Stockton, CA Zoning Ordinance

Industrial;

Institutional;

Parks/open space;

High-density residential; or

vi.

Low- and medium-density residential.

The property should be considered for annexation in the following order of preference:

Nonagricultural land (non-prime land which is not under agricultural use);

Non-prime agricultural land under agricultural use;

Agricultural land of Statewide importance; or

Prime agricultural land.

Fiscal Impact Analysis. A fiscal impact analysis shall be required for all projects except:

Projects of less than 100 acres; and

Low- and very-low income housing projects.

Tentative Maps. A tentative map approved on property located in the County shall be subject to annexation within two years of approval or the map shall no longer be valid.

(Prior code § 16-720.060; Ord. 023-07 C.S. § 129)

§ 16.216.070 Annexation process.

If the City initiates the annexation proceedings with LAFCO, the following process shall be followed in order to secure annexation to the City:

Submittal. Annexation requests shall be submitted to the Director with the appropriate documentation required in the annexation packet, including a petition signed by the property owner(s), a signed annexation memorandum of understanding (MOU), and applicable fees;

Concurrent Applications. Where possible, annexation requests shall be processed concurrently with project applications;

Prezoning. The property subject to the annexation shall be prezoned before the annexation;

City Services Plan and Cost/Benefit Analysis. A City services plan and a cost/benefit analysis shall be prepared by staff or an independent contractor;

Agricultural Conversion Statement. If applicable, an agricultural conversion statement, including a vacant residential land inventory and build-out rate, shall be prepared by staff or an independent contractor;

Environmental Consideration. The annexation request shall be subject to the requirements of CEQA;

Development Review Committee (DRC). The DRC shall:

Evaluate:

The City services plan and the cost/benefit analysis, and

The annexation proposal, and

Forward a written recommendation to the City Council;

Council. The Council shall determine whether the City should file the annexation request with LAFCO.

Council Resolution. To file the annexation request, the Council shall approve a resolution authorizing the filing of an annexation,

Findings. The Council, in adopting the resolution to file the annexation, shall make all of the following findings of fact:

The unincorporated property is within, or will be within, the urban services area of the City,

The property has been prezoned with City of Stockton zoning designations,

The proposal is contiguous to existing City limits,

The proposal does not split lines of assessment or ownership,

The proposal does not create islands or areas in which it would be difficult to provide City services, and

The proposal is consistent with the land uses, objectives, policies, and programs of the General Plan; any applicable specific plan, precise road plan, or master development Plan; and other adopted goals and policies of the City;

Submittal to LAFCO. Upon Council approval to file, the Director shall file the annexation proposal with LAFCO, including the justification of proposal, the Council's resolution, the City services plan, environmental documents, legal description, and map;

Public Hearings. Public hearings before LAFCO shall be conducted in compliance with State law (Government Code Section 57000 et seq.);

Notifications. After an annexation is ordered, notifications of the annexation shall be sent to all affected property owners and appropriate departments and agencies.

(Prior code § 16-720.070; Ord. 2020-06-09-1501 C.S. § 34)

§ 16.216.080 Detachment and reorganization process.

If the City initiates a detachment and/or reorganization proceeding separate from an annexation request with LAFCO, the same procedure as that for annexation shall be followed, except that the Council shall first make all the following findings of fact in a positive manner:

The proposal is contiguous to existing County boundaries or other jurisdiction(s) party to the detachment or reorganization;

The County Surveyor has determined that the boundaries of the proposal are definite and certain;

The proposal does not split lines of assessment or ownership;

The proposal does not create islands or areas in which it would be difficult to provide appropriate services; and

The proposal is consistent with the land uses, objectives, policies, and programs of the General Plan, any applicable specific plan or master development plan, and other adopted goals and policies of the City and other applicable jurisdiction(s).

(Prior code § 16-720.080)

§ 16.220.010 Purpose of chapter.

This chapter is intended to:

Appreciate the City's Past. Encourage public knowledge, understanding, and appreciation of, and a sense of identity with, the City's past;

Enhance Historic Sites. Designate, enhance, perpetuate, preserve, protect, and restore those historic districts, neighborhoods, sites, structures, and zones, which contribute to the cultural and aesthetic benefit of the City;

Encourage Utilization of Structures. Promote and encourage continued existing private ownership and utilization of structures to the extent that the objectives listed above can be attained;

Foster Pride. Foster civic and neighborhood pride in the beauty and accomplishments of the past;

Maintain Style and Character. Maintain the style and character of structures and neighborhoods;

Preserve Architectural Styles. Preserve diverse architectural styles and design reflecting phases of the City's history, and encourage complementary contemporary design and construction;

Protect Against Adverse Effects. Protect structures, improvements, natural features, objects, and areas of architectural, cultural, economic, historic, and social importance from any alteration, demolition, or removal which could result in an adverse effect on the resource being protected; and

Stabilize Values. Stabilize and improve the economic value of historic districts, neighborhoods, sites, structures, and zones.

(Prior code § 16-730.010)

§ 16.220.020 Council findings.

The Council finds that:

Endowed With Important Sites and Structures. The City is endowed with numerous important sites and structures of architectural, cultural, and/or historical interest or value, which are occasionally threatened by destruction;

Many Already Destroyed. Many important sites and/or structures have already been destroyed or impaired;

Feasible to Preserve. It is feasible, economically and in other ways, to preserve, and/or restore and promote many structures which exemplify or embody an architectural style, or the cultural heritage or history of this City, the State, or the Nation; and

Public Interest. The preservation of the remaining sites and structures is in the public interest and would promote the health, safety, and general welfare of the City.

(Prior code § 16-730.020)

§ 16.220.030 Review Authority.

The review authorities for the Certificate of Appropriateness and Cultural Resource designations and their role for each are listed in Tables 7-2 as follows:

TABLE 7-2 CULTURAL RESOURCE REVIEW AUTHORITIES
	Board	Director	Commission	Council
Certificates of Appropriateness	Recommendation	Decision	Appeal	Appeal
Landmarks	Recommendation	——	Recommendation	Decision
Historic Preservation Districts	Recommendation	——	Recommendation	Decision
Historic Sites	Recommendation	——	Recommendation	Decision
Structures of Merit	Decision	——	Appeal	Appeal

(Prior code § 16-730.030; Ord. 2019-06-18-1503 C.S. § 2)

§ 16.220.040 Cultural Heritage Board.

Membership. The Cultural Heritage Board (referred to in this Development Code as the Board) shall be comprised of nine members selected and appointed by the Commission with the approval of the Council.

Composition. To the maximum extent possible, the Board shall have at least one member from each of the following categories:

One member having extensive real estate experience in the City;

One member having extensive experience in the construction industry;

One member being an architect licensed by the State;

One member being a historian;

One member being a professional archaeologist; and

One member being a resident of the City for over 40 years.

Term of Office. The term of office for each member shall be four years with the term expiring on October 31st of the fourth year, or until the new members have been appointed, whichever occurs last. Vacancies occurring during a term shall be filled for the unexpired period of the term in the same manner as the original appointment. Terms shall be staggered to ensure continuity.

City Residency Required. Board members shall be residents of the City at the time of application for appointment and during their full term in office. Failure to reside within the City shall result in automatic forfeiture of appointment. Written notice of any change of residence shall immediately be filed with the Department with notice to the City Clerk. Any unexpired term shall be filled in compliance with this section.

Officer or Employee of the City Prohibited. A member shall not be:

An elected official or an employee of the City; or

Disqualified due to membership on or employment by any other agency, authority, board, or commission of, or created by or for, the City.

Resignation From Office. The resignation of a member shall require the submittal of a signed resignation letter to the Board. A copy of the resignation letter shall be sent to the City Clerk.

Removal From Office. A member may be removed from office for cause after a hearing and an affirmative vote of the Commission subject to approval by the Council.

Conflict of Interest. A member shall not knowingly acquire any interest in any property, which is the subject of any action or appeal before the Board. A member having any interest in the property shall make immediate disclosure of the fact of an interest and shall be disqualified from all deliberations by the Board relating to that property.

Compensation. Any compensation to members shall be established by resolution of the Council.

Meetings. The time, place, and frequency of its meetings shall be fixed by the Board.

Chairperson and Vice Chairperson. The Board shall elect a chairperson and vice chairperson from among its members. The term of office of the chairperson and vice chairperson shall be for 12 months, or its balance should they be elected to fill a vacancy.

Quorum. A majority of the total number of members appointed to the Board shall constitute a quorum at any regular or special meeting of the Board.

Votes to Transact Business. A minimum of five concurring votes shall be required in order to transact business or decide any matter before the Board. An appeal, petition, request, or other matter shall be deemed disapproved absent the required number of votes.

Powers and Duties. The Board shall have the following powers and duties:

Recommend for Approval. Recommend for approval to the Commission and the Council areas, sites, and structures including single sites or structures, portions of structures, groups of structures, man-made or natural landscape elements, works of art, or integrated combinations, having a special character, or special aesthetic, architectural, or historical interest as:

A Landmark in compliance with Section 16.220.070 (Landmarks);

A Historic Site in compliance with Section 16.220.090 (Historic sites); or

A Historic Preservation District constituting a specific designated section of the City in compliance with Section 16.220.080 (Historic preservation district).

Certificates of Appropriateness. Review and recommend to the Director, applications for certificates of appropriateness for the exterior alteration, construction, and/or demolition of Landmark sites and structures, and sites and structures in historic preservation districts in compliance with Section 16.220.060 (Certificates of appropriateness).

Structures of Merit. Designate Structures of Merit in compliance with Section 16.220.100 (Structures of Merit).

Consult With Other Groups. Consult with and consider the ideas and recommendations of civic groups, public agencies, and citizens interested in cultural preservation, including the appointment of a Historic District Advisory Committee.

View Project Sites. View areas, sites, and structures which it has reason to believe are worthy of preservation.

Disseminate Information. Disseminate information to the public concerning those areas, sites, and structures deemed worthy of preservation, and encourage and advise property owners and members of the community generally in the enhancement, perpetuation, protection, and use of landmarks, historic sites, property in historic preservation districts, and other officially recognized structures of merit.

Methods of Preservation. Consider and implement methods consistent with this chapter for achieving and encouraging architectural or historical preservation.

Review Landmarks, Historic Sites, and Historic Preservation Districts. Periodically review landmarks, historic sites, and historic preservation districts to promote the adherence to the intent of the designation.

