Fowler Municipal Code § 9-5.1714 Site Plan Approval

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Editor's note— The Downtown Form Based Code Area map has been deleted by direction of the City and is incorporated by reference herein and on file in the office of the City Clerk.

The Form-Based Code Area is intended to foster a vibrant town center through a mix of uses with shop fronts and commercial uses at street level, overlooked by canopy shade trees, upper story residences, and offices. The code regulates land development by setting controls on building form in order to achieve the vision for the community set forth in the Fowler General Plan.

This greater emphasis on physical form is intended to produce attractive and enjoyable public spaces complemented with a healthy mix of uses. Wherever there appears to be a conflict between the code and other sections of the Zoning Ordinance as applied to a particular development, the requirements specifically set forth in the code shall prevail. For development standards not covered by the code, other applicable sections in the Zoning Ordinance shall apply.

A. Lots/Blocks/Curb Cuts.

1. No block face shall have a length greater than four hundred (400) feet without an alley, common drive or access easement, or pedestrian pathway providing through-access to another street, alley or common access easement, or streetscape. Individual lots with less than seventy-five (75) feet of frontage are exempt from the requirement to interrupt the block face; those with over two hundred fifty (250) feet of frontage shall meet the requirement within their lot, unless already satisfied within that block face.

2. Curb cuts shall be limited to no more than one (1) per one hundred fifty (150) feet of street frontage.

B. Buildings.

1. The maximum building footprint shall be twenty thousand (20,000) square feet; beyond that limit a special exception is necessary.

2. Buildings along each block face shall present a new and discrete facade design at an average street frontage length of no greater than seventy-five (75) feet. Each facade composition shall include a functioning, primary entry. This requirement may be satisfied through the use of liner shops designed to specifically mask large foot print building facades. Individual infill projects on lots with frontage of less than one hundred (100) feet are exempt from this requirement.

C. Streetscape.

1. Street trees shall be planted at the time of development at an average spacing of no greater than thirty (30) feet on center (measured per block face). Where necessary, spacing allowances may be made to accommodate curb cuts, fire hydrants and other infrastructure elements. At no time may spacing exceed forty-five (45) feet on center.

2. Street lights shall be installed on both sides of streets along the street tree alignment line at intervals of not more than seventy-five (75) feet measured parallel to the street. At the time of development, the developer is responsible for the installation of street lights on the side of the streetscape being developed.

3. At the time of development, the developer is required to install sidewalks.

D. Parking. The goals for parking within the form-based code area are:

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Enable people to park once at a convenient location and access a variety of commercial and civic uses in a pedestrian friendly environment.

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Reduce inefficient, single-purpose on-site parking.

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Maximize on-street parking.

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Provide flexibility for the development or redevelopment of small sites.

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Promote projects that use flexible and creative incentives to reduce parking needs.

1. Parking standards are:

a. A minimum of three (3) spaces per one thousand (1,000) square feet of nonresidential Gross Floor Area (GFA) shall be provided. New on-street parking spaces created in conjunction with the development, that did not previously exist, may be counted toward the minimum requirement.

b. A minimum of 1.5 parking spaces per residential unit, of which a minimum of one (1) parking space per residential unit shall be covered.

c. Shared parking is encouraged and shall be approved by the Director as to location, time limits, or hours of the day. Shared parking shall be designated by appropriate signage.

2. Cross-access easements for circulation, pedestrian access, and parking purposes shall be required when feasible between separate parcels developed for commercial purposes.

3. Parking requirements may be met either on-site or within three hundred fifty (350) feet of the site to be developed.

4. Waiver of Off-Street Parking.

a. Off-street parking shall not be required in the Form-Based Code Area for buildings erected after the effective date of this chapter that front on Merced Street between Seventh Street and the alley between Fourth and Fifth Streets.

b. The number of required off-street parking spaces is reduced by fifty (50) percent in the within the area bounded by Tuolumne Street on the north, the Railroad on the west, a line parallel to and one hundred fifty (150) feet south of Main Street on the south, and Fifth Street on the north; plus the area bounded by a line parallel to and one hundred fifty (150) feet north of Merced Street on the north, Fifth Street on the west, a line parallel to and one hundred (100) feet south of Merced Street on the south, and the alley between Fourth and Fifth Streets on the east; plus the area bounded by a line parallel to and one hundred (100) feet north of Tuolumne on the north, Seventh Street on the west, Tuolumne Street on the south, and the alley between Sixth and Seventh Streets on the east.

The street-type specifications illustrate typical configurations for streetscapes. The City may adjust these if necessary for specific conditions (e.g., public squares and other similar areas). The specifications address vehicular traffic lane widths, curb radii, sidewalk, tree planting area, and on-street parking configurations. They also provide comparative pedestrian crossing distances.

