. Except as provided pursuant to California Government Code Section 66323, ADUs shall comply with the development standards of the base, overlay, or specific plan district in which it is located, except as modified below.
1. 
Density. An ADU shall not be included in the calculation of the density of the lot on which it is located.
2. 
Setbacks.
a. 
Attached and detached ADUs may encroach into the rear, street side and side yard setback when a minimum setback of three feet is provided.
b. 
When an existing detached accessory structure is converted in whole or part to an ADU, only those portions located outside the existing building envelope are subject to a minimum setback of three feet.
3. 
Floor Area.
a. 
The maximum floor area of a detached ADU is 1,200 square feet, excluding, where present, any enclosed parking space(s), exterior stairs, or similar non-habitable features.
b. 
The total floor area of an attached ADU shall not exceed 50% of the existing primary dwelling or 850 square feet, whichever is greater.
c. 
The maximum floor area of a JADU is 500 square feet.
4. 
Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit. However, accessory dwelling units attached to single-unit dwellings shall have independent, exterior access and side and rear setbacks sufficient for fire and safety.
E. 
Parking.
1. 
No off-street parking is required for ADUs.
2. 
If off-street parking space is voluntarily provided, the following standards apply:
a. 
It may be uncovered, covered, or enclosed;
b. 
It must be on a paved surface and accessible from a paved driveway; and
c. 
It may exceed the front yard pavement limit at Section 16.64.090.A.2.
3. 
When an existing garage, carport or covered parking structure is demolished in conjunction with the construction of an ADU, there is no replacement requirement.
F. 
Rental or Sale of Unit. An ADU may be rented. The rental term shall be at least 30 days. The ADU shall not be sold or otherwise conveyed separately from the main dwelling unit, except as provided at California Government Code Section 66341 and below.
1. 
An ADU may be conveyed separately from the primary dwelling unit as a condominium, pursuant to the following requirements.
a. 
The condominiums shall be created pursuant to the Davis-Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4 of the California Civil Code).
b. 
The condominiums shall be created in conformance with all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)) and all objective requirements of Division 6 (Subdivision Regulations).
c. 
Before recordation of the condominium plan, a safety inspection of the accessory dwelling unit shall be conducted as evidenced either through a certificate of occupancy from the local agency or a housing quality standards report from a building inspector certified by the United States Department of Housing and Urban Development.
d. 
Neither a subdivision map nor a condominium plan shall be recorded with the County Recorder without each lienholder's consent. The following shall apply to the consent of a lienholder:
i. 
A lienholder may refuse to give consent.
ii. 
A lienholder may consent provided that any terms and conditions required by the lienholder are satisfied.
e. 
Prior to recordation of the initial or any subsequent modifications to the condominium plan, written evidence of the lienholder's consent shall be provided to the County Recorder along with a signed statement from each lienholder that states as follows:
"(Name of lienholder) hereby consents to the recording of this condominium plan in their sole and absolute discretion and the borrower has or will satisfy any additional terms and conditions the lienholder may have."
f. 
The lienholder's consent shall be included on the condominium plan or a separate form attached to the condominium plan that includes the following information:
i. 
The lienholder's signature.
ii. 
The name of the record owner or ground lessee.
iii. 
The legal description of the real property.
iv. 
The identities of all parties with an interest in the real property as reflected in the real property records.
v. 
The lienholder's consent shall be recorded in the office of the County Recorder.
g. 
The local agency shall include the following notice to consumers on any accessory dwelling or junior accessory dwelling unit submittal checklist or public information issued describing requirements and permitting for accessory dwelling units, including as standard condition of any accessory dwelling unit building permit or condominium plan approval:
"NOTICE: If you are considering establishing your primary dwelling unit and accessory dwelling unit as a condominium, please ensure that your building permitting agency allows this practice. If you decide to establish your primary dwelling unit and accessory dwelling unit as a condominium, your condominium plan or any future modifications to the condominium plan must be recorded with the County Recorder. Prior to recordation or modification of your subdivision map and condominium plan, any lienholder with a lien on your title must provide a form of written consent either on the condominium plan, or on the lienholder's consent form attached to the condominium plan, with text that clearly states that the lender approves recordation of the condominium plan and that you have satisfied their terms and conditions, if any.
In order to secure lender consent, you may be required to follow additional lender requirements, which may include, but are not limited to, one or more of the following:
h. 
Paying off your current lender.
You may pay off your mortgage and any liens through a refinance or a new loan. Be aware that refinancing or using a new loan may result in changes to your interest rate or tax basis. Also, be aware that any subsequent modification to your subdivision map or condominium plan must also be consented to by your lender, which consent may be denied.
i. 
Securing your lender's approval of a modification to their loan collateral due to the change of your current property legal description into one or more condominium parcels.
ii. 
Securing your lender's consent to the details of any construction loan or ground lease.
This may include a copy of the improvement contract entered in good faith with a licensed contractor, evidence that the record owner or ground lessee has the funds to complete the work, and a signed statement made by the record owner or ground lessor that the information in the consent above is true and correct."
i. 
If an accessory dwelling unit is established as a condominium, the homeowner shall notify providers of utilities, including water, sewer, gas, and electricity, of the condominium creation and separate conveyance.
j. 
The owner of a property or a separate interest within an existing planned development that has an existing association, as defined in Section 4080 of the California Civil Code, shall not record a condominium plan to create a common interest development under Section 4100 of the California Civil Code without the express written authorization by the existing association.
i. 
For purposes of this subdivision, written authorization by the existing association means approval by the board at a duly noticed board meeting, as defined in Section 4090 of the California Civil Code, and if needed pursuant to the existing association's governing documents, membership approval of the existing association.
k. 
An accessory dwelling unit shall be sold or otherwise conveyed separate from the primary residence only under the conditions outlined in this section and State law.
G. 
Junior Accessory Dwelling Units. In addition to the other standards provided in this section, each JADU shall be subject to compliance with the building permit requirements and the following standards:
1. 
Each JADU may contain separate sanitation facilities or may share sanitation facilities with the primary dwelling unit.
2. 
Each JADU shall include a separate entrance from the main entrance to the principal dwelling unit and may include an interior entry to the main living area. A second, "double" interior door may be included for sound attenuation.
3. 
Each JADU shall, at a minimum, include an efficiency kitchen, as required by the building code, which shall include all of the following:
a. 
A cooking facility with appliances; and
b. 
Food preparation counters and storage cabinets.
4. 
One JADU is permitted per lot zoned for single-unit dwellings that is developed or proposed to be developed with a single-unit dwelling.
5. 
Additional parking is not required for a JADU.
6. 
Owner-occupancy is required in the primary dwelling unit in which the JADU will be permitted. The owner may reside in either the primary dwelling unit or the newly created JADU. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.
7. 
Recordation of a deed restriction, which shall run with the land, shall be filed with the permitting agency, and shall include both of the following:
a. 
A prohibition on the sale of the JADU separate from the sale of the primary dwelling, including a statement that the deed restriction may be enforced against future purchasers.
b. 
A restriction on the size and attributes of the JADU that conforms with this chapter.
(Prior code § 16-365.290; Ord. 023-07 C.S. §§ 94, 95; Ord. 001-08 C.S. § 23; Ord. 2018-05-15-1502 § II; Ord. 2020-06-09-1501 C.S. § 23; Ord. 2020-12-01-1502 C.S. § 31; Ord. 2022-07-12-1601-02 C.S. § 28; Ord. 2025-06-03-1601, 6/3/2025)

§ 16.80.320 Service stations (fueling stations).