Historic District Advisory Committee. Establish an advisory committee for any historic preservation district, as deemed appropriate, in compliance with Section 16.220.050 (Historic District Advisory Committee).

City Furnished Assistance. The City shall furnish to the Board adequate secretarial and executive assistance, meeting space, and upon the Board's request, the services and advice of other departments of the City.

(Prior code § 16-730.040)

§ 16.220.050 Historic District Advisory Committee.

Membership and Operating Rules. The Board may establish a Historic District Advisory Committee (referred to in this Development Code as the Committee) in a Historic Preservation District. The continued existence of the Committee, and the number of committee members, as well as special qualifications, shall be determined in each instance by the Board and may be tailored to meet the needs of the District, except that:

An elected or appointed official of the City may not be a member of the Committee;

The Committee shall have a minimum of three members;

The term of office for each member shall be 12 months; members may serve unlimited consecutive terms;

Membership shall be composed of at least two-thirds residents, tenants, and property owners in the district, with one-third open to other interested persons living within the City; and

Members shall serve without compensation.

Advisory Capacity Only.

The Committee shall act solely in an advisory capacity to the Board in matters affecting the establishment or maintenance of a historic preservation district, including architectural review, review of public improvements, and liaison between the Board and the residents, tenants, and property owners of the district.

Committees formed in compliance with this section shall not exercise any decision-making authority or expend City funds. Actions of a Committee shall not be considered City actions, and shall not be represented as City actions.

(Prior code § 16-730.050)

§ 16.220.060 Certificates of appropriateness.

Applicability.

Certificate of Appropriateness Required. Except for exemptions listed below, a certificate of appropriateness shall be required for the following:

Any exterior alteration, expansion, demolition, relocation, or removal of any artifact, natural feature, site, or structure within a historic preservation district;

Any exterior alteration, expansion, construction, demolition, relocation, or removal of any designated historic landmark;

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

Any removal, alteration, expansion, or addition of lights, signs, landscaping, street trees, or other frontage improvements in a historic preservation district or property of a landmark.

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

Interior changes to a structure;

Minor changes, including:

Landscaping which does not alter the style of the site or structure or adversely impact the general architectural and/or cultural features of the property,

Electronic security systems,

Interior fire and life safety devices and/or systems, and

Application of same, similar or different 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). This provision does not apply to historic landmarks, and

Other conditions the Director determines to be minor;

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.

Environmental Compliance. A certificate of appropriateness shall be subject to the requirements of CEQA and the City's CEQA Guidelines.

Requirement for Certificate of Appropriateness. A certificate of appropriateness shall be required:

In Addition to Other Permits. In addition to any other permits required by this Development Code or the Municipal Code; and

Before Issuance of Other Permits. Before issuance of any other permit to alter, demolish, or remove in any way the architectural features or appearance of the resource.

Application Filing, Processing, and Review.

Filing.

An application for a certificate of appropriateness shall be completed and filed, with any applicable fee, with the Department.

Applications shall include plans, specifications, and photographs, as required on the application, showing the proposed change in architectural appearance, texture of materials, and the proposed architectural design of the structure.

Applications for certificates of appropriateness may propose discreet alterations of a cultural resource or may propose a long-term plan of rehabilitation and preservation of a particular resource.

It is the responsibility of the applicant to provide evidence in support of the findings required by subsection G of this section (Findings and decision).

Application Review Procedures.

Each application shall be reviewed by the Director to ensure that the application is consistent with the purpose and intent of this chapter.

The Director shall transmit the application and plans to the Board for evaluation and written recommendation.

Noticing for Certificate of Appropriateness—Not Required. A public notice or hearing shall not be required for the Review Authority's action on a certificate of appropriateness.

Board Review. The Cultural Heritage Board shall review the application and plans based on appropriate considerations, which include the following:

Architectural design and style;

Texture and surface materials;

Appurtenant fixtures, fences, signs, and steps;

Major landscaping, alterations, additions, and/or removals;

Site development and placement of structures;

Height and bulk of structures;

Parking provisions;

Public areas including fixtures, signs, street furniture, and trees; and

Relation of the proposed work to the surrounding neighborhood.

Conditions of Approval.

In approving a certificate of appropriateness, the Review Authority may impose specific conditions as it finds are reasonable and necessary to ensure that the approval would be in compliance with the findings required by subsection G of this section (Findings and decision), and to carry out the purpose and requirements of this chapter, the respective zoning district, and any applicable overlay zone.

The conditions shall run with the land.

Recommendation and Decision. Within 45 days of the application and plans being deemed complete, the Board shall recommend that the Director, either approve or disapprove the application, in whole or in part. An extension may be granted at the written request of the applicant. The Board's recommendation shall include findings of fact relating to the criteria for obtaining the certificate, in compliance with subsection G of this section (Findings and decision).

Findings and Decision. The Board and applicable Review Authority shall enter the decision in writing with the findings of fact on which the decision is based. The certificates of appropriateness shall be approved, with or without conditions, only if all of the following findings of fact can be made. The issuance of the certificates of appropriateness would:

Designate, enhance, preserve, protect, restore, and perpetuate those historic districts, neighborhoods, sites, structures, and zones, which contribute to the aesthetic and cultural benefit of the City;

Encourage public appreciation, knowledge, and understanding of, and a sense of identity with, the City's past;

Foster civic and neighborhood pride in the accomplishments and beauty of the past;

Stabilize and improve the economic value of historic districts, neighborhoods, sites, structures, and zones;

Help preserve the diverse architectural design and styles that reflect phases of the City's history, and encourage complementary design and construction; and

Promote and encourage continued private ownership and utilization of structures currently owned and used.

Notice of Issuance. The Director shall send notice of the issuance of the certificate to the following:

The applicant;

The Board;

The respective Historic District Advisory Committee, if applicable; and

Affected City departments.

Post Approval Procedures.

Applicable Procedures. Unless otherwise stated below, the requirements for the use of property, issuance of a business license or certificate of occupancy, and performance guarantees following approval of a certificate of appropriateness shall be in compliance with Chapter 16.92 (Implementation Procedures, Conditions, and Requirements). In addition, the following procedures may apply after approval of a certificate of appropriateness:

Appeals in compliance with Chapter 16.100 (Appeals);

Changes to the project in compliance with Chapter 16.104 (Changes to an Approved Project); and

Revocation/modification in compliance with Chapter 16.108 (Revocation and Modification).

Expiration/Extension. To ensure continued compliance with the provisions of this chapter, each approved certificate of appropriateness shall expire 12 months from the date on which final action was taken to approve the application, unless otherwise identified in the certificate, if the alteration, construction, demolition, relocation, or removal has not been initiated. Time extensions may be granted in compliance with Chapter 16.96 (Expiration and Extensions).

(Prior code § 16-730.060; Ord. 2020-06-09-1501 C.S. § 35)

§ 16.220.070 Landmarks.

Criteria for Designation of Landmarks. In considering an artifact, natural feature, or structure for designation as a landmark, the Board shall apply any or all of the following criteria:

Archaeological Interest. Its potential for yielding significant information of archaeological interest;

Architectural Craftsmanship. Its embodiment of elements demonstrating outstanding attention to architectural and/or engineering craftsmanship, design, detail, or materials;

Architectural Style. Its exemplification of a particular architectural style or way of life important to the City, the State, or the Nation;

Architectural Type. Its exemplification of the best remaining architectural type in the City;

Historic Event. Its location as a site of a significant historic event;

Heritage. Its character, interest, or value as a significant part of the heritage of the City, the State, or the Nation;

Visual Feature. Its unique location or singular physical characteristic representing an established and familiar visual feature of the City;

Relationship to Another Landmark. Its relationship to any other landmark, if its preservation is essential to the integrity of that landmark;

Significant Person. Its identification with a person(s) who significantly contributed to the culture and development of the City, the State, or the Nation;

10.

Work of a Significant Person. Its identification as the creation, design, or work of a person(s) whose effort has significantly influenced the heritage of the City, the State, or the Nation; or

11.

Natural Environment. Its integrity as a natural environment that strongly contributes to the well-being of the people of the City, the State, or the Nation.

Procedures for Designation of Landmarks.

Initiation. Upon its own initiative, or upon an application filed with the Department by any person or entity, the Board may recommend to the Commission the designation as a landmark for any artifact, natural feature, or structure having aesthetic, archaeological, architectural, cultural, or historic significance.

Environmental Compliance. A landmark designation shall be subject to the requirements of CEQA and the City's CEQA Guidelines.

Procedure. The procedure for designation of a landmark shall be as follows:

Filing. The applicant shall file an application with the Department on a form provided for that purpose, and accompanied by any applicable fee in compliance with the Council's fee resolution.

Board's Recommendation. The Director shall transmit the application to the Board for review and evaluation.

The Board shall view any structure in the City nominated for landmark designation.

The Board may adopt a resolution recommending that the artifact, natural feature, or structure be designated as a landmark. The recommendation shall contain a brief description of the artifact, natural feature, or structure and a written finding that the artifact, natural feature, or structure for designation as a Landmark meets one or more of the criteria identified in Section 16.220.080(A) (Criteria for designation of historic preservation districts).

The Board shall transmit to the Commission its written recommendation for designation of a landmark.

Commission's Action. The Commission shall conduct a public hearing in compliance with Chapter 16.88 (Review Procedures) for action in which the Council is the Review Authority:

Notice of the time, place, and purpose of the hearing shall be given not less than 10 days before the date of the hearing by publication in a newspaper of general circulation in the City and by mailing to the owner(s) of the subject property by certified mail, in compliance with Chapter 16.88 (Review Procedures).

After the hearing is conducted, the Commission shall:

Recommend to the Council that the structure be designated as a landmark. The recommendation shall be by a majority vote of the Commission membership and shall be supported by a written finding that the artifact, natural feature, or structure for designation as a landmark meets one or more of the criteria identified in subsection A of this section (Criteria for designation of landmarks); or

Disapprove the application, which action is final unless appealed to the Council in compliance with Chapter 16.100 (Appeals).

If the Commission fails to reach a decision within 50 days after the close of the public hearing, the application shall be sent to the Council with a recommendation that the structure be designated as a landmark.

Appeal. The applicant or any person or entity dissatisfied with any action of the Commission may appeal to the Council in compliance with Chapter 16.100(Appeals). It shall take four concurring votes of the Council to overrule or modify the decision of the Commission.

