Chapter 17.22 — MIXED USE ZONING DISTRICTS

This chapter lists the uses of land that may be allowed within the mixed use zoning districts established by Section 17.10.020 (Zoning Districts Established), determines the type of land use permit/approval required for each use, and provides basic standards for site development.

(Ord. No. 1869, § 2, 2-20-2013)

The mixed use zoning districts are intended to provide for a range of uses, emphasizing high quality development, and to encourage revitalization of existing land uses. The purpose of the individual mixed use zoning districts and the manner in which they are applied are as follows:

A.

DMU (Downtown Mixed Use) District. The DMU zoning district is applied to the downtown area, and is intended to allow for a broad range of commercial land uses primarily located on the ground floor. Residential uses may also be allowed in this district. The maximum FAR is 3.00. The DMU zoning district is consistent with the downtown mixed use land use designation of the general plan.

B.

MCE (Mixed Use Center) District. The MCE zoning district is applied to the new mixed-use neighborhood centers in the new growth areas of the general plan. This category provides for a variety of residential, office, neighborhood commercial and public uses. The maximum FAR is 1.0. The MCE zoning district is consistent with the mixed use center land use designation of the general plan.

C.

MCO (Mixed Use Corridor) District. The MCO zoning district is applied along the city's major corridors: Kettleman and Cherokee lanes and Lodi Avenue. This category provides for a variety of office and general

commercial uses, as well a low-, medium-, and high-density residential. The maximum FAR is 1.2. The MCO zoning district is consistent with the mixed use corridor land use designation of the general plan.

(Ord. No. 1869, § 2, 2-20-2013)

Table 2-8 identifies the uses of land allowed by this development code in the mixed use zoning districts, and the land use permit required to establish each use, in compliance with Section 17.12.030 (Allowable Land Uses and Permit Requirements).

Note: Where the last column in the tables ("specific use regulations") includes a section number, the regulations in the referenced section apply to the use; however, provisions in other sections of this Development code may also apply.

Notes:

(1) Structures in the MCO district that were permitted as single-family residential dwellings at the time of their construction and that were in existence as of January 1, 2020, are considered legal residential uses. Such structures may be converted to other uses allowed in the MCO zoning district, and converted back to single-family residential uses, after January 1, 2020.

(2) Upper floors only in DMU district fronting School Street (Section 17.22.050).

(Ord. No. 1869, § 2, 2-20-2013; Ord. No. 1914, § 1, 9-2-2015; Ord. No. 1977, § 4, 5-20-2020; Ord. No. 2022, § 3, 1-17-2024; Ord. No. 2030, § 3, 3-19-2025)

17.22.040 - Mixed use zoning districts general development standards.

Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Table 2-9, in addition to the applicable development standards (e.g., landscaping, parking and loading, etc.) in Article 3, (Site Planning and General Development Standards).

TABLE 2-9

Mixed Use Zoning Districts General Development Standards

Notes:

(1) None required except: When adjacent to a res. zone boundary where a min. of ten feet is required. For buildings over two stories, twenty feet is required.

(Ord. No. 1869, § 2, 2-20-2013)

17.22.050 - Downtown mixed use design guidelines.

A.

Purpose. A vital component to the revitalization strategy adopted for the downtown area was to create and establish land use policies and design guidelines that build on the existing palette of architectural forms and building materials. A primary purpose of the downtown mixed use design guidelines is to ensure that high quality design is maintained for all new construction and rehabilitation projects within the district. The guidelines are intended to encourage individual creativity of project designers while respecting the needs of the individual owner and user. The guidelines are intended to: create a distinctive and cohesive image for downtown Lodi; assure that all new development, rehabilitation and improvements give consideration to quality design in architecture and site planning; protect and enhance property values and investment; and provide consistency and compatibility within the downtown. The development standards and design guidelines promote buildings and renovations that strengthen the existing "Main Street" character of the downtown area and enhance a pedestrian-oriented retail and entertainment niche. Among other things, they require buildings to help shape the street as a pedestrian space.

B.

Applicability.

1.

The downtown mixed use design guidelines shall apply to all of the properties designated as downtown mixed use in the general plan. The design elements of each project (including site design, architecture, landscaping, signs, parking design) will be reviewed on a comprehensive basis.

2.

The downtown mixed use guidelines augment other sections of the development code. When an issue, condition or situation occurs which is not covered or provided for in the design guidelines, the regulations of the development code that are most applicable to the issue, conditions or situation shall apply. In the event that the provisions of the design guidelines are in conflict with other sections of the development codes, the provisions of the design guidelines shall prevail.

C.

Development Standards. Development standards address those aspects that are essential to achieve the goals of the concept plan. They are specifications for building design and site development such as height, setbacks, and permitted uses. Standards are required minimums or benchmarks that all projects must adhere to.

1.

Land Use. Successful downtowns involve uses that generate activity. These uses can populate the streets, create excitement, increase safety and reinforce downtown as an important destination. Among the uses that contribute to this activity are specialty retail shops, eating and drinking establishments, and entertainment facilities.

The importance of the downtown can also be enhanced by emphasizing the mixture and intensity of uses that occur, including housing and office uses. This is particularity true for vertical mixture with residential and offices above the first floor.

a.

Permitted Ground Level Uses—School Street Frontage.

i.

Retail: All uses except drive-up or drive-in services.

ii.

Eating and Drinking Establishments: Including those serving alcoholic beverages, provided this service is clearly ancillary to food service; drive-up or drive-in restaurants not permitted.

iii.

Personal Services: Hair and nail salons, shoe repair, laundromats, dry cleaners, and similar businesses.

iv.

Business Services: Are storefront businesses that generate foot traffic, such as photocopy shops, photofinishers, video rental and sales, travel agencies, appliance repair, print shops, insurance agencies, or real estate agencies, financial institutions, and public utilities.

v.

Nightclubs: Including establishments providing entertainment or permitting dancing, and establishments serving alcoholic beverages not ancillary to food service. (Above uses may require a conditional use permit as required by the Lodi Municipal Code).

vi.

Other Business or Service Establishments: If determined by the community development department staff to be of the same general character as those uses listed herein and above.

b.

Permitted Uses: All Other street Frontages and Upper Level School Street Frontage.

i.

All permitted uses listed above.

ii.

Drive-through establishments.

iii.

Professional offices.

c.

Upper Level Uses Subject to a Conditional Use Permit.

i.

Clubs and lodges.

ii.

Residences.

iii.

Other service establishments if determined by the city to be of the same general character as listed therein and above.

Building Height and Setbacks.

a.

Height: As measured from sidewalk to top of cornice, parapet, or to eave line of peaked roof shall be as follows:

i.

Maximum Building Height: Six floors and seventy-five feet.

ii.

Minimum Height: Twenty feet top of parapet or eave.

iii.

Accessory Buildings: May be twelve feet in height if set back ten feet or more from side and rear property lines.

b.

Front Setbacks: The first and second floors of all building shall be built-to and parallel with the front property line, with the following exceptions:

i.

Mid-Block Buildings: Between existing adjacent structures shall be no closer to the street than the adjacent building closest to the street, and no farther than the adjacent building farthest back from the street.

ii.

Corner Buildings: Shall be built to both right-of-way lines in order to frame the intersection. Exceptions are:

•

The corner may be "cut back" up to six feet to create a diagonal at the ground level and/or at upper levels.

iii.

Special Architectural Features: Bay windows, turrets, decorative roofs, and miscellaneous entry features excluding awnings or canopies:

(A)

May project no more than three feet over property lines, and must be no less than twelve feet above the highest point in the sidewalk over which they project;

(B)

The maximum width of a recessed entry shall be one-third the length of the building's street frontage.

c.

Side Setbacks: New buildings may be built to both side property lines, and must be built to at least one side property line. Should a side of the building be set back from a side property line:

i.

Minimum: At least four feet shall be provided for an access passage.

ii.

Street Exposure: Side setback areas must be screened from the street and sidewalk by a decorative gateway, fence, wall, or row of piers (see design guidelines).

d.

Rear Setbacks: New commercial buildings may be built to the rear property line, except when:

i.

Adjacent to Single Family Residential Areas.

(A)

First and second floors shall be set back a minimum of ten feet from the rear property line;

(B)

Third floors must be set back a minimum of twenty feet from the rear property line;

3.

Parking, Access and Landscaping.

a.

Parking: Off-street parking shall be provided pursuant to the requirements of the Lodi Municipal Code. In consideration of shared parking, location and demand, parking in the downtown may be reduced or waived at the discretion of the community development director.

b.

Site Access.

i.

Pedestrian access to storefronts shall be provided from the street and/or side street to the main building entrance; i.e. pedestrian access to building entrances shall not be restricted to parking lots.

ii.

Vehicular Access: No new curb cuts shall be installed on School Street. Shared parking arrangements are encouraged to reduce the need for new curb cuts. Where curb cuts are necessary:

(A)

Location shall be on side streets where accessible:

(B)

Maximum width shall be sixteen feet for a one-way driveway and twenty-five feet for a two-way driveway.

iii.

Service access from rear alleys or side streets shall be preserved and enhanced wherever possible. Trash and loading areas shall not be visible from the street and shall be screened from view from side streets and from properties to the rear.

c.

Landscaping and Screening.

i.

Parking areas shall be planted with shade trees at a ratio of one tree for every three spaces. A minimum of five feet of landscaping shall be provided between the parking area and street right-of-way.

ii.

The perimeter of parking areas and driveways adjacent to streets and sidewalks shall be screened with an attractive landscape hedge, berm, low wall, fence, or line of bollards a minimum of thirty inches and a maximum of thirty-six inches in height.

iii.

Adjacent to Designated Residential Areas: Attractive screen fencing or decorative masonry or walls shall be provided along the property line to screen buildings, service areas, and parking areas.

(A)

A six-foot wide planting area shall be established on the commercial side of the fence or wall with shade tree planting at a minimum spacing of twenty feet on center.

(B)

Fences and walls not adjacent to streets or sidewalks shall be a minimum of six feet in height and a maximum of eight feet in height.

iv.

Trash and Service Equipment: Including satellite receiving dishes, shall be located away from streets and enclosed or screened by landscaping, fencing or other architectural means.

D.

Design Guidelines. Design Guidelines are Discretionary. They are intended to illustrate and simplify the appropriate development and renovation concepts in terms of more subjective considerations, such as character or design details. The guidelines are not intended to be an exhaustive list of strict standards, but rather, statements to encourage improvement which is sensitive to the downtown. They also serve as criteria for design review by city staff and the site plan and architectural review committee (SPARC). No particular architectural style is prescribed.

1.

Building Composition: Every building should have a base, a clear pattern of openings and surface features, a recognizable entry, and an interesting roofline.

2.

Storefronts: Are like small buildings with their own base, "roofline", and pattern of window and door openings

a.

Base: Panel of tile or other special material is recommended below display windows. Materials recommended for walls are generally suitable. Base materials should be the same or visually "heavier" materials than walls.

i.

Brick should be used as the main wall surface.

ii.

Ceramic tile is frequently used as a storefront base. Dark tile with light stucco is an effective combination. Different colors and sizes of tile may be used for a decorative effect.

b.

Display Windows. Large pane windows encompassing a minimum of sixty percent of the storefront surface area are recommended. Where privacy is desired for restaurants, professional service, etc., windows should be divided into smaller panes. Tinted windows may be used. (Refer to glazing section).

c.

Transom windows are horizontal panels of glass between the storefront and second floor. They are a traditional element of "main street" buildings, and are recommended for all new or renovated storefronts. Transom windows can be good locations for neon, painted-window, and other relatively non-obtrusive types of signs.

d.

Recessed entries are recommended as another traditional element of the main street storefront. Recommended treatments include:

i.

Special paving materials such as ceramic tile;

ii.

Ornamental ceiling treatments, such as coffering;

iii.

Decorative light fixtures.

e.

Doors should be substantial and well-detailed. They are the one part of the storefront that patrons will invariably touch and feel. They should match the materials, design and character of the display window framing. Door styles six inches or less are not recommended.

f.

Cornices should be provided at the second floor (or roofline for a one-story building) to differentiate the storefront from upper levels of the building to add visual interest, and to allow the storefront to function as the base for the rest of the building.

g.

New or renovated storefronts within existing buildings should emulate or re-create a previous store front (from historic photos or drawings) in order to harmonize with the overall building architecture.

3.

Building increments storefronts and/or building bays should be approximately twenty-five feet in width. Buildings with a longer frontage should have a vertical architectural feature-column, pilaster, etc. every twenty-five feet.

a.

Pattern of features windows, wall, panels, pilaster, building bays, and storefronts should be based on a module derived from the building's structural bay spacing. Features based on this module should be carried across windowless walls to relieve blank, uninteresting surfaces.

b.

Building entrances should be prominent and easy to identify.

i.

Spacing entries to shops or lobbies should be spaced a maximum of fifty feet apart.

ii.

Main building entrance should be easily identifiable and distinguishable from storefronts:

(A)

Marked by a taller mass above, such as a tower, or within a volume that protrudes from the rest of building surface;

(B)

Located in the center of the facade, as part of a symmetrical overall composition;

(C)

Accented by architectural elements, such as columns, overhanging roofs, awnings, ornamental light fixtures.

iii.

Prominent corner entrances for shops or other active uses should be provided by corner buildings.

c.

Roofs and rooflines should provide visual interest and complement the overall facade composition.

i.

Parapet walls are recommended; they should have a distinct shape or profile, e.g. a gable, arc, raised center.

ii.

Accent elements such as flags, cut-out openings, grilles and latticework, ornamental medallions or building numbers are also recommended.

iii.

Mechanical equipment on rooftops should be screened, preferably behind a parapet roof. Latticework, louvered panels, and other treatments that are compatible with the building's architecture may also be appropriate.

4.

Special architectural features such as gables and tower elements, should be used to accent buildings at major street corners and other highly-visible locations. A cut into the building mass, such as a diagonal at a corner building, or a notch for a grand building entry, can also be effective.

5.

Side and rear building facades should have a level of trim and finish compatible with the front facade or an architectural mural, particularly if they are visible from streets, adjacent parking areas or residential buildings.

6.

Wall Treatments: If the building mass and pattern of windows and doors is complex, simple wall surfaces are preferable (e.g. stucco). If the building volume and the pattern of wall openings is simple, additional wall texture and articulation should be employed (e.g. bricks or blocks). In both cases, pilasters, columns, and cornices should be used to add visual interest and pedestrian scale.

The selection and placement of materials on the exterior of a building is important in providing an attractive design. Material change should occur on different planes in order to appear more substantial and integral to the design of the elevation. Change should occur where architectural elements intersect, such as a pilaster or projection. The number of materials on the exterior elevation should be limited to prevent visual overload. Materials should have a traditional or logical application. Heavy materials should appear to hold up lighter materials.

a.

Brick: Full size brick veneer is preferable to brick tile. Brick veneers should be mortared to give the appearance of structural brick. Brick tile applications should use wrap-around corner and bullnose pieces to minimize a veneer appearance.

b.

Brick Veneers: Are appropriate as a special material for wall panels or sills in combination with other materials, such as brick or concrete.

c.

Poured-In-Place Concrete: Options in terms of formwork, pigments, and aggregates should be explored to create rich surfaces. Accents such as ceramic tile are recommended for decorative effect.

d.

Concrete Block: Concrete block is available in various sizes, surface textures, and colors. Decorative treatments, such as alternating, courses of differing heights, should be used. Stack bond, plain gray concrete block is not recommended

e.

Ceramic tile is recommended as an accent material.

f.

Stucco integral coloring should be used for lower maintenance and wear.

g.

Not Recommended:

i.

Simulated finishes such as artificial stone or metal cladding.

ii.

Wood shingles and shakes: Vertical board and batten, shingles, shakes, are not recommended; they have a rural/residential character.

iii.

Plywood siding. (Includes T-111 siding)

7.

Windows are an important element of building composition and an indicator of overall building quality.

a.

Window/Wall Proportion: In general, upper stories should have a window to wall area proportion (typically thirty to fifty percent) that is smaller than that of ground floor storefronts.

b.

Window openings should generally be vertical or square in shape; if square, windows and/or window panes should be vertical in shape.

c.

Window inset glass should be inset a minimum of three inches from the exterior wall surface to add relief to the wall surface; this is especially important for stucco buildings.

d.

Shaped frames, sills and/or lentils should be used to enhance openings and add additional relief. They should be proportional to the glass area framed; e.g. a larger window should have thicker framing members.

e.

Muntins "true divided light" windows or sectional windows are recommend where a divided window design is desired; where "snap-in" muntins are used, they must be both sides of the glass.

f.

Glazing: Clear glazing is strongly recommended. Reflective glazing should not be used. If tinted glazing is used, the tint should be kept as light as possible; green, gray, and blue are recommended.

g.

Replacement/renovation: Wood windows should be replaced with wood windows of the same operating type (e.g. double-hung, casement, etc.). Vinyl covered wood windows are available for lower maintenance. If aluminum replacement windows or doors are used, they should be:

i.

Same operating type and orientation as the original windows (e.g. do not replace a double-hung window with a horizontal sliding window).

ii.

Factory painted or fluorocoated to match the original; color anodized is also acceptable.

iii.

Similar in size and thickness to the original frame and muntins.

8.

Roofs should match the principal building in terms of style, detailing and materials. They should also contribute expressive and interesting forms that add to the overall character of the district. Recommended types are:

a.

Tar and gravel, composition, or elastomeric roofs should be screened by parapets or false-front sections of sloping roofs.

b.

Clay, ceramic or concrete tile: Colorful glazed ceramic tiles are recommended for decorative roof shapes, such as parapets, domes, and turrets.

c.

Metal seam roofing should be anodized, fluorocoated or painted. Copper and lead roofs should be natural or oxidized.

9.

Canopies, Awnings, and Other Building-Mounted Accessories.

a.

Awnings are Recommended. They should be a colorful fabric mounted over a metal structural that is framed and attractive in design. Fabric awnings are generally preferable to permanent canopies. Internally illuminated vinyl awnings are not acceptable.

b.

Trellises and canopies materials, colors, and form should be derived from the building architecture.

c.

Height and projection trellises, canopies and awnings should be a minimum of eight feet above the sidewalk. They should project no more than two feet from the face of curb, depending upon the width of the sidewalk.

d.

Placement of trellises, canopies and awnings should be above the display windows and below the storefront cornice or sign panel. They should not cover pipes, pilasters, clerestory windows or other architectural features. Individual awnings accents and complements the building more effectively than one continuous awning.

e.

Accessories colorful banners should be used to add variety to the street. Ornamental brackets and poles add further interest. Hanging flower or plant baskets suspended from ornamental brackets of metal or wood are recommended for storefronts.

10.

Color: In general, drab earthtones should not be used. Building wall color should contrast trim colors; for example, neutral or light walls with dark colors and saturated hues for accent and ornamental colors; white or light window and door trim on a medium or dark building wall. Colors of adjacent buildings should be taken into consideration.

a.

Secondary color (like a wainscot), pilasters, cornices, capitals, and bands.

b.

Bright colors should be used sparingly. Typical applications are fabric awnings and banners. A restrained use of bright colors also allows display windows and merchandise to catch the eye and stand out in the visual field.

E.

Additions, Renovations and Restorations. Changes to the commercial environment will most likely take place in the form of renovation or restoration. As uses change and remodeling projects are proposed, owners are encouraged to upgrade their property in a manner consistent with the character of the downtown. One of the most effective ways to attract attention and encourage shopping is to create an attractive, well designed storefront and building entry. Many buildings in Downtown Lodi have distinctive architectural qualities that make important contributions to the visual character. These qualities could be improved or emphasized to the benefit of the entire area.

Sensitive alteration or restoration of existing buildings enhances their historic value. To ensure proper work, the services of an architect specializing in restoration and preservation work are highly recommended.

1.

Additions and alterations should be sensitive to the scale and character of storefront areas in general, of adjacent buildings, and of the building itself. Generally, they should reflect one of the following conditions:

a.

Identical to the architecture of the original building, as if the same architect or builder built more of the same building. This is usually most successful and feasible where the addition is smaller than the original building.

b.

Interpretation of the older building (and/or other adjacent buildings). The older building is not imitated exactly, but certain characteristics are copied using contemporary materials and construction practices. This is most successful where the addition is larger than the older building. Some of their "contextual" strategies are:

i.

Architectural lines and rhythms of older buildings are extended to the new building; such as floor and cornice heights, window and bay spacing,

ii.

Colors and materials are selected to coordinate and harmonize between the old and new structures.

iii.

Small elements may be identical on both buildings to link them; window and door trim, paint colors, signs, light fixtures, etc.

2.

Restorations: Restoring the original form and appearance of old buildings is recommended. Many "modernization's" of 19th and early 20th century storefront buildings cover fine facades and other architectural features that can be restored. Paint, covered, or blocked-in clerestory windows are common, as are upper stories that have been plastered over or covered with metal fascia or awnings.

3.

Repair and Cleaning: Care should be taken to avoid damaging the value of historic buildings. In particular:

a.

Masonry materials such as concrete and brick should not be sandblasted, as this damages the surface of the material; low-pressure water cleaning should be used instead. Sealers for waterproofing should be used after cleaning and repair.

Replacement of Unavailable Components: When historic construction materials cannot be replaced or matched, care should be taken to match the original pattern, thickness, color, and texture as closely as possible with available materials. In general, simulated replacement materials (artificial stone, simulated "aged" brick) are discouraged. The restoration architect and various specialty building supply businesses can assist in the selection of proper materials.

F.

Lighting. Building and accent lighting in the downtown is an effective mechanism to attract attention to a structures details and the business as well. Further, lighting shall be used for parking areas, passageways and sidewalks.

1.

Area lighting sources for illuminating sidewalks passageways, parking, and rear and side yard areas:

a.

Shall be shielded from casting light onto adjacent properties. They shall not cast light directly into adjacent residential windows. A translucent or optical lens diffuser globe or shield is recommended.

b.

Maximum mounting height of light sources for ground level illumination shall be sixteen feet, measured from the finished grade of the area to be lit; height must be eighteen feet at minimum if extending over a roadway surface.

2.

Ornamental fixtures not used as primary area lighting and mounted with visible light sources:

a.

With clear or no diffuser individual lamp wattage should not exceed sixty watts incandescent, twenty watts fluorescent, or forty watts high intensity discharge (H.I.D., such as metal halide, high pressure sodium, or mercury vapor lamps).

b.

With frosted or optical (fresnel type) light fixture diffuser individual lamp wattage may not exceed one hundred watts incandescent, forty watts fluorescent, or seventy watts H.I.D.

3.

Commercial Areas. The following recommendations are intended to promote an attractive nighttime pedestrian environment. They apply to lighting installations by either the private or public sector:

a.

Specialized Professional Assistance. A good lighting design can make both tenant businesses and buildings highly recognizable and attractive by night, and contribute to the district's distinctiveness. The services of a lighting designer are highly recommended, as such a specialist can demonstrate and provide the best effect within a specified budget.

b.

Lighting Design.

i.

Use the minimum brightness for illumination of large areas.

ii.

Use brighter light to punctuate and accent important areas such as entries and special architectural features.

c.

Recommended lamp color/types. Color corrected ("white") high pressure sodium (HPS); color corrected (three thousand degrees K); incandescent.

d.

Lamps not recommended. Standard ("peach") high pressure sodium, low.

e.

Metalwork. Portions of lighting should be architecturally related to the building architecture. The color and finish of lighting metalwork should match the building's metalwork, if any.

f.

Recommended globes. Clear borosilicate glass globes; clear acrylic or polycarbonate globes with optical diffusing (fresnel) patterns; translucent clear (frosted) or white acrylic or polycarbonate globes.

(Ord. No. 1869, § 2, 2-20-2013)

17.22.060 - Mixed use center design guidelines.

A.

Purpose. The mixed use center design guidelines are intended to provide clear and useful recommendations for the design, construction, review, and approval of mixed use center development in the city of Lodi. Mixed use center development will play a vital role in creating neighborhoods centers where people can walk between home, work, shopping, and recreation. This chapter will help ensure that new projects will be well designed, uphold the city's vision, and contribute to the quality of the public realm.

B.

Applicability.

1.

The design guidelines in this chapter apply to the three sites designated as mixed use center in the general plan. The design elements of each project (including site design, architecture, landscaping, signs, parking design) will be reviewed on a comprehensive basis.

2.

The review authority may interpret these design guidelines with some flexibility in their application to specific projects, as not all design criteria may be workable or appropriate for each project. In some circumstances, one guideline may be relaxed to facilitate compliance with another guideline determined by the review authority to be more important in the particular case. The overall objective is to ensure that the intent and spirit of the design guidelines are followed.

C.

Site Planning.

1.

Require all development at sites designated mixed use center to provide a mix of commercial uses, while allowing residential uses, to create a "node," typically centered around a plaza, or "a central street," with a minimum of ten percent of the land area devoted to non-residential land uses, to create pedestrian vitality in the core area. Allow a range of other supportive commercial uses, such as medical, dental, and realestate offices, as well as community facilities.

2.

Require each core (minimum parcel size of fifteen acres) to have at least one plaza or other satisfactory gathering space along the central street that enables gathering and promotes a sense of neighborhood identity.

3.

Block lengths within mixed use center areas shall not exceed four hundred feet.

D.

Building Placement.

1.

Buildings shall be constructed near or along the front property line(s). A "zero setback" from the front property line(s) is encouraged.

2.

Variations in the zero setback from the property line(s) may be appropriate when the resulting setback provides greater accommodation for pedestrian circulation, sidewalk dining areas, enhanced entries, and improves the pedestrian realm.