This section provides development and operational standards for the establishment and conduct of new station operations and for the modification or expansion of existing service stations.
A. 
Applicability. Service stations/fueling stations are allowed in compliance with Division 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) and the requirements of this section.
B. 
Requirements. The following requirements apply to service stations:
1. 
New Service Stations. New service stations shall comply with the following standards, in addition to the standards contained in subsection (B)(2) of this section (Modification or expansion of existing service stations), except subsection (B)(2)(g) of this section:
a. 
The minimum site area shall be 15,000 square feet;
b. 
The minimum frontage shall be 150 feet on at least one arterial street;
c. 
Pump islands shall be located:
i. 
A minimum of 18 feet from any property line to the nearest edge of the pump island; however, a canopy or roof structure over a pump island may be constructed to within five feet of a street side property line;
ii. 
A minimum of 28 feet from pump island to pump island or pump island to any structure; and
iii. 
A minimum of 38 feet from the pump island to the end of the parking stalls.
d. 
There shall be no more than two vehicular access points to/from the public right-of-way;
e. 
Access shall be provided in compliance with Section 16.36.030 (Access—General);
f. 
A vehicle stacking distance of at least 38 feet (two car lengths) shall be required on site for each pump aisle measured from the end pump. The stacking area shall not interfere with access to the site or with internal parking;
g. 
Landscaping shall comprise a minimum of 10 percent of the site area and shall be provided and permanently maintained in compliance with the following regulations:
i. 
A minimum five foot wide, inside dimension, and six inch high curbed landscaped planter area shall be provided along the street property lines, except for driveways, and along side and rear property lines adjoining residentially zoned properties. Trees shall be provided in compliance with Section 16.72.180 (Street trees) and in landscaped areas adjoining residentially zoned properties at a rate of one tree for each 20 lineal feet of planter area;
ii. 
An on-premises planter area of not less than 200 square feet shall be provided at the corner of two intersecting streets. Landscaping shall not exceed a height of 30 inches at this location; and
iii. 
Additional landscaping may be required to screen the service station from adjacent properties.
h. 
All exterior light sources, including canopy, perimeter, and flood shall be energy efficient, stationary, and shielded or recessed within the roof canopy to ensure that all light is directed away from adjacent properties and public rights-of-way;
i. 
Openings of service bays shall be located to minimize the visual intrusion onto adjacent public rights-of-way;
j. 
A service station that adjoins property in a residential zoning district shall provide an eight foot-high decorative masonry wall along the common property line, compatible with on-premises development and adjacent properties, subject to the approval of the Director. When the wall reaches the established front yard setback line of a residentially zoned parcel adjoining or directly across an alley from the service station, the wall shall decrease to a height of three feet;
k. 
A parking area for fuel delivery trucks shall be provided which does not interfere with vehicle circulation or parking; and
l. 
Signs shall be in compliance with Chapter 16.76 (Sign Standards).
2. 
Modification or Expansion of Existing Service Stations. Unless otherwise permitted by the zone, any modification or expansion of an existing service station shall comply with all of the following standards:
a. 
The following services/operations are allowed uses within a service station:
i. 
Sale of gas and oil, grease, tires, batteries, and other accessories;
ii. 
Oiling and greasing of automobiles;
iii. 
Minor services and adjustment of brakes, electrical systems, fan belts, head lamps, spark plugs, windshield wipers, air filters, and generators; and
iv. 
Installation of spark plugs, water and gas pumps, batteries and cables, and water hoses.
b. 
All activities and operations shall be conducted entirely within an enclosed structure, except as follows:
i. 
The dispensing of petroleum products, water, and air from pump islands;
ii. 
The provision of emergency service of a minor nature; and
iii. 
The sale of items via vending machines which shall be placed next to the main structure in a designated area not to exceed 32 square feet, and which shall be screened from public view.
c. 
The following services/operations are not allowed within any service station:
i. 
Repairs or reconditioning of the chassis, motors, engines, bodies or fenders of automobiles, motor vehicles, motor boats, launches, or motor propelled vessels;
ii. 
Automobile painting;
iii. 
Steam cleaning;
iv. 
Tire rebuilding or recapping;
v. 
Sale or rental of vehicles and trailers;
vi. 
Overnight parking except within an enclosed structure;
vii. 
Goods or merchandise displayed outside of an enclosed structure;
viii. 
Tool rentals.
d. 
Parking shall be provided in compliance with Chapter 16.64 (Off-Street Parking and Loading Standards) and the following:
i. 
No vehicles may be parked on sidewalks, parkways, driveways, or alleys; and
ii. 
No vehicle may be parked on the premises for the purpose of vehicle sales.
e. 
All on-premises signs shall comply with Chapter 16.76 (Sign Standards);
f. 
Service stations may receive used motor oil for subsequent recycling and removal, subject to approval by the City Fire Department; and
g. 
Where an existing service station adjoins property in a residential zoning district, an eight foot high decorative masonry wall shall be constructed along the common property line at the time the station receives an entitlement for any on-premises improvement/ modification costing more than 25 percent of the appraised value of the structure, as shown in the County Assessor's records, or $25,000.00, whichever is less. The masonry wall shall be compatible with on-premises development and adjacent properties, subject to the approval of the Director. When the wall reaches the established front yard setback line of a residentially zoned parcel adjoining or directly across an alley from the service station, the wall shall decrease to a height of three feet.
(Prior code § 16-365.300)

§ 16.80.330 Shopping centers and large-scale commercial retail uses.