Council's Action. After receipt of a recommendation for designation from the Commission, the Council may designate any property as a landmark by adopting a resolution of designation in compliance with Chapter 16.88 (Review Procedures) for actions in which the Council is the Review Authority. The resolution shall be supported by a written finding that the artifact, natural feature, or structure for designation as a landmark meets one or more of the criteria identified in subsection A of this section (Criteria for designation of landmarks).

Recordation. Upon designation as a landmark, the City Clerk shall record the resolution on the parcel in the County Recorder's office. The resolution shall include the legal description of the parcel and the name(s) of the property owner(s).

National Register and California Register Designation. If an artifact, object, natural feature, structure, or site is placed on the National Register of Historic Places or the California Register of Historical Resources, the Board shall initiate the designation of that artifact, object, natural feature, structure, or site as a landmark, in compliance with this section.

Certificate of Appropriateness. A certificate of appropriateness in compliance with Section 16.220.060 (Certificate of appropriateness) shall be required for landmarks.

(Prior code § 16-730.070; Ord. 2018-01-23-1503 § V)

§ 16.220.080 Historic preservation district.

Criteria for Designation of Historic Preservation Districts. In considering the artifacts, natural features, sites, or structures within an area for designation as a Historic Preservation District, the Board shall apply any or all of the following criteria. The artifact, natural feature, site, or structure:

Has substantial value as part of the development, cultural, or heritage characteristics of, or is associated with, the life of a person(s) important in the history of the City, the State, or the Nation;

Is associated with an event that has made a substantial contribution to the broad patterns of our history;

Is constructed in a distinctive architectural style characteristic of an era of history;

Is the work of an architect or designer who has substantially influenced the development of the City, the State, or the Nation;

Is part of, or related to, a park, square, or other distinctive area and should be developed or preserved in compliance with a plan based on an aesthetic, architectural, cultural, or historic motif;

Contains elements of craftsmanship, design, detail, or materials, which represent an important innovation;

Embodies distinguishing characteristics of an architectural style or engineering specimen;

Owing to its unique location or singular physical characteristic, represents an established feature of the neighborhood, community, or City; or

Would help preserve and protect a historic area or place of historic interest in the City, by retaining the structure.

Procedures for Designation of Historic Preservation Districts.

Initiation. Proceedings to establish, change boundaries of, or repeal a historic preservation district may be initiated by the Council, Commission, or Board, or by the filing of an application by any person or entity.

Environmental Consideration. The establishment, change in boundaries, or repeal of a historic preservation district shall be subject to the requirements of CEQA and the City's CEQA Guidelines.

Application. The application shall be filed with the Department, on a form prescribed for that purpose, and accompanied by any applicable fee in compliance with the Council's fee resolution.

Board. Upon receipt of the application, a copy shall be submitted to the Board for review and evaluation.

Survey Required. As a part of the evaluation of an application for establishment or change of boundaries of a historic preservation district, the Board shall coordinate an architectural/historical survey of the involved area, including significant artifacts, natural features, sites, or structures, unless a recent survey has been conducted.

Minimum of 50 Years. For purposes of the architectural/historical survey, artifacts, natural features, sites, or structures, unless of exceptional importance, shall be at least 50 years of age to be considered historic.

Finding of Significance. The architectural/historical survey shall also include a factual statement, supporting or opposing a finding that at least 30 percent of the artifacts, natural features, sites, and structures, not including accessory uses, within the involved area are significant. To be significant the artifact, natural feature, site, or structure shall meet one or more of the criteria identified in subsection A of this section (Criteria for designation of historic preservation districts).

Boundaries.

Appropriateness of Boundaries. The Board shall consider and comment upon the appropriateness of the boundaries of the proposed, or changes to the existing, historic preservation district.

Frequency of Change. Once established, the boundaries of a historic preservation district shall not be changed more frequently than once every 12 months.

Resubmittal. An application for a boundary change previously disapproved shall not be resubmitted within 12 months of its disapproval.

Consultation With Property Owners.

The Board shall conduct one or more meetings with owners and residents of the area proposed for designation as a historic preservation district to acquaint them with the benefits and restrictions, which would result from the designation.

The Commission shall be notified of the meeting(s) and may send representatives to participate.

A report of the meeting stating the pros and the cons of the designation shall be prepared by the Board and shall be submitted to the Commission along with the architectural/historical survey.

Board's Recommendation. The Board may recommend the approval of the establishment, change in boundaries, or repeal of a historic preservation district only upon:

A two-thirds vote of the appointed membership; and

A written finding that:

At least 30 percent of the artifacts, natural features, sites, and structures, not including accessory uses, within the involved area, or the area as a whole meet one or more of the criteria identified in subsection A of this section (Criteria for designation of historic preservation districts), for establishment or change in the boundaries of a historic preservation district; or

The historic preservation district no longer meets the criteria identified in subsection A of this section (Criteria for designation of historic preservation districts), for the repeal of a historic preservation district.

Commission's Action.

Upon recommendation of the Board, the application, architectural/historical survey, and comments, regarding the proposed establishment, change in boundaries, or repeal of the historic preservation district shall be transmitted to the Commission for consideration.

The Commission shall conduct a public hearing upon any recommendation of the Board for the designation, change in boundaries, or repeal of a historic preservation district.

Notice of the hearing shall be mailed at least 10 days before the hearing to the owners of properties located within the proposed historic preservation district and all persons owning property within 300 feet of the proposed historic preservation district in compliance with Chapter 16.88 (Review Procedures) for actions in which the Council is the final authority.

The Commission, in its deliberations, shall carefully consider the survey and factual statements of the Board.

After the hearing is conducted, the Commission may recommend to the Council that the area or site be established, changed, or repealed. A determination to recommend approval by the Council to establish, change the boundaries of, or repeal a historic preservation district shall be by a majority vote of the Commission membership and shall be supported by a written finding:

To Establish or Change the Boundaries. At least 30 percent of the artifacts, natural features, sites, and structures, not including accessory uses, within the involved area, or the area as a whole, meets one or more of the criteria identified in subsection A of this section (Criteria for designation of historic preservation districts); or

To Repeal. The historic preservation district no longer meets the criteria identified in subsection A of this section (Criteria for designation of historic preservation districts).

Upon close of the public hearing, if the Commission fails to reach a decision within 50 days, the application shall be sent to the Council with a recommendation to approve the application.

The applicant or any person or entity dissatisfied with any action of the Commission may appeal to the Council in compliance with Chapter 16.100 (Appeals).

Council's Action.

Upon the recommendation of the Commission for the processing of an application for, or the initiation of, the establishment, change in boundaries, or repeal of a historic preservation district, the Council shall hold a public hearing in compliance with Chapter 16.88 (Review Procedures) for actions in which the Council is the final authority.

The City Clerk shall give notice of the time, place, and purpose of the hearing at least 10 days before the date of the hearing by publication at least once in a newspaper of general circulation within the City and by mailing the notice to any applicant involved, to the owner(s) of record of any property which is the subject of the application, and to all property owners living within 300 feet of the proposed designation area, in compliance with Chapter 16.88 (Review Procedures).

After the public hearing, the Council may, by resolution, establish, change the boundaries of, or repeal a historic preservation district as recommended by the Commission and shall be supported by a written finding:

To Repeal. The historic preservation district no longer meets the criteria identified in subsection A of this section (Criteria for designation of historic preservation districts).

The concurring votes of four Council members shall be required to overrule or modify the recommendation of the Commission.

Recordation of Resolution. Upon designation, change in boundaries, or repeal of a historic preservation district, the City Clerk shall record the resolution on the parcel in the County Recorder's office.

Certificate of Appropriateness. A certificate of appropriateness in compliance with 16.220.060 (Certificate of Appropriateness) shall be required for property within a historic preservation district.

(Prior code § 16-730.080; Ord. 2018-01-23-1503 § VI)

§ 16.220.090 Historic sites.

Criteria for Designation of Historic Sites. In considering an area, neighborhood, property, or site for designation as a historic site, the Board shall apply any or all of the following criteria:

Archaeological Interest. Its potential for yielding significant information of archaeological interest;

Heritage. Its character, interest, or value as a significant part of the heritage of the City, the State, or the Nation;

Visual Feature of the City. Its unique location or singular physical characteristic representing an established and familiar visual feature of the City;

Way of Life. Its exemplification of a particular way of life important to the City, the State, or the Nation;

Historic Event. Its location as a site of a significant historic event regardless of its current configuration, development, or use;

Significant Person. Its identification with a person(s) who significantly contributed to the culture and development of the City, the State, or the Nation; or

Significant Person of a Specific National Origin. Its identification with a person(s) representative of a specific national origin who have contributed to the culture and development of the City, the State, or the Nation.

Procedures for Designation of Historic Sites.

Initiation. Proceedings to designate a historic site may be initiated by the Board or by the filing of an application by any person or entity.

Environmental Compliance. A historic site designation shall be subject to the requirements of CEQA and the City's CEQA Guidelines.

Application. The application shall be filed with the Department, on a form prescribed for that purpose, and accompanied by any applicable fee in compliance with the Council's fee resolution.

Board's Recommendation. Upon receipt of the application, a copy shall be submitted to the Board for review and evaluation.

The Board shall view any area, neighborhood, property, or site in the City nominated for a historic site designation.

The Board may adopt a resolution recommending that the property be designated a historic site. The recommendation shall contain a brief description of the site and a written finding that the area, neighborhood, property, or site for designation as a Historic Site meets one or more of the criteria identified in subsection A of this section (Criteria for designation of historic sites).

The Board shall transmit, to the Commission, its written recommendation for designation of a historic site.

Commission's Action.

The Commission shall conduct a public hearing in compliance with Chapter 16.88 (Review Procedures) for actions in which the Council is the final authority.

Notice of the time, place, and purpose of the hearing shall be given not less than 10 days before the date of the hearing by publication in a newspaper of general circulation in the City, in compliance with Chapter 16.88 (Review Procedures).

After the hearing is conducted, the Commission may recommend to the Council that the area, neighborhood, property, or site be designated as a historic site. The recommendation shall be by majority vote of the Commission membership and shall be supported by a written finding that the area, neighborhood, property, or site for designation as a historic site meets one or more of the criteria identified in subsection A of this section (Criteria for designation of historic sites).

If the Commission fails to reach a decision within 50 days after the close of the public hearing, the application shall be sent to the Council with a recommendation to approve the application.

The applicant or any person or entity dissatisfied with any action of the Commission may appeal to the Council in compliance with Chapter 16.100 (Appeals).