3.

When a front setback is necessary, a majority of the setback shall be hardscaped with limited landscaping to accommodate uses that keep the public realm active, such as outdoor dining and seating.

4.

Require that any office uses in mixed use center front along the street edge with minimal setbacks.

E.

Building Orientation.

1.

The main pedestrian access point to the building shall be located along the facade that is oriented to the primary street.

2.

Buildings on corner lots shall have the primary entry facing the intersection. Corner entries help create an active public realm and reinforce significant street and sidewalk intersections.

3.

Entries that face the primary street shall be directly connected to the street's sidewalks. Secondary and residential entrances can be connected to interior courtyards and parking lots.

4.

The most active ground floor uses such as storefronts, lobbies, and restaurant dining areas shall front the public sidewalk. Private amenities, such as courtyards, that are not accessible to the public shall be located within the project site or on upper floors and not along the street.

5.

For buildings sited on less significant intersections, such as a major arterial and a collector, at least fifty percent of the side street ground floor elevation shall include storefront design features.

F.

Building Design and Architecture.

1.

Building Organization and Frontage.

a.

In mixed use centers the development of a complex of buildings is preferable to a single large structure because the varied massing provides visual interest and human scale. Additionally, the spaces created between the various buildings provide opportunities for pedestrian plazas, courtyards and other outdoor gathering areas.

b.

Building plans, facades, and architectural details shall create visual interest at the street level (e.g., staggering the frontage of the building, recessing doors and windows, providing awnings and canopies for weather protection and scale, and visually extending interior spaces outside through paving and glazing to create the concept of an indoor/outdoor room, etc.).

c.

Projects located at intersections shall ensure the design treatments are continued around the corner.

d.

Development located at signalized intersections of major streets shall be encouraged to include pedestrianoriented, community serving commercial uses such as a bookstore, coffee shop, or local market.

2.

Articulation.

a.

Buildings shall be articulated to reflect a small-scale street frontage rhythm, with building bay widths of approximately twenty-five to fifty feet.

b.

Where multiple-tenant spaces are incorporated into a building, individual tenant spaces shall be located within the building bays. This can be achieved by any of the following:

i.

Placing a column, pier or pilaster between facade elements.

ii.

Applying vertical slot or recess between facade elements.

iii.

Providing variation in plane along the building wall.

iv.

Varying the building wall by recessing the storefront entrance or creating a niche for landscaping or pedestrian area.

c.

Primary building entries shall be accented with strong architectural definition.

d.

Mixed use buildings shall be designed with a distinct "base", "middle", and "top" to create a human-scaled public realm. Elements that are recommended to articulate a building's facade include:

i.

Design details for the top of a building, including cornice lines, parapets, eaves, brackets and other detailing.

ii.

Design details for the body, or middle, of the building including windows, awnings, trellises, canopies, alcoves, balconies, pilasters, columns, decorative lighting and window boxes.

iii.

Design details for the base of a building, including recessed entry areas, covered outdoor areas and alcoves.

e.

The proportion and placement of windows on upper floors shall be designed to look different from the windows on the ground floor.

f.

Awnings are encouraged, and if used, should be provided over each storefront of buildings with multiple storefronts. These awnings should be located within the individual structural bays and should not hide architectural detailing.

g.

Awnings on multi-tenant buildings should be the same color and style and should be consistent with the character and design of the building.

h.

In order to promote active, pedestrian-friendly streets, each individual tenant or business establishment and residential lobbies shall be oriented to and accessible from the major street frontage and directly accessible from the public sidewalk.

i.

Rear walls and elevations visible from the public right-of-way shall be designed to maximize visual appeal by using vertical and horizontal wall plane breaks.

3.

Roofs.

a.

Roofs should be compatible with the architectural style of the building.

b.

The roof shape should reflect the configuration of the building's mass and volume, and should be consistent in its character from all vantage points.

c.

Sloping roof forms are encouraged.

d.

The visible portion of sloped roofs shall be sheathed with a roofing material complementary to the architectural style of the building.

e.

All buildings shall provide cornice or parapet detailing in order to delineate a strong roofline along the primary facades.

f.

Cornices and horizontal bands of genuine materials, such as wood trim rather than foam are strongly encouraged.

g.

False fronts, applied mansard forms and other artificial rooflines that are not an integral component of the architectural design should be avoided.

4.

Building Materials.

a.

A well-defined building "base" (i.e., ground floor) provides scale and articulation at the pedestrian level. The "base" shall consist of traditional thicker walls along with high quality, durable, and easy to clean materials and finishes. Special materials (e.g., granite, marble, polished stone, and other metal panels) shall be utilized as accent materials on the building's "base."

b.

Upper floors that are less prone to potential vandalism shall utilize high quality finish materials of traditional mixed-use projects (e.g., brick veneer, smooth troweled stucco, etc.).

c.

Materials and colors shall be selected to unify the building appearance and fit into the pedestrian context. Avoid overly vibrant colors and/or monochromatic color palettes.

d.

Awning materials should be compatible with the overall design and character of the building. The use of fabric awnings is encouraged. The use of vinyl and plastic awnings is discouraged.

5.

Windows.

a.

Windows shall be large glazed panels, possibly with small upper transoms. Window patterns shall have a slight inset and not appear flat. Glass shall be clear (eighty-eight percent light transmission) and not heavily tinted so as to provide views into active spaces or window displays.

b.

A minimum of sixty percent of linear store frontage at the street facade should be used for the display windows and evenly distributed. False fronts or windows should not be included that are not integral components of the building.

c.

Windows on the upper floors shall be smaller in size than storefront windows on the first floor and shall encompass a smaller proportion of facade surface area.

d.

Upper story windows shall be detailed with architectural elements, such as projecting sills, molded surrounds and/or lintels.

e.

Where unique use or occupancy requirements preclude the addition of windows, such as theaters or parking structures, exterior walls shall be designed to provide architectural relief or shall be screened by landscaping and pedestrian amenities, such as trellises, benches or shade structures.

f.

To ensure and protect the privacy of residents in adjacent single-family homes, windows in mixed-use projects facing single family residences within fifteen feet of the property line, shall be carefully arranged.

Examples of privacy options include translucent or louvered windows, offset window patterns, and locating windows five-feet above the floor level.

G.

Plazas.

1.

Plazas shall incorporate high quality paving materials, such as stone, concrete or tile. The paving shall complement the adjacent public streetscape elements.

2.

Plazas should be visible from public streets and the pedestrian network and accessible from the building as well as the street and pedestrian network.

3.

Focal elements such as sculptures, art, or water features shall be incorporated into courtyard and plaza design.

4.

Site furniture shall be carefully placed to not create pedestrian/vehicular conflicts. All outdoor seating areas shall leave at least five feet of unobstructed pedestrian space.

5.

Graffiti resistant material and/or coating and skateboard deterrents shall be required to retain the furniture's attractiveness.

6.

All outdoor dining furniture and umbrellas in the public right-of-way shall be removed and stored inside during hours of non-operation.

H.

Parking and Circulation.

1.

Customer and tenant parking shall be provided at the rear of buildings, in facilities, in off-street parking lots, or adjacent parking lots. Whenever possible, parking structures shall be placed behind the mixed use buildings.

2.

Mixed-use projects must provide secure separate parking spaces for the residential units. The secure residential spaces shall be accessed via a gate code or other security mechanism.

3.

Vehicular access shall be provided from side streets, adjacent alleys, and parallel streets whenever possible.

4.

Where possible, rear parking lots shall be designed and located contiguously so vehicles can travel from one private parking lot to another without having to enter the street. This may be achieved with reciprocal access agreements.

5.

The number of curb cuts for vehicular entry into the site shall be minimized so that pedestrian and bicycle areas are safe, secure, and passable.

6.

Where possible, require abutting new developments to share a single access point from the road and allow only one curb cut per parcel.

7.

Pedestrians shall have a clear and direct route from on-site parking to the building entry and public sidewalk system. The circulation path shall be direct, continuous, marked, and free of barriers (e.g., site equipment, signage, utility poles, etc.).

8.

Any paving pattern, color, and material used to articulate pathways and pedestrian areas shall continue when driveways intersect with these areas. Where pedestrian circulation paths cross vehicular circulation paths, a material change, contrasting color, or slightly raised crossing shall be used to clearly delineate the continuing pedestrian path.

9.

Adjacent properties shall be adequately screened from the parking structures and lots.

10.

Secure, covered bicycle parking in residential mixed-use projects shall be provided.

11.

Commercial bicycle racks shall be in public view, close to building entrances, with high visibility and sufficient lighting.

12.

Include corner bulb-outs with gathering spaces and special crosswalks at key intersections. Considerations for gathering space components shall include shelter from sun and rain, seating options, landscaping

(including shade trees and planters), trash receptacles, signage and fountains.

I.

Landscaping.

1.

Emphasis shall be placed on California or Mediterranean style landscaping, particularly indigenous plants, ornamental vines, and flowers in either container pots or as part of an arbor/trellis. Landscaping must be well maintained with drip irrigation systems for trees/garden beds and pots that does not drain across the pavement.

2.

All landscaping shall employ features and techniques that reduce the demand for and consumption of water, including appropriate low-water plants, a high degree of paving permeability and water conserving irrigation techniques and systems.

3.

Planting plans for building setbacks should include a hierarchy of plantings in terms of size and types of plant materials that mark the transition between the horizontal ground plane at the sidewalk or parking area and the tall, vertical facades of buildings.

4.

Continuous street trees shall be included along all street frontages of mixed-use development.

5.

Trees in paved areas shall be provided with "deep root" barriers, deep root automatic irrigation, and expandable metal tree grates of adequate size. Root barriers shall be of a material specifically designed for containing tree roots. Irrigation shall be adapted for deep watering.

6.

For plazas, shade trees or other sun-screening elements shall be incorporated in the design to provide wellshaded seating areas. Decorative planters shall be considered for plazas.

7.

Parking lots visible from the street and pedestrian areas shall incorporate landscaping treatments (e.g., trees, shrubs, groundcover, etc.). Larger parking lots shall also incorporate landscaped medians where appropriate.

J.

Lighting.

Lighting fixtures shall be attractively designed to complement the architecture of the project, signify building entry locations, and improve visual identification of residences and businesses.

2.

On each project site, all lighting fixtures shall be architecturally compatible with the buildings and from the same "family" with respect to design, materials, color, style, and color of light.

3.

Wall mounted lights shall be used to the greatest extent possible to minimize the total number of freestanding light fixtures.

4.

The lighting of building elements and garden walls is an effective and attractive lighting technique that should be considered.

5.

In order to use less energy and reduce light pollution, ensure that lighting associated with new development or facilities (including street lighting, recreational facilities, and parking) shall be designed to prevent artificial lighting from illuminating adjacent residential neighborhoods and/or natural areas at a level greater than one foot candle above ambient conditions.

K.

Walls.

1.

Encourage alternatives to soundwalls and permit new soundwalls only where alternatives are not feasible. Along major arterials that coincide with a mixed use center, such as Kettleman Lane, ensure that soundwalls do not disrupt pedestrian-orientated character. Alternative designs could include frontage roads, dense vegetation, and ensuring sufficient insulation in residential units that would potentially be impacted by the noise.

L.

Equipment, Service Area, and Refuse Area Screening.

1.

Roof-mounted utility and communication equipment shall be screened from view by structural features that are an integral part of the building's architectural design.

2.

Loading and service areas shall be concealed from view within the building envelope or shall be located to the rear of the site and designed for minimal visual impact and circulation conflicts.

3.

When trash enclosures, loading docks, utility equipment, and similar uses are visible from a side street or a neighboring property, they shall be screened using materials, colors, and landscaping that are harmonious with the site design and building architecture.

4.

Trash storage areas shall be covered to reduce unsightly views.

5.

Trash enclosures shall provide an area for recycling.

(Ord. No. 1869, § 2, 2-20-2013)

17.22.070 - Mixed use corridor design guidelines.

A.

Purpose. The mixed use corridor design guidelines are intended to provide clear and useful recommendations for the design, construction, review, and approval of mixed use corridor development in the city of Lodi. Mixed Use Corridor development will play a vital role in reactivating key roadway corridors in the city through stimulation of new development along the corridors and interconnection of the corridors with surrounding neighborhoods. This chapter will help ensure that new projects will be well designed, uphold the city's vision, and contribute to the quality of the public realm.

B.

Applicability.

1.

The design guidelines in this chapter apply to the roadways designated as mixed use corridor in the general plan. Key corridors include Kettleman Lane, Cherokee Lane, Lodi Avenue, and Central Avenue. The design elements of each project (including site design, architecture, landscaping, parking design) will be reviewed on a comprehensive basis.

2.

The review authority may interpret these design guidelines with some flexibility in their application to specific projects, as not all design criteria may be workable or appropriate for each project. In some circumstances, one guideline may be relaxed to facilitate compliance with another guideline determined by the review authority to be more important in the particular case. The overall objective is to ensure that the intent and spirit of the design guidelines are followed.

C.

Site Planning.

1.

Special Standards for Lodi Avenue and Central Avenue. At least thirty percent of development site shall include active uses—retail, restaurants, cafes, and personal service establishments fronting the streets at the ground level in order to accommodate pedestrian-oriented, neighborhood serving commercial uses. The minimum interior depth of these commercial spaces shall be twenty-five feet. A range of compatible uses, such as residential or office, may be located at upper levels and in portions not fronting the streets.

2.

Special Standards for Kettleman Lane. Allow any mix of uses as permitted within the mixed use corridor classification. Ensure that residential uses are sited at upper levels or, if at ground level, then not directly facing the highly trafficked Kettleman Lane.

3.

Special Standards for Cherokee Lane. Require any new development of site with mixed use designation south of Tokay Street to devote at least one-quarter of the built-up area to commercial uses, while allowing the full spectrum of single or mixed-uses permitted within the designation.

D.

Building Placement.

1.

Buildings shall be encouraged to locate near or along the front property line(s).

2.

Variations in the zero setback from the property line(s) may be appropriate when the resulting setback provides greater accommodation for pedestrian circulation, sidewalk dining areas, enhanced entries, and improves the pedestrian realm.

3.

When a front setback is necessary, a majority of the setback shall be hardscaped with limited landscaping to accommodate uses that keep the public realm active, such as outdoor dining and seating.

E.

Building Orientation.

1.

The main pedestrian access point to the building shall be located along the facade that is oriented to the primary street.

2.

Buildings on corner lots shall have the primary entry facing the intersection. Corner entries help create an active public realm and reinforce significant street and sidewalk intersections.

3.

Entries that face the primary street shall be directly connected to the street's sidewalks. Secondary and residential entrances can be connected to interior courtyards and parking lots.

4.

The most active ground floor uses such as storefronts, lobbies, and restaurant dining areas shall front the public sidewalk. Private amenities, such as courtyards, that are not accessible to the public shall be located within the project site or on upper floors and not along the street.

F.

Building Design and Architecture.

1.

General Building Organization and Frontage Standards.

a.

In mixed use corridors the development of a complex of buildings is preferable to a single large structure because the varied massing provides visual interest and human scale. Additionally, the spaces created between the various buildings provide opportunities for pedestrian plazas, courtyards and other outdoor gathering areas.

b.

Building plans, facades, and architectural details shall create visual interest at the street level (e.g., staggering the frontage of the building, recessing doors and windows, providing awnings and canopies for weather protection and scale, and visually extending interior spaces outside through paving and glazing to create the concept of an indoor/outdoor room, etc.).

c.

Projects located at intersections shall ensure the design treatments are continued around the corner.

d.

Development located at signalized intersections of major streets shall be encouraged to include pedestrianoriented, community serving commercial uses such as a bookstore, coffee shop, or local market.

e.

Development located at key intersections, including Lodi Avenue/Central Avenue; Lodi Avenue/School Street; and Lodi Avenue/Sacramento Street, shall contain appropriate design features, including buildings

that punctuate the corner with design elements and/or projects that provide additional public or pedestrian amenities, such as plazas.

2.

Specific Building Organization and Frontage Standards for all Mixed Use Corridors except Kettleman Lane and Cherokee Lane. Maintain a consistent building base/street wall along the majority of site frontage along mixed use corridors (with the exception of Kettleman Lane and Cherokee Lane), with a minimum height of fifteen to twenty-five feet.

3.

Articulation.

a.

Where multiple-tenant spaces are incorporated into a building, individual tenant spaces shall be located within the building bays. This can be achieved by any of the following:

i.

Placing a column, pier or pilaster between facade elements.

ii.

Applying vertical slot or recess between facade elements.

iii.

Providing variation in plane along the building wall.

iv.

Varying the building wall by recessing the storefront entrance or creating a niche for landscaping or pedestrian area.

b.

Primary building entries shall be accented with strong architectural definition.

c.

Mixed use buildings shall be designed with a distinct "base", "middle", and "top" to create a human-scaled public realm. Elements that are recommended to articulate a building's facade include:

i.

Design details for the top of a building, including cornice lines, parapets, eaves, brackets and other detailing.

ii.

Design details for the body, or middle, of the building including windows, awnings, trellises, canopies, alcoves, balconies, pilasters, columns, decorative lighting and window boxes.

iii.

Design details for the base of a building, including recessed entry areas, covered outdoor areas and alcoves.

d.

The proportion and placement of windows on upper floors shall be designed to look different from the windows on the ground floor.

e.

Awnings are encouraged, and if used, should be provided over each storefront of buildings with multiple storefronts. These awnings should be located within the individual structural bays and should not hide architectural detailing.

f.

Awnings on multi-tenant buildings should be the same color and style and should be consistent with the character and design of the building.

g.

In order to promote active, pedestrian-friendly streets, each individual tenant or business establishment and residential lobbies shall be oriented to and accessible from the major street frontage and directly accessible from the public sidewalk.

h.

Rear walls and elevations visible from the public right-of-way shall be designed to maximize visual appeal by using vertical and horizontal wall plane breaks.

4.

Roofs.

a.

Roofs should be compatible with the architectural style of the building.

b.

The roof shape should reflect the configuration of the building's mass and volume, and should be consistent in its character from all vantage points.

c.

Sloping roof forms are encouraged.

d.

The visible portion of sloped roofs shall be sheathed with a roofing material complementary to the architectural style of the building.

e.

All buildings shall provide cornice or parapet detailing in order to delineate a strong roofline along the primary facades.

f.

Cornices and horizontal bands of genuine materials, such as wood trim rather than foam are strongly encouraged.

g.

False fronts, applied mansard forms and other artificial rooflines that are not an integral component of the architectural design should be avoided.

5.

Building Materials.

a.

A well-defined building "base" (i.e., ground floor) provides scale and articulation at the pedestrian level. The "base" shall consist of traditional thicker walls along with high quality, durable, and easy to clean materials and finishes. Special materials (e.g., granite, marble, polished stone, and other metal panels) shall be utilized as accent materials on the building's "base."

b.

Upper floors that are less prone to potential vandalism shall utilize high quality finish materials of traditional mixed-use projects (e.g., brick veneer, smooth troweled stucco, etc.).

c.

Materials and colors shall be selected to unify the building appearance and fit into the pedestrian context. Avoid overly vibrant colors and/or monochromatic color palettes.

d.

Awning materials should be compatible with the overall design and character of the building. The use of fabric awnings is encouraged. The use of vinyl and plastic awnings is discouraged.

6.

Windows.

a.

Windows shall be large glazed panels, possibly with small upper transoms. Window patterns shall have a slight inset and not appear flat. Glass shall be clear (eighty-eight percent light transmission) and not heavily tinted so as to provide views into active spaces or window displays.

b.

Thirty to sixty percent of linear store frontage at the street facade should be used for the display windows and evenly distributed. A higher percentage shall be encouraged for Lodi and Central Avenues, where higher pedestrian activity is expected. False fronts or windows should not be included that are not integral components of the building.

c.

Windows on the upper floors shall be smaller in size than storefront windows on the first floor and shall encompass a smaller proportion of facade surface area.

d.

Upper story windows shall be detailed with architectural elements, such as projecting sills, molded surrounds and/or lintels.

e.

Where unique use or occupancy requirements preclude the addition of windows, such as theaters or parking structures, exterior walls shall be designed to provide architectural relief or shall be screened by landscaping and pedestrian amenities, such as trellises, benches or shade structures.

f.

To ensure and protect the privacy of residents in adjacent single-family homes, windows in mixed-use projects facing single family residences within fifteen feet of the property line, shall be carefully arranged. Examples of privacy options include translucent or louvered windows, offset window patterns, and locating windows five-feet above the floor level.

G.

Plazas.

1.

Plazas shall incorporate high quality paving materials, such as stone, concrete or tile. The paving shall complement the adjacent public streetscape elements.

2.

Plazas should be visible from public streets and the pedestrian network and accessible from the building as well as the street and pedestrian network.

Focal elements such as sculptures, art, or water features shall be incorporated into courtyard and plaza design.

4.

Site furniture shall be carefully placed to not create pedestrian/vehicular conflicts. All outdoor seating areas shall leave at least five feet of unobstructed pedestrian space.

5.

Graffiti resistant material and/or coating and skateboard deterrents shall be required to retain the furniture's attractiveness.

6.

All outdoor dining furniture and umbrellas in the public right-of-way shall be removed and stored inside during hours of non-operation.

H.

Parking and Circulation.

1.

Customer and tenant parking shall be encouraged to be located at the rear of buildings, in facilities, in offstreet parking lots, or adjacent parking lots. Whenever possible, parking shall be placed behind the mixed use buildings.

2.

Mixed-use projects must provide secure separate parking spaces for the residential units. The secure residential spaces shall be accessed via a gate code or other security mechanism.

3.

Vehicular access shall be provided from side streets, adjacent alleys, and parallel streets whenever possible.

4.

Where possible, rear parking lots shall be designed and located contiguously so vehicles can travel from one private parking lot to another without having to enter the street. This may be achieved with reciprocal access agreements.

5.

The number of curb cuts for vehicular entry into the site shall be minimized so that pedestrian and bicycle areas are safe, secure, and passable.

Where possible, require abutting new developments to share a single access point from the road and allow only one curb cut per parcel.

7.

Pedestrians shall have a clear and direct route from on-site parking to the building entry and public sidewalk system. The circulation path shall be direct, continuous, marked, and free of barriers (e.g., site equipment, signage, utility poles, etc.).

8.

Any paving pattern, color, and material used to articulate pathways and pedestrian areas shall continue when driveways intersect with these areas. Where pedestrian circulation paths cross vehicular circulation paths, a material change, contrasting color, or slightly raised crossing shall be used to clearly delineate the continuing pedestrian path.

9.

Adjacent properties shall be adequately screened from the parking structures and lots.

10.

Secure, covered bicycle parking in residential mixed-use projects shall be provided.

11.

Commercial bicycle racks shall be in public view, close to building entrances, with high visibility and sufficient lighting.

12.

Include bicycle lanes along mixed use corridors per Figure 5-3, general plan bicycle system, of the transportation element of the Lodi general plan.

13.

The following key intersections shall include improved pedestrian crossings, per Figures 4-6 to 4-9 of the community design and livability element of the Lodi general plan. Improvements that shall be considered include but are not limited to corner bulb-outs with gathering spaces and special crosswalks. Gathering space components could include shelter from sun and rain, seating options, landscaping (including shade trees and planters), trash receptacles, signage and fountains:

a.

Kettleman Lane.

i.

Kettleman Lane/South Mills Avenue;

ii.

Kettleman Lane/Woodbridge Irrigation District Canal Trail Crossing;

iii.

Kettleman Lane/South Ham Lane;

iv.

Kettleman Lane/South Fairmont Avenue;

v.

Kettleman Lane/South Hutchins Street.

b.

Lodi Avenue.

i.

Lodi Avenue/South Hutchins Street.

c.

Central Avenue.

i.

Central Avenue/Tokay Street;

ii.

Central Avenue/Eden Avenue;

iii.

Central Avenue/Flora Avenue;

iv.

Central Avenue/Hilborn Avenue;

14.

The following priority streets shall include streetscaping and pedestrian comfort measures within the mixed use corridor boundaries, per Figures 4-6 to 4-9 of the community design and livability element of the Lodi general plan. Streetscape amenities may include: street trees, wide sidewalks, special paving, street lighting, seating, info kiosks, open bus stop shelters, and bicycle racks:

a.

Kettleman Lane.

i.

South Mills Avenue;

ii.

South Ham Lane;

iii.

South Fairmont Avenue;

iv.

South Hutchins Street.

b.

Cherokee Lane.

i.

Pine Street;

ii.

Lodi Avenue;

iii.

Tokay Street; iv.

Industrial Way;

v.

Vine Street.

c.

Lodi Avenue.

i.

South Ham Lane;

ii.

South Hutchins Street;

iii.

South Pleasant Avenue;

iv.

Stockton Street;

v.

Garfield Avenue.

I.

Landscaping.

1.

Emphasis shall be placed on California or Mediterranean style landscaping, particularly indigenous plants, ornamental vines, and flowers in either container pots or as part of an arbor/trellis. Landscaping must be well maintained with drip irrigation systems for trees/garden beds and pots that does not drain across the pavement.

2.

All landscaping shall employ features and techniques that reduce the demand for and consumption of water, including appropriate low-water plants, a high degree of paving permeability and water conserving irrigation techniques and systems.

3.

Planting plans for building setbacks should include a hierarchy of plantings in terms of size and types of plant materials that mark the transition between the horizontal ground plane at the sidewalk or parking area and the tall, vertical facades of buildings.

4.

Continuous street trees shall be included between the corridor roadway and sidewalk, unless infeasible.