This section provides development standards for the establishment of integrated shopping centers and large retail uses in zoning districts, except the CD zoning district, where they are allowed in compliance with Table 2-2 (Allowable Land Uses and Permit Requirements). The intent of these standards is to establish a consistent set of development standards based on the size of the retail commercial site in order to ensure the compatibility of retail commercial operations with surrounding land uses. Specifically these standards will protect adjoining residential uses, as defined in Division 8 (Glossary), from the potential impacts of large retail commercial operations (including auto and truck traffic conflicts and safety, noise, air pollution, lighting, aesthetics, etc.).
A. 
Applicability. The requirements of this section shall apply to the following:
1. 
Two or More Acres. Shopping centers and large-scale commercial retail developments that are two or more acres in size; and
2. 
Less than Two Acres. Smaller retail commercial developments where the Director determines that a significant potential exists for the proposed use to negatively impact adjoining residential zoning districts.
B. 
Permit Requirements. In addition to the requirements of this section, shopping centers and large freestanding retail commercial uses, including warehouse retail, on parcels that are two or more acres in size shall be subject to the requirements of the applicable zoning district and the permit requirements of Table 2-2 (Allowable Land Uses and Permit Requirements).
C. 
Shopping Center Project Plans. A project plan shall be required for the development or expansion of any shopping center. The land use development permit required for the proposed use in Table 2-2 (Allowable Land Uses and Permit Requirements) shall constitute the project plan. All future development of the shopping center shall be in compliance with that project plan.
1. 
Contents. The project plan shall, at a minimum, include the following:
a. 
Location, size, and configuration of any structures, including buildings, signs, waste compactors and enclosures, walls/fencing, etc.;
b. 
Circulation and parking plans and loading areas or docks;
c. 
Transit facilities; and
d. 
Landscaping, courtyards, outdoor seating areas, and other active and passive open spaces.
2. 
Changes to Project Plan.
a. 
Any changes to the approved project plan shall be in compliance with Chapter 16.104 (Changes to an Approved Project).
b. 
Subsequent changes to approved uses within a shopping center shall not require modification to the project plan unless the proposed use modifies the physical layout of the site.
c. 
The replacement of existing buildings shall not require a new or revised project plan if the new building:
i. 
Has the same or a smaller footprint, total square footage, and height;
ii. 
Does not intrude closer to the property line than the demolished building; and
iii. 
The proposed use does not independently require a discretionary land use permit from the City.
3. 
Separate Permits. Land uses that are identified as requiring a land use development permit in Table 2-2 (Allowable Land Uses and Permit Requirements) shall obtain that permit for that land use separately. An amendment to the permit for the project plan shall not be required.
D. 
Standards.
1. 
Location. The shopping center or large-scale commercial retail site shall have at least one public street frontage on:
a. 
Neighborhood Shopping Centers. A collector or arterial (major or minor) street for neighborhood shopping centers.
b. 
Community and Regional Shopping Centers. An arterial (major or minor) street for community and regional shopping centers.
2. 
Design. The shopping center or large-scale commercial retail development shall be designed:
a. 
So as to have a public or private street or landscape buffer in compliance with subsection (D)(3) of this section (Shopping centers and large-scale commercial retail uses—Adjacent to residential zoning districts) between the commercial use and any residential zoning district, except additions to existing shopping centers or large-scale commercial retail development.
b. 
So as to preclude bisecting the site with a public street. Any expansion of the commercial development shall not be separated from the original commercial site by a public street. An exception may be granted by the Director or Commission, as applicable, for existing development that contains a public street;
c. 
So that all on-site circulation shall occur on private access easements. If the site consists of multiple parcels, a reciprocal access and parking agreement shall be recorded by the property owners and a copy filed with the City;
d. 
So that the on-site pedestrian and vehicular circulation system minimizes pedestrian/vehicle conflicts; and
e. 
So that the spaces for loading and unloading are in compliance with Section 16.64.110 (Off-street loading space standards).
3. 
Adjacent to Residential Zoning Districts. Shopping centers or large retail uses that are separated from and adjoining residential zoning district by a landscape buffer shall be subject to the following:
a. 
Structure Setback. The setback for a structure adjacent to a residential zoning district shall be equal to the height of the building, but in no case shall the setback be less than the landscaping strip required in compliance with Table 3-15 (Width of Landscaping Strip), below. See Figure 3-28 below.
 -VII--Image-27.tif
FIGURE 3-28 SHOPPING CENTER STRUCTURE SETBACKS
b. 
Screening Required.
i. 
Wall. A solid masonry sound wall with a minimum height of eight feet, or higher if required by an acoustical analysis, shall be constructed and maintained on the project site along the common property line in compliance with Section 16.36.100 (Screening and buffering). Pedestrian access may be provided through the wall from a residential neighborhood to a neighborhood-serving commercial use subject to the approval of the Director.
ii. 
Landscaping Required. A landscaping strip shall be provided adjacent to the commercial side of the wall with the intention of providing a planting area for trees and shrubs on the commercial site.
(A) 
The width of the landscaping strip shall be in compliance with Table 3-15 (Width of Landscaping Strip). If an existing shopping center or large-scale commercial retail use has existing physical constraints (structures, parking, circulation, etc.) that limit the amount of landscaping that can be provided when there is an addition or renovation, landscaping shall be required subject to the Director.
TABLE 3-15
WIDTH OF LANDSCAPING STRIP
Site Area (acres)
Width of Landscaping Strip (feet)
2—10
15
10—25
30
25 or more
50
(B) 
Landscaping shall be designed to visually screen the commercial development from the residences and to effectively break up the otherwise long, flat appearance of the wall.
(1) 
Landscaping shall be provided and maintained in compliance with Chapter 16.56 (Landscaping Standards);
(2) 
The landscaping should primarily consist of evergreen shrubs and trees which may be located on berms; and
(3) 
Trees shall be provided at a rate of one for every 20 linear feet of landscaped area.
iii. 
The use of the landscaped strip for passive activities (e.g., lunch area, pedestrian path) shall be subject to the approval of the Director.
4. 
Sidewalks. Sidewalks shall be provided along the full length of any side of a building which feature a customer entrance and along any side of a building that abuts a public parking area. Sidewalks shall be located at least six feet from the façade of the building to provide planting beds for foundation landscaping.
5. 
Parking.
a. 
The number of parking spaces shall comply with Table 3-9 (Parking Requirements by Land Use);
b. 
Parking lots shall be provided in compliance with the requirements of Chapter 16.64 (Off-Street Parking and Loading Standards) and the City's standards and specifications; and
c. 
If the site consists of multiple parcels, a reciprocal access and parking agreement shall be recorded by the property owners and a copy filed with the City.
6. 
Service Areas. Service areas (e.g., loading docks, trash areas, shopping cart storage, and similar uses) shall not encroach into the required setback between the commercial use and the residential zoning district/noise-sensitive use.
a. 
Loading and unloading areas shall be oriented away from street side elevations whenever possible and shall be screened from public view in compliance with Section 16.36.100 (Screening and buffering);
b. 
Loading and unloading activities and other similar activities that may cause noise shall be in compliance with Chapter 16.60 (Noise Standards);
c. 
Trash enclosures shall be in compliance with Section 16.36.130 (Solid waste/recyclable materials storage); and
d. 
Shopping carts shall be located so as to not interfere with fire lanes or pedestrian, vehicle, or other circulation.
7. 
Bicycle Facilities. Provisions for bicycle racks shall be in compliance with Section 16.64.100.
8. 
Transit Facilities. Provisions for transit facilities, (e.g., bus stops and shelters) shall be included as determined by the Transit Authority in consultation with the Director.
9. 
Signs. A comprehensive sign program shall be provided in compliance with Section 16.76.050 (Comprehensive sign program).
(Prior code § 16-365.310; Ord. 023-07 C.S. §§ 96—99)

§ 16.80.340 Tow truck operations.

This section provides operational standards for the establishment of tow truck operations in conjunction with an existing service station.
A. 
Tow trucks shall be stored within an enclosed structure during hours the service station is closed.
B. 
There shall be no outside storage of inoperable vehicles on the service station site.
C. 
Vehicles requiring body or fender work or major mechanical repairs (e.g., transmission or differential repair, motor overhauling, internal motor repair) shall not be towed to the service station site.
(Prior code § 16-365.320)

§ 16.80.350 Urban agriculture.