Council's Action.

After receipt of a written recommendation for designation from the Commission, the Council may designate any property as a historic site by adopting a resolution of designation following a public hearing in compliance Chapter 16.88 (Review Procedures) for actions in which the Council is the Review Authority.

The resolution shall be supported by a written finding that the area, neighborhood, property, or site for designation as a historic site meets one or more of the criteria identified in subsection A of this section (Criteria for designation of historic sites).

It shall take four concurring votes of the Council to overrule or modify the recommendation of the Commission.

(Prior code § 16-730.090; Ord. 2018-01-23-1503 § VII)

§ 16.220.100 Structures of merit.

Criteria for Designation as a Structure of Merit. The Board may designate any structure not designated as a landmark as a structure of merit if it determines that it is deserving of official recognition as having historic, architectural, archaeological, ecological, cultural, or aesthetic significance based on the following criteria:

Archaeological Interest. Its potential of yielding significant information of archaeological interest;

Heritage. Its character, interest, or value as a significant part of the heritage of the City, the State, or the Nation;

Visual Feature of the City. Its unique location or singular physical characteristic representing an established and familiar visual feature of the City;

Way of Life. Its exemplification of a particular way of life important to the City, the State, or the Nation;

Historic Event. Its location as a site of a significant historic event regardless of its current configuration, development, or use;

Significant Person. Its identification with a person(s) who significantly contributed to the culture and development of the City, the State, or the Nation; or

Procedure for Designation as a Structure of Merit.

Initiation. Proceedings to designate a structure of merit may be initiated by the Board or by the filing of an application with the Department by any person or entity.

Notice and Hearing—Required. Public notice and hearing shall be required for a designation as a structure of merit. Notice of the time, place, and purpose of the hearing shall be given not less than 10 days before the date of the hearing by publication in a newspaper of general circulation in the City and by mailing to the owner(s) of the subject property by certified mail, consistent with the procedures of Chapter 16.88 (Review Procedures).

Board's Action. The Board shall designate by resolution any structure deserving recognition that has not been designated as a Landmark as a structure of merit by a vote of the majority of the Board in compliance with the criteria identified in subsection A of this section (Criteria for designation as a structure of merit). The Board's decision is final.

Appeal. The decision of the Board may be appealed to the Planning Commission, consistent with the procedures of Chapter 16.100 (Appeals).

CEQA Compliance—Not Required. The designation as a structure of merit is not subject to the requirements of CEQA or the City's CEQA Guidelines.

(Prior code § 16-730.100; Ord. 015-09 C.S., eff. 12-3-09; Ord. 2019-06-18-1503 C.S. § 3)

§ 16.220.105 Demolition or relocation of historic resources.

Purpose. The purpose of this section is to ensure that no person shall demolish or relocate a historic resource without approval of a historic resource demolition or relocation permit and a permit for a replacement building, structure or project. The City of Stockton recognizes the importance of cultural and historic preservation to the community's continued social and economic vitality. By reusing, restoring, and adapting historic resources to the needs of today, the community can effectively conserve energy and resources of past generations, while minimizing waste, current energy, and materials usage.

Applicability. A historic resource demolition/relocation permit is required for all activities and developments specifically identified in Section 16.36.060 (Demolition and relocation of buildings), and/or any other section of this Code that requires a historic resource demolition/relocation permit.

Procedures.

Determination Review.

Filing.

An application for a demolition/relocation permit shall be completed and filed, with any applicable fee, with the Department.

All applications shall be accompanied by information and documentation necessary to make a preliminary determination, including the following, as applicable:

Plans, photographs, renderings, working drawings, specifications, Sanborn Maps, historical surveys, postcards, diaries, newspaper articles, interviews, and historical data, showing or describing the building, structure, or site, including the following, as applicable: architectural design, nature and texture of materials, color, lighting, method of construction and landscaping, and any other items which may demonstrate historical significance.

Historical or cultural resource study for any demolition of commercial structures.

(C)

A site plan that shows all existing buildings, structures, and site features, and identifies those proposed for demolition or relocation.

Noticing.

Within 45 days of receipt of a complete application, the Director shall make a preliminary determination.

With concurrence of the applicant, the time by which the Director may extend the 45-day preliminary review time period shall be limited to an additional 30 days.

Staff Review.

Completeness. All applications shall be reviewed for completeness per Section 16.84.050 (Initial application review and environmental assessment).

Evaluation. All projects shall be routed to the applicable departments and agencies for completeness review and historic determination. This includes evaluation by an ad-hoc committee of the CHB as needed.

Criteria. In making the preliminary determination, the Director shall apply the criteria specified by the most current revision of the U.S. Secretary of the Interior's "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings" and the California Environmental Quality Act ("CEQA").

Director Determination. At the completion of the application review by Staff, the Director shall:

Determine the proposed application does not include a significant historic or cultural resource(s) and shall proceed in obtaining a building permit consistent with subsection C.2 (Findings of No Historic Significance); or

Determine the proposed application does include any significant historic or cultural resource(s) and shall proceed in obtaining the necessary approvals consistent with subsection C.3 (Findings of Historic Significance) below.

Finding of No Historic Significance.

Noticing.

A notice of the Director's determination will be sent to all property owners within 300 feet of the proposed project site, along with a copy to the Cultural Heritage Board.

All determinations are subject to a 10-day appeal before becoming effective.

Appeals.

All appeals regarding Director determinations or decisions are subject to the appeal process of Chapter 16.100 (Appeals).

Should the Review Authority for the appeal determine that the proposed project site has significant historic or cultural resources, the application shall proceed as defined by subsection C.3 (Findings of Historic Significance) below.

Findings of Historic Significance.

Determination. Upon determination that the building or structure is a potential historic resource, the applicant shall submit, at their sole expense:

The appropriate environmental documentation; and a complete development application for a replacement building or structure or entitlements for a project for the property involved.

The Director shall place the application and draft environmental document on the next available regularly scheduled Board meeting for review and recommendation.

CHB Review of Historic Resources.

Board's Action. The Board shall conduct a public hearing in compliance with Section 16.88.050(C) (Public Hearing Review Procedure) for recommendation in which the Planning Commission is the Review Authority, including review of applicable environmental documents and the demolition or relocation application:

Notice. Notice of time, place, and purpose of the hearing shall be given not less than 10 days before the date of the hearing by publication in a newspaper of general circulation in the City and by mailing to the owner(s) of the subject property by certified mail, in compliance with Section 16.88.030 (Public hearing notices).

Hearing. After the hearing is conducted, the Board shall:

Recommendation. Recommend approval, conditional approval, or denial of the application.

Resolution. The resolution shall contain applicable findings and any conditions of approval deemed necessary to mitigate any impacts and protect the public health, safety, and welfare of the City.

Notification of Recommendation. Following the Board's action, a notice of the recommendation shall be mailed to the applicant at the address shown on the application.

Referral to Planning Commission. The recommendation of the Board shall be forwarded to the Planning Commission as part of the complete development application submitted in accordance with Section 16.220.105.C.3.a.i.

Commission Review of Historic Resources.

Commission Action. The Commission shall conduct a public hearing in compliance with Section 16.88.050(C) (Public Hearing Review Procedure) for action in which the Commission is the Review Authority, including review of applicable environmental documents and the demolition or relocation application:

Hearing. After the hearing is conducted, the Commission shall:

Action. Approval, conditional approval, or denial of the application.

Resolution. The resolution shall contain applicable findings in accordance with Section 16.220.105.C.6 (Findings for Demolition or Relocation), any conditions of approval, certification/adoption of the environmental document, and reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public health, safety, and welfare of the City.

Appeal. The decision of the Commission may be appealed to the City Council in compliance with Chapter 16.100 (Appeals).

Findings for Demolition or Relocation. No building or structure on an eligible property shall be demolished or relocated unless the Commission makes the following findings.

Approval. Prior to approval, the Commission shall find that:

The environmental document has been completed in compliance with CEQA, State CEQA Guidelines, and City Guidelines for the Implementation of CEQA, and adopt a Statement of Overriding Considerations as applicable; and

The action proposed is consistent with the purposes of historic preservation as set forth in this chapter and the General Plan; or

There are no reasonable alternatives to the demolition or relocation as of the time of the hearing.

Denial. Prior to denial, the Commission shall find that there are reasonable alternatives to the demolition or relocation as of the time of the hearing as demonstrated by the facts in the record.

(Ord. 006-09 C.S. § 1; Ord. 2025-06-03-1601, 6/3/2025)

§ 16.220.110 Amendment or rescission.

The designation as a landmark, historic preservation district, historic site, or structure of merit may be rescinded or amended in compliance with the same procedure used for designation as a landmark, historic preservation district, historic site, or structure of merit. One of the following findings shall be made to support the amendment or rescission:

Altered. The property has been altered so as to be incompatible with its original character and style;

Diminished. The property's historic, architectural, archaeological, cultural, or aesthetic significance has been diminished; or

Fails to Meet Purpose. The property no longer meets the purpose of this chapter (Section 16.220.010, Purpose).

(Prior code § 16-730.110)

§ 16.220.120 Maintenance.

Responsibility to Maintain. All property owners and/or tenants of landmarks, historic sites, structures of merit, and structures in a historic preservation district shall maintain and keep in repair the structures and premises which shall be preserved against decay and deterioration by being kept free from the following structural defects:

Deteriorated or inadequate foundation, which jeopardizes its structural integrity;

Defective or deteriorated floor supports or any structural members of insufficient size to carry imposed loads with safety, which jeopardizes its structural integrity;

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 its structural integrity;

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 its structural integrity;

Deteriorated or crumbling exterior plasters, mortar, or stucco;

Lack of weather protection or ineffective waterproofing of exterior walls, roof, and foundations, including broken windows or doors;

Peeled paint, rotting, holes, and other forms of decay;

Lack of maintenance of the surrounding environment (e.g., accessory structures, fences, gates, landscaping, sidewalks, signs, and steps); or

Any deteriorated feature creating, or allowing the creation of, any hazardous or unsafe condition or conditions.

Time for Correction. The owner or the owner's agent shall repair the object, structure, or site within a specified period of time following receipt of a written order to correct defects or repairs to any structure in compliance with subsection A of this section. (Responsibility to maintain), so that the structure 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 Standards) of the Municipal Code.