5.

Medians within corridor roadways shall be wide enough to act as refuges and support some landscaping, particularly at crossings.

6.

Trees in paved areas shall be provided with "deep root" barriers, deep root automatic irrigation, and expandable metal tree grates of adequate size. Root barriers shall be of a material specifically designed for containing tree roots. Irrigation shall be adapted for deep watering.

7.

For plazas, shade trees or other sun-screening elements shall be incorporated in the design to provide wellshaded seating areas. Decorative planters shall be considered for plazas.

8.

Parking lots visible from the street and pedestrian areas shall incorporate landscaping treatments (e.g., trees, shrubs, groundcover, etc.). Larger parking lots that are not parking structures shall also incorporate landscaped medians where appropriate.

J.

Lighting.

1.

Lighting fixtures shall be attractively designed to complement the architecture of the project, signify building entry locations, and improve visual identification of residences and businesses.

2.

On each project site, all lighting fixtures shall be architecturally compatible with the buildings and from the same "family" with respect to design, materials, color, style, and color of light.

3.

Wall mounted lights shall be used to the greatest extent possible to minimize the total number of freestanding light fixtures.

4.

The lighting of building elements and garden walls is an effective and attractive lighting technique that should be considered.

5.

In order to use less energy and reduce light pollution, ensure that lighting associated with new development or facilities (including street lighting, recreational facilities, and parking) shall be designed to prevent artificial lighting from illuminating adjacent residential neighborhoods and/or natural areas at a level greater than one foot candle above ambient conditions.

K.

Signage and Gateways. For mixed use corridors, including but not necessarily limited to Kettleman Lane, Cherokee Lane, Lodi Avenue, Central Avenue, Sacramento Street, and Stockton Street, develop a wayfinding and signage scheme along the corridors that utilizes public art and street elements, such as banners and light fixtures. The scheme should reinforce the city's identity and linkages to downtown.

L.

Walls. Encourage alternatives to soundwalls and permit new soundwalls only where alternatives are not feasible. Alternative designs could include frontage roads, dense vegetation, and ensuring sufficient insulation in residential units that would potentially be impacted by the noise.

M.

Equipment, Service Area, and Refuse Area Screening.

1.

Roof-mounted utility and communication equipment shall be screened from view by structural features that are an integral part of the building's architectural design.

2.

Loading and service areas shall be concealed from view within the building envelope or shall be located to the rear of the site and designed for minimal visual impact and circulation conflicts.

3.

When trash enclosures, loading docks, utility equipment, and similar uses are visible from a side street or a neighboring property, they shall be screened using materials, colors, and landscaping that are harmonious with the site design and building architecture.

4.

Trash storage areas shall be covered to reduce unsightly views.

5.

Trash enclosures shall provide an area for recycling.

(Ord. No. 1869, § 2, 2-20-2013)

Chapter 17.24 - INDUSTRIAL ZONING DISTRICTS

This chapter lists the uses of land that may be allowed within the industrial zoning districts established by Section 17.10.020 (Zoning Districts Established), determines the type of land use permit/approval required for each use, and provides basic standards for site development.

(Ord. No. 1869, § 2, 2-20-2013)

The industrial zoning districts are intended to provide for a range of industrial uses, emphasizing high quality development, and to encourage revitalization of existing industrial land uses. The purpose of the individual industrial zoning districts and the manner in which they are applied are as follows:

A.

M (Industrial) District. The M zoning district is applied to areas appropriate for a mix of heavy manufacturing, warehousing, general service, storage, and distribution activities. The maximum FAR is 0.6. The M zoning district is consistent with the industrial land use designation of the general plan.

B.

BP (Business Park) District. The BP zoning district is applied to areas appropriate for office activities that generate high employment yield per acre. It accommodates campus-like environments for a corporate headquarters and other office parks. This designation may also provide for light industrial and production facilities. The maximum FAR is 1.0. The BP zoning district is consistent with the business park land use designation of the general plan.

(Ord. No. 1869, § 2, 2-20-2013)

17.24.030 - Industrial zoning district land uses and permit requirements.

Table 2-10 identifies the uses of land allowed by this development code in the industrial zoning districts, and the land use permit required to establish each use, in compliance with Section 17.12.030 (Allowable Land Uses and Permit Requirements).

Note: Where the last column in the tables ("specific use regulations") includes a section number, the regulations in the referenced section apply to the use; however, provisions in other sections of this development code may also apply.

(Ord. No. 1869, § 2, 2-20-2013; Ord. No. 2022, § 4, 1-17-2024; Ord. No. 2030, § 4, 3-19-2025)

17.24.040 - Industrial zoning district general development standards.

Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Table 2-11, in addition to the applicable development standards (e.g., landscaping, parking and loading, etc.) in Article 3, (Site Planning and General Development Standards).

TABLE 2-11

Industrial District General Development Standards

Notes:

(1) None required except: When adjacent to a res. zone boundary where a min. of twenty feet is required.

(2) Additional height is allowed by use permit.

(Ord. No. 1869, § 2, 2-20-2013)

17.24.050 - Industrial design guidelines.

A.

Purpose. The industrial design guidelines are intended to provide clear and useful recommendations for the design, construction, review, and approval of industrial development in the city of Lodi. The city of Lodi recognizes the unique requirements of industrial development and the potential for such development, through careful design, to make a positive contribution to the appearance of the community. Site and building design provisions herein are focused on the view from public rights-of-way and compatibility with surrounding development. This chapter will help ensure that new projects will be well designed, uphold the city's vision, and contribute to the quality of the public realm.

B.

Applicability.

1.

The design guidelines in this chapter apply to the sites designated as industrial in the general plan. The general plan industrial land use designation includes the general mills factory and sites along the railroad

and east of State Route 99. The design elements of each project (including site design, architecture, landscaping, parking design) will be reviewed on a comprehensive basis.

2.

The review authority may interpret these design guidelines with some flexibility in their application to specific projects, as not all design criteria may be workable or appropriate for each project. In some circumstances, one guideline may be relaxed to facilitate compliance with another guideline determined by the review authority to be more important in the particular case. The overall objective is to ensure that the intent and spirit of the design guidelines are followed.

C.

Building Orientation.

1.

Design industrial sites to minimize the visual impacts of parking areas, equipment, and outdoor storage from public rights-of-way. Mitigate these undesirable visual impacts through proper placement and design of buildings, screen walls, and landscaping.

2.

New buildings shall be oriented toward the adjoining public streets, so that public entrances are a focal point on the building and site layout.

3.

Industrial buildings shall be oriented so that bays and loading docks do not directly face the primary street frontage. Loading areas shall be located in the rear or side of the building whenever possible; however, they should never face adjacent residential uses.

D.

Building Design and Architecture.

1.

Massing and Scale.

a.

Organize the massing of larger buildings into components that more readily relate to the human scale.

b.

Reduce the mass and scale of large industrial buildings with building facades and wall height variations, and by articulating rooflines and wall planes.

c.

Avoid long, repetitive, monotonous facades particularly those that repeat the same design element several times along the same elevation.

d.

The scale of building(s) on the site edge shall be compatible with the scale of adjoining development. Where surrounding development is of a small scale, large scale buildings shall be located internal to the site and transition down in scale as the outer edge of the site approaches.

2.

Articulation and Detail.

a.

Individual design elements shall be faithful to the overall architecture of the building. Architectural details shall be part of the design and not something applied as an afterthought. A consistent design theme provides continuity and avoids confusion of style.

b.

Front and street-side facades of large buildings visible from a public street or adjacent residential property shall include architectural features such as reveals, windows and openings, trellises, changes in color, texture, and material to add interest to the building elevation and reduce its visual mass.

c.

Consideration shall be given to recessing building floors above the first story and providing vertical or horizontal offsets in the wall surfaces at regular intervals, including columns, projections, and recesses, (e.g. every twenty feet).

d.

All sides of the building visible from the street or residential property shall have the same level of architectural detailing as the main elevation.

e.

Primary building entries shall have pedestrian scale and shall be expressed with windows, awnings, trellises, articulation, arcades, landscape, planters, and material changes or other design elements so that the building entry is easily identified and visible from the street and parking lot.

f.

Architectural detail at the street level shall establish human scale and enhance the building's and the streetscape's appearance.

3.

Roofs.

a.

Roofs shall be compatible with the architectural style and scale of the building.

b.

The roof shape shall reflect the configuration of the building's mass and volume, and shall be consistent in its character where visible from public streets.

c.

Rooflines for large buildings shall be broken up and varied by providing change in the height of a portion of the roof(s), change in form, or other articulations. High pitched "A-frame" type rooflines and partial mansards should be avoided.

4.

Building Materials and Colors.

a.

Innovative use of durable, high quality materials such as brick, stone, tile, stucco, and concrete is encouraged.

b.

Incorporation of energy conservation features is encouraged in industrial buildings to exceed California's 2005 Title 24 regulation standards for building energy efficiency.

c.

Use a color scheme (for example: two analogous colors plus a complementary trim color) to create visual interest and enhance the streetscape appearance of the building.

d.

Use earthtone colors and keep the number of colors used on the building and within the overall streetscape to a minimum.

e.

Use smaller, articulated, varied color and texture wall surfaces rather than larger homogenous ones.

f.

The same exterior colors and finishes shall be used on all sides of the structure.

g.

Building color shall not be used as signage, branding, or business identification.

h.

Awning materials shall be compatible with the overall design and character of the building. The use of fabric awnings is encouraged. The use of vinyl and plastic awnings is discouraged.

E.

Parking and Circulation.

1.

Site access shall allow for easy circulation throughout the project to minimize conflicts between vehicles and pedestrians, between employee/visitor traffic and truck shipping/delivery. Separate walkways shall be provided to the public way from the main entrance. Main pedestrian routes through parking areas to building entrances shall have decorative paving treatment or other demarcation of pedestrian right-of-way.

2.

Enhance primary entry drives for automobiles, especially visitors, with ornamental landscaping, special treatment, and monument type signs to communicate site access locations.

3.

Parking lots shall not be the dominant visual element of the site. It is generally more visually appealing to locate parking lots along the side or the rear of buildings. Small customer-oriented parking lots are appropriate toward the front of the site; however, the majority of employee parking should be located to the rear of the site to the maximum extent feasible. To avoid large expanses of paved areas, large parking lots should be divided into smaller parking areas. Buildings should not be located in a manner that make them appear like "islands" surrounded by paved areas.

4.

The number of site accesses (ingress/egress) shall be controlled in terms of the location and number of driveways to minimize traffic safety conflicts, street congestion, and unnecessarily disrupted street frontage. Where possible, adjoining properties should share access driveways to minimize the number of driveways along public streets. Shared service or secondary access alleys shall also be considered. Use of an existing side street for primary or secondary access is encouraged as opposed to creating one or more new curb cuts on a collector or arterial street.

5.

New streets for industrial projects shall be designed to handle heavier loads associated with truck operations, as necessary. Larger turning movements shall also be included in new streets to facilitate truck movements.

F.

Landscaping.

Emphasis shall be placed on California or Mediterranean style landscaping, particularly indigenous plants, ornamental vines, and flowers in either container pots or as part of an arbor/trellis. Landscaping must be well maintained with drip irrigation systems for trees/garden beds and pots that do not drain across the pavement.

2.

All landscaping shall employ features and techniques that reduce the demand for and consumption of water, including appropriate low-water plants, a high degree of paving permeability and water conserving irrigation techniques and systems. Recycled water should be utilized to the extent possible.

3.

Trees in paved areas shall be provided with "deep root" barriers, deep root automatic irrigation, and expandable metal tree grates of adequate size. Root barriers shall be of a material specifically designed for containing tree roots. Irrigation shall be adapted for deep watering.

4.

Planting plans for building setbacks should include a hierarchy of plantings in terms of size and types of plant materials that mark the transition between the horizontal ground plane at the sidewalk or parking area and the tall, vertical facades of buildings.

5.

The use of vines, trellises, and landscape screen walls is strongly encouraged on larger areas of unadorned building facades to soften the appearance and to deter graffiti.

6.

Increase the amount of landscaping and special landscape features at project entries and pedestrian gathering areas.

7.

Minimize the quantity of impervious paving in parking areas and maximize the use of landscaping or permeable pavement on-site to reduce surface water runoff and the need for water detention basins.

8.

Where it is infeasible to locate all large parking areas to the rear of the building, views of expansive paved areas from public rights-of-way and/or residential areas shall be minimized by landscaping within and along the perimeter of parking lots.

9.

Required parking lot landscaping shall include the use of landscape planters along parking aisles throughout the parking lot.

Streetscapes shall incorporate a mix of trees, shrubbery, and ground cover to establish a landscape corridor presence.

11.

Consideration shall be given to the incorporation of open space areas in the form of courtyards, plazas, shaded arcades and functional landscaped areas. These features should link adjoining buildings and take advantage of outdoor as well as indoor space. These features can be located in areas with recessed facades or setbacks in excess of minimum standards, and may be designed for use by employees and/or customers. Pedestrian features such as benches, tables, fountains, artwork, and landscaping should be incorporated as focal points or relaxation area.

G.

Lighting.

1.

The design and location of outdoor lighting fixtures shall preclude direct glare onto adjoining non-industrial property and streets.

2.

Outdoor lighting shall be designed to foster security. Illumination should be increased at building entries to increase visibility and safety.

3.

Use landscape lighting and exterior lighting to enhance project design features. Lighting fixtures shall have sharp cut off so that no direct lighting falls onto adjacent properties or the public right-of-way.

4.

As applicable, illuminate flags only with very narrow spot type lamps directed no more than fifteen degrees from vertical. Shield fixtures so that the light source is not visible from off-site.

H.

Equipment, Service Area, and Refuse Area Screening.

1.

Roof-mounted utility and communication equipment shall be screened from view by structural features that are an integral part of the building's architectural design.

2.

Loading and service areas shall be concealed from view within the building envelope or shall be located to the rear of the site and designed for minimal visual impact and circulation conflicts.

When trash enclosures, loading docks, utility equipment, and similar uses are visible from a street, they shall be screened using materials, colors, and landscaping that are harmonious with the site design and building architecture.

4.

Trash enclosures shall provide an area for recycling.

I.

Metal Buildings. Metal buildings present their own special set of challenges and opportunities in the community context. If metal buildings are well articulated and surfaces are judiciously mixed with other materials, or textures, and colors, they can make an attractive contribution to industrial park appearance.

1.

Metal buildings should incorporate architectural features such as gable, hip, and other sloping roof forms, prominent main entries, windows, storefront, glazed doors, canopies and window awnings, use of brick or stone at building base, and architectural lighting fixtures to make a positive contribution to the streetscape.

2.

Street frontages of metal buildings shall present sloping or articulated roof forms. Eaves and steeper roof pitches are more attractive than shallow roofs and roofs without eaves.

3.

As with all building design, roofs, particularly metal roofs, contribute significantly to a building's appearance and character. Variety in roof shapes and colors should complement the scale of the building. Darker, nonglare colors help reduce the mass of metal roof designs. Metal roofs can incorporate standing seam, tile and shake materials to create visual interest in design.

4.

Long, stark, and uninterrupted panels used for metal buildings shall be avoided. Use of panels with continuous vertical seams shall also be avoided. Other building materials should be incorporated into structural design to add contrast, variety, and visual interest in building form. Wall systems should use techniques that hide or disguise wall fastening systems and seams. Building features such as columns, curved metal corners, deep reveals at construction joints or other details should be incorporated into building design to add interest into the architectural design.

5.

Window treatments can provide a key design element for metal buildings. Windows shall particularly be incorporated along the street front elevation(s) to help metal buildings incorporate human-scale design elements that address the building to the street. Windows should incorporate changes in building plane by either recessing or projecting them as integral parts of the overall design theme. Detailed window fenestration should be incorporated around windows including change in relief, color, pattern, and/or materials.

6.

Downspouts shall be concealed unless they are part of the design, in which case downspouts shall be coated to match the wall color.

7.

Any freestanding outbuildings shall use forms, shapes and materials that are consistent with the main structure.

8.

Large expanses of light colored metal wall materials shall be avoided. Darker colors help visually reduce the prominence of large metal buildings. Horizontal color bands, and wall projections and recesses, provide shadowing to accentuate differentiation for wall designs. Consider using corrugated or flat fiber-reinforced cement panels, as well as metal.

(Ord. No. 1869, § 2, 2-20-2013)

Chapter 17.26 - SPECIAL PURPOSE ZONING DISTRICTS

This chapter lists the uses of land that may be allowed within the special purpose zoning districts established by Section 17.10.020 (Zoning Districts Established), determines the type of land use permit/approval required for each use, and provides basic standards for site development.

(Ord. No. 1869, § 2, 2-20-2013)

The purposes of the individual special purpose zoning districts and the manner in which they are applied are as follows:

A.

PF (Public and Community Facilities) Zoning District. The PF zoning district is applied to areas suitable for public land uses including government offices, schools, and libraries, and other related public uses. The PF zoning district is consistent with the public/quasi public and the detention basins and parks land use designations of the general plan.

(Ord. No. 1869, § 2, 2-20-2013)

Table 2-12 identifies the uses of land allowed by this development code in the commercial zoning districts, and the land use permit required to establish each use, in compliance with Section 17.12.030 (Allowable Land Uses and Permit Requirements).

Note: Where the last column in the tables ("specific use regulations") includes a section number, the regulations in the referenced section apply to the use; however, provisions in other sections of this development code may also apply.

• (Ord. No. 1869, § 2, 2-20-2013)

Standards for development within the PF zoning district will be determined by the city through the project review process.

(Ord. No. 1869, § 2, 2-20-2013)

Chapter 17.28 - OVERLAY ZONING DISTRICTS

This chapter regulates new and existing structures and land uses in the overlay zoning districts established by Section 17.10.020 (Zoning Districts Established). The provisions of this chapter provide guidance for development in addition to the standards and regulations of the primary zoning districts, where important site, environmental, safety, compatibility, or design issues require particular attention in project planning.

(Ord. No. 1869, § 2, 2-20-2013)

The provisions of this chapter apply to proposed land uses and development in addition to all other applicable requirements of this development code. Any perceived conflict between the provisions of this chapter and any other provision of this development code shall be resolved in compliance with Section 17.02.020(D).

A.

Mapping of Overlay Districts. The applicability of any overlay zoning district to a specific site is shown by the overlay zoning map symbol established by Section 17.10.020 (Zoning Districts Established), being appended as a suffix to the symbol for the primary zoning district on the zoning map. The overlay districts are applied to property through the rezoning process (Chapter 17.72).

B.

Allowed land uses, permit requirements, development standards. Except as may be otherwise provided by this chapter for a specific overlay district:

1.

Any land use normally allowed in the primary zoning district by this article may be allowed within an overlay district, subject to any additional requirements of the overlay district;

2.

Development and new land uses within an overlay district shall obtain the land use permits required by this article for the primary zoning district; and

3.

Development and new land uses within an overlay district shall comply with all applicable development standards of the primary zoning district, except as modified by this chapter.

(Ord. No. 1869, § 2, 2-20-2013)

17.28.030 - Flood hazard (-F100 and -F200) overlay zoning districts.

A.

Purpose. The -F100 and -F200 overlay districts are intended to protect people and property from flood hazard risks by appropriately regulating development and land uses within areas subject to flooding. Special regulation is necessary for the protection of the public health, safety and general welfare, and of property and improvements from hazards and damage resulting from floodwaters and to promote the open space conservation element policies of the general plan.

B.

Applicability, -F100 Overlay District.

1.

Application to Property. The -F100 overlay district is applied to areas within the city prone to flood hazard risks from the 100-year storm event, combined with any primary zoning district as shown on the zoning map and by Section 17.10.020 (Zoning Districts Established).

2.

Floodplain Boundaries. The Mokelumne River floodplain is defined as those areas of special flood hazard identified by the Federal Insurance Administration through a scientific and engineering report entitled, "The Flood Insurance Study for the City of Lodi," dated October 2009, with accompanying flood insurance rate maps and any revision thereto, which are adopted by reference and declared to be a part of this section. Maps and data which reflect this delineation are on file at City Hall.

C.

Applicability, -F200 Overlay District.

1.

Application to Property. The -F200 overlay district is applied to areas within the city prone to flood hazard risks from the two hundred year storm event, combined with any primary zoning district as shown on the zoning map and as established by Section 17.10.020 (Zoning Districts Established).

2.

Floodplain Boundaries. The two hundred year floodplain is identified on Figure 8.2, 200-Year Flood Zones, of the city of Lodi general plan safety element.

D.

Permit Requirements, -F100 Overlay District. No structure or land shall, after the effective date of the ordinance codified in this chapter, be located, extended, converted or altered within the -F100 overlay zoning district without full compliance with the terms of this chapter, and without having first received a development or construction permit in accordance with the provisions of this title and, for developments requiring use permits, with the provisions of Section 17.12.030.

E.

Allowable Land Uses, -F100 Overlay District. Nothing in this subsection is intended to authorize a use not otherwise allowed in the primary zoning district with which the -F overlay district is combined.

1.

Permitted Uses Generally, -F100 Overlay District. Unless otherwise prohibited or subject to a use permit in the primary zoning district, the following uses are permitted without a use permit where modification or removal of native vegetation, including trees, is not required:

a.

Agriculture;

b.

Open space agricultural uses not requiring a closed building such as, orchards, and livestock feeding and grazing;

c.

The storage of farm machinery which is readily removable from the area within the time available after flood warning;

d.

Recreational: Firmly anchored recreational floating docks; and

e.

Modification of Native Vegetation: Where modification or removal of native vegetation is required, such modification or removal may be after obtaining a development permit consisting of written approval from the community development director; provided, that such modifications in the floodplain have been found to be consistent with the general plan.

2.

Permitted Uses, -F100 Overlay District—Use Permit and State Approval. Unless otherwise prohibited in the primary zoning district, the following uses may be permitted after approval of a conditional use permit by the city and after approval by the state department of fish and game and the reclamation board of the state; provided, that as determined by said reclamation board, a combination of such uses within the floodplain

does not materially increase the flood height of the intermediate regional floodplain; and provided further, that as determined by the state department of fish and game, full mitigation measures will be used to protect and enhance the trees, native plant materials and wildlife in the floodplain, in accordance with good fish and game practices and in accordance with the following:

a.

Residential dwellings on existing undeveloped lots in subdivisions approved before January 1, 1977;

b.

Outdoor recreational facilities:

i.

Campgrounds;

ii.

Boating facilities;

iii.

Parks;

iv.

Golf courses or driving ranges;

v.

Athletic fields; and

vi.

Shooting ranges;

c.

Fences, fills, walls, excavations or other appurtenances which do not constitute an obstruction or debriscatching obstacle to the passage of floodwaters and which are consistent with the open spaceconservation element policies;

d.

Private drives, bridges, and public utility wires and pipelines for transmission and distribution;

e.

Improvements in stream channel alignment, cross-section and capacity, including modification of riverbank and flood protection levees;

f.

Structures that are designed to have a minimum effect upon the flow of water and are firmly anchored to prevent the structure from flotation (excepting floating docks); provided, that no structures for human habitation is permitted;

g.

Other similar uses of a type not appreciably damaged by floodwaters.

3.

Prohibited Uses—Storage or Processing. The storage or processing of materials that are in time of flooding buoyant, flammable or explosive, or could be injurious to human, animal or plant life, is prohibited.

F.

Development Standards, -F100 Overlay District. In all areas zoned in the -F100 overlay district, the provisions set out in subsections 1 through 6 are required.

1.

Elevation of Lowest Floor. The lowest floor of any residential structure, including garages and accessory buildings, shall be elevated eighteen inches or more above the level of the base flood elevation.

2.

Anchorage. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.

3.

Construction Practices and Materials. All new construction or substantial improvements shall be constructed with materials and utility equipment resistant to flood damage using methods and practices that minimize flood damage.

4.

Water and Sewer Systems. New and replacement water and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.

5.

Nonresidential Structures. New nonresidential structures shall be floodproofed or elevated eighteen inches or more above the level of the base flood.

6.

Floodproofing. All structures requiring floodproofing shall be so designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural

components having the capability of resisting hydrostatic and hydrodynamic loads with effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this section are satisfied and a copy of such certification shall be provided to the director of public works and the chief building inspector.

G.

Flood Zone Determination - 200-Year Floodplain.

1.

No development or physical changes requiring a development permit required by this title shall be allowed within the two hundred year floodplain unless it has first met one or more of the findings established under Section 15.60.130.D of this code.

2.

Allowable Land Uses, -F200 Overlay District. Nothing in this subsection is intended to authorize a use not otherwise allowed in the primary zoning district with which the -F200 overlay district is combined.

3.

Exempt Projects, -F200 Overlay District. Site improvements that would not result in the development of a new habitable structure and would not increase risk of damage to neighboring development or alter the conveyance area of a watercourse in the case of a flood are exempt from the restrictions of the -F200 overlay district. Improvements that qualify for this exemption include, but are not limited to, the replacement or repair of a damaged or destroyed habitable structure with substantially the same building footprint area; interior repairs or remodels to existing structures; additions to existing residential dwellings; new non-habitable structures or repairs or remodels to non-habitable structures including, but not limited to landscape features, detached garages, and pools and spas.

H.

Warning—Liability Denied. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city or by any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made under this chapter.

(Ord. No. 1869, § 2, 2-20-2013; Ord. No. 1979, § 3, 10-21-2020)

17.28.040 - Planned development (-PD) overlay zoning district.

A.