This section provides standards for development and operation of urban agriculture land uses. Urban agriculture shall be allowed in zoning districts identified in Table 2-2 of Section 16.20.020 and shall comply with the standards in this section as well as the standards as laid out in Chapters 16.24 and 16.28.
A. 
Maintenance. Urban agriculture uses shall be maintained in an orderly manner, including litter removal, irrigation, weeding, pruning, pest control and removal of dead or diseased plant materials.
B. 
Equipment.
1. 
Use of mechanized farm equipment is prohibited in residential zoning districts.
2. 
Exceptions.
a. 
Heavy equipment may be used initially to prepare the land for agriculture use.
b. 
Landscaping equipment designed for household use is permitted.
c. 
Heavy equipment may be used if operating a market garden/urban farm in compliance with Section 16.80.135.
d. 
Equipment when not in use must be enclosed or otherwise screened from sight from a public street and adjacent parcel.
C. 
Structures. Structures to support urban agriculture, such as storage sheds, hoop-houses, and greenhouses, are considered accessory structures and subject to the regulations defined in Section 16.36.035 (Accessory structures) of this code.
D. 
Aquaculture Operations.
1. 
Aquaculture operations are allowed in the Industrial, Limited (IL) and Industrial, General (IG) zoning districts.
E. 
Urban Beekeeping. It is unlawful to permanently keep, have or ranch more than two beehives on a single parcel of residentially zoned property within the City, unless such parcel of property is zoned "RE" and utilized as a market garden/urban farm. Nothing in this section shall be deemed to authorize anyone to keep, harbor or maintain any such hives in violation of any other applicable law.
1. 
Hives shall be placed in a quiet area and at least 20 feet distant from any dwelling on an adjacent parcel.
2. 
Where there is no fence or flyway barrier, the hive entrance shall be oriented away from building entrances and walkways, and toward the most distant property line.
3. 
A clear flight path shall be maintained at least 10 feet from the hive entrance.
4. 
When colony is situated less than 10 feet from a property line, the beekeeper must establish a flyway barrier. This should be at least six feet tall and extend 10 feet beyond the colony on either side. It can be solid, vegetative or any combination of the two, that forces the bees to cross the property line at a height of six feet.
5. 
All colonies shall be located at least 20 feet from a public sidewalk, alley, street, or road.
6. 
All bee equipment and hive(s) shall be maintained in good condition.
7. 
A substantial barrier/fence shall be erected to prevent animals and children from coming into close contact with the hives. The barrier/fence should be at least six feet tall and extend 10 feet beyond the colony on either side.
8. 
Bees shall have access to an adequate water source at all times.
9. 
Urban beekeeping activities shall comply with the provisions in the Apiary Protection Act (Food and Agriculture Code 29000, et seq.).
F. 
Urban agriculture activities shall include best practices to prevent pollutants from entering the stormwater conveyance system and shall comply with all applicable Federal, State, and local laws, ordinances, or regulations, including, but not limited to, the stormwater management and discharge control code in Chapter 13.16 and the grading, erosion, and sediment control ordinance in Chapter 15.48.
(Ord. 2020-09-15-1501 C.S. § 15; Ord. 2025-06-03-1601, 6/3/2025)

§ 16.80.360 (Reserved)

Note: Former Section 16.80.360, Utility equipment, derived from Prior code § 16-365.340; was repealed by Ord. 2025-06-03-1601, 6/3/2025.

§ 16.80.370 Veterinary clinics and animal hospitals.

This section provides development and operational standards for the establishment of veterinary clinics and animal hospitals in commercial zoning districts or abutting noise-sensitive uses in zoning districts where they are allowed in compliance with the provisions of Division 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards).
A. 
No structure used for a veterinary clinic or animal hospital shall be located closer than 40 feet to the nearest residential structure.
B. 
Veterinary clinics and animal hospitals shall be soundproofed to the extent that no animal sounds originating from within the structure shall be audible to the human ear unaided at a distance of 10 feet from any exterior wall of the structure.
C. 
All animal pens, runs, and exercise areas shall be within the enclosed soundproof structure.
D. 
Ventilation of the structure shall be provided solely by mechanical means, and no odors shall be detectable outside the boundaries of the property.
(Prior code § 16-365.350; Ord. 2013-12-17-1210 C.S. § 2)

§ 16.80.375 (Reserved)

Note: Former Section 16.80.375, Wind power equipment, derived from Ord. 015-09 C.S., eff. 12-3-09; was repealed by Ord. 2025-06-03-1601, 6/3/2025.

§ 16.80.380 Food truck parks.

