Stockton City Zoning Code

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.

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.

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.

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.

The entrance and exit of vehicles to and from property served by a driveway shall be confined to the established driveway.

Driveways lacking standard curbs and gutters shall be subject to the requirements of Section 16.36.030(C)(4)(b) (Lack of standard curb).

Pipes or under walk drains of size and at grade required by the City Engineer shall be installed to maintain drainage.

Number of Driveways. Residential sites shall be allowed the following number of driveways, except as otherwise approved by the City Engineer:

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:

Distance from Street Intersections. Driveways to parking areas shall be located as follows:

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.

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).

Number of Driveways. Nonresidential sites on arterial or collector streets shall be allowed the following number of driveways:

Distance from Street Intersections. Nonresidential driveways to parking areas shall be located as follows:

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.

Width. The width of nonresidential driveways shall comply with the following:

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.

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.

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.

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:

Maintenance. Driveways shall be maintained in good condition by the property owner.

Screening. All containerized storage units shall be screened from public rights-of-way in compliance with Section 16.36.100 (Screening and buffering).

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).

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;

Any exterior alteration, expansion, construction, demolition, relocation, or removal of any designated historic landmark or structure of merit unless exempted below;

Any new construction within a historic preservation district or on the property of a landmark or structure of merit; and

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.

Exemptions. The requirement for a certificate of appropriateness shall not apply to the following:

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:

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.

Property Maintenance Standards. The property shall be maintained in compliance with Chapter 8.36, Property Maintenance, of the Municipal Code.

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.

Standards. The Board may make a determination of economic hardship if the property owner can demonstrate that one of the following standards apply:

Lack of Hardship. A determination of economic hardship shall not be based on, or include, any of the following circumstances:

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.

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.

Athletic Field Lights. Athletic field lights used within a City parks and private schools and universities.

Safety and Security Lighting. Safety and security lighting for public facilities.

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.

Seasonal Lighting. Seasonal lighting displays related to cultural or religious celebrations.

Garages/car ports whose entrance is from the alley shall be a minimum of 10 feet from the property line abutting the alley.

Residential. Habitable residential buildings adjacent to a railroad track shall be located a minimum of 85 feet from the outer rail of the track.

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.

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

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.

They may only be located:

Exterior storage area(s) shall not be located in a required:

In-Ground Swimming Pools and Spas. In-ground pools and spas shall be located a minimum of three feet from any property line.

Equipment. Pool and spa equipment, including pumps, shall be located a minimum of three feet from any property line unless the equipment is:

CD Zoning District, the Miracle Mile, and other areas determined by the Director and the City Engineer;

Public utility poles;

Trees trimmed (to the trunk) to a line at least six feet above the level of the intersection;

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;

Supporting members of appurtenances to permanent structures existing on the effective date of the ordinance codified in this Development Code; and

Official warning signs or signals.

Where lots have frontage on two or more streets, units shall have a principal entry on at least one street.

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.

A projection such as a canopy or overhang with a minimum depth of three feet and a minimum horizontal area of 30 square feet.

A recess a with a minimum depth of three feet and a minimum width of six feet.

A landing, deck, or stoop with a minimum four-foot by four-foot area.

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:

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.

The principal entrance shall lead to a common area a minimum of 10 feet in each dimension.

The principal entrance shall be emphasized utilizing at least one of the following methods:

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:

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.

The principal entrance shall be emphasized using at least one of the following methods:

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.

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.

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.

A change in facade materials, along with a change in plane at least four inches in depth at the transition between the two materials.

A horizontal design feature such as an awning, overhang, cornice line, water table, or belt course.

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.

Setting back the top floor or floors of the building at least five feet from the remainder of the facade.

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.

The proposed project or its location has certain characteristics with which providing the required windows and openings is incompatible; and

Street-facing building walls exhibit architectural relief and detail, and are enhanced with landscaping to create visual interest at the pedestrian level.

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.

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.

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.

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.

A change in facade materials, along with a change in plane at least one inch in depth at the transition between the two materials.