Purpose. The -PD overlay district is intended to identify areas where the city has determined that flexibility in the application of development standards will produce development projects of superior quality,

including retention of unique site characteristics, creative and efficient project design, etc., then would have been achieved through strict application of the development standards required by the primary zoning district. The -PD zoning district is consistent with all land use designations of the general plan.

B.

Applicability.

1.

Eligible Primary Districts. The -PD overlay district may be combined with any of the residential, commercial, or industrial zoning districts established by Section 17.10.020 (Zoning Districts Established).

C.

General Standards for All Projects. The following development standards shall apply to all developments subject to a planned development permit.

1.

Size. A minimum site of one acre, exclusive of public rights-of-way, shall be required. This requirement may be waived or reduced by the Commission if the approving body finds that the waiver is necessary in order to achieve a superior project given the unique attributes of the site, its setting, or surrounding conditions, and that the project will meet the purpose and intent of this chapter.

2.

Application to Site. A planned development permit may apply to a site that consists of more than one parcel, provided the original parcels are contiguous to one another and not separated by a major collector or minor/major arterial street.

3.

Setback Requirements. Structure setbacks, with the exception of outer perimeter front, side, and rear yard setback provisions for perimeter landscaping, may deviate from the setback standards identified in this Development Code and shall conform to the approved planned development permit. Any nonresidential structure adjacent to a residential zone is set back a distance equal to the height of the nonresidential structure from the property line between the parcels.

4.

Site Coverage. The site coverage for residential or nonresidential zoning districts may deviate from the standards of this Development Code.

5.

Frontage and Area Requirements. The frontage and area per lot requirements for residential and nonresidential zoning districts may deviate from the regulations of this Development Code.

Height Limits. The height of structures may deviate from the height standards of this Development Code, provided that any nonresidential structure adjacent to a residential zone is set back a distance equal to the height of the nonresidential structure from the property line between the parcels.

7.

Open Space Requirements. In addition to the requirements for residential and nonresidential, below, the following open space requirements apply to all planned development permits:

a.

Open space shall be designed as a major element of the project;

b.

Open space shall be located to take advantage of, and to help preserve, existing natural amenities (e.g., trees, topographic features, waterways, and views);

c.

Open space shall generally be clustered to create larger scale open spaces, but shall also be used to buffer incompatible uses and to provide corridors of space around and within developed areas to achieve a spacious character and convenient linkage to all parts of the site;

d.

All landscaped areas shall be designed, installed, and irrigated in compliance with Chapter 17.30 (Landscaping);

e.

Open space areas shall not include streets, whether public or private, off-street parking or landscaping required for the parking lot, access drives, loading areas, or area(s) covered by structures;

f.

The location of all open space, including any off-premises locations, shall be identified on appropriate plans; and

g.

The Commission may modify any open space requirement after considering the general purpose and nature of the project. If the open space requirement is modified, another amenity(ies) shall be provided.

8.

Maintenance of Common Areas. The applicant shall provide for the permanent maintenance of all common area(s), including open space areas, within the development. The applicant shall provide the following:

a.

A plan showing all common areas and areas to be dedicated to/for public and/or private use; and

b.

If the development consists of:

i.

Only one parcel, a plan for maintenance, or

ii.

More than one parcel, a plan for maintenance and a mandatory homeowners' association to provide permanent maintenance of the common area. If the homeowners' association terminates, disbands, or otherwise defaults on its maintenance obligations, the City reserves the right to form a mandatory maintenance district.

9.

Limitations. The Commission shall have the authority to define and limit the requirements for each approved land use within the area covered by the approved planned development permit.

10.

Distinct. All standards apply to each individual planned development permit, and off-site improvements and amenities cannot be used to meet any of the requirements for a specific, individual planned development permit.

11.

Requirements and Standards. Unless clearly stated otherwise in the approved planned development permit, the provisions, regulations, requirements, and standards governing the development and on-going operation of the site covered by the planned development permit shall be in compliance with this Development Code.

12.

Development Phasing. If the project would be phased, the applicant shall submit a schedule indicating the development schedule for the project, including open space and amenities.

a.

Projects developed in phases shall be designed so that each successive phase would contain open space and amenities to independently satisfy applicable open space requirements.

b.

If the proposed project would be developed with a series of planned development permits for smaller areas within the site, a master planned development permit shall be prepared for the site. It shall show the location and type of open space and amenities and the location and type of development to be proposed.

D.

Permit Requirements. Planned Development Permit approval (Section 17.40.060) shall be required for all development and new land uses except the interim land uses allowed by subsection G below. A planned development permit application must be simultaneously submitted with an application for rezoning to apply the -PD overlay zoning district, where rezoning is initiated by a property owner.

E.

Residential Projects. In addition to the general standards listed above, the following standards shall apply to residential projects:

1.

Housing Types and Quantity. The type of housing allowed in a planned development may include a variety of housing types, including single-family dwellings, duplexes, triplexes, townhouses, and multifamily. The number of allowable dwelling units on each parcel may exceed the number allowed within the specific zoning district, provided:

a.

Multiple Parcels. In the case of multiple parcels, that the number of units in the entire project does not exceed the maximum allowable density for the zoning district; or

b.

Two or More Zoning Districts. If the site contains two or more residential zoning districts, that the number of units in the entire project does not exceed the maximum cumulative number of dwelling units permitted for the entire project.

2.

Parking Requirements. Parking shall comply with the required parking standards in Chapter 17.32 (Parking and Loading). Projects consisting of both residential and nonresidential uses may deviate from parking standards.

3.

Landscape and Common Open Space Requirements. At least twenty percent of the gross property area shall be reserved for, and devoted to, landscaped areas and useable common open space area(s), (e.g., greenbelts, lawns, riparian corridors, and pedestrian trails), excluding public parks. The required maintenance entity shall only be required to maintain the landscape and open space areas that are required for the project by this Development Code.

4.

Amenities. One or more amenities shall be provided with each project subject to a planned development permit. Examples of amenities that may be provided include recreation facilities, community meeting halls,

parks and play fields, tot lots, swimming pools, enhanced right-of-way treatments, special identity architectural elements, water features, and similar amenities of a permanent nature.

5.

Accessory Uses. Accessory commercial and service uses limited to no more than ten percent of the project's gross property area may be a component of a residential planned development project to provide daily necessities. Uses allowed include beauty/barber shops, postal facilities, quick copy shops, general stores, drug store/pharmacy, or other uses clearly intended for the convenience of residents.

6.

Maintenance. The developer of a residential project shall establish a homeowner's association for the purpose of maintaining common areas and enforcing the CC&Rs.

F.

Nonresidential Projects. In addition to the general standards provided in this section, the following standards shall apply to nonresidential projects.

1.

Parking Requirements. The number and design of off-street parking areas may deviate from the parking standards identified in this Development Code.

2.

Common Open Space Requirements. At least twenty percent of the gross property area in all nonresidential developments shall be reserved for, and devoted to, landscaped and useable pedestrian-oriented open space area(s). Open spaces may include courtyards, landscaped gardens, outdoor dining areas, plazas, and water features; but shall not include parking.

3.

Amenities. One or more amenities shall be provided with each project subject to a planned development permit. Examples of amenities that may be provided include community facilities (e.g., community center, post office), public plazas with enhanced pedestrian amenities, (e.g., water features, seating, landscaping), vehicle and/or pedestrian connections to adjacent uses/neighborhoods, unique architectural features (e.g., clock tower), water fountains, and similar amenities of a permanent nature.

4.

Signs. All nonresidential signs shall be part of a comprehensive sign program in compliance with Chapter 17.34 (Signs).

5.

Accessory Uses. Accessory commercial and service uses limited to no more than a total of twenty percent of the project's gross property area may be a component of an industrial planned development project to provide convenience items and services. Uses allowed include beauty/barber shops, postal facilities, quick

copy shops, general stores, drug store/pharmacy, eating establishments, banking facilities, or other uses clearly intended for the convenience of area workers.

G.

Interim Land Uses. Any land use normally allowed by this article in the applicable primary zoning district may be authorized within the -PD overlay district through the planned development permit. Prior to the approval of a planned development permit, allowable uses shall be limited to the following:

1.

Residential Districts. When the -PD overlay is combined with a residential zoning district, a site may be used for any of the agricultural, resource, and open space uses identified as permitted by Table 2-4. With use permit approval, a site may be used for these temporary, short-term activities involving no physical improvements to the site.

2.

Commercial Districts. When the -PD overlay is combined with a commercial zoning district, a site may be used in advance of planned development permit approval only for temporary, short-term activities involving no physical improvements to the site, when authorized by use permit approval.

3.

Industrial Districts. When the -PD overlay is combined with an industrial zoning district, a site may be used in advance of Planned Development Permit approval only for temporary, short-term activities involving no physical improvements to the site, when authorized by use permit approval.

(Ord. No. 1869, § 2, 2-20-2013; Ord. No. 2030, § 5, 3-19-2025)

ARTICLE 3. - SITE PLANNING AND GENERAL DEVELOPMENT STANDARDS Chapter 17.30 - LANDSCAPING

The purpose of this chapter is to protect public health, safety, and welfare by:

A.

Preserving and enhancing the visual character of the community, and providing cooling shade;

B.

Enhancing well-designed structures and increasing compatibility between abutting land uses and public rights-of-way by providing landscape screening and buffers; and

C.

Provide for the conservation and safeguard of water resources through the efficient use of water, appropriate use of plant materials, and regular maintenance of landscaped areas.

(Ord. No. 1869, § 2, 2-20-2013)

A.

Landscaping Required. The provisions of this chapter apply to all new proposed development. An addition to a structure that is twenty-five percent or more of the floor area of the existing structure, and any change of use, shall require that the entire parcel be brought into compliance with the requirements of this chapter. In the case of an existing use, if the amount of required landscaping cannot be accommodated because of physical constraints on the site, (e.g., structures, parking, circulation, etc.) the applicant shall provide whatever additional landscaping the site can accommodate towards meeting the landscape requirements of this chapter.

B.

Other Requirements. Standards for the provision of landscaping within the public right-of-way are located in Article 5 (Subdivisions).

(Ord. No. 1869, § 2, 2-20-2013)

A.

Preliminary Landscape Plan. A preliminary landscape plan shall be submitted as part of an application for a land use entitlement for new development, except for single family on individual lots, or the significant expansion or redevelopment of an existing use as determined by the director.

B.

Final Landscape Plan. Following approval of the land use entitlement, a final landscape plan shall be submitted as part of the application for a building permit. Final plans shall be approved by the director prior to the start of on-site construction or soil disturbance and prior to the issuance of a building permit.

C.

Content. Preliminary landscape plans and final landscape plans shall contain information as specified in the instructions for preparing landscape plans provided by the department.

D.

Review and Approval. After initial application, the director shall review each preliminary landscape plan and final landscape plan to verify its compliance with the provisions of this chapter. The director may approve the submittal in compliance with this chapter, or may disapprove or require changes to a submittal if it is not in compliance.

E.

Statement of Surety. When required by the director, a statement of surety in the form of cash, performance bond, letter of credit, or certificate of deposit, in an amount equal to one hundred fifty percent of the total value of all plant materials, irrigation, installation, and maintenance shall be posted with the city for a twoyear period. The director may require statements of surety for phased development projects, a legitimate delay in landscape installation due to seasonal requirements (including adverse weather conditions) and similar circumstances where it may not be advisable or desirable to install all of a project's landscaping before occupancy of the site.

F.

Minor Changes to Approved Plans. Landscape plan approval may include the director authorizing minor changes from the requirements of this chapter.

(Ord. No. 1869, § 2, 2-20-2013)

Landscaping shall be provided in the locations specified below except for single-family uses.

A.

Setbacks. All setback and open space areas required by this development code, and easements for utilities, and drainage courses shall be landscaped, except where it is determined by the director that landscaping is not necessary to fulfill the purposes of this chapter.

B.

Unused Areas. All areas of a project site not intended for a specific use, including pad sites in shopping centers held for future development, shall be landscaped unless it is determined by the director that landscaping is not necessary to fulfill the purposes of this chapter.

C.

Parking Areas. Parking areas shall be landscaped in compliance with the following requirements:

1.

Landscape Materials. Landscaping materials shall be provided throughout the parking lot area using a combination of trees, shrubs, and ground cover.

2.

Curbing. Areas containing plant materials shall be bordered by a concrete curb at least six inches high and six inches wide. Alternative barrier design to protect landscaped areas from damage by vehicles may be approved by the director.

3.

Location of Landscaping. Parking lot landscaping shall be located so that pedestrians are not required to cross landscaped areas to reach building entrances from parked cars. This should be achieved through

proper orientation of the landscaped fingers and islands.

4.

Bumper Overhang Areas. To increase the parking lot landscaped area, a maximum of two feet of the parking stall depth may be landscaped with low-growth, hearty materials in lieu of paving, allowing a twofoot bumper overhang while maintaining the required parking dimensions.

5.

Perimeter Parking Lot Landscaping.

a.

Adjacent to Streets. Parking areas for nonresidential uses adjoining a public street shall be designed to provide a landscaped planting strip between the street right-of-way and parking area equal in depth to the setback required by the zoning district or ten feet, whichever is greater. Required parking areas for residential uses shall not be located within the required setback areas.

The landscaping shall be designed and maintained to screen cars from view from the street and shall be a height of between thirty and forty-two inches. Screening materials may include a combination of plant materials, earth berms, solid masonry walls, raised planters, or other screening devices to meet the intent of this requirement. Shade trees shall be provided at a minimum rate of one for every thirty linear feet of landscaped area.

b.

Adjacent to Side or Rear Property Lines. Parking areas for nonresidential uses shall provide a perimeter landscaped strip at least five feet wide (inside dimension) where the facility adjoins a side or rear property line. The perimeter landscaped strip may include a required yard or buffer area. Trees shall be provided at the rate of one for each thirty linear feet of landscaped area.

c.

Adjacent to Structures. When parking areas are located adjacent to nonresidential structures, a minimum five-foot wide landscape strip shall be provided adjacent to the structure.

d.

Adjacent to Residential Use. Parking areas for nonresidential uses adjoining residential uses shall provide a landscaped buffer yard with a minimum ten-foot width between the parking area and the common property line bordering the residential use. A solid masonry wall or fence and landscape buffer shall be provided along the property line to address land use compatibility issues such as nuisance noise and light or glare. Trees shall be provided at the rate of one for each thirty linear feet of landscaped area.

6.

Interior Parking Lot Landscaping.

a.

Minimum Area of Landscaping. A minimum of five percent of the total off-street parking area shall be landscaped with trees, shrubs, and ground cover. The perimeter landscaping required by subsection (C)(5) of this section shall not be considered part of the required parking lot landscaping.

b.

Planter Dimensions. Planters with trees shall have a minimum interior dimension of five feet. All ends of parking lanes shall be separated from drive aisles by landscaped islands or other means approved by the director.

c.

Larger Projects. Parking lots with more than one hundred fifty spaces shall provide a concentration of landscape elements at primary entrances, including specimen trees, flowering plants, and enhanced paving.

(Ord. No. 1869, § 2, 2-20-2013)

17.30.050 - Residential front and street side yard landscape requirements.

The following landscape requirements apply to all residential properties:

A.

Hardscape. No more than fifty percent of the front and street side yard area, visible from the public right of way, may be paved with hardscape materials such as concrete, asphalt, pavers, etc.

B.

Landscape. Any portion of the front and street side yard, visible from the public right of way, that is not covered with a hardscape material must be landscaped with grass, annuals, perennials, groundcover, shrubs, trees, other recognized landscape materials, and any design elements such as planters, rocks, mulch and similar element when integrated as part of the landscape. Living vegetation must cover at least seventy-five percent of the landscaped yard areas.

C.

Maintenance. All landscaped yard areas must be irrigated, mowed, trimmed and maintained as often as necessary to prevent overgrowth and blight. No dirt yards shall be allowed. No junk, debris or similar materials may be stored in the front or street side yard area.

(Ord. No. 1869, § 2, 2-20-2013)

A.

Maintenance Required. All landscaped areas shall be maintained in a healthful and sound condition at all times. Irrigation systems and their components shall be maintained in a fully functional manner consistent with the originally approved design and the provisions of this chapter. Regular maintenance shall include

checking, adjusting, and repairing irrigation equipment; resetting automatic controllers; aerating and dethatching turf areas; adding/replenishing mulch, fertilizer, and soil amendments and dead or deceased plants; pruning; and weeding all landscaped areas.

B.

Water Waste Prohibited. Water waste in existing developments resulting from inefficient landscape irrigation leading to excessive runoff, low head drainage, overspray, and other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways, or structures is prohibited.

(Ord. No. 1869, § 2, 2-20-2013)

17.30.070 - Water efficient landscape requirements.

A.

Applicability.

1.

The water efficient landscape requirements shall apply to all of the following landscape projects:

a.

New construction projects with an aggregate landscape area equal to or greater than five hundred square feet requiring a building or landscape permit, plan check or design review;

b.

Rehabilitated landscape projects with an aggregate landscape area equal to or greater than two thousand five hundred square feet requiring a building or landscape permit, plan check, or design review;

c.

Existing landscapes limited to Sections 17.30.070U., V. and W.; and

d.

Cemeteries. Recognizing the special landscape management needs of cemeteries, new and rehabilitated cemeteries are limited to Sections 17.30.070G., N. and O.; and existing cemeteries are limited to Sections 17.30.070U., V. and W.

2.

Any project with an aggregate landscape area of two thousand five hundred square feet or less may comply with the performance requirements of this ordinance or conform to the prescriptive measures contained in California Code of Regulations Title 23, Chapter 2.7, § 495 Appendix D.

For projects using treated or untreated graywater or rainwater captured on site, any lot or parcel within the project that has less than two thousand five hundred square feet of landscape and meets the lot or parcel's landscape water requirement (estimated total water use) entirely with treated or untreated graywater or through stored rainwater captured on site is subject only to California Code of Regulations Title 23, Chapter 2.7, § 495 Appendix D section (5).

4.

The water efficient landscape requirements do not apply to:

a.

Registered local, state or federal historical sites;

b.

Ecological restoration projects that do not require a permanent irrigation system;

c.

Mined-land reclamation projects that do not require a permanent irrigation system; or

d.

Existing plant collections, as part of botanical gardens and arboretums open to the public.

B.

Definitions. The terms used in the water efficient landscape requirements have the meaning set forth below:

"Applied water" means the portion of water supplied by the irrigation system to the landscape.

"Automatic irrigation controller" means a timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers are able to self-adjust and schedule irrigation events using either evapotranspiration (weather-based) or soil moisture data.

"Backflow prevention device" means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.

"Certificate of completion" means the document required under Section 17.30.070L.

"Certified irrigation designer" means a person certified to design irrigation systems by an accredited academic institution, a professional trade organization, or other program, such as the US Environmental Protection Agency's WaterSense Irrigation Designer Certification Program and Irrigation Association's Certified Irrigation Designer Program.

"Certified landscape irrigation auditor" means a person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization, or other program such as the US Environmental Protection Agency's WaterSense Irrigation Auditor Certification Program and Irrigation Association's Certified Landscape Irrigation Auditor Program.

"Check valve" or "anti-drain valve" means a valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off.

"Common interest developments" means community apartment projects, condominium projects, planned developments, and stock cooperatives per Civil Code Section 1351.

"Compost" means the safe and stable product of controlled biologic decomposition of organic materials that is beneficial to plant growth.

"Conversion factor (0.62)" means the number that converts acre-inches per acre per year to gallons per square foot per year.

"Distribution uniformity" means the measure of the uniformity of irrigation water over a defined area.

"Drip irrigation" means any non-spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.

"Ecological restoration project" means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.

"Effective precipitation" or "usable rainfall," "(EPPT)" means the portion of total precipitation which becomes available for plant growth.

"Emitter" means a drip irrigation emission device that delivers water slowly from the system to the soil.

"Established landscape" means the point at which plants in the landscape have developed significant root growth into the soil. Typically, most plants are established after one or two years of growth.

"Establishment period of the plants" means the first year after installing the plant in the landscape or the first two years if irrigation will be terminated after establishment. Typically, most plants are established after one or two years of growth. Native habitat mitigation areas and trees may need three to five years for establishment.

"Estimated total water use," "(ETWU)" means the total water used for the landscape as described in Section 17.30.070G.

"ET adjustment factor" (ETAF) means a factor of 0.55 for residential areas and 0.45 for non-residential areas that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. The ETAF for new and existing (non-rehabilitated) special landscape area shall not exceed 1.0. The ETAF for existing nonrehabilitated landscapes is 0.8.

"Evapotranspiration rate" means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time.

"Flow rate" means the rate at which water flows through pipes, valves and emission devices, measured in gallons per minute, gallons per hour, or cubic feet per second.

"Flow sensor" means an inline device installed at the supply point of the irrigation system that produces a repeatable signal proportional to flow rate. Flow sensors must be connected to an automatic irrigation controller, or flow monitor capable of receiving flow signals and operating master valves. This combination flow sensor/controller may also function as a landscape water meter or submeter.

"Friable" means a soil condition that is easily crumbled or loosely compacted down to a minimum depth per planting material requirements, whereby the root structure of newly-planted material will be allowed to spread unimpeded.

"Fuel modification plan guidelines" means guidelines from a local fire authority to assist residents and businesses that are developing land or building structures in a fire hazard severity zone.

"Graywater" means untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. "Graywater" includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers. Health and Safety Code Section 17922.12.

"Hardscapes" means any durable material (pervious and non-pervious).

"Hydrozone" means a portion of the landscaped area having plants with similar water needs and rooting depth. A hydrozone may be irrigated or non-irrigated.

"Infiltration rate" means the rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour).

"Invasive plant species" means species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive species may be regulated by county agricultural agencies as noxious species. Lists of invasive plants are maintained at the California Invasive Plant Inventory and USDA Invasive and Noxious Weeds.

"Irrigation audit" means an in-depth evaluation of the performance of an irrigation system conducted by a certified landscape irrigation auditor. An irrigation audit includes, but is not limited to: inspection, system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. The audit must be conducted in a manner consistent with the Irrigation Association's Landscape Irrigation Auditor Certification program or other U.S. Environmental Protection Agency "Watersense" labeled auditing program.

"Irrigation efficiency," "(IE)" means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The irrigation efficiency for purposes of the water efficient landscape requirements are 0.75 for overhead spray devices and 0.81 for drip systems.

"Irrigation survey" means an evaluation of an irrigation system that is less detailed than an irrigation audit. An irrigation survey includes, but is not limited to: inspection, system test, and written recommendations to improve performance of the irrigation system.

"Irrigation water use analysis" means an analysis of water-use data based on meter readings and billing data.

"Landscape architect" means a person who holds a license to practice landscape architecture in the state of California pursuant to Business and Professions Code Section 5615.

"Landscape area" means all the planting areas, turf areas, and water features in a landscape design plan subject to the maximum applied water allowance calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other non-irrigated areas designated for nondevelopment (e.g., open spaces and existing native vegetation).

"Landscape contractor" means a person licensed by the state of California to construct, maintain, repair, install, or subcontract the development of landscape systems.

"Landscape documentation package" means the documents required under Section 17.30.070F.

"Landscape project" means total area of landscape in a project as defined in "landscape area" for the purposes of the water efficient landscape requirements, meeting requirements under Section 17.30.070A.

"Landscape water meter" means an inline device installed at the irrigation supply point that measures the flow of water into the irrigation system and is connected to a totalizer to record water use.

"Lateral line" means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve.

"Local water purveyor" means any entity, including a public agency, city, county, or private water company, that provides retail water service.

"Low volume irrigation" means the application of irrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as drip, drip lines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.

"Main line" means the pressurized pipeline that delivers water from the water source to the valve or outlet.

"Master shut-off valve" is an automatic valve installed at the irrigation supply point which controls water flow into the irrigation system. When this valve is closed, water will not be supplied to the irrigation system. A master valve will greatly reduce any water loss due to a leaky station valve.

"Maximum applied water allowance," "(MAWA)" means the upper limit of annual applied water for the established landscaped area as specified in Section 17.30.070G. It is based upon the area's reference evapotranspiration, the ET adjustment factor, and the size of the landscape area. The estimated total water use shall not exceed the maximum applied water allowance. Special landscape areas, including recreation areas, areas permanently and solely dedicated to edible plants, such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAWA with an ETAF not to exceed 1.0. MAWA = (ETo) (0.62) [(ETAF x LA) + ((1-ETAF) x SLA)].

"Median" is an area between opposing lanes of traffic that may be unplanted or planted with trees, shrubs, perennials, and ornamental grasses.

"Microclimate" means the climate of a small, specific area that may contrast with the climate of the overall landscape area due to factors such as wind, sun exposure, plant density, or proximity to reflective surfaces.

"Mined-land reclamation projects" means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975.

"Mulch" means any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, and decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.

"New construction" means, for the purposes of this title, a new building with a landscape or other new landscape, such as a park, playground, or greenbelt without an associated building.

"Non-residential landscape" means landscapes in commercial, institutional, industrial, and public settings that may have areas designated for recreation or public assembly. It also includes portions of common areas of common interest developments with designated recreational areas.

"Operating pressure" means the pressure at which the parts of an irrigation system are designed by the manufacturer to operate.

"Overhead sprinkler irrigation systems" means systems that deliver water through the air (e.g., spray heads and rotors).

"Overspray" means the irrigation water which is delivered beyond the target area.

"Permit" means an authorizing document issued by local agencies for new construction or rehabilitated landscapes.

"Pervious" means any surface or material that allows the passage of water through the material and into the underlying soil.