This section provides standards for development and operation of all food truck parks on private property. All food truck parks shall be allowed in zoning districts identified in Table 2-2 of Section 16.20.020 and shall comply with the standards in this section as well as the standards laid out in Chapters 16.24 and 16.28.
A. 
Purpose and Application. The general purpose of this section is to ensure the safe and sanitary operation of food truck parks; to enforce rules consistent with California Health and Safety Code and San Joaquin County Environmental Health Department; to establish rules and regulations for the use of private property to maintain and operate the food truck park under which permits shall remain in compliance, be suspended, or revoked, and provide penalties for violations thereof.
Compliance determination will encompass all the provisions set forth in this section, including, but not limited to, site plan, parking availability, traffic movement, aesthetics, zoning, setbacks, environmental requirements, and conformity with the City's General Plan.
B. 
Food Truck Park Permitting Requirements. The following provides permit requirements for using private property to maintain and operate food truck parks.
1. 
All food truck parks shall comply with the following applicable land use requirements:
Number of motorized food wagons on property
Duration of Operations
One-time event held over 7 consecutive days or less within a calendar year per parcel
Recurring event held on 3 or fewer days per week
Permanent (7 days a week)
Food truck pod
2 to 5
Temporary Activity Permit (TAP)
Land Development Permit (LDP)
Land Development Permit (LDP)
Food truck hub
6 to 10
Temporary Activity Permit (TAP)
Administrative Use Permit (AUP)
Administrative Use Permit (AUP)
Food truck plaza
11 or more
Temporary Activity Permit (TAP)
Commission Use Permit (CUP)
Commission Use Permit (CUP)
Food truck park/commissary co-locations
-
Commission Use Permit (CUP)
Commission Use Permit (CUP)
Commission Use Permit (CUP)
2. 
All construction must comply with the current building code and follow applicable building permit process.
3. 
All food truck parks shall obtain the necessary City fire permits required for operation specified in the California Fire Code, including, but not limited to, an operational fire permit.
C. 
Development and Operation Standards. The following development standards apply to all food truck parks.
1. 
Food Truck Park Area Requirements.
a. 
Minimum gross area shall be 5,000 square feet.
b. 
Minimum number of motorized food wagons at the food truck park shall be two.
2. 
Motorized Food Wagon Area and Setback Requirements.
a. 
The use and storage of LP-gas at the site are regulated pursuant to the California Fire Code (CFC), Chapter 61, and the National Protection Association. Requirements shall include, but are not limited to, the following:
i. 
Motorized food wagons shall be set back a minimum of 10 feet from all property lines.
ii. 
Motorized food wagons shall be located a minimum of 10 feet from any other motorized food wagon.
iii. 
Motorized food wagons shall be located a minimum of 10 feet from any other structures on the site.
3. 
Site Improvements (Surfacing). Parking spaces, driveways, maneuvering aisles and turnaround areas shall be paved in accordance with Section 16.64.030(D).
4. 
Off-Street Parking Requirements.
a. 
Food truck park off-street parking requirements shall comply with Chapter 16.64 (Off-Street Parking and Loading Standards).
i. 
Off-street parking shall be provided at the ratio of three parking spaces per maximum number of motorized food wagons permitted on-site (exclusive of spaces provided for motorized food wagon).
5. 
Fencing. If perimeter fencing is installed, it shall comply with Chapter 16.48 (Fences, Hedges and Walls). Gates for motorized food wagons and for pedestrian access are required to be unlocked during operating hours.
6. 
Access. Ingress and egress are required pursuant to Section 16.36.030. Adequate vehicular and pedestrian circulation is required.
7. 
Landscaping. Landscaping is required pursuant to Chapter 16.56 (Landscaping Standards) and Chapter 16.64 (Off-Street Parking and Loading Standards).
8. 
Solid Waste/Recyclable Materials Storage.
a. 
Solid waste/recyclable materials storage is pursuant to Section 16.36.130.
b. 
Size of the solid waste/recyclable storage shall be determined by Table 3-2 in Section 16.36.130, based upon the gross square footage of the food truck park and food truck park/commissary co-location property.
9. 
Discharge of Wastewater, Gray Water and Fats, Oils, and Grease (FOG).
a. 
Motorized food wagons are prohibited from draining or spilling of wastewater, gray water and/or fats, oils, and grease into the storm drain system or on the ground.
b. 
Discharge of fats, oils, and grease to the sanitary sewer is pursuant to Chapter 13.40 (Discharges of Fats, Oils and Grease from Food Service Establishments).
10. 
Maintenance/Cleanup. Property Maintenance is required pursuant to Chapter 8.36 (Property Maintenance).
11. 
Lighting. Lighting fixtures shall be installed to ensure user safety. Lighting fixtures shall be permanent and shall be consistent with Section 16.32.070.
12. 
Seating.
a. 
Seating (eating area) is required for food truck hubs, food truck plazas, and food truck park/commissary co-locations at the rate of three seats per motorized food wagon. Seating is not required for food truck pods.
b. 
Provided seating must be arranged or situated so that it does not create a hazard to pedestrians or encroach on a required building exit, vehicle travel lane, driveway, or any public street.
c. 
A minimum of four feet of clearance must be provided around any tree, newsstand, bike rack, planter, trash receptacle, etc.
d. 
Seating area must be maintained in a manner such that it does not create an unsightly appearance.
13. 
Restroom Facilities. All food truck parks and food truck park/commissary co-locations must provide permanent on-site restrooms for both the food truck park vendors and patrons.
a. 
A minimum of one restroom facility shall be provided which is ADA accessible for food truck parks up to 10 trucks.
b. 
At least one additional restroom facility shall be provided for food truck parks with 11 or more trucks.
c. 
Restrooms shall have, at a minimum, handwashing facilities with warm water (minimum 100°F), pump dispensed liquid hand soap and single-use towels in dispensers or other approved hand drying devices.
14. 
Pedestrian Protections.
a. 
Accessibility routes must be provided and maintained as required by the California Building Code.
b. 
Path of travel and seating/eating area requires permanent affixed pedestrian protections.
15. 
Alcohol Sales.
a. 
Alcohol sales shall not occur from motorized food wagons.
b. 
Food truck park or food truck park/commissary co-location owners/operators may apply for an on-sale alcoholic beverage sales establishment permit in accordance with Section 16.80.040.
16. 
Truck Storage. Motorized food wagons shall not be stored at the food truck park and must return to their commissary daily, with exception of the food truck park/commissary co-locations as defined in subsection F of this section.
17. 
Live Entertainment.
a. 
Live entertainment is allowed consistent with the live entertainment regulations consistent with Section 16.80.180.
b. 
A dedicated performance and viewing area are required for live entertainment.
18. 
Utilities.
a. 
Electric outlet hookups are required to be installed for each motorized food wagon parking space and must be used while the motorized food wagon is on the premises. No generators shall be utilized in the food truck park or food truck park/commissary co-location.
b. 
Permanent potable water hookup sources are required to be installed for each motorized food wagon parking space and must be used while the truck is on the premises. Potable water hookup is not required for food truck pods.
19. 
Noise. Food truck park and food truck park/commissary co-location noise shall comply with Chapter 16.60 (Noise Standards).
20. 
Signage. Food truck park and food truck park/commissary co-location signage shall comply with Chapter 16.76 (Sign Standards).
21. 
Operating Hours. Food truck park and food truck park/commissary co-location hours of operation shall not be earlier than 7:00 a.m., or later than 10:00 p.m.
22. 
Operator Responsibility for Motorized Food Wagon Compliance. The property owner or property owner's authorized agent is responsible to ensure that all motorized food wagons and vendors operating at the food truck park have obtained the necessary San Joaquin County Environmental Health Permit, and Stockton Business Licenses for the motorized food wagons and their staff.
D. 
Food Truck Parks (Occurring Three or Fewer Days Per Week) at a Set Location.
1. 
Location. Recurring food truck parks that are the primary use of a site shall comply with all the provisions of above standards (Section 16.80.380(C)). Recurring food truck parks that are located on a site where the food truck park is not the primary use of the site shall comply with the following provisions:
a. 
Siting.
i. 
Temporary fencing, bollards, or similar barriers shall be required to delineate the recurring food truck park site.
b. 
Landscaping. Landscaping may be installed but is not required.
c. 
Solid Waste. Dumpsters and trash enclosures may be provided but are not required.
d. 
Lighting. Temporary lighting may be provided in lieu of permanent lighting.
e. 
Utilities. If electric outlet hookups are not available, the use of generators is permissible.
f. 
Restrooms.
i. 
A minimum of one restroom providing hot water (100℉/ 37.7℃), which is also ADA accessible, shall be provided.
ii. 
Portable restroom facilities must be serviced during non-business hours.
g. 
Pedestrian Protections. Temporary pedestrian protections shall be provided.
h. 
Seating. Seating may be provided at the discretion of the operators.
i. 
Utility Hookups. Electric outlet hookups for temporary food truck parks are not required.
E. 
Temporary Food Park Truck Event (One-Time Event Occurring Seven or Less Days Per Calendar Year).
1. 
Temporary food park truck events must comply with all the provisions of the above standards (Section 16.80.380(D)).
2. 
A temporary food truck park event requires a temporary activity permit.
3. 
Restrooms.
a. 
A minimum of one restroom providing hot water (100℉/ 37.7℃), which is also ADA accessible, shall be provided.
b. 
Portable restroom facilities must be serviced during non-business hours.
F. 
Food Truck Park/Commissary Co-locations Permitting General Development Standards.
1. 
All food truck park/commissary co-locations shall provide commissary services (per Section 16.80.385) to motorized food wagons that permanently reside at the site. Non-resident motorized food wagons shall not receive commissary services from the food truck park/commissary co-location.
2. 
All food truck park/commissary co-locations shall be subject to all the provisions set forth in this Section 16.80.380 and Section 16.80.385, Commissary, with the exception outlined below.
a. 
Food Truck Park/Commissary Co-location Area Requirements.
i. 
Minimum gross area shall be 10,000 square feet.
ii. 
Minimum number of motorized food wagons serviced at the food truck park/commissary co-location shall be two.
b. 
Off-Street Parking Requirements. Off-street parking spaces shall be provided at a rate of five spaces per motorized food wagon, two for motorized food wagon workers and three for motorized food wagon patrons.
c. 
Hours of Operations. The food truck park/commissary co-location hours of operation shall not be earlier than 7:00 a.m., or later than 10:00 p.m.
d. 
Fencing. Perimeter fencing shall be installed and shall comply with Chapter 16.48 for the Stockton Municipal Code. Gates for motorized food wagons and for pedestrian access are required to be unlocked during operating hours.
3. 
In the event of conflicting regulations between the respective provisions of this Section 16.80.380 or Section 16.80.385, Commissary, the more restrictive of the two will take precedence as defined in Stockton Municipal Code Section 16.08.020(D)(3).
(Ord. 2023-04-18-1602 C.S. § 3)

§ 16.80.385 Commissary.