A horizontal design feature such as an awning, overhang, cornice line, water table, or belt course.

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.

Setting back the top floor or floors of the building at least five feet from the remainder of the façade.

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.

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:

Up to 25% reduction for all density bonus types (Section 16.40.040).

Up to 50% reduction for housing developments that demonstrate at least 25% of total units affordable to very-low/low income households.

Up to 75% reduction for housing developments that demonstrate at least 50% of total units affordable to very-low/low income households.

Up to 100% reduction for housing developments that demonstrate at least 75% of total units affordable to very-low/low income households.

Up to five percent increase for all density bonus types (Section 16.40.040).

Up to 10% increase for housing developments that demonstrate at least 25% of total units affordable to very-low/low income households.

Up to 15% increase for housing developments that demonstrate at least 50% of total units affordable to lower income households.

Up to 20% increase for housing developments that demonstrate at least 75% of total units affordable to very-low/low income households.

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.

Alternative Energy. 10 percent of total building energy load provided by solar panels or other on-site renewable sources, including co-generation: 15 pts.

Housing developments within the Downtown Core: 15 pts.

Housing developments within a disadvantaged community: 25 pts.

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.

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.

Include a table indicating the following:

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.

A density bonus agreement in accordance with Section 16.40.070.

Minor Facilities. The Director is the Review Authority for this facility type pursuant to Table 2-2 and Chapter 16.152.

Major Facilities. The Director is the Review Authority for this facility type pursuant to Table 2-2 and Chapter 16.168.

Encroachment Permit. The Director is the Review Authority for this facility type pursuant to Section 16.72.125

Master License Agreement. The City Manager is the Review Authority for all Master License Agreements for facilities on City-owned structures.

The application is not authorized to conduct business in the State of California.

The applicant is not in full compliance with the requirements of this chapter.

The applicant has not paid the City fees imposed by this chapter for the application.

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.

Private Property. Wireless communication facilities located on private property, the following standards shall apply:

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.

Minor Facilities. These facilities are subject to Site Plan Review, which upon issuance, are not subject to appeal pursuant to Section 16.84.020.

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.

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;

The diameter of the ground-mounted antenna (dish) shall not exceed 10 feet;

The height of the antennas shall not exceed 20 feet at the highest point of the antenna;

Antennas shall not project or overhang into areas in which antennas are not allowed to locate;

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.

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

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).

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.

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).

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.

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.

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.

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.

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.

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.

Marinas;

Construction, farm and heavy equipment sales;

Personal storage facilities; and

Minor communication facilities.

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.

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.")

Building Permit. A building permit in compliance with Title 15, Buildings and Construction.

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.

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.

Height. Electrified fencing shall not have a height in excess of 10 feet.

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.

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.

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.

Density. Density may be reduced or increased at the discretion of the Director only under the following circumstances:

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:

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:

Driveways. Residential driveways shall be subject to the following:

Management/Maintenance Agreement. A management/maintenance agreement shall be required for all multi-unit projects.

A 30% increase may be approved by the Director.

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).

Accessory Structures. Accessory structures shall be in compliance with Section 16.36.035 (Accessory structures).

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:

Accessory Structures. The height of an accessory structure shall be in compliance with Section 16.36.035 (Accessory structures).

Existing physical constraints on the site limit the amount of parking that can be provided; and

The granting of the waiver would further revitalization of the area.

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

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.

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.

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.

Tandem parking is allowed for up to 50 percent of provided spaces.

Shared parking agreements are encouraged for adaptive reuse projects and subject to approval by the Director.

Any reductions in required parking shall be approved by the Director.

Tenant improvements;

Maintenance, repair, and/or replacement of building elements;

Electronic security systems;

Fire and life safety devices and/or systems;

Emergency or hazardous conditions which must be corrected in the interest of public health, safety, and welfare; and

Other conditions which the Director determines to be immaterial.

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.

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.

A stationary emergency generator shall be located in conformance with Table 3-13.

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.

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.

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.