"Plant factor" or "plant water use factor" is a factor, when multiplied by ETo, estimates the amount of water needed by plants. For purposes of this title, the plant factor range for very low water use plants is 0 to 0.1, the plant factor range for low water use plants is 0.1 to 0.3, the plant factor range for moderate water use plants is 0.4 to 0.6, and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this title are derived from the publication "water use classification of landscape species." Plant factors may also be obtained from horticultural researchers from academic institutions or professional associations as approved by the California Department of Water Resources (DWR).

"Project applicant" means the individual or entity submitting a landscape documentation package required under Section 17.30.070F., to request a permit, plan check, or design review from the city of Lodi. A project applicant may be the property owner or his or her designee.

"Rain sensor" or "rain sensing shutoff device" means a component which automatically suspends an irrigation event when it rains.

"Record drawing" or "as-builts" means a set of reproducible drawings which show significant changes in the work made during construction and which are usually based on drawings marked up in the field and

other data furnished by the contractor.

"Recreational area" means areas, excluding private single-family residential areas, designated for active play, recreation or public assembly in parks, sports fields, picnic grounds, amphitheaters or golf course tees, fairways, roughs, surrounds and greens where turf provides a playing surface.

"Recycled water," "reclaimed water," or "treated sewage effluent water" means treated or recycled waste water of a quality suitable for non-potable uses such as landscape irrigation and water features. This water is not intended for human consumption.

"Reference evapotranspiration" or "ETo" means a standard measurement of environmental parameters which affect the water use of plants. ETo is expressed in inches per day, month, or year, and is an estimate of the evapotranspiration of a large field of four- to seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the maximum applied water allowance so that regional differences in climate can be accommodated.

ental parameters which affect the water use of plants. ETo is expressed in inches per day, month, or year, and is an estimate of the evapotranspiration of a large field of four- to seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the maximum applied water allowance so that regional differences in climate can be accommodated.

"Regional water efficient landscape ordinance" means a local ordinance adopted by two or more local agencies, water suppliers and other stakeholders for implementing a consistent set of landscape provisions throughout a geographical region. Regional ordinances are strongly encouraged to provide a consistent framework for the landscape industry and applicants to adhere to.

"Rehabilitated landscape" means any re-landscaping project that requires a permit, plan check, or design review, meets the requirements of Section 17.30.070A., and the modified landscape area is equal to or greater than two thousand five hundred square feet.

"Residential landscape" means landscapes surrounding single or multifamily homes.

"Runoff" means water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope.

"Soil moisture sensing device" or "soil moisture sensor" means a device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event.

"Soil texture" means the classification of soil based on its percentage of sand, silt, and clay.

"Special landscape area" (SLA) means an area of the landscape dedicated solely to edible plants, recreational areas, areas irrigated with recycled water, or water features using recycled.

"Sprinkler head" means a device which delivers water through a nozzle.

"Static water pressure" means the pipeline or municipal water supply pressure when water is not flowing.

"Station" means an area served by one valve or by a set of valves that operate simultaneously.

"Submeter" means a metering device to measure water applied to the landscape that is installed after the primary utility water meter.

"Swing joint" means an irrigation component that provides a flexible, leak-free connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage.

"Turf" means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermudagrass, Kikuyugrass, Seashore Paspalum, St. Augustinegrass, Zoysiagrass, and Buffalo grass are warm-season grasses.

"Valve" means a device used to control the flow of water in the irrigation system.

"Water conserving plant species" means a plant species identified as having a very low or low plant factor.

"Water feature" means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscape area. Constructed wetlands used for on-site wastewater treatment or

stormwater best management practices that are not irrigated and used solely for water treatment or stormwater retention are not water features and, therefore, are not subject to the water budget calculation.

"Watering window" means the time of day irrigation is allowed.

"WUCOLS" means the Water Use Classification of Landscape Species published by the University of California Cooperative Extension, the Department of Water Resources 2014 edition.

C.

Provisions for New Construction or Rehabilitated Landscapes. The city of Lodi may designate by mutual agreement, another agency, such as a water purveyor, to implement some or all of the requirements contained in the water efficient landscape requirements. The city may collaborate with water purveyors to define each entity's specific responsibilities relating to this title.

D.

Compliance with Landscape Documentation Package.

1.

Prior to construction, the city shall:

a.

Provide the project applicant with the ordinance and procedures for permits, plan checks, or design reviews;

b.

Review the landscape documentation package submitted by the project applicant;

c.

Approve or deny the landscape documentation package;

d.

Issue a permit or approve the plan check or design review for the project applicant; and

e.

Upon approval of the landscape documentation package, submit a copy of the water efficient landscape worksheet to the local water purveyor.

2.

Prior to construction, the project applicant shall:

a.

Submit a landscape documentation package to the city.

3.

Upon approval of the landscape documentation package by the city, the project applicant shall:

a.

Receive a permit or approval of the plan check or design review and record the date of the permit in the certificate of completion;

b.

Submit a copy of the approved landscape documentation package, along with the record drawings, and any other information to the property owner or his/her designee; and

c.

Submit a copy of the water efficient landscape worksheet to the local water purveyor.

E.

Penalties. The city may identify penalties to the project for non-compliance with the water efficient landscape requirements.

F.

Elements of the Landscape Documentation Package. The landscape documentation package shall include the following six elements:

1.

Project information:

a.

Date;

b.

Project applicant;

c.

Project address (if available, parcel and/or lot number(s));

d.

Total landscape area (square feet);

e.

Project type (e.g., new, rehabilitated, public, private, cemetery, homeowner-installed);

f.

Water supply type (e.g., potable, recycled, well) and identify the local retail water purveyor if the applicant is not served by a private well;

g.

Checklist of all documents in landscape documentation package;

h.

Project contacts to include contact information for the project applicant and property owner; and

i.

Applicant signature and date with statement: "I agree to comply with the requirements of the Water Efficient Landscape Requirements and submit a complete Landscape Documentation Package".

2.

Water efficient landscape worksheet:

a.

Hydrozone information table;

b.

Water budget calculations:

i.

Maximum applied water allowance (MAWA); and

ii.

Estimated total water use (ETWU).

3.

Soil management report.

4.

Landscape design plan.

5.

Irrigation design plan.

6.

Grading design plan.

G.

Water Efficient Landscape Worksheet.

1.

A project applicant shall complete the water efficient landscape worksheet which contains information on the plant factor, irrigation method, irrigation efficiency, and area associated with each hydrozone. Calculations are then made to show that the evapotranspiration adjustment factor (ETAF) for the landscape project does not exceed a factor of 0.55 for residential areas and 0.45 for non- residential areas, exclusive of special landscape areas. The ETAF for a landscape project is based on the plant factors and irrigation methods selected. The maximum applied water allowance is calculated based on the maximum ETAF allowed (0.55 for residential areas and 0.45 for non-residential areas) and expressed as annual gallons required. The estimated total water use (ETWU) is calculated based on the plants used and irrigation method selected for the landscape design. ETWU must be below the MAWA.

In calculating the maximum applied water allowance and estimated total water use, a project applicant shall use the ETo values from the reference evapotranspiration table below. For geographic areas not covered in California Code of Regulations Title 23, Chapter 2.7, § 495 Appendix A, use data from other cities located nearby in the same reference evapotranspiration zone, as found in the CIMIS Reference Evapotranspiration Zones Map, Department of Water Resources, 1999.

*The values in this table were derived from:

1. California Irrigation Management Information System (CIMIS);

2. Reference EvapoTranspiration Zones Map, UC Dept. of Land, Air & Water Resources and California Dept of Water Resources 1999;

3. Reference Evapotranspiration for California, University of California, Department of Agriculture and Natural Resources (1987) Bulletin 1922; and

4. Determining Daily Reference Evapotranspiration, Cooperative Extension UC Division of Agriculture and Natural Resources (1987), Publication Leaflet 21426.

2.

Water budget calculations shall adhere to the following requirements:

a.

The plant factor used shall be from WUCOLS or from horticultural researchers with academic institutions or professional associations as approved by the California Department of Water Resources (DWR). The plant factor ranges from 0 to 0.1 for very low water using plants, 0.1 to 0.3 for low water use plants, from 0.4 to 0.6 for moderate water use plants, and from 0.7 to 1.0 for high water use plants.

b.

All water features shall be included in the high water use hydrozone and temporarily irrigated areas shall be included in the low water use hydrozone.

c.

All special landscape areas shall be identified and their water use calculated as shown in California Code of Regulations Title 23, Chapter 2.7, § 495 Appendix B.

d.

ETAF for new and existing (non-rehabilitated) special landscape areas shall not exceed 1.0.

H.

Soil Management Report. In order to reduce runoff and encourage healthy plant growth, a soil management report shall be completed by the project applicant, or his/her designee, as follows:

1.

Submit soil samples to a laboratory for analysis and recommendations.

a.

Soil sampling shall be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants.

b.

The soil analysis shall include:

i.

Soil texture;

ii.

Infiltration rate determined by laboratory test or soil texture infiltration rate table;

iii.

pH;

iv.

Total soluble salts;

v.

Sodium;

vi.

Percent organic matter; and

vii.

Recommendations.

c.

In projects with multiple landscape installations (i.e., production home developments) a soil sampling rate of one in seven lots or approximately fifteen percent will satisfy this requirement. Large landscape projects shall sample at a rate equivalent to one in seven lots.

2.

The project applicant, or his/her designee, shall comply with one of the following:

a.

If significant mass grading is not planned, the soil analysis report shall be submitted to the city as part of the landscape documentation package; or

b.

If significant mass grading is planned, the soil analysis report shall be submitted to the city as part of the certificate of completion.

3.

The soil analysis report shall be made available, in a timely manner, to the professionals preparing the landscape design plans and irrigation design plans to make any necessary adjustments to the design

plans.

4.

The project applicant, or his/her designee, shall submit documentation verifying implementation of soil analysis report recommendations to the city with certificate of completion.

I.

Landscape Design Plan.

1.

For the efficient use of water, a landscape shall be carefully designed and planned for the intended function of the project. A landscape design plan meeting the following design criteria shall be submitted as part of the landscape documentation package.

a.

Plant Material.

i.

Any plant may be selected for the landscape, providing the estimated total water use in the landscape area does not exceed the maximum applied water allowance. Methods to achieve water efficiency shall include one or more of the following:

(A)

Protection and preservation of native species and natural vegetation;

(B)

Selection of water-conserving plant, tree and turf species, especially local native plants;

(C)

Selection of plants based on local climate suitability, disease and pest resistance;

(D)

Selection of trees based on applicable city tree ordinances or tree shading guidelines, and size at maturity as appropriate for the planting area;

(E)

Selection of plants from city and regional landscape program plant lists; and

(F)

Selection of plants from local fuel modification plan guidelines.

ii.

Each hydrozone shall have plant materials with similar water use, with the exception of hydrozones with plants of mixed water use, as specified in Section 17.30.070J.1.b.iv.

iii.

Plants shall be selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the project site. Methods to achieve water efficiency shall include one or more of the following:

(A)

Use the sunset western climate zone system which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental and marine influence on local climate;

(B)

Recognize the horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure [e.g., buildings, sidewalks, power lines]; allow for adequate soil volume for healthy root growth; and

(C)

Consider the solar orientation for plant placement to maximize summer shade and winter solar gain.

iv.

Turf is not allowed on slopes greater than twenty-five percent where the toe of the slope is adjacent to an impermeable hardscape and where twenty-five percent means one foot of vertical elevation change for every four feet of horizontal length (rise divided by run multiplied by one hundred equals slope percent).

v.

High water use plants, characterized by a plant factor of 0.7 to 1.0, are prohibited in street medians

vi.

A landscape design plan for projects in fire-prone areas shall address fire safety and prevention. A defensible space or zone around a building or structure is required per Public Resources Code Sections 4291(a) and (b). Avoid fire-prone plant materials and highly flammable mulches. Refer to the local fuel modification plan guidelines.

vii.

The use of invasive plant species, such as those listed by the California Invasive Plant Council, is strongly discouraged.

viii.

The architectural guidelines of a common interest development, which include community apartment projects, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low-water use plants as a group.

b.

Water Features.

i.

Recirculating water systems shall be used for water features.

ii.

Where available, recycled water shall be used as a source for decorative water features.

iii.

Surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation.

iv.

Pool and spa covers are highly recommended.

c.

Soil Preparation, Mulch, and Amendments.

i.

Prior to the planting of any materials, compacted soils shall be transformed to a friable condition. On engineered slopes, only amended planting holes need meet this requirement.

ii.

Soil amendments shall be incorporated according to recommendations of the soil report and what is appropriate for the plants selected (see California Code of Regulations Title 23, Chapter 2.7, § 492.5).

iii.

For landscape installations, compost at a rate of a minimum of four cubic yards per one thousand square feet of permeable area shall be incorporated to a depth of six inches into the soil. Soils with greater than six percent organic matter in the top six inches of soil are exempt from adding compost and tilling.

iv.

A minimum three-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife, up to five percent of the

landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.

v.

Stabilizing mulching products shall be used on slopes that meet current engineering standards.

vi

The mulching portion of the seed/mulch slurry in hydro-seeded applications shall meet the mulching requirement.

vii.

Organic mulch materials made from recycled or post-consumer products shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances.

2.

The landscape design plan, at a minimum, shall:

a.

Delineate and label each hydrozone by number, letter, or other method;

b.

Identify each hydrozone as low, moderate, high water, or mixed water use. Temporarily irrigated areas of the landscape shall be included in the low water use hydrozone for the water budget calculation;

c.

Identify recreational areas;

d.

Identify areas permanently and solely dedicated to edible plants;

e.

Identify areas irrigated with recycled water;

f.

Identify type of mulch and application depth;

g.

Identify soil amendments, type, and quantity;

h.

Identify type and surface area of water features;

i.

Identify hardscapes (pervious and non-pervious);

j.

Identify location and installation details, and twenty-four-hour retention or infiltration capacity of any applicable stormwater best management practices that encourage on-site retention and infiltration of stormwater. Project applicants shall refer to the local agency or regional water quality control board for information on any applicable stormwater technical requirements. Stormwater best management practices are encouraged in the landscape design plan and examples (see Section 17.30.070S.).

k.

Identify any applicable rain harvesting or catchment technologies as discussed in Section 17.30.070S. and their twenty-four-hour retention or infiltration capacity;

l.

Identify any applicable graywater discharge piping, system components and area(s) of distribution;

m.

Contain the following statement: "I have complied with the criteria of the Water Efficient Landscape Requirements and applied them for the efficient use of water in the landscape design plan"; and

n.

Bear the signature of a licensed landscape architect, licensed landscape contractor, or any other person authorized to design a landscape.

J.

Irrigation Design Plan.

1.

This section applies to landscaped areas requiring permanent irrigation, not areas that require temporary irrigation solely for the plant establishment period. For the efficient use of water, an irrigation system shall meet all the requirements listed in this section and the manufacturers' recommendations. The irrigation system and its related components shall be planned and designed to allow for proper installation, management, and maintenance. An irrigation design plan meeting the following design criteria shall be submitted as part of the landscape documentation package.

a.

System.

i.

Landscape water meters, defined as either a dedicated water service meter or private submeter, shall be installed for all non-residential irrigated landscapes of one thousand square feet but not more than five thousand square feet (the level at which Water Code Section 535 applies) and residential irrigated landscapes of five thousand square feet or greater. A landscape water meter may be either:

(A)

A customer service meter dedicated to landscape use provided by the local water purveyor; or

(B)

A privately-owned meter or submeter.

ii.

Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data utilizing nonvolatile memory shall be required for irrigation scheduling in all irrigation systems.

iii.

If the water pressure is below or exceeds the recommended pressure of the specified irrigation devices, the installation of a pressure regulating device is required to ensure that the dynamic pressure at each emission device is within the manufacturer's recommended pressure range for optimal performance.

(A)

If the static pressure is above or below the required dynamic pressure of the irrigation system, pressureregulating devices such as inline pressure regulators, booster pumps, or other devices shall be installed to meet the required dynamic pressure of the irrigation system.

(B)

Static water pressure, dynamic or operating pressure, and flow reading of the water supply shall be measured at the point of connection. These pressure and flow measurements shall be conducted at the design stage. If the measurements are not available at the design stage, the measurements shall be conducted at installation.

iv.

Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions shall be required on all irrigation systems, as appropriate for local climatic conditions. Irrigation should be avoided during windy or freezing weather or during rain.

v.

Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be required, as close as possible to the point of connection of the water supply, to minimize water loss in case of an emergency (such as a main line break) or routine repair.

vi.

Backflow prevention devices shall be required to protect the water supply from contamination by the irrigation system. A project applicant shall refer to the applicable city code (i.e., public health) for additional backflow prevention requirements.

vii.

Flow sensors that detect high flow conditions created by system damage or malfunction are required for all non-residential landscapes and residential landscapes of five thousand square feet or larger.

viii.

Master shut-off valves are required on all projects except landscapes that make use of technologies that allow for the individual control of sprinklers that are individually pressurized in a system equipped with lowpressure shut-down features.

ix.

The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto non-targeted areas, such as adjacent property, non-irrigated areas, hardscapes, roadways, or structures.

x.

Relevant information from the soil management plan, such as soil type and infiltration rate, shall be utilized when designing irrigation systems.

xi.

The design of the irrigation system shall conform to the hydrozones of the landscape design plan.

xii.

The irrigation system must be designed and installed to meet, at a minimum, the irrigation efficiency criteria as described in Section 17.30.070G. regarding the maximum applied water allowance.

xiii.

All irrigation emission devices must meet the requirements set in the American National Standards Institute (ANSI) standard, American Society of Agricultural and Biological Engineers'/International Code Council's (ASABE/ICC) 802-2014 "Landscape Irrigation Sprinkler and Emitter Standard." All sprinkler heads installed in the landscape must document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014.

xiv.

It is highly recommended that the project applicant or city inquire with the local water purveyor about peak water operating demands (on the water supply system) or water restrictions that may impact the effectiveness of the irrigation system.

xv.

In mulched planting areas, the use of low volume irrigation is required to maximize water infiltration into the root zone.

xvi.

Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer's recommendations.

xvii.

Head-to-head coverage is recommended. However, sprinkler spacing shall be designed to achieve the highest possible distribution uniformity using the manufacturer's recommendations.

xviii.

Swing joints or other riser-protection components are required on all risers subject to damage that are adjacent to hardscapes or in high traffic areas of turfgrass.

xix.

Check valves or anti-drain valves are required systems on all sprinkler heads where low point drainage could occur.

xx.

Areas less than ten feet in width in any direction shall be irrigated with subsurface irrigation or other means that produce no runoff or overspray.

xxi.

Overhead irrigation shall not be permitted within twenty-four inches of any non-permeable surface. Allowable irrigation within the setback from non-permeable surfaces may include drip, drip line, or other low flow non-spray technology. The setback area may be planted or unplanted. The surfacing of the setback may be mulch, gravel, or other porous material. These restrictions may be modified if:

(A)

The landscape area is adjacent to permeable surfacing and no runoff occurs;

(B)

The adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping; or

(C)

The irrigation designer specifies an alternative design or technology, as part of the landscape documentation package and clearly demonstrates strict adherence to irrigation system design criteria in Section 17.30.070J.1.a.ix. Prevention of overspray and runoff must be confirmed during the irrigation audit.

xxii.

Slopes greater than twenty-five percent shall not be irrigated with an irrigation system with an application rate exceeding 0.75 inches per hour. This restriction may be modified if the landscape designer specifies an alternative design or technology, as part of the landscape documentation package, and clearly demonstrates no runoff or erosion will occur. Prevention of runoff and erosion must be confirmed during the irrigation audit.

b.

Hydrozone.

i.

Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions, and plant materials with similar water use.

ii.

Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone.

iii.

Where feasible, trees shall be placed on separate valves from shrubs, groundcovers, and turf to facilitate the appropriate irrigation of trees. The mature size and extent of the root zone shall be considered when designing irrigation for trees.

iv.

Individual hydrozones that mix plants of moderate and low water use, or moderate and high water use, may be allowed if:

(A)

Plant factor calculation is based on the proportions of the respective plant water uses and their plant factor; or

(B)

The plant factor of the higher water using plant is used for calculations.

v.

Individual hydrozones that mix high and low water use plants shall not be permitted.

vi.

On the landscape design plan and irrigation design plan, hydrozone areas shall be designated by number, letter, or other designation. On the irrigation design plan, designate the areas irrigated by each valve, and assign a number to each valve. Use this valve number in the Hydrozone Information Table (see California

Code of Regulations Title 23, Chapter 2.7, § 495 Appendix B, Section A). This table can also assist with the irrigation audit and programming the controller.

2.

The irrigation design plan, at a minimum, shall contain:

a.

Location and size of separate water meters for landscape;

b.

Location, type and size of all components of the irrigation system, including controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators, and backflow prevention devices;

c.

Static water pressure at the point of connection to the public water supply;

d.

Flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (pressure per square inch) for each station;

e.

Recycled water irrigation systems as specified in Section 17.30.070Q.;

f.

The following statement: "I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the irrigation design plan"; and

g.

The signature of a licensed landscape architect, certified irrigation designer, licensed landscape contractor, or any other person authorized to design an irrigation system.

K.

Grading Design Plan. For the efficient use of water, grading of a project site shall be designed to minimize soil erosion, runoff, and water waste. A grading plan shall be submitted as part of the landscape

documentation package. A comprehensive grading plan prepared by a civil engineer for other city permits satisfies this requirement.

1.

The project applicant shall submit a landscape grading plan that indicates finished configurations and elevations of the landscape area including:

a.

Height of graded slopes;

b.

Drainage patterns;

c.

Pad elevations;

d.

Finish grade; and

e.

Stormwater retention improvements, if applicable.

2.

To prevent excessive erosion and runoff, it is highly recommended that project applicants:

a.

Grade so that all irrigation and normal rainfall remains within property lines and does not drain on to nonpermeable hardscapes;

b.

Avoid disruption of natural drainage patterns and undisturbed soil; and

c.

Avoid soil compaction in landscape areas.

3.

The grading design plan shall contain the following statement: "I have complied with the criteria of the Water Efficient Landscape Requirements and applied them accordingly for the efficient use of water in the grading design plan" and shall bear the signature of a licensed professional as authorized by law.

L.

Certificate of Completion.

1.

The certificate of completion shall include the following six elements:

a.

Project information sheet that contains:

i.

Date;

ii.

Project name;

iii.

Project applicant name, telephone, and mailing address;

iv.

Project address and location; and

v.

Property owner name, telephone, and mailing address.

b.

Certification by either the signer of the landscape design plan, the signer of the irrigation design plan, or the licensed landscape contractor that the landscape project has been installed per the approved landscape documentation package.

i.

Where there have been significant changes made in the field during construction, these "as-built" or record drawings shall be included with the certification.

ii.

A diagram of the irrigation plan showing hydrozones shall be kept with the irrigation controller for subsequent management purposes.

c.

Irrigation scheduling parameters used to set the controller (see Section 17.30.070M.);

d.

Landscape and irrigation maintenance schedule (see Section 17.30.070N.);

e.

Irrigation audit report (see Section 17.30.070O.); and

f.

Soil management report, if not submitted with landscape documentation package, and documentation verifying implementation of soil report recommendations (see Section 17.30.070H.).

2.

The project applicant shall:

a.

Submit the signed certificate of completion to the city for review; and

b.

Ensure that copies of the approved certificate of completion are submitted to the local water purveyor and property owner or his or her designee.

3.

The city shall:

a.

Receive the signed certificate of completion from the project applicant; and

b.

Approve or deny the certificate of completion. If the certificate of completion is denied, the city shall provide information to the project applicant regarding reapplication, appeal, or other assistance.

M.

Irrigation Scheduling. For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation schedules shall meet the following criteria:

1.

Irrigation scheduling shall be regulated by automatic irrigation controllers.

2.

Overhead irrigation shall be scheduled between eight p.m. and ten a.m. unless weather conditions prevent it. If allowable hours of irrigation differ from the local water purveyor, the stricter of the two shall apply. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.

3.

For implementation of the irrigation schedule, particular attention must be paid to irrigation run times, emission device, flow rate, and current reference evapotranspiration, so that applied water meets the estimated total water use. Total annual applied water shall be less than or equal to maximum applied water

allowance (MAWA). Actual irrigation schedules shall be regulated by automatic irrigation controllers using current reference evapotranspiration data (e.g., CIMIS) or soil moisture sensor data.

4.

Parameters used to set the automatic controller shall be developed and submitted for each of the following:

a.

The plant establishment period;

b.

The established landscape; and

c.

Temporarily irrigated areas.

5.

Each irrigation schedule shall consider for each station all of the following that apply:

a.

Irrigation interval (days between irrigation);

b.

Irrigation run times (hours or minutes per irrigation event to avoid runoff);

c.

Number of cycle starts required for each irrigation event to avoid runoff;

d.

Amount of applied water scheduled to be applied on a monthly basis;

e.

Application rate setting;

f.

Root depth setting;

g.

Plant type setting;

h.

Soil type;

i.

Slope factor setting;

j.

Shade factor setting; and

k.

Irrigation uniformity or efficiency setting.

N.

Landscape and Irrigation Maintenance Schedule.

1.

Landscapes shall be maintained to ensure water use efficiency. A regular maintenance schedule shall be submitted with the certificate of completion.

2.

A regular maintenance schedule shall include, but not be limited to, routine inspection; auditing, adjustment and repair of the irrigation system and its components; aerating and dethatching turf areas; topdressing with compost; replenishing mulch; fertilizing; pruning; weeding in all landscape areas; and removing obstructions to emission devices. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.