This section provides standards for development and operation of all commissaries on private property. All Commissaries shall be allowed in zoning districts identified in Table 2-2 of Section 16.20.020 and shall comply with the standards in this section as well as the standards as laid out in Chapters 16.24 and 16.28.
A. 
Purpose and Application. The general purpose of this section is to ensure the safe and sanitary operation of commissaries; to enforce rules consistent with the California Health and Safety Code and San Joaquin County Environmental Health Department; to establish rules and regulations for the use of private property to maintain and operate commissaries under which permits shall remain in compliance, be suspended, or revoked, and provide penalties for violations thereof. Compliance determination will encompass all the provisions set forth in this section, including, but not limited to, site plan, parking availability, traffic movement, aesthetics, zoning, setbacks, environmental requirements, and conformity with the City's General Plan.
B. 
General Commissary Operational Standards. The following provisions outline operational standards of a commissary.
1. 
Required Functions. A commissary shall meet all the applicable requirements as defined by the California Health and Safety Code and the San Joaquin County Environmental Health Department to accommodate all operations necessary to support motorized food wagons or mobile commissaries. Applicable requirements shall include, but are not limited to, the following:
a. 
Sanitary disposal of liquid wastewater (grease interceptors);
b. 
Proper handling and disposal of garbage and refuse (solid) waste (grease containers);
c. 
Permanent potable water sources (faucets) shall be installed per motorized food wagon parking spot;
d. 
Hot and cold water for cleaning;
e. 
A safe and secure space to store motorized food wagons, food, utensils, and supplies;
f. 
Servicing areas at commissaries shall be provided with overhead protection, except areas used only for the loading of water or the discharge of sewage and other liquid waste through the use of a closed system of hoses need not be provided with overhead protection;
g. 
Servicing area used for vehicle washing/cleaning shall be sloped and drained to an approved wastewater system (sand/oil separator);
h. 
Permanent electric power connections shall be installed per motorized food wagon parking spot;
i. 
Restrooms (minimum 100℉).
2. 
Optional Functions. A commissary may provide the following services to support motorized food wagons:
a. 
Refrigeration space;
b. 
Dry storage space;
c. 
Food service equipment repair maintenance;
d. 
Three compartment sink (required if food preparation space will be provided);
e. 
Propane (LP-Gas) services (the use and storage of LP-Gas is regulated pursuant to the California Fire Code (CFC), Chapter 61, and the National Fire Protection Association – Standard 58).
C. 
Commissary Permitting Requirements.
1. 
All commissaries shall comply with acceptable land use entitlement requirements outlined in this section.
a. 
The property line containing a commissary shall not be adjacent to residential zoning or located within 30 feet of a building containing a residential use.
2. 
All construction must comply with the current building code and follow the applicable building permit process.
3. 
All commissaries shall obtain all necessary approvals from the San Joaquin County Environmental Health Department.
4. 
All commissaries shall obtain the necessary City fire permits required for operation specified in California Fire Code, including, but not limited to, an operational fire permit.
5. 
No commissary shall be utilized for any other purpose than their intended use, with exception of the food truck park/commissary co-locations as defined in Section 16.80.380(F).
D. 
Commissary Development Standards. The following development standards apply to all commissaries.
1. 
Motorized Food Wagon Parking Area and Setback Requirements. Setback requirements for motorized food wagon parking are pursuant to California Fire Code, including, but not limited to, maintaining a 10-foot noncombustible space around motorized food wagons.
2. 
Commissary Area Requirements.
a. 
Minimum gross area shall be 10,000 square feet.
b. 
Minimum number of motorized food wagons serviced at the commissary shall be two.
3. 
Enclosed Use Requirements. Commissaries located in IL (industrial, limited) zoning district are pursuant to Section 16.24.130.
4. 
Surfacing. Parking spaces, driveways, maneuvering aisles and turnaround areas shall be paved in accordance with e Section 16.64.030(D).
5. 
Off-Street Parking Requirements.
a. 
Commissary off-street parking requirements shall comply with Chapter 16.64 (Off-Street Parking and Loading Standards).
i. 
Off street parking for Commissary Staff shall be provided at the minimum ratio of one parking space per 250 square feet of indoor gross floor area, with exception of a food truck park/Commissary co-location as defined in Section 16.80.380(F).
ii. 
Off street parking for motorized food wagon vendors shall be provided at the rate of two parking spaces per motorized food wagon, with exception of the food truck park/commissary co-locations as defined in Section 16.80.380(F).
(A) 
One parking space requirement may be met through the motorized food wagon parking space.
6. 
LP-Gas (Liquid Petroleum). The use and storage of LP-Gas is regulated pursuant to the California Fire Code (CFC), Chapter 61, and the National Fire Protection Association—Standard 58.
7. 
Fencing. Perimeter fencing shall be installed and shall comply with Chapter 16.48 of the Stockton Municipal Code. Gates for motorized food wagons and for pedestrian access are required to be unlocked during operating hours.
8. 
Access. Ingress and egress are required pursuant to Section 16.36.030. Adequate vehicular and pedestrian circulation is required.
9. 
Landscaping. Landscaping is required pursuant to Chapter 16.56 (Landscaping Standards) and Chapter 16.64 (Off-Street Parking and Loading Standards).
10. 
Solid Waste/Recyclable Materials Storage.
a. 
Solid waste/recyclable materials storage is pursuant to Section 16.36.130.
b. 
Size of the solid waste/recyclable storage shall be determined by Table 3-2 in Section 16.36.130, based upon the gross square footage of the commissary property.
11. 
Discharge of Wastewater, Gray Water and Fats, Oils, and Grease (FOG).
a. 
Commissaries and motorized food wagons are prohibited from draining or spilling of wastewater, gray water and/or fats, oils, and grease into the storm drain system or on the ground.
b. 
Discharge of fats, oils, and grease to the sanitary sewer is pursuant to Stockton Municipal Code Chapter 13.40.
c. 
Minimum Standards. A commissary shall meet the following requirements to accommodate the operational needs of motorized food wagons.
i. 
Installation of a grease interceptor with regular maintenance and pumping. Grease interceptor requirements are pursuant to Section 13.40.100.
ii. 
Yellow grease receptacles and routine hauling is required.
12. 
Property Maintenance/Cleanup. Property maintenance is required pursuant to Chapter 8.36 (Property Maintenance).
13. 
Lighting. Adequate lighting shall be installed to ensure user safety. Lighting fixtures shall be permanent and shall be consistent with Section 16.32.070.
14. 
Utilities. Permanent electric outlet hookups and potable water connections shall be installed for each motorized food wagon parking space.
15. 
Noise. Commissary noise shall comply with Chapter 16.60 (Noise Standards).
16. 
Signage. Commissary signage shall comply with Chapter 16.76 (Sign Standards) of this code.
(Ord. 2023-04-18-1602 C.S. § 4)

§ 16.80.390 Industrial warehouse standards.