Streets balance the needs of all forms of traffic, auto and pedestrian, to maximize mobility and convenience. Their character will also vary with location.

A. The standards for building envelopes are:

1. Buildings are aligned and close to the street. Buildings form the space of the street.

2. The street is an identifiable space, with consistent building forms on both sides. This configuration contributes to a clear public space and streetscape identity.

3. Public spaces are physically defined by buildings, walls, or fences. Land should be clearly public or private—in public view and under surveillance or private and protected.

4. Vehicle storage/parking, (other than on-street parking), garbage pick-up and mechanical equipment are kept away from the streetscape.

A. The following uses shall be permitted in the Form-Based Code Area:

1. Artisan shop;

2. Antique stores;

3. Bank, ATM, or financial institution;

4. Barber shops and beauty shops;

5. Book, magazine, and stationery stores;

6. Business support services;

7. Day care center: Child or adult;

8. Dare care center: Small or large family;

9. Drug stores;

10. Furniture and home furnishing stores;

11. Garden supply stores and nurseries provided all equipment, supplies, and merchandise, other than plants and mulches, shall be kept within completely enclosed buildings or under a lathed structure and provided, further, that fertilizer of any type shall be stored and sold in packaged form only;

12. General retail;

13. Grocery stores not exceeding one thousand five hundred (1,500) square feet of sales area;

14. Hardware stores;

15. Health, fitness club;

16. Locksmiths;

17. Museum;

18. Non-profit charitable institutions;

19. Offices—Business, professional, service, medical;

20. Parking lots;

21. Post offices, public and private;

22. School, public or private;

23. Studio: art, dance, martial arts, music, etc.;

24. Restaurant, café, coffee shop, not serving alcohol;

25. Variety stores not exceeding one thousand five hundred (1,500) square feet of sales area;

26. Video rentals and sales;

27. Other uses added by the Commission according to the procedure set forth in this article;

28. Incidental and accessory structures and uses on the same site as a permitted use.

(Ord. No. 2013-01, § 10, 9-3-2013; Ord. No. 2020-06, § 8, 11-17-2020)

A. The following uses shall be permitted, subject to the provisions of Article 24:

1. City, County, State, and Federal administrative offices, community buildings, libraries, and police and fire stations;

2. Electrical distribution substations, communication equipment buildings, gas regulator stations, and utility pumping stations;

3. Rental equipment, including trailers, trucks, and cars;

4. Incidental and accessory structures and uses located on the same site as a use permitted by administrative approval, or conditional use;

5. Sidewalk sales and use of the public right-of-way for the display and sales of merchandise, or for outdoor dining;

6. Park, playground;

7. Murals subject to Article 21;

8. Expansion or remodeling of an existing nonconforming use of a structure or land, up to fifty (50) percent or less of the value of the structure, or reestablishment of a nonconforming use that has been damaged, except nonconforming signs and outdoor advertising structures, nonconforming uses occupying a structure with an assessed valuation of less than one hundred dollars ($100.00), and nonconforming fences, walls, and hedges.

A. The following uses shall be permitted by CUP in the Form-Based Code Area (see Article 25):

1. Any use selling or serving alcohol, including liquor store;

2. Any commercial amusement use (indoor and outdoor);

3. Any permitted use having outside storage;

4. Automated car wash, including use of mechanical conveyors, blowers, and steam cleaning;

5. Automobile parts sales;

6. Automobile repair;

7. Banquet facilities, dance halls, social halls, private clubs and lodges;

8. Bed and breakfast;

9. Card rooms;

10. Churches and other religious institutions;

11. Drive through facilities;

12. Funeral home;

13. Grocery stores not exceeding ten thousand (10,000) square feet in sales area;

14. Laundromat, coin-operated laundry, and dry cleaning establishments; except that such uses are not permitted in the downtown area bounded by Fourth Street, Tuolumne Street, Golden State Boulevard, and Main Street;

15. Mixed use residential component;

16. Motels and hotels;

17. Motorcycle sales and service;

18. Multifamily dwellings, subject to the standards of the RM-3 district (including density greater than 21.78 units/acre);

19. Parking structure;

20. Self-service car wash;

21. Service stations, including service stations as part of a convenience store (gasoline);

22. Single family dwellings subject to the provisions of the R-1-5 district;

23. Smoking bars and hookah lounges;

24. Tobacco shops;

25. Theater, auditoriums, cinema, or performing arts;

26. Variety store not exceeding ten thousand (10,000) square feet.

(Ord. No. 2013-01, § 11, 9-3-2013; Ord. No. 2020-06, § 9, 11-17-2020)

A. Street trees are part of an overall streetscape plan designed to provide both form (canopy) and comfort (shade) to the streetscape. Street trees give special character and coherence to each streetscape. The desired aesthetic shall be achieved through the use of native/proven hardy adapted species.