3.

Repair of all irrigation equipment shall be done with the originally-installed components or their equivalents or with components with greater efficiency.

4.

A project applicant is encouraged to implement established landscape industry sustainable best practices for all landscape maintenance activities.

O.

Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis.

1.

All landscape irrigation audits shall be conducted by a local agency landscape irrigation auditor or a third party certified landscape irrigation auditor. Landscape audits shall not be conducted by the person who designed the landscape or installed the landscape.

2.

In large projects or projects with multiple landscape installations (i.e., production home developments), an auditing rate of one in seven lots or approximately fifteen percent will satisfy this requirement.

3.

For new construction and rehabilitated landscape projects, as described in Section 17.30.070A.:

a.

The project applicant shall submit an irrigation audit report with the certificate of completion to the city that may include, but is not limited to: inspection, system tune-up, system test with distribution uniformity, reporting overspray or run off that causes overland flow, and preparation of an irrigation schedule, including configuring irrigation controllers with application rate, soil types, plant factors, slope, exposure and any other factors necessary for accurate programming; and

b.

The city shall administer programs that may include, but not be limited to, irrigation water use analysis, irrigation audits, and irrigation surveys for compliance with the maximum applied water allowance.

P.

Irrigation Efficiency. For the purpose of determining estimated total water use, average irrigation efficiency is assumed to be 0.75 for overhead spray devices and 0.81 for drip system devices.

Q.

Recycled Water.

1.

The installation of recycled water irrigation systems shall allow for the current and future use of recycled water.

2.

All recycled water irrigation systems shall be designed and operated in accordance with all applicable city and state laws.

3.

Landscapes using recycled water are considered special landscape areas. The ET adjustment factor for new and existing (non-rehabilitated) special landscape areas shall not exceed 1.0.

R.

Graywater Systems.

Graywater systems promote the efficient use of water and are encouraged to assist in on-site landscape irrigation. All graywater systems shall conform to the California Plumbing Code (Title 24, Part 5, Chapter 16) and any applicable local ordinance standards. Refer to Section 17.30.010D. for the applicability of this ordinance to landscape areas less than two thousand five hundred square feet with the estimated total water use met entirely by graywater.

S.

Stormwater Management and Rainwater Retention.

1.

Stormwater management practices minimize runoff and increase infiltration which recharges groundwater and improves water quality. Implementing stormwater best management practices into the landscape and grading design plans to minimize rainwater runoff and to increase on-site retention and infiltration are encouraged.

2.

Project applicants shall refer to the city or regional water quality control board for information on any applicable stormwater technical requirements.

3.

All planted landscape areas are required to have friable soil to maximize water retention and infiltration. Refer to California Code of Regulations Title 23, Chapter 2.7, § 492.6(a).

4.

It is strongly recommended that landscape areas be designed for capture and infiltration capacity that is sufficient to prevent runoff from impervious surfaces (i.e., roof and paved areas) from either: (1) the one inch, twenty-four-hour rain event or (2) the eighty-fifth percentile, twenty-four-hour rain event, and/or additional capacity as required by any applicable local, regional, state or federal regulation.

5.

It is recommended that storm water projects incorporate any of the following elements to improve on-site storm water and dry weather runoff capture and use:

a.

Grade impervious surfaces, such as driveways, during construction to drain to vegetated areas.

b.

Minimize the area of impervious surfaces such as paved areas, roof and concrete driveways.

c.

Incorporate pervious or porous surfaces (e.g., gravel, permeable pavers or blocks, pervious or porous concrete) that minimize runoff.

d.

Direct runoff from paved surfaces and roof areas into planting beds or landscaped areas to maximize site water capture and reuse.

e.

Incorporate rain gardens, cisterns, and other rain harvesting or catchment systems.

f.

Incorporate infiltration beds, swales, basins and drywells to capture storm water and dry weather runoff and increase percolation into the soil.

g.

Consider constructed wetlands and ponds that retain water, equalize excess flow, and filter pollutants.

T.

Public Education.

1.

Publications. Education is a critical component to promote the efficient use of water in landscapes. The use of appropriate principles of design, installation, management and maintenance that save water is encouraged in the community.

a.

The city shall provide information to owners of permitted renovations and new, single-family residential homes regarding the design, installation, management, and maintenance of water efficient landscapes based on a water budget.

2.

Model Homes. All model homes shall be landscaped and use signs and written information to demonstrate the principles of water efficient landscapes described in this title.

a.

Signs shall be used to identify the model as an example of a water efficient landscape featuring elements such as hydrozones, irrigation equipment, and others that contribute to the overall water efficient theme. Signage shall include information about the site water use as designed per the local ordinance; specify who designed and installed the water efficient landscape; and demonstrate low water use approaches to landscaping such as using native plants, graywater systems, and rainwater catchment systems.

b.

Information shall be provided about designing, installing, managing, and maintaining water efficient landscapes.

U.

Provisions for Existing Landscapes. The city may by mutual agreement designate another agency, such as a water purveyor, to implement some or all of the requirements contained in this title. Local agencies may collaborate with water purveyors to define each entity's specific responsibilities relating to this title.

V.

Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis.

1.

This section shall apply to all existing landscapes that were installed before December 1, 2015 and are over one acre in size.

a.

For all landscapes that have a water meter, the city shall administer programs that may include, but not be limited to, irrigation water use analyses, irrigation surveys, and irrigation audits to evaluate water use and provide recommendations as necessary to reduce landscape water use to a level that does not exceed the maximum applied water allowance for existing landscapes. The maximum applied water allowance for existing landscapes shall be calculated as: MAWA = (0.8) (ETo)(LA)(0.62).

b.

For all landscapes that do not have a meter, the city shall administer programs that may include, but not be limited to, irrigation surveys and irrigation audits to evaluate water use and provide recommendations as necessary in order to prevent water waste.

2.

All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor.

W.

Water Waste Prevention.

1.

The city shall prevent water waste resulting from inefficient landscape irrigation by prohibiting runoff from leaving the target landscape due to low head drainage, overspray, or other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, parking lots, or structures. Penalties for violation of these prohibitions shall be established locally.

2.

Restrictions regarding overspray and runoff may be modified if:

a.

The landscape area is adjacent to permeable surfacing and no runoff occurs; or

b.

The adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping.

X.

Effective Precipitation. The city considers effective precipitation (twenty-five percent of annual precipitation) in tracking water use and uses the following equation to calculate maximum applied water allowance:

MAWA= (ETo - Eppt) (0.62) [(0.7 x LA) + (0.3 x SLA)] for residential areas.

MAWA= (ETo - Eppt) (0.62) [(0.45 x LA) + (0.55 x SLA)] for non-residential areas.

(Ord. No. 1929, § 1, 10-19-2016)

Editor's note— Ord. No. 1929, § 1, adopted Oct. 19, 2019, repealed the former § 17.30.070, and enacted a new § 17.30.070 as set out herein. The former § 17.30.070 pertained to similar subject matter and derived from Ord. No. 1869, § 2, adopted Feb. 20, 2013.

Chapter 17.32 - PARKING AND LOADING

This chapter establishes regulations to ensure that sufficient off-street parking facilities are provided for all uses and that parking facilities are properly designed, attractive, and meet the needs of specific uses.

(Ord. No. 1869, § 2, 2-20-2013)

Every use and structure, including a change or expansion of a use or structure shall provide parking and loading areas in compliance with the provisions of this chapter. A use shall not be commenced and structures shall not be occupied until improvements required by this chapter are satisfactorily completed.

(Ord. No. 1869, § 2, 2-20-2013)

A.

Parking and Loading Spaces to be Permanent. Parking and loading spaces shall be permanently available, marked and maintained for parking or loading purposes for the use they are intended to serve. The director may approve the temporary reduction of parking or loading spaces in conjunction with a seasonal or intermittent use.

B.

Parking and Loading to be Unrestricted. Owners, lessees, tenants, or persons having control of the operation of a premises for which parking or loading spaces are required shall not prevent or restrict authorized persons from using these spaces.

C.

Parking Area Use. Required off-street parking areas shall be used exclusively for the temporary parking of vehicles and shall not be used for the sale, lease, display, repair, or storage of vehicles, trailers, boats, campers, mobile homes, merchandise, or equipment, or for any other use not authorized by the provisions of this zoning ordinance.

D.

Commercial Vehicle Parking in Residential Districts. Vehicles that are strictly commercial in nature, such as tow trucks, ambulances, mini-buses, large delivery and/or service trucks, or similar vehicles with a gross load capacity greater than one and one-half tons shall not be allowed to park on private property in residential zones unless the vehicle is placed out of public view and located behind the designated front setback line, or for the immediate loading or unloading of goods or people.

E.

Recreational Vehicle (RV) Parking. No recreational vehicle shall be parked for overnight occupancy except within an approved recreational vehicle park, or where authorized with temporary use permit approval as a temporary dwelling during construction on the same site.

(Ord. No. 1869, § 2, 2-20-2013)

17.32.040 - Number of parking spaces required.

Each use shall provide at least the minimum number of parking spaces required by this chapter.

A.

Parking Requirements by Land Use. Each land use shall be provided the number of parking spaces required by Table 3-1, except where a greater number of spaces are required or an exception has been granted through land use permit approval. In any case where Table 3-1 establishes a parking requirement based on the floor area of a use (e.g. one space per one thousand square feet), the floor area shall be construed to mean gross floor area.

B.

Expansion of Structure, Change in Use. When an existing nonresidential structure is enlarged or when a change in use requires more parking than is presently provided, additional parking spaces shall be required only for the addition, enlargement, change or expansion of use, and not for the entire structure, as determined by the director.

C.

Multi-Tenant Sites. A site with multiple tenants shall provide the aggregate number of parking spaces required for each separate use, except where:

1.

The site was developed comprehensively as a shopping center, the parking ratio shall be the required number of spaces for the shopping center. In this case, the parking requirement will be based on the center as a whole regardless of individual uses as provided in Table 3-1; or

2.

The site qualifies for shared parking in compliance with Section 17.30.050 (Adjustments to Parking Requirements).

D.

Uses Not Listed. Land uses not specifically listed in Table 3-1, shall provide parking as required by the director. The director shall use the requirements of Table 3-1 as a guide in determining the minimum number of parking spaces to be provided.

E.

Excessive Parking. The parking standards established in this chapter are both minimum and maximum standards. Parking spaces in excess of these standards may only be approved in conjunction with SPARC review, a use permit, or planned development permit for the project, and when additional landscaping and pedestrian improvements are also provided.

F.

Bench or Bleacher Seating. Where fixed seating is provided (e.g., benches or bleachers), a seat shall be construed to be twenty-two inches of bench space for the purpose of calculating the number of required parking spaces.

G.

Calculation. Any fraction shall be rounded up to nearest whole number.

H.

A single use with accessory components may be required to provide parking for each component, at the director's discretion. For example, a hotel with a gift shop shall provide space for both program elements.

TABLE 3-1

Notes:

(1) Guest parking spaces shall be clearly marked for guest parking only and shall be evenly dispersed throughout the development site. Signs shall be provided at appropriate locations to direct visitors to guest parking locations.

(Ord. No. 1869, § 2, 2-20-2013; Ord. No. 2030, § 6, 3-19-2025)

17.32.050 - Adjustments to parking requirements.

Where two or more adjacent nonresidential uses have distinct and differing peak parking usage periods, (e.g. a theater and a bank), a reduction in the required number of parking spaces may be allowed through use permit approval. Approval shall also require a recorded covenant running with the land, recorded by the owner of the parking lot, guaranteeing that the required parking will be maintained exclusively for the use served for the duration of the use.

A.

Reduction of required parking. The review authority may reduce the number of parking spaces required through the granting of a use permit in compliance with the following:

1.

Quantitative information provided by the applicant that documents the need for fewer spaces (e.g., sales receipts, documentation of customer frequency, information on parking standards required for the proposed land use by other cities, etc.);

2.

The use or project design creates an integrated whole wherein the parking reduction will not adversely affect other businesses or uses on the same property or within the boundaries of the project; or

3.

The proposed parking requirement is consistent with other uses of similar intensity established elsewhere in the parking regulations and does not represent a grant of special privilege inconsistent with the intent of the parking regulations to provide adequate and consistent levels of parking for similar uses throughout the city.

(Ord. No. 1869, § 2, 2-20-2013)

Parking areas shall include parking spaces accessible to the disabled in the following manner:

A.

Number of Spaces and Design Standards. Parking spaces for the disabled shall be provided in compliance with the California Building Code and the Federal Accessibility Guidelines. Disabled accessible parking spaces shall count toward fulfilling the parking requirements of this chapter.

B.

Residential Multi-Family Uses. For each dwelling unit required to be designed to accommodate the physically handicapped or required to be made adaptable for the physically handicapped, the required parking shall be provided in compliance with the California Building Code.

(Ord. No. 1869, § 2, 2-20-2013)

Parking areas shall be designed and constructed in compliance with the following standards:

A.

Location of Parking Areas.

1.

Required off-street parking shall be located on the same parcel as the uses served; except with use permit approval, parking may be located on a parcel in the vicinity of the parcel served subject to a recorded covenant running with the land, recorded by the owner of the parking lot, guaranteeing that the required parking will be maintained exclusively for the use or activity served for the duration of the use or activity.

2.

Required parking areas shall not be located in a required front or street side setback.

3.

Within the downtown, no new parking areas, or curb cuts to serve a parking area shall be installed on School Street. Where possible, new parking areas and/or structures should be located to the rear of buildings and accessed from side streets or alleys.

B.

Access to Parking Areas and Parking Spaces.

1.

Access to Parking Lots. Parking lots shall be designed to prevent access at any point other than at designated access drives.

2.

Parking Space Location. In order to provide adequate queuing area, no parking space shall be located within the required landscape setbacks measured from the property line, except for single-family homes and duplexes. See Figure 3-1.

==> picture [192 x 168] intentionally omitted <==

Figure 3-1 - Queuing Area

3.

Internal Maneuvering Area. Parking areas shall provide suitable maneuvering room so that vehicles enter the street in a forward direction, except for single-family homes and duplexes.

4.

Vertical Clearance. A minimum unobstructed clearance height of fourteen feet shall be maintained above areas accessible to vehicles in non-residential parking facilities.

C.

Access to Adjacent Sites. Applicants for nonresidential developments are encouraged to provide shared vehicle and pedestrian access to adjacent nonresidential properties for convenience, safety and efficient circulation. A joint access agreement guaranteeing the continued availability of the shared access between the properties and running with the land shall be recorded by the owners of the abutting properties, as approved by the director.

D.

Parking Space and Lot Dimensions.

1.

Parking spaces within carports and garages. Parking spaces within carports and garages shall have minimum clear dimensions of twenty feet in length by ten feet in width per space.

2.

Standard Parking Spaces. Minimum parking space dimensions shall be as described in Figure 3-2 and the notes that follow the figure.

==> picture [432 x 462] intentionally omitted <==

Figure 3-2 - Standard Parking Stall Dimensions (continued on next page)

==> picture [432 x 456] intentionally omitted <==

Figure 3-2 - Standard Parking Stall Dimensions (continued)

3.

Compact Parking Spaces. Parking areas containing a minimum of twenty or more parking spaces may include a maximum of fifteen percent of the total number of parking spaces for compact cars. These spaces shall be designated and distributed throughout the lot. Dimensions of compact parking spaces shall be no smaller than six inches less than a standard stall in width and two feet less than a standard stall in depth.

E.

Curbing and Wheel Stops.

Curbing. Continuous concrete curbing at least six inches high and six inches wide shall be provided along the edges of parking spaces adjacent to fences, walls, other structures, and landscaping.

a.

Alternative barrier designs may be approved by the director.

b.

Parking spaces adjacent to landscaped areas or other obstructions shall incorporate an additional curbing width of twelve inches (for a total of eighteen inches) to provide a place to stand while exiting and entering vehicles.

c.

Curbing shall be placed within the parking space a minimum of two feet from the front of the space.

2.

Wheel Stops. Wheel stops other than continuous concrete curbing shall be prohibited except in work areas, and parking areas not open to the public.

3.

Bumper Overhang. To increase the parking lot landscaped area, a maximum of two feet of the parking stall depth may be landscaped with low-growth, hearty materials in lieu of paving, allowing a two-foot bumper overhang while maintaining the required parking dimensions.

F.

Directional Arrows and Signs.

1.

Parking spaces, aisles, approach lanes and maneuvering areas shall be clearly marked with directional arrows and lines to ensure the safe and efficient flow of vehicles.

2.

The director may require the installation of traffic signs in addition to directional arrows to ensure the safe and efficient flow of vehicles in a parking facility.

G.

Driveways.

1.

Width. Maximum driveway width shall be thirty-five feet for standard driveways and fifty-six feet for special driveways unless specifically approved otherwise by the city engineer for high truck volumes or other factors.

The total width of commercial and industrial driveways shall not exceed sixty percent of the frontage.

The minimum width of a single driveway shall be twelve feet and twenty-four feet for a driveway serving a parking lot with two-way aisle. Additional driveway width may be required on collectors and arterial streets particularly where there is no parking and a travel lane is adjacent to the curb.

Standard driveway width is measured at the curb line and includes only the depressed section. Special driveway width is measured between curbs behind property side. Width of a raised medians separating in and out traffic is not included in the width.

2.

Distances from Curb Returns. Commercial, industrial or other high volume driveways on arterials and major collectors shall be located as far as practical from the nearest curb return and may be prohibited within one hundred feet where the intersection is signalized, is planned for signalization, or intersection capacity is critical. At other locations, the top of the driveway transition shall be at least ten feet from the nearest curb return provided the return meets current standards for radius and location. At streets to be widened or improved, the above distances shall be measured from the ultimate location of the curb return.

At alleys, the driveway transition shall be permitted no closer than ten feet from the projected intersecting alley curb face, and no closer than three feet from the nearest ally curb return.

H.

Grades of Driveways and Parking Areas.

1.

Driveways. Driveways shall not exceed a maximum grade of positive ten percent or negative six percent measured along the driveway centerline. Where there is a change in the slope of the driveway, it shall be demonstrated that vehicles will be able to pass over the change in slope without interference with an average vehicle's undercarriage.

2.

Parking Areas. Parking areas shall have a maximum grade of seven percent, measured in any direction.

I.

Landscaping. Parking area landscaping shall be provided in compliance with Chapter 17.30 (Landscaping).

J.

Lighting. Parking areas shall have lighting capable of providing adequate illumination for security and safety. Lighting standards shall be energy-efficient and in scale with the height and use of the on-site structures. All illumination, including security lighting, shall be directed downward, away from adjacent properties and public rights-of-way. Lighting location shall take into account the location and expected mature characteristics of on-site landscape materials.

K.

Residential Guest Parking. Guest parking for multi-family residential uses shall be designated and restricted for the exclusive use of the guests with appropriate signs and pavement markings.

L.

Striping and Identification. Parking spaces shall be clearly outlined with four-inch wide lines painted on the surface of the parking facility. Circulation aisles, approach lanes, and turning areas shall be clearly marked with directional arrows and lines to ensure safe traffic movement.

M.

Surfacing. Parking spaces, driveways, maneuvering areas, and outdoor storage areas shall be paved with asphalt, concrete, masonry or concrete paving units, and permanently maintained. The use of rock, decomposed granite, turfstone, etc., is not allowed for required parking and driveway areas.

(Ord. No. 1869, § 2, 2-20-2013)

A.

Distance from Street Corners. Driveways to parking areas, except single family residential and duplex driveways, shall be located as far as practical from the nearest curb return and may be prohibited within one hundred feet where the intersection is signalized, is planned for signalization, or intersection capacity is critical. At other locations, the top of the driveway transition shall be at least ten feet from the nearest curb return provided the return meets current standards for radius and location. At streets to be widened or improved, the above distances shall be measured from the ultimate location of the curb return. At alleys, the driveway transition shall be permitted no closer than ten feet from the projected intersecting alley curb face, and no closer than three feet from the nearest ally curb return. Exceptions to this standard may be approved by the city engineer.

B.

Driveway Spacing. Driveways shall be separated along the street frontage as follows:

1.

Single-family and Duplex Residential Development. Driveways shall be separated by at least six feet, unless a shared, single driveway is approved by the director. The six-foot separation does not include the transition or wing sections on each side of the driveway approach.

2.

Multi-family and Nonresidential Development. Where two or more driveways serve the same or adjacent multi-family or nonresidential development, the centerline of the driveways shall be separated by a minimum of two hundred feet.

C.

Drive Aisles.

Single-family Uses.

a.

Each single-family dwelling shall provide a continuous paved driveway from the street to the required parking area. Driveways shall be kept free and clear of stored materials, including inoperable vehicles.

2.

Multi-family and Nonresidential Uses. Drive aisles within multi-family residential and nonresidential parking areas shall be designed and constructed in compliance with Figure 3-8.

D.

Drive-through Facilities. Retail or service uses providing drive-in/drive through facilities shall be designed and operated to effectively mitigate problems of traffic congestion, excessive pavement, litter, noise, and unsightliness.

1.

Clearance from Obstruction. The nearest edge of a driveway apron or curb return shall be at least five feet from the nearest property line, centerline of a fire hydrant, utility pole, traffic signal, light standard, or other similar facility.

2.

Visibility. Drive aisles shall be designed and located so that adequate visibility is ensured for pedestrians, bicyclists, and motorists when entering individual parking spaces, circulating within a parking facility, and entering or leaving a parking facility.

a.

Aisle Design.

i.

The entrance/exit of any drive-through aisle shall be at least fifty feet from an intersection of public rightsof-way (measured at the closest intersecting curbs) and at least twenty-five feet from the edge of any driveway on an adjoining parcel.

ii.

Drive-through aisles shall be designed with a minimum twelve-foot interior radius at curves and a minimum twelve-foot width.

b.

Stacking Area. A clearly identified area shall be provided for vehicles waiting for drive-through service that is physically separated from other on-site traffic circulation.

i.

The stacking area shall accommodate a minimum of eight cars for each drive-through window in addition to the vehicle(s) receiving service.

ii.

The stacking area shall be located at and before the menu board, teller window, etc.

iii.

Separation of the stacking area from other traffic shall be by concrete curbing or paint striping on at least one side of the lane.

iv.

Stacking areas parallel to streets or public rights-of-way shall be discouraged.

c.

Walkways. Pedestrian walkways should not intersect the drive-through aisles, but where they do, they shall have clear visibility and shall be emphasized by enhanced paving.

3.

Screening. An opaque screen consisting of plant material and a solid masonry wall, a minimum of six feet in height, shall be constructed on each property line that is adjoining a residentially zoned/occupied parcel. The design of the wall and the proposed construction materials shall be subject to the approval of the director.

4.

Signs.

a.

Directional Signs. Each entrance to, and exit from, any drive aisle shall be clearly marked to show the direction of traffic flow by signs and pavement markings.

b.

Menu Boards. Menu boards shall not exceed a maximum height of six feet, and shall face away from public rights-of-way. Outdoor speakers shall be located at least fifty feet from any residentially zoned/occupied parcel.

(Ord. No. 1869, § 2, 2-20-2013)

17.32.090 - Bicycle parking.

A.

Applicability. Bicycle parking shall be provided for all multi-family and nonresidential uses in compliance with Table 3-2.

TABLE 3-2

Bicycle Parking Requirements By Land Use

1.

For each ten bicycle parking stalls provided, there shall be permitted a reduction of one required automobile parking stall to a maximum of fifteen percent of the required automobile parking stalls, at the discretion of the community development director or planning commission (depending on who is the review authority).

B.

Bicycle Parking Design and Devices. Bicycle stalls shall be improved in accordance with the following requirements:

1.

Provided with a device to be approved by the city and capable of supporting a bicycle in an upright or hanging position and having a means that will enable a user to lock a bicycle to such a device.

2.

Areas containing stalls shall be surfaced with hardscape or paving.

3.

When located within a parking area, spaces shall be protected by curbs, fences, planter areas, bumpers, or similar barriers for the mutual protection of bikes, automobiles and pedestrians, unless deemed by the city to be unnecessary.

(Ord. No. 1869, § 2, 2-20-2013)

Loading spaces shall be designed and constructed as follows:

A.

Location. Loading spaces shall be located based on the operating characteristics of the proposed use:

1.

As near as possible to the main structure and limited to the rear two-thirds of the parcel, if feasible;

2.

Loading facilities shall be discouraged from facing streets. Where not possible to do otherwise, ensure that the loading facility is screened from adjacent streets as much as possible;

3.

To ensure that loading and unloading takes place on-site and in no case within adjacent public rights-ofway or other traffic areas on-site;

4.

To ensure that vehicular maneuvers occur on-site; and

5.

To avoid adverse impacts upon neighboring residential properties.

B.

Dimensions. Loading spaces shall be not less than twelve feet in width, forty-five feet in length, with fourteen feet of vertical clearance.

C.

Lighting. Loading areas shall have lighting capable of providing adequate illumination for security and safety. Lighting standards shall be energy-efficient and in scale with the height and use of adjacent structures. Lighting shall be designed to prevent spillage of light to adjacent properties.

D.

Loading Doors and Gates. Loading bays and roll-up doors shall be painted to blend with the exterior structure walls. Loading bays and doors, and related trucks shall be adequately screened from view from adjacent streets as determined by the review authority.

E.

Loading Ramps. Plans for loading ramps or truck wells shall be accompanied by a profile drawing showing the ramp, ramp transitions and overhead clearances.

F.