This section establishes standards for logistics warehouses in zoning districts where they are allowed in compliance with the provisions of Division 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards).
A. 
Applicability. The standards will apply to the following applications:
1. 
To all logistics warehouses 400,000 square feet in size or greater. Logistics Warehouses are considered facilities used for the storage of farm products, furniture, household goods, or other commercial goods for distribution to wholesalers and/or retailers, including cold storage.
2. 
The standards provided in this section (SMC 16.80.390) shall not apply to any new building constructed on property that was incorporated into the City of Stockton prior to December 31, 2023.
B. 
Development Standards.
1. 
Site Plan Design. The following standards shall apply to all entitlement reviews (site plan), grading and improvement plans, and construction permit reviews associated with facilities subject to the Logistics Warehouse standards. A copy of these standards shall be included on the approved (issued) construction plan and kept on-site during all phases of construction.
a. 
Unless determined to be physically impossible, when adjacent to sensitive receptors, a loading dock door shall be oriented away from the sensitive receptor and located a distance of 300 feet from said receptor, unless the dock doors are utilized by zero emission trucks and equipment only. A sensitive receptor shall be defined as schools, health care facilities, libraries, churches, correctional facilities, parks/recreational facilities, in home daycare, health facilities (hospitals, long term care facilities, retirement, and nursing homes) or more than two directly contiguous residential units. The following may be included within the 300 feet distance: the building; auto parking; and other site design and use elements, including but not limited to, stormwater basins, employee gathering areas (daytime use), pedestrian and bicycle pathways, outdoor storage, and a drive aisle for auto, truck and emergency vehicle circulation around the building, provided the drive aisle is placed immediately adjacent to the building and not abutting a sensitive receptor.
b. 
A 20-foot landscaped planter (buffer) shall be installed along the property line adjacent to a sensitive receptor.
c. 
The buffer shall be landscaped and not be less than 50% of the total buffer size with two rows of 15-gallon trees planted along the length of the property line adjacent to the sensitive receptor.
d. 
The buffer landscape can include areas to be used for bioswales, retention/detention areas and/or other stormwater and water quality management areas in compliance with SMC Chapter 16.56 (Landscaping).
e. 
The buffer area shall include a minimum 10-foot solid decorative wall(s), or landscaped berm and wall, or landscaped berm adjacent to sensitive receptors unless a noise analysis indicates an alternative height is needed for sound attenuation.
f. 
All on- and off-site landscaping shall comply with SMC Chapter 16.56 (Landscaping).
g. 
All landscaping shall be drought tolerant and, to the extent feasible, comprised of species with low biogenic emissions. Palm trees shall not be utilized.
h. 
All landscaping areas shall be properly irrigated for the life of the facility to allow for plants and trees to maintain growth with no undue pruning.
i. 
Tree maintenance shall comply with SMC Chapter 16.56 as a certified Landscape Architect must prepare the Preliminary and Final Landscape plan and certify the planting is water efficient at the time of construction permit approval.
j. 
Trees shall be installed in automobile parking areas to provide at least 35% shade cover of passenger vehicular parking areas within 15 years. Trees shall be planted that can meet this requirement. The 35% shade created by trees amount can be substituted for solar canopy upon approval by the Director.
k. 
To facilitate the installation of future electric vehicle charging stations for light-heavy duty (LHD), medium-heavy duty (MHD), heavy-heavy duty (HHD) trucks, in connection with each individual development proposal, the subject building improvement plans shall identify an area for future LHD, MHD, HHD truck charging stations and the subject developer shall install conduit from the power source to the identified area.
l. 
Provide EV charging stations for automobiles per building code and provide conduit to a future designated area for Heavy Duty Turck Charging Facility.
m. 
All truck turning movements at entrances, exits, and street intersections shall be located on local industrial, collector or arterial streets and all vehicle entries shall be designed to prevent truck access to local and back-up residential collector streets.
n. 
All trucks and commercial vehicles serving the facility shall occur in compliance with the City of Stockton Truck Traffic Route Map in SMC Section 10.08.030 and Surface Transportation Assistance Act (STAA) Truck Route Map.
o. 
Off-street loading shall comply with Section 16.64.110 Off-street loading space standards and Section 16.36.030 to ensure driveway access and on-site circulation are designed and maintained to increase public safety and reduce congestion on public streets.
p. 
Signs shall be posted inside and outside of the building and facility indicating all off-site parking is prohibited for adjacent street that do not permit parking.
q. 
All truck driveway exits shall include signs directing truck drivers to the truck routes identified in the City of Stockton Truck Traffic Route Map and State Highway System designations.
r. 
Upon commencement of operations, the tenant/operator of the facility shall be required to restrict truck idling on site to a maximum of three minutes, subject to exceptions defined by CARB's commercial vehicle idling requirements.
2. 
Building Design. The following standards shall apply to all entitlement reviews (design review), grading and improvement plans, and construction permit reviews associated with facilities subject to the Logistics Warehouse standards. A copy of these standards shall be included on the approved (issued) construction plan and kept on-site during all phases of construction.
a. 
All qualifying facilities shall be constructed using "cool roof" materials with an aged reflectance and thermal emittance values that are equal to or greater than those specified in the current edition of the California (CAL) Green Building Tier 1 Standards.
b. 
Architectural and industrial coatings (e.g. paints) applied on the qualifying facility(ies) shall be consistent with the Volatile Organic Compound (VOC) content limits set by the San Joaquin Valley Air Pollution Control District (SJVAPCD) or the current edition of the California Green Building Standards Code (CALGreen), whichever is most restrictive. Developer or tenant is not required to exercise control over materials painted offsite.
c. 
Qualifying facilities shall be constructed in compliance with the most current edition of all adopted City building codes, including the adopted Green Building Standards Code. Prior to the issuance of building permits, the applicant/developer of the qualifying facility(ies) shall demonstrate (e.g., provide building plans) that the proposed buildings are designed and will be built.
d. 
Each developer of an individual specific development proposal shall prepare the subject building structures in such a way to accommodate future solar panels pursuant to applicable Building Code requirements.
e. 
The building permit application for qualifying facilities must demonstrate that sufficient power will be provided from clean energy sources for the operational base power use at the start of operations. Developers shall have the following options, or any combination of options, for procuring clean energy to meet operational base power needs for new building structures. Options may include: (1) installing solar panels on the subject building or building site; and/or (2) procuring 100% clean energy from AVA Community Energy; and/or (3) participating in California's Community Solar Program.
f. 
Operational base power is defined as the amount of power required to supply loads for all ordinary operational uses of the site. Loads for all ordinary operational uses of the site include, as non-exhaustive examples, loads for minimal heating for fire sprinklers, primary office space lighting, HVAC, warehouse power, warehouse lighting, site lighting, minimum power for dock positions (including chargers for yard equipment and any plug-ins for transport refrigeration units), and the amount of light-duty electric vehicle supply equipment required by CalGreen code. Loads for all ordinary operational uses of the site exclude, as non-exhaustive examples, loads for specialized equipment, non-standard automation or material handling systems, and chargers for heavy-duty trucks.
g. 
The office portion of a building's rooftop that is not covered with solar panels or other utilities shall be constructed with light colored roofing material with a solar reflective index of not less than 78.
h. 
Electrical Room Sizing. To ensure that warehouse electrical rooms are sufficiently sized to accommodate the potential need for additional electrical panels, either a secondary electrical room shall be provided in the building, or the primary electrical room shall be sized 25% larger than is required to satisfy the service requirements of the building or the electrical gear shall be installed with the initial construction with 25% excess demand capacity.
i. 
Warehouse Dock Seal Doors. Exterior loading dock doors that are adjacent to conditioned or indirectly conditioned spaces shall have dock seals or dock shelters installed at the time of permitting.
j. 
On-Site Equipment Infrastructure. Project should provide infrastructure to support charging of electric power on-site equipment.
k. 
Demonstration of compliance with the San Joaquin Valley Air Pollution Control District (SJVAPCD) Rule 9510 (Indirect Source Review) is required prior to obtaining any building permit for a qualifying facility.
l. 
Tenant/Operator of the qualifying facility(ies) shall enroll in the United States Environmental Protection Agency's SmartWay Program. Proof of enrollment shall be given to the Community Development Department prior to issuance of a Certificate of Occupancy of a Building Permit for the facility.
3. 
Construction Permit Approval. The following standards shall apply to all construction related activity associated with facilities subject to the Logistics Warehouse standards. A copy of these standards shall be included on the approved (issued) construction plan and kept on-site during all phases of construction.
a. 
Qualifying facilities shall comply with the San Joaquin Valley Air Pollution Control District (SJVAPCD) requirements prior to beginning construction.
b. 
All off-road construction equipment, with a power rating of less than 19 kilowatts (e.g., plate compactors, pressure washers, shall be electric-powered.
c. 
Subject to all other idling restrictions, off-road diesel-powered construction equipment shall not be left in the "on position" for more than 10 hours per day.
d. 
Temporary electrical hookups to all construction yards and associated work areas shall be required.
e. 
Temporary signage shall be posted in public view throughout the construction site indicating truck idling lasting more than five minutes is prohibited. The signs shall include contact information for the facility operator or designee responsible for receiving complaints (i.e. excessive dust, fumes, odors) for the site, and contact information for the San Joaquin Valley Air Pollution Control District's on-line complaint system and its complaint call-line for those interested in filing a complaint. Any complaints made to the facility operator's designee shall be answered within 72 hours of receipt.
f. 
The construction contractor(s) shall maintain on the construction site an inventory of construction equipment, maintenance records, and datasheets, including design specifications and emission control tier classifications.
g. 
The facilities shall require the construction contractor to establish one or more locations for food or catering truck service to construction workers and to cooperate with food service providers to provide consistent food service.
h. 
The facilities shall require the construction contractor to provide transit and ridesharing information for construction workers.
C. 
On-Going Operations: The following standards shall be implemented during all on-going business.
1. 
All forklifts, yard trucks, and other equipment used for on-site movement of trucks, trailers, and warehoused goods, as well as landscaping maintenance equipment used on the site, shall be electrically powered or zero-emission unless new technology is determined to be commercially unavailable.
2. 
Where transport by temperature-controlled trucks or trailers is proposed, on-site electrical hookups shall be provided at loading docks. Idling or use of auxiliary truck engine power to power climate-control equipment shall be prohibited.
3. 
Employers shall provide employees with transit route and schedule information on systems serving the facility area and coordinate ridesharing amongst employees.
4. 
Employers shall provide on-site locations for food or catering truck service and cooperate with food service providers to accommodate food service to operations employees.
5. 
All outdoor areas allowing smoking shall be located at least 25 feet from the nearest property line.
6. 
All trucks, supportive vehicles and equipment shall be kept on site in all loading, storage, and parking areas, and kept behind locked gates during nonbusiness hours.
7. 
Truck queuing, idling, or circling of vehicles, on public streets adjacent to the facility is prohibited.
8. 
Periodic yard and parking area sweeping shall be provided to minimize dust generation.
9. 
Diesel Generators are prohibited, except in emergency situations and during construction when establishing the facility's new electrical service connection. In those temporary cases, all generators shall have Best Available Control Technology (BACT) that meets CARB's Tier 4 emission standards.