B. Mechanical and electrical equipment including, but not limited to, air compressors, pumps, exterior water heaters, water softeners, private garbage cans (not including public sidewalk waste bins), and storage tanks may not be stored or located within any streetscape.

C. Building facades are the public "face" of every building. Owners are encouraged to place planters and window boxes with flowering plants and/or climbing vines within twelve (12) inches of the building facade.

D. The private, interior portions of the lots allow commercial operators to utilize these spaces as efficient working environments unseen by the public and allow residents to have private and semi-private (for apartment and condominium buildings) gardens and courtyards.

E. Each streetscape shall have street trees planted along the street tree alignment line (three (3) feet from the back of the curb) at an average spacing not greater than thirty (30) feet on center (measured per block face).

F. At planting, street trees shall be a minimum of twenty-four (24) inch box. Species shall be selected from the area street tree list.

G. Street trees shall be "limbed up" as they gain appropriate maturity so as to not interfere with pedestrian or truck travel (minimum seven (7) feet clear over the sidewalk and fourteen (14) feet over the travel lanes of the street).

H. For private parking lots, a minimum of fifty (50) percent of the parking surface shall be shaded at maturity of the trees.

I. At least one (1) tree per six hundred (600) square feet of the required paved area shall be planted along the rear and side yard areas not closer than five (5) feet to any common lot line. At planting, street trees shall be a minimum of twenty-four (24) inch box. Species shall be selected from the area street tree list.

J. Except for tree trunks, street lights, civic buildings, public art or monuments, there shall be a clear view between two (2) and eight (8) feet above grade. The foliage of newly planted trees may intrude into this area until the tree has sufficient growth to allow such a clear trunk height.

K. Sidewalks shall be a minimum of six (6) feet wide and shall be constructed to meet all City specifications.

L. Any unpaved ground area shall be planted with a combination of turf, groundcover, flowering vegetation, or climbing vines.

M. All turf grass must be sodded at installation.

N. In addition to the lot, the owner must maintain the portion of the streetscape between their lot line and the curb and the portion of the alley between the lot-line and the edge of pavement.

O. All landscaping shall be irrigated and maintained by the adjacent property owner or private property owners association.

A tree list for the Form-Based Code Area shall be developed to include street trees as well as other species that may be used for planting within a lot. The tree list shall contain native and acceptable adapted species. The use of alternate species may be permitted but only if approved by the Development Review Committee.

All development within the Form-Based Code Area shall be subject to the provisions of Article 16 and the standards contained herein. The architectural standards for the Form-Based Code establish a coherent character for the district and encourage a high caliber, lasting quality of development. Buildings must be reviewed by the Development Review Committee to verify that they meet the architectural standards.

These standards favor an aesthetic that is traditional in a broad sense. The standards also specify certain details, such as window proportions, roof or cornice configurations, shop fronts, and overhangs. The intent behind these standards is to foster a coherent and regionally appropriate community. While only materials, techniques, and product types prescribed here are allowed, equivalent or better practices and products are encouraged. They shall be submitted to the Director for review. Additional products may be added to the list on a case by case basis by the Director.

A. Building Walls (Exterior). Building walls should reflect and complement the traditional materials and techniques of the Central Valley. They should express the construction techniques and structural constraints of traditional, long-lasting, building materials. Simple configurations and solid craftsmanship are favored over complexity and ostentation in building form and the articulation of details.

1. Materials—The following materials are permitted:

a. Primary materials (seventy-five (75) percent of facade or greater):

i. Brick or tile masonry;

ii. Native stone (or synthetic equivalent);

iii. Hardie-Plank( equivalent or better siding;

iv. Stucco;

v. Metal (only as part of a unique architectural design and as approved by the DRC);

b. Accent materials (no greater than twenty-five (25) percent of facade):

i. Pre-cast masonry (for trim and cornice elements);

ii. Gypsum Reinforced Fiber Concrete (GFRC for trim elements);

iii. Metal (for beams, lintels, trim elements and ornamentation);

iv. Split-faced block (for piers, foundation walls and chimneys);

c. Wood siding and wood simulation materials:

i. Lap siding (horizontal) configuration;

ii. Smooth or rough-sawn finish (no faux wood grain);

iii. Brick, block and stone;

iv. Must be detailed and in an appropriate load-bearing configurations;

v. Stucco;

vi. Smooth or sand only, no roughly textured finish.

2. Murals painted directly on an exterior wall of a structure are encouraged as a decorative or ornamental feature in accordance with Article 21.

B. Roofs and Parapets. Roofs and Parapets should demonstrate recognition of the climate by utilizing appropriate pitch, drainage, and materials in order to provide visual coherence.