Ordinary Maintenance and Repair. Nothing in this chapter shall be interpreted to prevent the ordinary maintenance or repair of any exterior architectural feature in, or on, any historic property that does not involve a modification or change in design, material, or external appearance.

(Prior code § 16-730.120)

§ 16.220.130 Economic hardship.

If a determination of economic hardship is made, the Board shall take it into consideration in making any decision regarding a historic landmark, historic preservation district, or historic site.

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

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

Non-Income Producing Property. The non-income producing property has no beneficial use as a single-family dwelling, duplex, triplex, or institutional use in its present condition or if rehabilitated.

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

Willful or negligent acts by the owner;

Purchase of the property for substantially more than market value;

Failure to perform ordinary maintenance or repairs;

Failure to diligently solicit and retain tenants; or

Failure to provide normal tenant improvement(s).

(Prior code § 16-730.130)

§ 16.220.140 Enforcement.

Director. The Director shall have the authority to issue citations for violations of this chapter.

Guilty of an Infraction. Any person violating or failing to comply with the provisions of this chapter shall be guilty of an infraction and shall be held responsible in compliance with Section 1.24.010 of the Municipal Code and Chapter 16.224 (Enforcement).

(Prior code § 16-730.140)

§ 16.224.010 Purpose of chapter.

Procedures. This chapter is intended to provide procedures, which ensure compliance with the requirements of this Development Code.

Ensure Compliance. Enforcement of these provisions and any approvals granted by the City shall be diligently pursued in order to ensure compliance with any condition(s) of approval, to promote the City's planning efforts, and to protect the public health, safety, and general welfare.

(Prior code § 16-740.010)

§ 16.224.020 Responsibility for enforcement.

Director. The Director shall:

Monitoring and Enforcing. Be responsible for monitoring and enforcing:

Conditions. The conditions and standards imposed on all land use permits and entitlements granted by the City;

Development Code Compliance. Compliance with the provisions, regulations, requirements, and standards of this Development Code; and

Mitigation Measures. The measures listed in environmental documents to mitigate adverse environmental impacts from a project as listed in the mitigation monitoring program for the proposal.

Powers. Have all the powers of enforcement as identified in Chapter 1.20 (Administrative Enforcement and Remedies) of the Municipal Code.

Code Enforcement. Enforcement officers shall enforce the Development Code in compliance with Chapter 1.24 of the Municipal Code.

(Prior code § 16-740.020)

§ 16.224.030 Violations and remedies.

Types of Violations and Remedies.

Enforcement Procedures. Any of the enforcement procedures of Chapter 1.20 of the Municipal Code may be employed by the Director. These procedures include the issuance of administrative citations and fines, abatement, and administrative civil penalties. In addition, the City Attorney may file any civil or criminal action in court as a legal remedy.

Public Nuisance. Any use or structure which is altered, enlarged, erected, established, maintained, moved, or operated contrary to the provisions of this Development Code, any mitigation measure, or any applicable condition(s) of approval (e.g., conditions imposed on any development permit, entitlement, map, or license), is hereby declared to be unlawful and a public nuisance, and shall be subject to the remedies and penalties identified in the Municipal Code, including this chapter, and revocation procedures initiated in compliance with Chapter 16.108 (Revocations and Modifications).

Misdemeanor. Any person, partnership, firm, or corporation, whether as principal, agent, employee, or otherwise, violating or failing to comply with any provision(s) of this Development Code, any mitigation measure, or any condition(s) of approval shall be guilty of a misdemeanor on each separate day the violation or failure to comply exists, except as otherwise identified in this Development Code or the Municipal Code.

Stop Work Order. Any construction in violation of this Development Code, any mitigation measure, or any condition(s) of approval shall be subject to the issuance of a "Stop Work Order." Any violation of a "Stop Work Order" shall constitute a misdemeanor.

Administrative Penalties. The administrative penalties for violating any of the provisions of this Development Code, any mitigation measure, or any condition(s) of approval are identified in Chapter 1.20 of the Municipal Code. The City may recover costs associated with the abatement of violations of this Development Code, in compliance with Chapter 1.36. In addition to all other remedies available under the Municipal Code, the requirements of this Development Code may be enforced by injunctive or declaration relief.

Cumulative. All remedies contained in this Development Code for the handling of violations or enforcement of the provisions of this Development Code shall be cumulative and not exclusive of any other applicable provisions of local, State, or Federal law.

Other Remedies. If a person is found guilty and convicted of a misdemeanor for the violation of any provision of this Development Code, the conviction shall not prevent the City from pursuing any other available remedy to correct the violation.

(Prior code § 16-740.030)

§ 16.224.040 Inspection.

Site Inspections. Every applicant seeking an application, permit, or any other action in compliance with this Development Code shall allow appropriate City officials reasonable access to any premises or property, which is the subject of the application.

Continued Compliance. If the permit or other action is approved, the owner or applicant shall allow appropriate City officials reasonable access to the premises at reasonable times to determine continued compliance with the approved permit and/or any condition(s) of approval.

Failure to Allow Inspections. Failure to allow inspections for continued compliance shall automatically make all permits and approvals subject to revocation or modification in compliance with Chapter 16.108 (Revocations and Modifications).

(Prior code § 16-740.040)

§ 16.224.050 Initial enforcement action.

The following procedures may be used to initiate enforcement action in most cases where the Director has determined that property within the City is being used, maintained, or allowed to exist in violation of the provisions of this Development Code. The purpose of these provisions is to encourage the voluntary cooperation of responsible parties in the prompt correction of violations, so that other enforcement measures may be avoided.

Notice to Responsible Parties. The Director shall provide the recorded owner of the subject parcel and any person in possession or control of the parcel with a written notice of violation, which shall include the following information:

Time Limit. A time limit for correcting the violation, in compliance with subsection B of this section (Time limit for correction);

Administrative Costs. A statement that the City intends to charge the property owner for all administrative costs associated with the abatement of the violation(s), in compliance with Chapter 1.36 of the Municipal Code; and

Meet With the Director. A statement that the property owner may request and be provided a meeting with the Director to discuss possible methods and time limits for the correction of the violation(s).

Time Limit for Correction.

The notice of violation shall state when the violation shall be corrected to avoid further enforcement action by the City.

If the Director determines that the violation constitutes a hazard to public health or safety, or if deemed appropriate, the Director may require immediate corrective action.

(Prior code § 16-740.050)

§ 16.224.060 Re-inspection fees.

A reinspection fee shall be imposed on each person who receives a notice of violation, notice and order, or letter of correction of any provision of the Municipal Code, adopted Building Code, or State law, in compliance with Sections 1.24.040 through 1.24.090 of the Municipal Code. The fee amount shall be set by the Council's fee resolution.

(Prior code § 16-740.060)

§ 16.228.010 Purpose of chapter.

Provisions. This chapter is intended to establish uniform provisions for the regulation of legal nonconforming land uses, structures, and parcels. Within the zoning districts established by this Development Code, there exist land uses, structures, and parcels that were lawfully in existence before the adoption, or amendment of this Development Code, or were in existence at the time of annexation, but which would be prohibited, regulated, or restricted differently under the terms of this Development Code, as amended.

Intent. It is the intent of this Development Code to discourage the long-term continuance of these nonconformities in order to promote the public health, safety, and general welfare and to bring the uses and structures into conformity with the goals and policies of the General Plan and any applicable specific plan, master development plan, or precise road plan. This chapter would provide for their eventual elimination, but would allow them to exist under the limited conditions identified in this chapter.

Establish Circumstances. Generally, this chapter is intended to be administered in a manner that would prevent the expansion of nonconformities, establish the circumstances under which they may be continued, and provide for their change, correction, or removal resulting in their eventual abatement.

(Prior code § 16-750.010)

§ 16.228.020 Legal nonconformity.

Any use, structure, or parcel/zoning district area may not be designated as having a legal nonconforming status unless the use was legal at the time it was initiated, the structure was legally built, or the parcel/zoning district area was legally created. The owner/applicant is responsible for providing evidence that the use, structure, and parcel/zoning district area are legal, based on the following criteria:

Use. A nonconforming use shall be deemed to be a legal nonconforming use, if:

There is an existing valid use permit, if required;

There is evidence that the use was an allowed use at the time it was established;

There is evidence that the use was an allowed use, or had a use permit if required by the County, at the time it was annexed into the City; or

If the above information is not available, the Director shall review the evidence for status as to the legality of the nonconformity and issue a determination based upon information provided by the applicant and payment of a filing fee set by the Council's fee resolution.

Structure. A nonconforming structure shall be deemed to be a legal nonconforming structure, if:

A building permit was issued by the City or County for the structure;

The structure existed at the time it was annexed into the City or before code requirements;

The structure was built before 1950; or

Parcel or Zoning District Area. A nonconforming parcel or zoning area shall be deemed to be a legal nonconforming parcel or zoning district area, if:

The parcel was legally created through a subdivision approved by the City or the County before City annexation/incorporation;

The parcel is under one ownership, and was legally created by a recorded deed before the effective date of the zoning amendment that made the parcel nonconforming;

The parcel was approved through the variance procedure, in compliance with Chapter 16.172, or resulted from a lot line adjustment in compliance with Chapter 16.200;

The parcel was created in compliance with the provisions of this Development Code, but was made nonconforming when a portion of the parcel was acquired by a governmental entity so that the parcel size was decreased not more than 20 percent and the required front yard setback facing a public right-of-way was decreased by no more than 50 percent;

There is a certificate of compliance issued by the City or County; or

The zoning was obtained through the City's prezoning or rezoning process.

(Prior code § 16-750.020; Ord. 015-09 C.S., eff. 12-3-09)

§ 16.228.030 Creation of a nonconforming use, structure, or parcel.

Except as provided for in this chapter, the City shall not approve any permit or entitlement that would:

Cause the creation of a nonconforming use, structure, or parcel where there was no prior nonconformity; or

Increase the nonconformity of a nonconforming use, structure, or parcel, except as provided in this chapter.

(Prior code § 16-750.030)

§ 16.228.040 Provisions for nonconforming uses, structures, and parcels.

Nonconforming Uses. In addition to the nonconforming uses identified in nonconforming uses and/or structures in subsection C of this section, nonconforming uses may be continued in compliance with the following provisions:

Nonconforming Uses of Land. A nonconforming use of land may be continued, maintained, sold, or transferred, provided that the use shall not be enlarged or increased in any manner (e.g., area, space, volume, or occupant load) nor be extended to occupy a greater area than it lawfully occupied before becoming a nonconforming use, except as provided by this chapter.