§ 16.80.400 Supportive and transitional housing.

A. 
Supportive and Transitional Housing, Generally. Pursuant to California Government Code Section 65583(c)(3), transitional and supportive housing constitute a residential use and are subject only to those restrictions that apply to other residential uses of the same type in the same zoning district.
B. 
Supportive Housing, Up to 50 Units. Pursuant to California Government Code Section 65651, supportive housing development with up to 50 supportive housing units shall be permitted by right in all zones where multi-unit and mixed use residential development are permitted provided the development satisfies all of the following requirements:
1. 
All supportive housing units within the development are subject to a recorded affordability restriction for 55 years.
2. 
100% of the units, excluding managers' units, within the development are dedicated to lower income households and are receiving public funding to ensure affordability of the housing to lower income Californians. For purposes of this paragraph, "lower income households" has the same meaning as defined in Section 50079.5 of the California Health and Safety Code.
3. 
At least 25% of the units in the development or 12 units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. If the development consists of fewer than 12 units, then 100% of the units, excluding managers' units, in the development shall be restricted to residents in supportive housing.
4. 
The developer shall provide the information required by California Government Code Section 65652 to the Planning Division.
5. 
Nonresidential floor area shall be used for onsite supportive services in the following amounts:
a. 
For a development with 20 or fewer total units, at least 90 square feet shall be provided for onsite supportive services.
b. 
For a development with more than 20 units, at least three percent of the total nonresidential floor area shall be provided for onsite supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.
6. 
The developer replaces any dwelling units on the site of the supportive housing development in the manner provided in paragraph (3) of subdivision (c) of Section 65915 of the California Government Code.
7. 
Units within the development, excluding managers' units, include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.
8. 
Notwithstanding any other provision of this section to the contrary, the local government shall, at the request of the project owner, reduce the number of residents required to live in supportive housing if the project-based rental assistance or operating subsidy for a supportive housing project is terminated through no fault of the project owner, but only if all of the following conditions have been met:
a. 
The owner demonstrates that it has made good faith efforts to find other sources of financial support.
b. 
Any change in the number of supportive service units is restricted to the minimum necessary to maintain project's financial feasibility.
C. 
Any change to the occupancy of the supportive housing units is made in a manner that minimizes tenant disruption and only upon the vacancy of any supportive housing units.