1. Materials: The following materials are permitted:

a. Clay or concrete (faux clay);

b. Tile (barrel or flat roman);

c. Slate (equivalent synthetic or better);

d. Metal (standing seam, equivalent or better);

e. Dimensional asphalt shingles;

f. Cornices and soffits may be a combination of wood, vinyl, and/or metal;

2. Pitched roofs:

a. Pitch (exclusive of roofs behind parapet walls);

b. Simple hip and gable roofs shall be symmetrically pitched between 4:12 and 10:12;

c. Shed roofs, attached to the main structure, shall be pitched between 3:12 and 8:12.

3. Overhangs:

a. Eaves must overhang eighteen (18) to thirty (30) inches on the primary structure.

b. Eaves and rakes on accessory buildings, dormers, and other smaller structures must overhang at least eight (8) inches.

c. Timber eaves and balcony brackets must be a minimum of four (4) inches by four (4) inches in dimension.

4. Parapet roofs (cornice and coping standards):

a. Allowed only for shop front colonnade and general frontage sites where the roof material is not visible from any adjacent streetscape.

5. Cornices and other features:

a. Buildings without visible roof surfaces and overhanging eaves may satisfy the overhang requirement with a cornice projecting horizontally between six (6) and twelve (12) inches beyond the building walls for the on the primary structure for the initial four (4) stories. For each additional story; six (6) inches shall be added to the minimum and twelve (12) inches shall be added to the maximum, up to a maximum projection of six (6) feet.

b. Skylights and roof vents are permitted only on the roof plane opposite the primary street or when shielded from Streetscape view by the building's parapet wall.

C. Windows and Doors. The placement, type, and size of windows and doors help to establish the scale and vitality of the streetscape. For commercial buildings, they allow interplay between the shop interiors and the streetscape. For residential streets, they foster the "eyes on the street" surveillance that provides for the security and safety for the area.

1. Materials: The following materials are permitted.

a. Windows shall be of anodized aluminum, wood, clad wood, vinyl, or steel.

b. Window glass shall be clear, with adequate light transmission. Specialty windows (one (1) per facade maximum) may utilize stained, opalescent, or glass block.

c. Window screens shall be black or gray.

d. Screen frames shall match window frame material or be dark anodized.

e. Doors shall be of wood, clad wood, or steel and may include glass panes.

2. The following requirements apply to all windows:

a. Windows shall be no closer than thirty (30) inches to building corners (excluding bay windows) unless otherwise prescribed.

b. Exterior shutters, if applied, shall be sized and mounted appropriately for the window (one-half the width), even if inoperable.

3. The following apply to shop front (ground floor) windows and doors:

a. Single panes of glass not larger than eight (8) feet in height by four (4) feet wide.

b. A minimum of sixty (60) percent of the window pane surface area shall allow views into the ground floor of the building for a depth of at least fifteen (15) feet.

c. Windows shall not be made opaque by window treatments (excepting operable sunscreen devices within the conditioned space).

4. Doors:

a. Double-height entryways that span more than one (1) story are not allowed.

b. Doors shall not be recessed more than three (3) feet behind the shop-front windows and, in any case, shall have a clear view and path to a forty-five-degree angle past the perpendicular from each side of the door.

A. Signs shall be as permitted in Article 22.

A. When an awning or overhang is incorporated into a building, the following requirements must be met:

1. Minimum ten (10) feet clear height above sidewalk, minimum six (6) feet depth extending out from the building facade (maximum to curb or tree-planting strip, whichever is closer).

2. Canvas cloth or equivalent (no shiny or reflective materials), metal or glass.

3. No internal illumination through the awning/overhang.

4. Lettering on awnings limited to six (6) inches tall on vertically hanging fabric at curb side of awning.

A. The following standards shall apply for lighting and mechanical equipment:

1. Street Lights: A "historical-type" (or other Street Light as the City may specify) shall be used in the Form-Based Code Area.

2. At the front of the building, exterior lights shall be mounted between six (6) feet and fourteen (14) feet above adjacent grade.

3. All lots with alleys shall have lighting fixtures that illuminate the alley and shall not cause glare in adjacent lots.

4. Floodlighting shall not be used to illuminate building walls (i.e. no up-lighting).

5. No flashing, traveling, animated, or intermittent lighting shall be visible from the exterior of any building whether such lighting is of temporary or long-term duration.

6. Air compressors, mechanical pumps, exterior water heaters, utility and telephone company transformers, meters or boxes, garbage cans, storage tanks, and similar equipment shall not be stored or located within any area considered streetscape under this code.

7. Roof mounted equipment shall be screened from view from the streetscape.

All development within the Form-Based Code Area must receive Site Plan approval prior to the issuance of a building permit in accordance with requirements of Article 26.

Commercial projects within the Form-Based Code Area shall be subject to the design review provisions of Article 16.