Nonconforming Use of a Conforming Structure. The nonconforming use of a structure that otherwise conforms with applicable provisions of this Development Code may be continued, maintained, sold, or transferred, as follows, provided that the only structural alterations are those required by law:

Expansion of Use. The nonconforming use of a portion of a conforming structure may be extended to other portions of the existing structure subject to an administrative use permit in compliance with Chapter 16.168 (Use Permit), provided the expansion shall not:

Be granted more than one time; however, additional expansion will be reviewed on a case-by-case basis by the Director and will be processed with a commission use permit;

Exceed a maximum of 25 percent of the total floor area of the structure before the expansion; and

Create a new nonconformity or expand the existing nonconformity in a way that impacts public health and safety (i.e., noise, light, dust, access).

Use. The nonconforming use of a conforming structure may add additional uses allowed in the same zoning district as the existing use is allowed and for which applicable permits are obtained.

Nonconforming Structures. In addition to the nonconforming structures identified in nonconforming uses and structures in subsection C of this section, the following nonconforming structures may continue subject to the following provisions:

Changes to a Structure. The addition, enlargement, extension, reconstruction, relocation, or structural alteration of a nonconforming structure, may only be allowed in compliance with the following provisions:

Changes to a Nonconforming Structure. The alteration, extension, expansion, or enlargement of the area within a nonconforming structure, or the addition of a structure(s) used in conjunction with a nonconforming structure, may only be allowed under the following circumstances:

Any alteration (e.g., a simple cosmetic or structural change which does not include an addition or expansion to the structure's building envelope) to a nonconforming structure shall be allowed without limitation or restriction except for compliance with all current applicable building, health, and safety standards;

To the extent required by a subsequently enacted or adopted law, ordinance, or regulation, as determined by the Director;

Additions may be made to an existing nonconforming structure, which is designed for and used exclusively as a single-family residence, duplex, or triplex, as defined in Chapter 16.240 (Definitions), provided the additions:

Provide parking in compliance with Table 3-9 (Parking Requirements by Land Use), unless existing physical constraints limit the amount of parking that can be provided and a waiver is granted by the Director.

Shall not:

(1)

Increase the number of dwelling units in the structure;

(2)

Occupy the only portion of a site, which can be used for required parking space or necessary access;

(3)

Encroach into, or increase the encroachment of, a setback area; or

(4)

Increase area coverage beyond that allowed by this Development Code, or to a percentage greater than already exists if the structure is presently nonconforming in terms of allowable area coverage.

Additions may be made to a nonresidential structure that is nonconforming only because the structure does not comply with one or more property development standards and is not in violation of any other provisions of this Development Code provided the addition complies with all applicable development standards (e.g., height, setbacks, fences, landscaping, etc.) of this Development Code. The existing structure and related portion of the parcel are not required to be brought into compliance with this Development Code.

Relocation. If a nonconforming structure is moved/relocated for any reason for any distance, the structure shall conform to the applicable provisions/standards of the zoning district in which it is located.

Modifications. The additions allowed by subsection (B)(1) of this section (Changes to a structure) shall not be interpreted to authorize the adjustment or modification of any provision of this Development Code. Any adjustment or modification would require the approval of a variance in compliance with Chapter 16.172.

Change in Use of Nonconforming Structures. The use of a legal nonconforming structure may be changed to any use allowed in the zoning district in which it is located, provided it meets the requirements, provisions, and standards identified for that use.

Maintenance and Repair. A nonconforming structure may undergo ordinary and necessary maintenance and repairs in compliance with the following provisions:

Where necessary to keep the structure(s) in condition to meet applicable building, health, and safety codes;

Where there are no structural alterations; and

Where the work is limited to replacement of existing materials with similar materials placed in a similar manner.

Seismic Retrofitting/Building Code Compliance. Repairs or alterations otherwise required by law shall be allowed in compliance with the following provisions:

Unreinforced Masonry Structures. Unreinforced masonry structures which require alteration or demolition to comply with local or State requirements to add seismic strengthening to existing structures, may be repaired or reconstructed, regardless of any nonconformity, provided the reconstruction is allowed by the Building Code; and

Building Code Requirements. Reconstruction required to comply with Building Code requirements shall be allowed, without cost limitations, provided the retrofitting/code compliance is limited exclusively to compliance with earthquake safety standards, as identified in subsection (B)(4)(a) of this section (Unreinforced masonry structures), health and safety regulations (e.g., repair or reconstruction to correct a serious health and/or safety violation, etc.), and other applicable Building Code requirements, including State law (e.g., Title 24, California Code of Regulations, etc.).

Parking Requirements. The addition, enlargement, extension, reconstruction, relocation, structural alteration, or reestablishment or change in use of a structure that is nonconforming only because the structure does not comply with the parking and/or loading requirements of Chapter 16.64 (Off-Street Parking and Loading Standards), may be allowed in compliance with Section 16.64.050(H) (Nonconforming uses and structures).

Nonconforming Uses and/or Structures. The following requirements shall apply.

Continued Use or Structure. In addition to the nonconforming uses, subsection A of this section, and nonconforming structures, subsection B of this section, a nonconforming use or structure may continue subject to the following provisions:

Public Uses. A publicly-owned use or structure, including a fire station, library, park, police station, school, and other public site(s), which does not comply with the required standards and provisions of this Development Code, may be added to, altered, or extended if the addition, alteration, or extension does not extend beyond the boundaries of the original site. Nothing in this chapter shall be construed to require the discontinuance, removal, or termination of a publicly-owned use or structure.

Public Utilities. A public utility use or structure, may be added to, altered, or extended if the addition, alteration, or extension does not change the use or extend beyond the boundaries of the original site. The public utility use or structure includes equipment or other facilities for operating purposes, which were legally established or constructed, but which do not comply with the provisions of this Development Code; it does not include offices, service centers, or yards. Nothing in this chapter shall be construed to require the discontinuance, removal, or termination of a public utility use or structure.

Signs. Legally established nonconforming signs shall be allowed to continue, subject to compliance with Section 16.76.070 (Nonconforming signs).

Nuisances. In the event that a legal nonconforming use or structure is found to constitute a public nuisance, the Director shall take the following appropriate action(s):

Abatement. Abatement in compliance with Section 1.36.040 of the Municipal Code.

Revocation or Modification. Revocation or modification in compliance with Chapter 16.108 (Revocations and Modifications).

Use Permit. Refer any written complaint to the Commission that:

Is filled by an aggrieved person; or

Alleges that the nonconforming use has become a public nuisance either through a decline in appearance; through the emission of noise, smoke, or vibrations; or by becoming a persistent police problem through the conduct of its operations. The Commission may require the removal of the nonconforming use after a public hearing.

Unlawful Uses and Structures.

Uses and structures which do not comply with the applicable provisions of this Development Code or prior planning and zoning regulations when established are violations of this Development Code and are subject to the provisions of Chapter 16.224 (Enforcement).

The right to continue occupancy of property containing an illegal use or structure is not granted by this chapter.

The activity shall not be lawfully allowed to continue unless or until permits and entitlements required by this Development Code and the Municipal Code are first obtained.

Nonconforming Parcels or Zoning District Areas. Except as otherwise provided in this Development Code, nonconforming parcels or zoning districts shall comply with the following:

Reduction in Parcel Size—Prohibited. Where structures have been erected on a nonconforming parcel, the parcel shall not be later divided so as to reduce the building site area and/or frontage below the requirements of the applicable zoning district or other applicable provisions of this Development Code, or that makes the use of the parcel more nonconforming.

Two or More Adjoining Parcels Under One Ownership.

Single Ownership. If two or more adjoining parcels, or a combination of parcels or portions of parcels, with continuous frontage in single-ownership do not meet the minimum requirements established for parcel area or width, the land involved shall be considered to be a single building site for purposes of this paragraph.

No Reduction in Compliance. Any portion of the building site shall not be used or sold in a manner which reduces the degree of compliance with parcel area or width requirements for the zoning district in which the parcel(s) is located.

Further Division—Prohibited. Any division of a parcel shall not be made which creates a parcel area or width below the minimum requirements for the zoning district in which the parcel(s) is located.

Substandard Parcels or Zoning District Areas. Existing substandard parcels or land areas not meeting the zoning district area requirements for the CL or CA zoning district may be developed and existing structures on the parcel or zoning district area may be added to, enlarged, extended, reconstructed, relocated, or structurally altered, provided any use or structure(s) is in compliance with all provisions, other than parcel or zoning district area size, of this Development Code.

(Prior code § 16-750.040; Ord. 023-07 C.S. §§ 130, 131; Ord. 2022-07-12-1601-02 C.S. § 32)

§ 16.228.050 Use permit requirement.

Conformity of Uses Requiring Use Permits. Any use existing without a use permit at the time of adoption of this Development Code, in a zoning district that under this Development Code only allows the use provided a use permit is first obtained, shall be deemed a legal nonconforming use that does not require a use permit, but only to the extent that it previously existed (e.g., maintain the same parcel area boundaries, hours of operation, etc.).

Previous Use Permits in Effect.

Continuation Allowed. Any use that has obtained a use permit issued in compliance with the regulations requiring a use permit for the specific type of land use activity in effect at the time of application, but which is no longer allowed, with or without a use permit under this Development Code, may continue as a legal nonconforming use.

Limits on Continuation. The use may only continue in compliance with the provisions and terms of the original use permit. If the use permit identified a termination date, then the use shall terminate in compliance with the original permit.

(Prior code § 16-750.050)

§ 16.228.060 Loss of nonconforming status.

The nonconforming status shall no longer apply to a use or structure in the following circumstances:

Exemptions. The following uses and structures shall maintain their nonconforming status if they are involuntarily damaged, demolished, or destroyed:

Residential Dwelling Units. Residential dwelling units (e.g., single-family, multifamily, duplexes, triplexes, and townhouses) and their ancillary parking structure and other accessory structures are exempt from the requirements of this section and may be rebuilt provided:

The original structure(s) is legally nonconforming;

The extent of the nonconformity is not increased in compliance with the following:

The structure(s) may be rebuilt using the same development standards applied to the damaged, demolished, or destroyed structure(s) (e.g., building envelope, density, height, and number of dwelling units); and

The structure(s) shall be rebuilt in the same footprint (location and size) as the damaged, demolished, or destroyed structure(s), except if relocating the structure(s) would allow the same sized structure(s) to meet current setback requirements;

Reconstruction begins within 12 months of the structure(s) being damaged, demolished, or destroyed and is diligently pursued to completion; and

The new structure(s) meets all current applicable building, health, and safety standards.