Screening. Loading areas abutting residentially zoned parcels shall be screened in compliance with Section 17.30.060 (Screening).

G.

Striping. Loading areas shall be striped indicating the loading spaces and identifying the spaces for "loading only." The striping shall be permanently maintained by the property owner/tenant in a clear and visible manner at all times.

(Ord. No. 1869, § 2, 2-20-2013)

17.32.110 - Parking and circulation design guidelines.

A.

General Design Considerations. The primary design considerations for parking lot layout and site access are safety and efficiency, minimizing the visual impact of large paved areas, reinforcing the street environment, integrating parking into overall site development, and maximizing pedestrian orientation by means of lighting, landscape, hardscape, and parking layout.

1.

Factors to Consider. The following factors should be considered in the design and development of offstreet parking areas:

a.

Ingress and egress with consideration to possible conflicts with vehicular and pedestrian traffic;

b.

Intra-parking lot pedestrian and vehicular conflicts;

c.

Reinforcing the street edge and a pedestrian environment;

d.

On-site circulation and service vehicle zones;

e.

Overall configuration and appearance of the parking area;

f.

Promoting compatibility with adjacent land uses;

g.

Minimizing opportunities for crime and undesirable activities through natural surveillance, access control and activity support;

h.

Potential to connect parking lot with neighboring properties;

i.

Shading the parking lot by means of canopy trees and other landscaping;

j.

Creating a sense of spatial organization and experiential meaning through the layout of the design of the parking lot;

k.

Reducing heat gain by shading pavement and employing light-colored pavement and walls; and

l.

Maximizing on-site percolation and minimizing runoff to storm drains.

2.

Location of Parking Lots. Parking lots should not occupy street frontages, and should be located behind buildings to the maximum extent feasible, so that the street frontage in both residential and non-residential areas remains pedestrian-oriented.

3.

Relationship to Adjacent Buildings. Parking areas should be separated from buildings by either a raised concrete walkway or landscaped strip. If space allows, parking stalls directly abutting buildings should be avoided.

4.

Pedestrian-friendly Features. Lighting, landscaping, hardscape, fencing, parking layout and pedestrian paths should all contribute to the strength and clarity of the parking lot as a deliberate and thorough design.

B.

Access and Entries.

1.

Pedestrian and vehicular entrances must be clearly identified and easily accessible to minimize pedestrian and vehicle conflicts. Entrances to parking lots should be from alleys, or between buildings, retaining the street frontage for buildings and locating parking to the rear of buildings, or to the side where no other alternative is available. The use of enhanced paving, landscaping, and special architectural features and details is encouraged to distinguish entrances.

2.

Where a parking cannot be located other than adjacent to a public street, the facility should include a point of entry and clear and safe access for pedestrians from the lot, to the on-street sidewalk, to the sidewalk entrance of the building.

==> picture [312 x 151] intentionally omitted <==

Figure 3-3 - Enhanced Parking Lot Facility

C.

Lighting. Carefully designed lighting is an essential element of good parking lot design. The placement, type, height number and bulb type of lights should all contribute to a coherent lighting design (see lighting under commercial guidelines).

D.

Hardscape.

1.

A well thought-out selection and composition of hardscape materials can help to order space and reinforce the relationship of the parking lot to its surroundings and to the buildings it serves. Entrance and exit areas, areas that are the central focus of the parking lot design, major axis and areas that act as forecourts for entrances may be suitable locations for special paving materials such as brick or stamped asphalt.

==> picture [360 x 233] intentionally omitted <==

Figure 3-4 - Hardscape Materials

2.

Limit curb cuts for driveways opening to public streets. Common shared access driveways which provide access to more than one site are encouraged to reduce the number of driveway entries along commercial streets.

==> picture [360 x 162] intentionally omitted <==

Figure 3-5 - Spacing or Driveway Curb Cuts

3.

Design parking areas so that pedestrians walk parallel to moving cars. Minimize the need for the pedestrian to cross parking aisles and landscape areas.

4.

Access for service vehicles, trash collection and storage areas should be located on alleys where alleys exist.

E.

Circulation.

1.

Separate vehicular and pedestrian circulation systems should be provided where possible. The layout of parking areas should be designed so that pedestrians walk parallel to moving cars, minimizing the need to walk between parked cars or to cross parking aisles and landscape areas.

2.

Pedestrian linkages between uses in commercial developments should be emphasized. Parking lot designs should include walkways and planting that help direct pedestrians comfortably and safely to their destinations.

==> picture [360 x 232] intentionally omitted <==

Figure 3-6 - Pedestrian Connections

3.

Parking aisles should be separated from primary vehicle circulation routes whenever possible.

==> picture [313 x 196] intentionally omitted <==

Figure 3-7 - Separate Circulation from Parking Areas

4.

Where parking areas are connected, interior circulation should allow for a similar direction of travel and parking spaces in all areas to reduce conflict at points of connection.

==> picture [312 x 191] intentionally omitted <==

Figure 3-8 - Shared Parking Access

F.

Landscaping, Screening, and Buffering.

1.

Parking facilities should be landscaped with the following objectives in mind:

a.

Visually break up large paved areas with landscaping;

b.

Maximize distribution of landscaping;

c.

Promote compatibility and function as a "good neighbor;"

d.

Consider the use of trees planted at regular distances as a grove; and,

e.

Reduce the amount of storm water run-off resulting from the lot; and

f.

Shade fifty percent of the asphalt area within five years from time of installation.

2.

If a parking lot must be located adjacent to a street, the lot should be landscaped to soften the visual impact of parked vehicles from the public right-of-way. Screening should consist of a combination of low walls and landscape materials. The objective is to strike a balance between screening parked automobiles and facilitate safety through natural surveillance opportunities.

3.

As long as an open surveillance zone is maintained between thirty-two and six feet above grade, landscaping should be used in combination with walls and fences.

4.

Planting areas adjacent to parking areas, drives or walks should be protected by curbing where necessary, while allowing for drainage of surface water into permeable surface areas. See Figure 3-9.

==> picture [180 x 102] intentionally omitted <==

Figure 3-9 - Protect Landscaping

5.

Both perimeter and interior landscaping should incorporate canopy-type trees. The location and spacing of trees is dependent on the type of tree used, but the overall effect should be of a relatively consistent tree cover which will shade the pavement and vehicles. See Figure 3-10.

==> picture [181 x 125] intentionally omitted <==

Figure 3-10 - Tree Cover

6.

Reduce conflicts between trees, lighting and signage by coordinating location of trees, light poles and signs. The maximum height of lights shall be lower than the typical pruning height of the tree used. The use of monument signs is highly encouraged to reduce tree/sign conflicts.

7.

All trees indicated on plans shall be planted and no change of species is allowed unless approved by the director.

8.

Planter areas shall have increased soil volume and reduced compaction to an appropriate level set by the submitted plans. The use of structural soil mix under paving to retain parking space while increasing soil volume is highly encouraged.

9.

Tree well and planting islands shall have a minimum dimension of eight feet and be excavated to a depth of three feet and filled with amended soil as necessary.

10.

Stakes shall be removed from trees as soon as the tree can support itself.

11.

The pruning of parking lot trees early in order to train their growth is encouraged.

12.

Tree care should be performed under the supervision of a certified arborist.

13.

If a tree is removed, it must be replaced with a tree of equivalent size and value.

(Ord. No. 1869, § 2, 2-20-2013)

Chapter 17.34 - SIGNS[[2]]

Footnotes:

--- ( 2 ) ---

Editor's note— Ord. No. 1922, § 1, adopted July 6, 2016, repealed the former Ch. 17.34, §§ 17.34.010— 17.34.130, and enacted a new Ch. 17.34 as set out herein. The former Ch. 17.34 pertained to similar subject matter and derived from Ord. No. 1869, § 2, adopted February 20, 2013.

The city finds that signage, regardless of content or purpose, draws the visual attention of the public, and thereby creates a traffic safety hazard and degrades the aesthetic quality of the environment. The regulations established by this chapter are intended to address these issues by regulating the placement, quality, materials, size, and number of signs allowed within the city, and to require the proper maintenance of signs. The purposes of these limitations and requirements are to:

A.

Enhance commerce within the community by providing for signs that will allow the public to easily identify uses and premises, and regulating signs on the basis of their physical design, location, and proportions;

B.

Preserve and enhance the aesthetic, traffic safety, and environmental values of the community, and commercial, office, and industrial districts, while at the same time providing a channel of communication to the public;

C.

Limit commercial signage to on-site locations to keep the proliferation of this signage to a more aesthetic proportion, and protect existing businesses from visual encroachment from new signage on neighboring properties;

D.

Avoid traffic safety hazards to motorists and pedestrians caused by visual distractions and obstructions;

E.

Promote the aesthetic quality of the community by providing for signs that enhance the attractiveness of the city as a place to live, work, and shop; and

F.

Safeguard and protect the public health, safety, and general welfare.

(Ord. No. 1922, § 1, 7-6-2016)

17.34.020 - Applicability.

A.

Signs Regulated. The requirements and development standards in this chapter shall apply to all signs in all zoning districts except signs that are less than thirty-three percent of a window surface.

B.

Applicability to Sign Content. The provisions of this chapter do not regulate the message content of signs (sign copy), regardless of whether the message content is commercial or noncommercial.

(Ord. No. 1922, § 1, 7-6-2016)

No sign shall be installed, constructed, or altered unless it is first approved in compliance with this section.

A.

Fees and Plans Required. An application for a sign permit shall be filed and processed in compliance with Chapter 17.50 (Application Filing and Processing). The application shall also include architectural elevations and plans of all proposed signs drawn to scale, with all dimensions noted, and include any additional information and materials as required by the department.

B.

Design Review and Approval. The director shall review all sign permit applications and approve only those found to be in substantial conformance with the design review criteria provided in Section 17.34.050 (General Requirements for All Signs). The director may require conditions of approval as are reasonably necessary to achieve the purposes of this chapter.

The director may refer sign permit applications to SPARC for action, either on the individual sign permit, or as part of a development project that is otherwise subject to SPARC review.

C.

Master Sign Program.

1.

When Required. A master sign program shall be approved by the director (or by SPARC upon referral by the director) prior to the issuance of any sign permit for:

a.

A new nonresidential project with four or more tenants; and

b.

Major rehabilitation work on an existing nonresidential project with four or more tenants that involves exterior remodeling. For the purposes of this chapter, major rehabilitation means adding more than fifty percent to the gross floor area of the building/buildings, or exterior redesign of more than fifty percent of the length of any facade within the project.

All signs installed or replaced within the nonresidential project shall comply with the approved master sign program.

2.

Content of Program. A master sign program shall provide standards for the uniform style, size, placement, and color palette of signs within the proposed nonresidential project.

3.

Revisions. Revisions to a master sign program may be approved by the director if he or she first determines that the revision is minor and that the intent of the original approval, and any applicable conditions are not affected. A new sign permit shall be obtained for revisions that would substantially deviate from the original approval.

D.

Time Limit for Action. A sign permit or a master sign program shall be approved or disapproved by the review authority within fifteen working days of the application being accepted as complete in compliance with Section 17.38.060 (Initial Application Review). A sign that is submitted in full compliance with an approved master sign program shall be approved within five working days of the application being accepted as complete.

E.

Signs and Sign Changes Allowed Without a Sign Permit. The following do not require a sign permit, provided that they comply with Section 17.34.050 (General Requirements for All Signs), and any required building permit is obtained.

1.

Nonstructural Modifications and Maintenance.

a.

Modifications or replacement to a face of a cabinet sign.

b.

Nonstructural modifications of the face, design, or color of an existing sign, provided that the modifications comply with any applicable master sign program approved in compliance with subsection C of this section.

c.

The normal maintenance of signs.

Temporary Signs. Temporary signs in compliance with Section 17.34.070(D).

(Ord. No. 1922, § 1, 7-6-2016)

The following types of signs and devices shall be specifically prohibited:

A.

A sign in conjunction with a home occupation permit;

B.

Abandoned signs;

C.

Animated signs, including electronic message display signs, and variable intensity, blinking, or flashing signs; except time and temp signs (except in accordance with Section 17.34.070(F), (Programmable Electronic Signs);

D.

Balloons and other inflatable devices;

E.

Moving signs;

F.

Permanent off-site signs;

G.

Pennants, except as allowed for temporary periods by Section 17.34.070;

H.

Roof signs;

I.

Because of the city's compelling interest in ensuring traffic safety, signs that simulate in color, size, or design, any traffic control sign or signal, or that make use of words, symbols, or characters in a manner that interferes with, misleads or confuses pedestrian or vehicular traffic;

J.

Signs attached to or suspended from a vehicle parked within a public right-of-way, or in a location on private property that is visible from a public right-of-way, except a sign painted directly upon, magnetically affixed to, or permanently affixed to the body or other integral part of the vehicle;

K.

Temporary and portable signs, except as allowed by Section 17.34.070;

L.

Poorly maintained signs;

M.

Signs in public right-of-way or affixed to city property; and

N.

Signs which advertise activities illegal under federal, state, or local laws, rules, or regulations.

(Ord. No. 1922, § 1, 7-6-2016)

A.

Sign Area. The measurement of sign area to determine compliance with the sign area limitations of this chapter shall occur as follows:

1.

The surface area of a sign shall be calculated by enclosing the extreme limits of all framing, writing, logo, representation, emblem, or other display within a single continuous perimeter composed of squares or rectangles with no more than eight lines. See Figure 3-11.

==> picture [408 x 121] intentionally omitted <==

Figure 3-11 - Sign Area Measurement

2.

Supporting framework or bracing that is clearly incidental to the display itself shall not be computed as sign area.

3.

For freestanding signs all readable surfaces visible from a public right-of-way shall be counted in sign area calculations.

4.

Where a sign consists of one or more three-dimensional objects (i.e., balls, cubes, clusters of objects, sculpture or statue-like trademarks), the sign area shall be measured as their maximum projection upon a vertical plane.

5.

For signs that incorporate time and temperature devices, the area of these devices shall not be included in the total area of the sign.

B.

Sign Height. Sign height shall be measured as the vertical distance from the finished grade adjacent to the base of the sign structure to the highest point of the structure, where finished grade does not include fill, planters, or other material artificially placed to allow increased sign height.

C.

Sign Location Requirements.

1.

All signs identifying an occupant, business, or use shall be located on the same site as the occupant, business, or use, except as otherwise allowed by this chapter.

2.

Signage allowed on one building or frontage shall not be transferred to another building or frontage.

3.

Each sign, including a sign located on a temporary or portable building, shall be subject to the requirements of this chapter.

4.

No sign shall be located within the public right-of-way, except as otherwise allowed by this chapter.

5.

A sign for the purpose of construction, sales, or leasing are permitted within a required setback area, provided it is:

a.

Located within a permanently maintained landscaped planter area having an area at least twice that of the sign area;

b.

Not closer than ten feet from any property line and ten feet from any access driveway; and

c.

Not within a radius of twenty feet of the intersection of the rights-of-way of two intersecting streets.

6.

The location of all signs shall be evaluated to ensure:

a.

That the setback is appropriate for the height and area of a freestanding or projecting sign;

b.

That flush or projecting signs relate to the architectural design of the building. Signs that cover windows, or that spill over natural boundaries and architectural features shall be discouraged;

c.

That signs do not unreasonably block the sight lines of existing signs on adjacent properties; and

d.

Pedestrian and vehicular safety.

7.

A freestanding sign may be placed only on a site frontage adjoining a public street.

8.

No freestanding sign shall be closer than seventy-five feet to another freestanding sign, to ensure adequate visibility for all signs. The director may waive this requirement where parcel width and/or the locations of existing signs on adjacent properties would make the seventy-five-foot separation impractical.

D.

Design Criteria for Signs. The following design criteria shall be used in reviewing the design of individual signs. Substantial conformance with each of the following design criteria shall be required before a sign permit or building permit can be approved.

1.

Color. Colors on signs and structural members should be harmonious with one another and reflective of the dominant colors of the building or buildings being identified. Contrasting colors may be utilized if the overall effect of the sign is still compatible with the building colors and prevailing colors in the surrounding neighborhood (where a theme can be identified).

2.

Materials and Structure.

a.

Sign materials (including those for framing and support) should be representative of the type and scale of materials used on the building or buildings which the sign identifies. Insofar as possible, sign materials should match the materials used on the building and on other signs.

b.

Materials selected for permanent signs shall be durable and capable of withstanding weathering over the life of the sign with reasonable maintenance.

c.

The size of the structural members (e.g. columns, crossbeams, and braces) should be proportional to the sign panel they are supporting. In general, fewer larger supporting members are preferable to many smaller supports.

d.

The use of individual letters incorporated into the building design is encouraged, rather than signs with background and framing other than the building wall.

e.

The use of reflective materials or surfaces may be approved only where the review authority determines that they will not distract motorists or create other hazards, and should be minimized in all cases.

f.

Wall signs shall not project from the surface upon which they are attached more than required for construction purpose and in no case more than twelve inches.

g.

Wall signs shall not project above the eave line or the edge of the roof of a building.

E.

Copy Design Guidelines. The city does not regulate the message content (copy) of signs; however, the following are principles of copy design and layout that can enhance the readability and attractiveness of signs. Copy design and layout consistent with these principles is encouraged, but not required.

Sign copy should relate only to the name and/or nature of the business or commercial center.

2.

Permanent signs that advertise continuous sales, special prices, etc. should be avoided.

3.

Information should be conveyed briefly or by logo, symbol, or other graphic manner. The intent should be to increase the readability of the sign and thereby enhance the identity of the business.

4.

Freestanding signs should contain the street address of the parcel or the range of addresses for a multitenant center.

F.

Illumination of Signs. The artificial illumination of signs, either from an internal or external source, shall be designed to minimize light and glare on surrounding rights-of-way and properties.

1.

External light sources shall be directed and shielded to limit direct illumination of any object other than the sign.

2.

The light from an illuminated sign shall not be of an intensity or brightness that will interfere with the reasonable enjoyment of residential properties. In areas with low ambient nighttime illumination levels (e.g., residential neighborhoods or business districts with little or no illuminated signing) applicants shall be encouraged to use light, illuminated copy against dark or opaque backgrounds.

3.

Signs shall not have blinking, flashing, or fluttering lights or other illuminating devices that have a changing light intensity, brightness or color, except as otherwise allowed in Section 17.34.070 (Programmable Electronic Signs).

4.

Colored lights shall not be used at a location or in a manner so as to be confused or construed as traffic control devices.

5.

Neither the direct nor reflected light from primary light sources shall create a hazard to operators of motor vehicles.

6.

Incandescent lamps shall not be visible from a public right-of-way or adjacent property.

7.

Light sources shall utilize energy efficient fixtures to the greatest extent possible.

G.

Maintenance of Signs. Signs and supporting hardware, including temporary signs, shall be maintained in good repair and functioning properly at all times. Repairs to signs shall be of equal or better in quality of materials and design as the original sign. Signs which are not properly maintained and are dilapidated shall be deemed to be a public nuisance, and may be abated in compliance with Lodi Municipal Code.

When existing signs are removed or replaced, all brackets, poles, and other supports that are no longer required shall be removed. Unpainted areas shall be painted to match the adjacent portion of the building or sign support structure.

H.

Signs on Public Property. No signs are allowed on public property, except for the following:

1.

A public sign erected by or on behalf of the city or other public entity to post legal notices, identify public property, convey public information, or direct or regulate pedestrian or vehicular traffic.

2.

An informational sign of a public utility or transit company regarding its poles, lines, pipes, facilities, or routes.

3.

An emergency warning sign erected by the city or other public entity, a public utility company, or contractor doing authorized or permitted work on public property.

4.

Signs constructed by the city to direct persons to specific districts, regions, or public facilities.

5.

Banner signs on city property (e.g., light poles in downtown area or along major corridors).

6.

Advertising signs on transit, police, parks and other city property (e.g. city facilities, including but not limited to transit shelters, buses, park facilities, and Hutchins Street Square).

(Ord. No. 1922, § 1, 7-6-2016)

Only the signs and sign area authorized by this section shall be allowed unless otherwise expressly provided in this section or Section 17.34.070 (Standards for Specific Types of Signs).

A.

Residential Zoning Districts. Signs within the residential zoning districts shall comply with the following standards:

1.

Size and Type of Signs Allowed. Each parcel in the residential zoning districts may be permitted signs as follows:

a.

One nameplate not exceeding one square foot in area identifying the occupant of a residence. No building permit is required;

b.

One identification sign for apartment and institutional use, not exceeding forty-eight square feet in area;

c.

One unlighted sign not exceeding six square feet in area that advertises the sale or rental of the premises. No building permit is required;

d.

A bulletin board, not exceeding twenty square feet in area, upon the issuance of a use permit by the planning commission;

e.

One sign not exceeding one hundred square feet in area on the site of a construction project or new subdivision, that indicates the nature of the development or identifies the persons involved in the construction; which may be placed on the site prior to or during the development activities;

f.

One unlighted, noncommercial sign not exceeding six square feet in area; and

g.

A warning or no trespassing sign not exceeding six square feet in area. No building permit is required.

Setback Requirements. Each sign shall be set back at least ten feet from all property lines.

3.

Height Limit. No building mounted sign shall exceed a height of twenty feet. No freestanding sign shall exceed a height of eight feet, sign plus base.

B.

Commercial and industrial zoning district sign standards. Each proposed sign shall comply with the following standards for the applicable zoning district.

1.

CC District. Each sign within the CC zoning district shall comply with the following standards:

a.

General Specifications and Requirements.

i.

Sign content should be limited to the tenant's name and primary graphic logo;

ii.

Notwithstanding the following sign provisions, tenants may utilize standard corporate logos and/or prototypical signage graphics, if used in a majority of the tenant's California stores subject to approval of the city of Lodi;

iii.

All signage on the building fascia, with exception of certain logo/graphics, shall be of indirectly lit individual channel letters or dimensional letters in accordance with the definitions below. No cabinet signs shall be permitted. Signage illumination shall not include flashing, moving or scintillating effects;

iv.

Channel letters are to be defined as individual channel letters or as connected channels that may be composed of script letters with connected serifs, or a non-script letters that are connected by heavy outlines into an integrated shape or "channel box". Secondary channel boxes containing a logo mark or underlining the primary text and containing a secondary message shall be permitted. Illumination may be with either LEDs or neon;

v.

Dimensional letters are to be made of one-half-inch thick clear acrylic or one and one-half-inch thick aluminum;

vi.

All signs must be dimensional. Signs painted directly onto the building shall not be permitted;

vii.

Painted wall graphics or murals that are thematic to the overall shopping center and do not provide any specific tenant identification shall be allowed subject to prior approval by the city of Lodi. The thematic wall graphics or murals shall be counted as signs or sign area with respect to the building on which graphic or mural is painted;

viii.

Signs may not come within one foot of the top, bottom or sides of the building elevation or fascia upon which a sign is located. In no case may a sign extend beyond the roof parapet or adjacent building eave line. Signs are not allowed on or against any roof structures. Architectural tower features on buildings may be considered for tenant identification signs subject to specific sign design approval by the city of Lodi;

ix.

Exposed channel letter raceways are prohibited. All channel letter signs must be mounted directly to the building surface or be mounted upon a decorative architectural background feature subject to specific sign design approval by the landlord and the city of Lodi;

x.

Tenant signs will be no larger than seventy-five percent of fascia height, with a maximum width of seventyfive percent of tenant's frontage;

xi.

All signs are to be laid out so as to be proportionate to the area in which it is placed, as well as comply with the square footage limitations. They should also be centered at the appropriate location on the elevation so it would be balanced with the buildings as a whole. (Not necessarily centered on the tenant space);

xii.

Each tenant may have signage upon the front and rear elevations subject to size area limitations. End cap tenants may also have signage on their side elevations subject to size area limitations. Pad tenants may have signage on all elevations facing a public street or parking area subject to the size area limitations;

xiii.

Colors shall be consistent with the theme of the shopping center;

xiv.

Temporary wall signs, pennants, flags, over-roof signs, inflatable displays, exposed neon, or sandwich boards are prohibited. Temporary banners advertising specials or sales may be allowed in accordance with the city code; and

xv.

Window signs, other than the permanent window graphics, will not be allowed. These signs include neon signs, fiber optic/neon simulated plastic signs and border neon.

b.

Freestanding Signs. The design of the multi-tenant pylon signs, multi-tenant monument signs and center identification monument sign shall be commensurate with the architecture of the shopping center.

i.

Freeway Information Area Signage.

(A)

One pylon sign, no higher than sixty-five feet, shall be permitted along the freeway frontage. The sign shall identify multiple tenants within the shopping center; and

(B)

The pylon sign shall have a maximum of seven hundred twenty square feet of tenant identification and thirty-two square feet of shopping center identity.

ii.

Center Identification Sign. One center identification sign, no higher than eight feet, shall be permitted. The sign shall be a single-sided, identifying the entrance to the center. No tenant names shall be displayed on the identification sign.

iii.

Monument Signs.

(A)

One multi-tenant monument sign, no higher than twelve feet, shall be permitted. A shopping center of ten acres or more may have two monument signs. These signs may have two-sided panels to identify multiple tenants within the shopping center; and

(B)

The monument signs shall have a maximum of eighty-four square feet of tenant identification and eight square feet of shopping center identity.

c.

Tenant Signage. The sign program regulates the total allowed signage each tenant may have, based upon the frontages of each store. Tenant signage shall not exceed the total allowed maximum signage per tenant.

i.

Tenants shall be allowed two square feet of signage per lineal foot of frontage for the front elevation and two square feet of signage multiplied by seventy-five percent per lineal foot of frontage for side (end caps) and rear elevations;

ii.