Nonresidential Structures Deemed Nonconforming as a Result of a Street Widening. Nonresidential structures deemed nonconforming as a result of a street widening may be rebuilt provided all of the following criteria are met:

The only reason for the nonconformity is that:

The setback requirements are not met due to the widening of the street; and/or

The requirements for parking or landscaping are not met due to the widening of the street;

The structure is reconstructed within its original nonconforming setback;

Reconstruction begins within 12 months of the structure being damaged or destroyed and is diligently pursued to completion; and

The new structure meets all current building, health, and safety standards.

Termination by Change of Use. Changing a nonconforming use to a conforming use.

Termination by Discontinuance. Except when extended in compliance with this chapter or the provisions of Chapter 16.168 (Use Permits), discontinuance of a nonconforming use or structure, nonconforming due to use, shall result in the use or structure losing its nonconforming status if the use is ceased or discontinued for a continuous period of at least one year from:

Voluntary. The date the use is voluntarily ceased or discontinued; or

Involuntary. The date the owner is notified of the requirement to reestablish the involuntarily discontinued use.

Extension. The owner may request a one year extension if evidence shall be submitted to the Community Development Department indicating the owner has made a "good faith" effort to continue the nonconforming use. Evidence can include leasing agreements, occupancy or building records, and marketing brochures. Only one extension can be granted and will be based on the Voluntary or Involuntary date as shown above.

Termination by Destruction. A nonconforming structure(s), or a conforming structure(s) used for a nonconforming use, involuntarily damaged, demolished, or destroyed may be repaired or rebuilt and re-occupied only as follows:

Cost of Repair—Not Exceeding 50 Percent. If the cost of repairing or replacing the damaged portion of the structure(s) does not exceed 50 percent of its market value as determined on the last equalized assessment roll at the time of destruction or by an appraisal which was prepared within the last 12 months by a licensed appraiser, whichever is greater, the structure may be restored and the use continued, provided the following conditions are met:

Building Code. The reconstruction meets current Building Code requirements; and

Commencement Within 12 Months. Reconstruction begins within 12 months of the date of damage, unless otherwise allowed by the Director, and is diligently pursued to completion.

Cost of Repair—Exceeding 50 Percent. If the cost of repairing or replacing the damaged portion of the structure(s) does exceed 50 percent of its market value as determined on the last equalized assessment roll at the time of destruction or by an appraisal which was prepared within the last 12 months by a licensed appraiser, whichever is greater, the structure may not be restored and the use continued, except as otherwise provided in this chapter.

(Prior code § 16-750.060; Ord. 023-07 C.S. § 132; Ord. 2022-07-12-1601-02 C.S. § 33)

§ 16.232.010 Purpose of chapter.

This chapter is intended to identify the relationship of the redevelopment process to the General Plan and this Development Code.

(Prior code § 16-760.010)

§ 16.232.020 Redevelopment plans.

The Commission shall review all redevelopment plans (adoptions or amendments) for conformity with the General Plan, and shall forward a written recommendation containing the determination of conformity to the Council for their adoption, in compliance with State law (Health and Safety Code Sections 33300 et seq., and Government Code Sections 65402, 65451, and 65454).

(Prior code § 16-760.020)

§ 16.232.030 Redevelopment projects.

All proposed redevelopment area projects, including redevelopment plans, shall:

Conformance. Fully conform with the General Plan;

Compliance. Comply with the requirements of this Development Code and the City's CEQA Guidelines; and

Other Permits. Be subject to the applicant obtaining all appropriate permits and entitlements for the proposed project before the final approval of the Redevelopment Agency.

(Prior code § 16-760.030)

§ 16.232.040 Projects within a redevelopment area.

Proposed projects, including signs, within a redevelopment area shall:

Conformance. Be in full conformance with:

The General Plan; and

The applicable Redevelopment Plan;

Compliance. Comply with the requirements of this Development Code and the City's CEQA Guidelines; and

Approvals. Obtain all appropriate approvals from the Redevelopment Agency and/or Redevelopment Commission before any approval of the project by the Review Authority.

(Prior code § 16-760.040)

§ 16.236.010 Purpose of chapter.

This chapter is intended to identify the City's process for the initiation and processing of a notice of "nonrenewal" or cancellation of Williamson Act contracts in compliance with State law (Government Code Sections 51245 and 51281).

(Prior code § 16-770.010)

§ 16.236.020 Nonrenewal of Williamson Act contract.

Nonrenewal Process.

Filing.

Initiation. Notice of nonrenewal may be initiated by either of the following, in compliance with State law (Government Code Section 51245):

Council. The Council may initiate a notice of nonrenewal; or

Property Owner(s). The property owner(s) may initiate a notice of nonrenewal.

Filed with Department. A copy of the notice shall be filed with the Department.

Contents. The notice shall contain the following materials:

Notice Form. One copy of the completed notice form; and

Preliminary Title Report. One copy of a current preliminary title report. Reports more than six months old are not considered current and shall not be accepted.

Deadline. The written notice shall be served on the City by the property owner(s) at least 90 days, or on the property owner(s) by the City at least 60 days, before the annual renewal date of the contract.

Recordation. The notice of nonrenewal shall be recorded in the following manner:

Document Preparation. Once the notice is deemed complete and acceptable, the City Clerk shall prepare all documents for recordation;

Forwarded for Recordation. The City Clerk shall forward the notice to the County Recorder's office for recordation;

Mailing of Copies. A copy of the recorded notice shall be mailed to the following:

The property owner(s);

The Director of Conservation; and

The County Assessor.

December Deadline. The notice shall be recorded in the County Recorder's office before December 1st in order to be processed for the following March 1st lien date, in compliance with State law (Government Code Section 51245).

Terminates in 10 Years. The notice of nonrenewal terminates the Williamson Act contract in 10 years, in compliance with State law (Government Code Section 51246(a)).

Assessment. During this 10-year nonrenewal period, the assessment of the subject property may incrementally increase.

(Prior code § 16-770.020)

§ 16.236.030 Cancellation of Williamson Act contract.

Filing.

Initiation. A petition for cancellation may only be initiated by the property owner(s), in compliance with State law (Government Code Section 51281).

Filed With Department. The petition for cancellation shall be filed with the Department.

Fee. The property owner(s) shall pay the fee established by the Council's fee resolution at the time the petition for cancellation is filed with the Department.

Contents. The petition for cancellation shall contain the following materials:

Petition Form. One complete copy of the City's required form;

Preliminary Title Report. One copy of a current preliminary title report. Reports more than six months old are not considered current and shall not be accepted; and

Additional Information. Any additional information the Director determines to be necessary to process the petition.

Tentative Cancellation of Contract.

Notice. Notice of a public hearing shall be given as follows:

Published Notice. A legal notice shall be published at least once in a local newspaper of general circulation within the City at least 10 days before the hearing.

Mailed Notice. Notice shall be mailed to owners of contracted property within one mile, property owners within 300 feet, other concerned agencies, and the Department of Conservation.

Review Procedure. The Council shall conduct a public hearing in compliance with Section 16.88.050(C)(3)(b). (Actions in which the council is the review authority) for a tentative cancellation of the contract.

Findings. The Council may grant cancellation of the contract only if the findings in subsection (B)(3)(a)(i) or (ii) of this section, can be made in a positive manner:

The cancellation is consistent with the purposes of the Williamson Act. This finding can only be made if the cancellation is:

For property on which a Notice of Nonrenewal has been served in compliance with State law (Government Code Section 51245) and Section 16.236.020 (Nonrenewal of Williamson Act contract);

Not likely to result in the removal of adjoining lands from agricultural use;

For an alternative use of land which is consistent with the general land uses, objectives, policies, and programs of the General Plan and any applicable specific plan;

Intended to ensure/maintain a contiguous pattern of urban development;

In an area which has no noncontracted land available and suitable for the proposed use which is intended for the subject property, or development of the contracted land would provide for a more contiguous pattern of urban development than would development of the available noncontracted land; and

vi.

In compliance with the provisions of this chapter.

The cancellation is in the public interest. This finding can only be made if:

Other public considerations substantially outweigh the objectives of the Williamson Act; and

There is no proximate noncontracted land in the area which is available and suitable for the proposed use which is intended for the subject property, or development of the contracted land would provide for a more contiguous pattern of urban development than would development of any proximate noncontracted land.

Notice of Decision. A notice of the decision on the tentative cancellation of the contract shall be published within 30 days of the Council's decision, with a copy to the Director of the Department of Conservation, in compliance with Government Code Section 51284.

Recordation. The City Clerk shall record the certificate of tentative cancellation with the County Recorder in compliance with Government Code Section 51283.4(a).

Certificate of Cancellation of Contract.

Resolution. Following the owner's notifying the Council that all conditions and contingencies have been satisfied, the Council shall execute a certificate of cancellation of contract within 30 days.

Recordation. The City Clerk shall record the certificate of cancellation with the County Recorder in compliance with Government Code Section 51283.4(b). Cancellation occurs when the certificate of cancellation is recorded.

Notice to Owner. The owner shall be noticed that the certificate of cancellation has been executed.

(Prior code § 16-770.030; Ord. 001-08 C.S. § 34)

§ 16.236.040 Subdivision of property under Williamson Act contract.

Requests to subdivide property under Williamson Act Contract into parcels too small to sustain their agricultural purpose as defined in Government Code Section 66474.4 shall be denied, except:

City Not Succeeding to Contract. An annexation that has been approved by the Local Agency Formation Commission (LAFCO) and to which the City will not succeed to the contract in compliance with Government Code Sections 51243 and 51243.5, Government Code Section 66474.4(d)(1); or

Three Years Remaining on Contract. A written notice of nonrenewal of the contract in compliance with Section 16.236.020 (Nonrenewal of Williamson Act contract), has been served , as provided in Government Code Section 51245, and, as a result, there are no more than three years remaining in the term of the contract in compliance with Government Code Section 66474.4(d)(3).

(Prior code § 16-770.040)

§ 16.236.050 Annexation.

Intent to Develop. Annexation into the City indicates an intent to develop.

Removal From Contract. No property owner shall be under Williamson Act contract at the time of annexation into the City in compliance with Government Code Sections 66474.4(d)(1), 51243, and 51243.5, unless a notice of nonrenewal has been filed and recorded for the property before the application for annexation is filed.

(Prior code § 16-770.040; Ord. 023-07 C.S. § 134)

Stockton City Zoning Code

Division

7 Development Code Administration

§ 16.212.010 Purpose of chapter.

This chapter is intended to describe the authority and responsibilities of the City staff and the elected and appointed officials in the administration of this Development Code.

(Prior code § 16-710.010)

§ 16.212.020 Planning Agency.

(Prior code § 16-710.020)

§ 16.212.030 City Council (Council).

The City Council of the City of Stockton (referred to in this Development Code as the Council) shall perform the following functions that are related to this Development Code:

Appointments. Exercise all appointing powers provided under State law, the City Charter, and this Development Code, including the appointment of the members of the Planning Commission;

Appeals. Be the final appellate body on all matters identified in this Development Code;

Legislative Body. Serve as the legislative body as that term is used in the Subdivision Map Act;

Tentative Maps. The City Council shall act as the appeal board for hearing appeals of the approval, conditional approval, or denial of tentative maps.

(Prior code § 16-710.030; Ord. 023-07 C.S. § 125)

§ 16.212.040 Planning Commission (Commission).

Meetings. The time and date for meetings and election of officers shall be in compliance with the Commission's "Procedural Rules for Conducting Commission Meetings."

Rules. The Commission shall have the authority to establish rules for the election of officers and the conduct of meetings. The Commission shall comply with the following:

Quorum. A quorum for any regular or special meeting of the Commission shall consist of a majority of the total number of members appointed to the Commission; and

Staff. The Director shall provide staff to the Commission as necessary to formulate and implement the City's planning objectives.

Duties and Authority.

Duties. The Commission shall perform the following duties and functions, including:

The preparation, review, and revision, as necessary, of the General Plan and recommendation to the Council of any adoption, amendment, or repeal of the General Plan or portions of the General Plan;

The review of, and determination on, applications for development projects filed with the Department, including use permits, variances, and tentative maps (five or more parcels);

Serve as the appellate body for decisions by the Director;

Interpret the text of the General Plan and this Development Code;

Interpret the General Plan land use designations as they relate to the text of the General Plan;

Review redevelopment plans for conformity to the General Plan and for recommendation to the Council;

Annually review the City's Capital Improvement Program for its conformity with the General Plan, in compliance with State law (Government Code Article 7, commencing with Section 65400); and

Other matters deemed appropriate by the Council or Commission.

(Prior code § 16-710.040; Ord. 023-07 C.S. § 126)

§ 16.212.050 Development Review Committee (DRC).

Membership. The membership and chairperson of the Development Review Committee (referred to in this Development Code as the DRC) shall be defined in the rules and regulations of the DRC.

Rules and Regulations. The DRC shall adopt rules and regulations for its meetings and shall maintain a record of its recommendations.

Duties. The DRC shall provide a written recommendation to the Director for all of the following:

Other Development Projects. Review other development and related projects, as deemed appropriate by the Director.

(Prior code § 16-710.050; Ord. 015-09 C.S., eff. 12-3-09)

§ 16.212.060 Site Plan Review Committee (SPRC).

Membership. The membership and chairperson of the Site Plan Review Committee (referred to in this Development Code as the SPRC) shall be defined in the rules and regulations of the SPRC.

Rules and Regulations. The SPRC shall adopt rules and regulations for its meetings and shall maintain a record of its recommendations.

Duties. The SPRC shall perform all of the duties identified in Chapter 16.152 (Site Plan Review).

(Prior code § 16-710.060; Ord. 015-09 C.S., eff. 12-3-09)

§ 16.212.065 Architectural Review Committee (ARC).

Rules and Regulations. The ARC may adopt rules and regulations for its meetings and shall maintain a record of its recommendations.

Duties. The ARC shall perform all of the duties identified in Chapter 16.120 (Design Review) for those projects identified as being subject to the review of the ARC.

(Ord. 015-09 C.S., eff. 12-3-09)

§ 16.212.070 Community Development Director (Director).

Appointment. The Community Development Director (referred to in this Development Code as the Director) shall be appointed by the City Manager in compliance with the City Charter.

Duties and Authority. The Director shall:

Have the responsibility to perform all of the functions designated by State law (Government Code Section 65103—Planning Agency Functions);

Have the responsibility and authority to grant applications for all administrative permits and approvals issued by the Department;

Recommend changes to, or the adoption of, the City's CEQA Guidelines;

Review and approve or disapprove certificates of appropriateness based on the recommendation of the Cultural Heritage Board;

Provide support and professional advice to the Council and Commission;

Have the authority to defer action on a decision subject to the Director's authority and refer the application directly to the Commission;

10.

Certify, as representative of the Commission, that the Commission has approved or conditionally approved, or denied a tentative map;

11.

Review and make a determination on applications for tentative parcel maps;

12.

Review final maps and parcel maps for a specific project for conformity with the tentative map for that project and make a recommendation to the City Engineer;

13.

Review and make a determination of consistency, as the Review Authority, for site plan review;

14.

Review and make a determination of consistency, as the Review Authority, for design review for nondiscretionary projects and projects for which the Director is the Review Authority;

15.

Review and make a determination of General Plan consistency for projects subject to Section 65402 of the Government Code; and

16.

Perform other responsibilities assigned by the Council or Commission.

Delegation of Responsibilities. The responsibilities of the Director may be:

Delegated to a Department staff person or carried out by Department staff under the supervision of the Director; and

(Prior code § 16-710.070; Ord. 023-07 C.S. § 127)

§ 16.212.080 City Engineer.

The City Engineer shall be responsible for:

Establishing design and construction details, standards, and specifications;

The processing and certification of final maps, reversions to acreage, and amended maps;

Examining and certifying that final maps are in substantial conformance with the approved tentative map;

The approval of parcel maps and improvement agreements for subdivisions of four or fewer parcels;

Dedications and public improvements for single lot development;

The acceptance of:

Dedications and improvements for subdivision of four or fewer parcels, and

Off-site dedications lying outside a subdivision boundary, which are dedicated by separate instrument;

Approval of development improvement agreements and deferred improvement agreements for single lot development and for four or less parcels; and

Sign tentative maps based on the recommendation of the Development Review Committee.

(Prior code § 16-710.080; Ord. 023-07 C.S. § 128; Ord. 015-09 C.S., eff. 12-3-09)

§ 16.212.090 City Attorney.

The City Attorney shall be responsible for:

Approving, as to form, all subdivision improvement agreements, development improvement agreements, deferred improvement agreements, and other City documents; and

Provide legal advice and counsel to the City.

(Prior code § 16-710.090)

§ 16.212.100 Municipal Utilities Director.

(Prior code § 16-710.100)

§ 16.214.040 Procedures.

Address of the property for which the request is being made.

The current actual use of the property.

The basis for the claim that the individual, or individuals being served, is considered disabled under the Acts.

The Municipal Code provision, Zoning Ordinance provision, or other regulation or policy from which reasonable accommodation is being requested.

Additional information necessary for City staff to facilitate proper consideration of the request, consistent with the Acts.

Public Noticing and Public Hearing Not Required. A reasonable accommodation request does not require public notice or a public hearing.

(Ord. 2025-06-03-1601, 6/3/2025)

§ 16.214.050 Required findings.

The Director must make all of the following findings in order to approve or conditionally approve request for reasonable accommodation that will be consistent with the Acts.

The housing, which is the subject of the request, will be used by an individual defined as disabled under the Acts;

The request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts;

The conditions imposed, if any, are necessary to further a compelling public interest and represent the least restrictive means of furthering that interest; and

The denial of the reasonable accommodation request would conflict with any State or federal statute requiring reasonable accommodation to provide access to housing.

(Ord. 2025-06-03-1601, 6/3/2025)

§ 16.214.060 Conditions of approval.

(Ord. 2025-06-03-1601, 6/3/2025)

§ 16.214.070 Appeals, expiration, extensions, and revisions.

(Ord. 2025-06-03-1601, 6/3/2025)

§ 16.216.010 Purpose of chapter.

(Prior code § 16-720.010)

§ 16.216.020 State law.

Changes in the boundaries and organization of cities within the State are governed by the Cortese-Knox-Hertzberg Local Governmental Reorganization Act of 2000 (Government Code Section 56000 et seq.).

(Prior code § 16-720.020)

§ 16.216.030 Local Agency Formation Commission (LAFCO).

(Prior code § 16-720.030)

§ 16.216.040 Review Authority.

The review authorities for a boundary change and their role for each step are identified in Table 7-1 (Review Authorities).

TABLE 7-1 REVIEW AUTHORITIES FOR BOUNDARY CHANGES
Action	DRC	Commission	Council	LAFCO
Prezoning	——	Recommendation	Decision	——
Annexation/Detachment/ Reorganization and City Services Plan	Recommendation	——	Authorize Filing	Decision
Public Hearing (Protest Hearing)	——	——		Conducting Authority
Election	——	——		Conducting Authority

(Prior code § 16-720.040)

§ 16.216.050 Initiation.

Annexation, detachment, and reorganization proceedings with LAFCO may be initiated in the following manner:

Petition. An application submitted by petition directly to LAFCO (Government Code Section 56700).

(Prior code § 16-720.050)

§ 16.216.060 Criteria.

Any annexation to the City shall meet the following criteria:

Before consideration for annexation:

The proposed annexation site shall:

Be located within, or will be within, an urban service area boundary;

Conform to the existing General Plan diagram and General Plan policies or concurrently have an application pending for a General Plan amendment; and

Be prezoned, or the applicant shall have applied for prezoning.

The owner(s)/applicant(s) shall:

Have signed the City's annexation memorandum of understanding (MOU);

Have a specific project identified and have related discretionary applications filed (in the form of a tentative map, development agreement, or similar approval); and

Diligently pursue the project and provide annual status reports to the Director.

The proposed annexation site:

Cannot create any unincorporated islands within the City;

Shall not be under Williamson Act contract at the time of annexation or a notice of nonrenewal shall have been filed and recorded before the application for annexation is filed.

The proposed annexation site shall be considered and recommended for LAFCO approval using the following descending order of priorities:

County islands surrounded by existing City boundaries.

County peninsulas bordered by existing City boundaries.

Developed County land, which is adjacent to existing City limits.

Vacant County land, which is adjacent to existing City limits, proposed for the uses in the following order:

Commercial;

Industrial;

Institutional;