The signs may either be internally illuminated plex-faced channel letters or halo illuminated fabricated aluminum reverse pan channel letters; and

iii.

Single pad tenants shall be allowed one wall sign per each business frontage facing a street, pedestrian plaza and/or parking lot. The total allowed sign area shall be two square feet of signage per lineal foot of frontage for the front elevation and two square feet of signage multiplied by seventy-five percent per lineal foot of frontage for side and rear elevations.

3.

GC and Industrial Districts. Each sign within the GC and industrial zoning districts shall comply with the following standards:

a.

Size and Types of Signs Allowed. All signs located on parcels in the GC or any industrial zoning district shall meet the following requirements:

i.

The total allowed sign area for all signs on a parcel, including building-mounted and freestanding signs, shall be equal to one square foot of sign area per linear foot of all street frontages on adjacent public or private streets.

==> picture [300 x 210] intentionally omitted <==

Example: A corner parcel with two frontages of two hundred linear feet each would be allowed a total of four hundred square feet of signage:

200 frontage + 200 frontage = 400 square feet of sign area

For parcels with a "flag lot" configuration, frontage shall be measured based on the width of the lot used for setback measurement per Section 17.14.060.C.1.b of this Code.

ii.

The total allowed sign area may be divided among building-mounted and freestanding signs, provided that the size standards in this section are not exceeded.

Example: A parcel with a total of four hundred square feet of sign area could have one eighty-four-squarefoot monument sign and three hundred sixteen square feet of building-mounted signs:

400 square feet of total sign area - 84 square-foot monument sign = 316 square feet of building mounted signs (400 - 84 = 316)

-OR-

400 square feet of total sign area can be used entirely for 400 square feet of building-mounted signs

iii.

The sign area for building-mounted signage in a building containing multiple tenant spaces shall be apportioned based on the building frontage of each space, measured at the front entrance to each space, as shown in the example below.

==> picture [300 x 223] intentionally omitted <==

Example: In the example illustrated above, and assuming that four hundred square feet of sign area was to be used for building-mounted signs, each space would be assigned sign area as follows:

50% of building frontage = 50% of 400 square feet = 200 square feet of building sign 30% of building frontage = 30% of 400 square feet = 120 square feet of building sign 30% of building frontage = 20% of 400 square feet = 80 square feet of building sign

iv.

Building-mounted signs for each tenant may be placed on all exterior walls which enclose the tenant's space. For a single-tenant building, this will be all exterior walls.

Tenants in a multi-tenant building are limited to placing signs on their exterior walls.

v.

No individual building-mounted sign shall exceed four hundred eighty square feet in size.

vi.

Each parcel is permitted to have one freestanding monument sign, subject to the following:

(A)

The area of the freestanding sign shall be counted toward the maximum sign area for the parcel.

(B)

The sign may identify all businesses on the parcel.

(C)

If multiple tenants are shown on the sign, the area per tenant may be assigned as desired by the owner of the sign. It is not required that individual tenants be shown on a freestanding sign.

(D)

The sign shall not contain an electronic reader board.

(E)

The sign may be externally illuminated or may have backlit letters mounted on an opaque background. Internally illuminated freestanding signs are prohibited.

(F)

Maximum area for the freestanding sign shall be calculated as the gross square footage of the parcel divided by two thousand one hundred seventy-eight, up to a maximum sign size of three hundred square feet. Example:

43,560 square foot parcel: 43,560/2,178 = 20 square feet

871,200 square foot parcel (20 acres): 871,200/2,178 = 400 square feet, but limited to maximum of 300 square feet

b.

Off-premises Signs. Off-premises signs are prohibited, with the exception of those that legally existed prior to the adoption of this development code.

c.

Setback Requirements. Each sign shall be set back at least two feet from the property line.

d.

Height Limit. No sign shall exceed the following height limits, as applicable.

i.

Building-mounted Signs. A building-mounted sign shall not exceed the height limit of the building or thirtyfive feet, whichever is less.

ii.

Freestanding Signs. A freestanding sign shall not exceed the height of the tallest building on the site.

iii.

Freeway Information Area.

(A)

A freeway information (FI) area is established to include an area bounded: on the west by a line drawn fifty feet west of the west right-of-way line or Cherokee Lane or five hundred feet west of the west right-of-way line of the U.S. Highway 50-99 freeway, whichever is greater; and on the east by a line drawn five hundred feet east of the east right-of-way line of the U.S. Highway 50-99 freeway; and on the north and south by the then-current city limits.

(B)

A sign within the FI area shall not exceed a height of seventy-five feet.

C.

Mixed Use Zoning District Sign Standards. The regulation of the location, size, type and number of signs permitted shall be governed by the provisions of this section.

1.

Downtown Mixed Use and Mixed Use Center Districts. Each sign within the DMU and MCE zoning districts shall comply with the following standards:

Signs must be more than just a way to relay information; they must be an architectural extension of a building. The objective of the standards and guidelines is not to create uniformity, but to eliminate those elements that result in a cluttered and unattractive physical environment. Few outward features of a business display the owner's confidence and quality as well as signage. These basic parameters provide for creative signs that may still be as varied and different as the businesses they represent.

a.

Permitted Sign Types.

i.

Flush-Mounted or Painted Wall Signs. Cabinet "canned" signs shall be prohibited.

ii.

Projecting Signs. Provided:

(A)

They leave no less than eight clear above the finished grade, and extend no more than four feet out from the wall;

(B)

They are not mounted above the first floor.

iii.

Awning and Canopy Signs. Awnings are primarily for shade and secondarily a sign location. Letters and graphics are limited to vertical surfaces and shall not exceed fifty percent of the surface area. Internally illuminated vinyl awnings are not permitted.

iv.

Free Standing Signs. Pole-mounted and/or other forms of free standing signs shall not be permitted in the downtown district. Exceptions, subject to city review are:

(A)

Directory Signs or Kiosks. These may be considered for sidewalk locations; those for private arcades or buildings should be on private property, located in publicly accessible courts, accessways, or passages.

(B)

Portable Signs. Menu boards for restaurants, etc. provided they are stored indoors after hours of operation and not placed to obstruct the public sidewalk.

b.

Sign Size.

i.

Building Mounted Signs. The maximum area for each permitted sign type or any combination thereof shall be one square foot per one linear foot of tenant street frontage. Maximum sign length shall not exceed seventy-five percent of the tenant space frontage.

ii.

Free Standing Signs. Per city review.

c.

Exemptions.

i.

Temporary signs as set forth in Section 17.34.070(D).

ii.

Permanent Signs. In addition to those permitted above shall be limited to:

(A)

Existing built-in signs that are integral to the building design.

(B)

Painted window signs that cover a maximum of twenty-five percent of the window area.

(C)

Any sign identifying hours of operation that have an area of less than three square feet.

d.

Sign Maintenance. High levels of maintenance are essential if investment in the downtown is to be encouraged. Because signs are meant to be seen, maintenance is especially important.

i.

Paint. Signs shall be retained in good condition, with touch-up or repainted as needed. Peeling paint should be replaced promptly.

ii.

Repair. Damaged signs and poles shall be repaired promptly or removed.

iii.

Illumination. Bulbs and fixtures shall be replaced promptly if they burn out or are broken.

iv.

Awnings. Awnings that are damaged and/or faded shall be repaired or replaced promptly.

e.

Architectural Compatibility. A building's architectural style and overall proportions should guide the design of signs. Signs should be located on the facade in areas designed for this function; e.g. a recessed or framed area between the first and second floor, or a parapet panel between shopfront and roofline.

f.

Sign Types.

i.

Flush-mounted and painted wall signs should align with major architectural elements, such as doors and windows. Ornamental elements, such as moldings, pilasters, arches, clerestory windows, roof eaves, or cornice lines should be used as a frame.

(A)

Relationship to Cornice or Roof Line. Signs should not extend above the cornice line or into or above roof areas, unless they function as an integral part of the roof design. For example:

(1)

A sign board may extend above the cornice line of an otherwise flat-topped building if it is designed as a parapet in keeping with the style of the rest of the building.

(2)

A sign board may extend above an existing parapet, if it is located to function as an accent to the basic parapet design.

ii.

Projecting Signs.

(A)

Proportion. Projecting signs with vertically-oriented messages should be slender in appearance, with a proportion of at least two to one, height to width. Projecting signs with horizontally-oriented messages may be rectangular or square; if located below an awning or canopy as a hanging "blade" sign, they should also be slender, proportioned two to one width to height.

(B)

Structural Support. Should be an attractive addition to the overall design of the sign and/or building. Ornamental metal is recommended. Wooden supports are also appropriate if designed to complement the sign; however, undetailed, standard-size lumber should not be used.

(C)

Relationship to Cornice or Roof Line. Projecting signs should not extend above the cornice line or into the roof area, unless they are an integral part of a completely new facade design or a faithful accent to existing

architectural details or forms. Projection signs should not extend above the eave line of a sloped roof.

iii.

Awning and Canopy Signs.

(A)

Color. Combinations for awning or canopy signs should be simple. Lettering color and background color should contrast for legibility. Subtle bands of color are appropriate for awnings; more complex patterns or textures should generally not be used.

(B)

Location of Message—Awnings. Lettering should not appear on the sloped or curved portion. Information may be located on the valance (the front vertical portion).

(C)

Location of Message—Canopies. Signs on canopies should be in the form of letters or a signboard integrated with the canopy fascia, or freestanding letters mounted on top and extending above the fascia.

iv.

Other Sign Types.

(A)

Figurative signs shaped to reflect the silhouette of a particular object (for example, a key, a coffee cup, etc.) are encouraged. These may be wall-mounted or projecting, but should reflect guidelines for the specific type of sign as listed above.

v.

Not Allowed.

(A)

"Canned" signs are internally illuminated plastic panels within a sheet metal box enclosure. They should not be used. Inexpensive canned signs use a limited range of colors and lettering types, and tend to have no relationship to the architecture of the building.

(B)

Illuminated vinyl awning signs are more appropriate for "commercial strip areas" and shall not be used.

g.

Materials. Recommendations are:

i.

Signboards of wood or metal, with painted or engraved letters, or mounted letters of wood or metal.

ii.

Silhouette or Figurative Signs. Three-dimensional letters, symbols, and/or ornamental figures made of wood or metal.

iii.

Custom Neon. Exterior-mounted on a signboard or metal support frame or enclosure, or interior-mounted behind clerestory or display windows.

iv.

Fabric awnings such as canvas with painted or applied lettering; plastic or vinyl awnings should not be used.

h.

Lighting. Recommendations are:

i.

Backlit with lighting inside and behind projecting lettering.

ii.

Top or bottom lit with single or multiple spotlights.

2.

Mixed Use Corridor District. Each sign within the MCO zoning district shall comply with the following standards:

a.

General Specifications and Requirements. Signs within the MCO zoning district shall comply with the general specifications and requirements identified in development code Section 17.34.060 (B)(1)(a).

b.

Free-standing Signs. The design of the multi-tenant pylon signs, multi-tenant monument signs and center identification monument sign shall be commensurate with the architecture of the development.

i.

Center Identification Sign. One center identification sign, no higher than eight feet, shall be permitted. The sign shall be a single-sided, identifying the entrance to the center. No tenant names shall be displayed on the identification sign.

ii.

Monument Signs.

(A)

One multi-tenant monument sign, no higher than twelve feet, shall be permitted. A shopping center of ten acres or more may have two monument signs. These signs may have two-sided panels to identify multiple tenants within the shopping center; and

(B)

The monument signs shall have a maximum of eighty-four square feet of tenant identification and eight square foot of shopping center identity.

c.

Tenant Signage. The sign program regulates the total allowed signage each tenant may have, based upon the frontages of each store. Tenant signage shall not exceed the total allowed maximum signage per tenant.

i.

Tenants shall be allowed two square feet of signage per lineal foot of frontage for the front elevation and two square feet of signage multiplied by seventy-five percent per lineal foot of frontage for side (end caps) and rear elevations.

ii.

The signs may either be internally illuminated plex-faced channel letters or halo illuminated fabricated aluminum reverse pan channel letters.

iii.

Single pad tenants shall be allowed one wall sign per each business frontage facing a street, pedestrian plaza and/or parking lot. The total allowed sign area shall be two square feet of signage per lineal foot of frontage for the front elevation and two square feet of signage multiplied by seventy-five percent per lineal foot of frontage for side and rear elevations.

==> picture [408 x 467] intentionally omitted <==

Figure 3-12—Examples of Sign Types

• (Ord. No. 1922, § 1, 7-6-2016; Ord. No. 2003, § 2, 7-20-2022)

17.34.070 - Standards for specific types of signs.

Proposed signs shall comply with the following standards where applicable, in addition to the sign area and height limitations, and other requirements of Section 17.34.060 (Zoning District Sign Standards), and all other applicable provisions of this chapter.

A.

Awning Signs. The following standards apply to awning signs in all zoning districts where allowed by Section 17.34.060 (Zoning District Sign Standards).

Signs on awnings are limited to ground level and second story occupancies only.

2.

Awnings shall not be internally illuminated. Indirect lighting may be allowed. Translucent awning materials are prohibited.

3.

Awnings are primarily for shade and secondarily a sign location. Letters and graphics shall be limited to vertical surfaces and shall not exceed fifty percent of the surface area. Internally illuminated vinyl awnings are not permitted.

B.

Freeway-adjacent Outdoor Advertising Signs.

1.

Definitions. For the purposes of this subsection, the terms "advertising structure," "advertising display," "freeway," "highway," "landscaped freeway," "person," "sign," and "to place" shall be defined in compliance with Business and Professions Code Section 5200 et seq. (the California Outdoor Advertising Act).

2.

Prohibited for Freeway Viewing. No advertising display shall be placed or maintained on property adjacent to a freeway regardless of the applicable zoning district if the advertising display is designed to be viewed primarily by persons traveling on the freeway.

3.

Exemptions. The prohibition in subsection (C)(2) of this section shall not apply to advertising displays or structures placed upon property for the purpose of advertising the sale or lease of the property upon which the sign is placed.

4.

Size. The advertising display or structure shall not exceed four hundred eighty square feet.

C.

Projecting Signs. Projecting signs shall comply with the following standards:

1.

Proportion. Projecting signs with vertically-oriented messages should be slender in appearance, with a proportion of at least two to one, height to width. Projecting signs with horizontally-oriented messages may be rectangular or square; if located below an awning or canopy as a hanging "blade" sign, they should also be slender, proportioned two to one width to height.

Structural support should be an attractive addition to the overall design of the sign and/or building. Ornamental metal is recommended. Wooden supports are also appropriate if designed to complement the sign; however, undetailed, standard-size lumber should not be used.

3.

Relationship to Cornice or Roof Line. Projecting signs should not extend above the cornice line or into the roof area, unless they are an integral part of a completely new facade design or a faithful accent to existing architectural details or forms. Projection signs should not extend above the eave line of a sloped roof.

D.

Temporary Signs. Temporary signs are allowed in all zoning districts subject to the following requirements. Temporary signs include banner signs, paintings, markings and writings.

1.

Residential Zoning District On-site Signs.

a.

Maximum Area. Sign area shall not exceed six square feet.

b.

Number. No more than four temporary on-site signs shall be placed on any parcel.

c.

Duration. Temporary signs shall be removed within ten days of the termination of the event with which they are associated. Any sign which has been in place longer than a period of six months shall be subject to the applicable standards regulating permanent signage.

d.

Placement. Temporary signs shall not present a physical danger to persons or property. No temporary sign shall be placed, affixed, painted, marked, or written in a manner that obstructs either vehicular traffic (either by physical obstruction or obstruction of sight lines) or pedestrian traffic. No temporary sign shall be placed, affixed, painted, marked, or written upon any public property or public right-of-way including but not limited to any public building, sidewalk, crosswalk, curb, fence, wall, public playground equipment, and/or facilities, street lamp post, utility pole, hydrant, tree, street or traffic signs, parkways (e.g. the area between curb and sidewalk) or medians.

2.

Commercial and Industrial Zoning District On-site Signs.

a.

Maximum Area. Sign area shall not exceed thirty-two square feet per sign face.

b.

Number. Each parcel shall be allowed a minimum of four temporary on-site signs, plus one additional temporary on-site sign for each two hundred feet of lineal street frontage per parcel. Properties with multiple tenants or businesses shall be allowed no more than four additional temporary on-site signs per tenant or business.

c.

Duration. Temporary signs shall be removed within ten days of the termination of the event with which they are associated. Any sign which has been in place longer than a period of six months shall be subject to the applicable standards regulating permanent signage.

d.

Placement. Temporary signs shall not present a physical danger to persons or property. No temporary sign shall be placed, affixed, painted, marked, or written in a manner that obstructs either vehicular traffic (either by physical obstruction or obstruction of sight lines) or pedestrian traffic. No temporary sign shall be placed, affixed, painted, marked, or written upon any public property or right-of-way including but not limited to any public building, sidewalk, crosswalk, curb, fence, wall, public playground equipment, and/or facilities, street lamp post, utility pole, hydrant, tree, street or traffic signs, parkways (e.g. the area between curb and sidewalk) or medians.

E.

Window Signs. The following standards apply to window signs in all zoning districts where allowed:

1.

Window signs shall be allowed only on windows located on the ground level and second story of a building frontage.

2.

Permanent and temporary signs shall not occupy more than twenty percent of the total window area.

3.

Signage shall consist of individual letters, logos, or symbols applied to the glass surface; however, neon signs with transparent backgrounds may be hung inside the window glass line.

F.

Programmable Electronic Signs. The following standards apply to programmable electronic signs, except freeway oriented electronic billboards (Section 17.34.070(G) (standards for specific types of signs)), and electronic message signs on city property (Section 17.34.070(H) (standards for specific types of signs)), which are regulated separately.

1.

All programmable electronic signs require the issuance of a use permit. The city may impose site-specific conditions on the installation or operation of a programmable electronic sign in addition to the limits in this section, based on the sign's location and adjacent uses.

2.

Programmable electronic signs shall not exceed forty-eight square feet of total sign area in any zoning district, and shall comply with the location and height requirements for signs in the underlying zoning district.

3.

Electronic display area shall be included in the calculation of sign area.

4.

The content of programmable electronic signs shall be limited to non-commercial or on-site commercial messages. Programmable electronic signs shall not be used for off-site commercial messages.

5.

The following operational standards apply to all programmable electronic signs:

G.

Freeway Oriented Electronic Billboard. The following apply to freeway oriented electronic billboards:

1.

No more than two freeway oriented electronic billboards shall be allowed within the city.

Freeway oriented electronic billboards shall be located on private property.

3.

Freeway oriented electronic billboards are exempt from the prohibition of permanent off-site signs, and may display advertising or messages for businesses, events, etc., which are not on the same parcel as the sign.

4.

All design standards and specifications shall be identified in a development agreement with the city, which shall be approved by the city council.

5.

The design standards and specifications shall include a specific design for the sign, including dimensions, materials, colors, and architecture. The specific design shall be subject to review by the site plan and architectural review committee.

H.

Electronic Message Signs on City Property. This sign type is intended to provide for the location of electronic message signs incorporating an illuminated LED panel at city-owned facilities throughout Lodi. Electronic message signs on city property are subject to the following:

1.

Locations. Electronic message signs on city property shall be placed only on city-owned or city-controlled property, regardless of the zoning of the property.

2.

Sign Type. Electronic message signs on city property must be one of the following types.

a.

Monument (ground-mounted on a base)

b.

Pole (elevated above the ground on a central support)

c.

Building-mounted (affixed to a building)

3.

Brightness. The following standards apply to the brightness of electronic message signs on city property:

a.

Maximum brightness of the LED panel for any sign is seven thousand five hundred nits.

b.

Brightness must be controlled to automatically adjust the sign to respond to ambient lighting conditions and reduce glare and spillover to adjacent properties.

c.

A lower maximum lighting level may be imposed through the Conditional Use Permit for an individual sign.

4.

Enclosures and Supports. Sign enclosures and supports must be designed to be compatible with the architecture of buildings on the site.

5.

Number and Spacing of Signs.

a.

Any number of signs may be placed on a parcel, subject to approval by the planning commission.

b.

No specific spacing is required between signs, except that the planning commission may impose a spacing requirement based on site-specific circumstances as part of the review of the conditional use permit for an individual sign.

6.

Height, Size, Hours of Operation, and Other Standards. Standards for the various types of electronic message signs on city property are as follows.

a.

Monument Sign.

i.

Maximum height is ten feet, including the height of the sign base.

ii.

Maximum screen size is four feet high by eight feet wide.

iii.

Sign may be single or double-sided. Size for a double-sided sign is calculated by measuring one sign face.

b.

Pole Sign.

i.

Maximum height is twenty feet. The maximum height to the bottom of the LED panel shall not exceed twelve feet.

ii.

The maximum screen size is six feet high by twelve feet wide.

iii.

The sign support must be at least one-third the width of the sign face.

c.

Building-mounted.

i.

The sign must be mounted to a vertical surface, such as a building wall or other architectural feature, provided that the top of the sign may not be more than forty-five feet above the ground at the base of the wall.

ii.

The sign may not project over the top of the wall on which the sign is placed.

iii.

Maximum screen size is eight feet high by sixteen feet wide.

d.

Hours of Operation.

i.

Sign operation shall be limited to the hours 6:00 a.m. to 10:00 p.m., unless different hours are established as part of the conditional use permit for the sign.

e.

Content.

i.

The city may require that a reasonable amount of display time is provided to the city free of charge to allow the city to provide information to the public about civic events, city public information messages,

emergency information, and the like.

ii.

Electronic message signs on city property are not subject to any prohibition on off-site signs contained in this Code and may display commercial messages for businesses and activities not located on the site.

f.

Conditions of approval may include dimensional and operational standards which are more stringent than those specified in this section if needed to address site-specific conditions.

7.

Approval Process.

a.

All electronic message signs on city property require a conditional use permit, which shall be reviewed and approved per Section 17.40.040 of this Zoning Code. An application for a conditional use permit for an electronic message signs on city property may be denied if the city, in light of evidence in the record, determines that the proposed sign is not appropriate for the proposed location.

b.

All electronic message signs on city property require site plan and architectural review approval by the site plan and architectural review committee, per Section 17.40.020 of this Zoning Code.

(Ord. No. 1922, § 1, 7-6-2016; Ord. No. 1990, § 1, 1-19-2022; Ord. No. 2003, § 2, 7-20-2022; Ord. No. 2017, § 1, 8-16-2023)

The director or other applicable review authority may grant an administrative deviation to the allowed area of a sign in compliance with Section 17.40.050 (Variations and Administrative Deviations) if it is first determined that:

A.

The position or setback of the building on the site requires additional area for effective signing. The exception may increase the allowed sign area by up to twenty-five percent; or

B.

The exceptional size of the structures, uses, or site requires additional sign area for effective identification from major approaches to the site. The exception may increase the allowed sign area by up to twenty-five percent; or

C.

The name of the business or use to be identified is exceptionally long, so that sign readability would be impaired by crowding words into the allowable sign area. The exception may increase the allowed sign area by up to twenty-five percent; or

D.

Signing proposed is indistinguishable from the architecture itself (supergraphic design) or achieves the level of sculptural art.

(Ord. No. 1922, § 1, 7-6-2016)

All signs within the city shall be maintained in good condition and repair, as follows:

A.

Awnings. Awnings that are damaged and/or faded shall be promptly repaired or replaced.

B.

Illumination. Bulbs and fixtures shall be promptly replaced if they burn out or are broken.

C.

Paint. The paint on each sign shall be maintained in good condition, with touch-up or repainting as needed. Peeling paint should be promptly replaced.

D.

Repair. A damaged sign and/or pole shall be promptly repaired, or removed from the site.

(Ord. No. 1922, § 1, 7-6-2016)

A nonconforming sign is any permanent or temporary sign that was legally established and maintained in compliance with the provisions of all applicable laws in effect at the time of original installation but that does not now comply with the provisions of this development code.

A.

General Requirements. A nonconforming sign may not be:

1.

Changed to another nonconforming sign;

2.

Structurally altered to extend its useful life;

Expanded;

4.

Re-established after a business is discontinued for sixty days; or

5.

Re-established after damage or destruction to fifty percent or more of the value of the sign, or its components, as determined by the building official.

B.

Abatement. Signs not conforming to the provisions of this chapter shall be brought into compliance or removed upon the following circumstances:

1.

Abandonment. Any discontinuance or abandonment of a nonconforming sign shall result in a loss of legal nonconforming status of the sign.

2.

Modification. Any proposed modification to the non-conforming sign structure or copy shall result in a loss of legal nonconforming status of the sign.

(Ord. No. 1922, § 1, 7-6-2016)

A.

Public Nuisance Declared by Director. Any sign erected or maintained contrary to the provisions of this chapter may be declared to be a public nuisance by the director and proceedings for its removal may take place in compliance with Chapter 17.76 (Enforcement).

B.

Removal of Abandoned Sign, Sign Shell, and Support Structures. A sign, sign shell, and support structures shall be removed by the owner or lessee of the premises upon which the sign is located when the business that it advertises is no longer conducted on the premises. If the owner or lessee fails to remove the sign and sign shell, the director shall give the owner thirty days written notice to remove it. Upon failure to comply with the notice, the director may have the sign removed at the owner's expense. Proceedings for the removal of signs and/or support structures shall comply with Chapter 17.76 (Enforcement).

(Ord. No. 1922, § 1, 7-6-2016)

Any permit issued or denied in compliance with this chapter shall be subject to expedited judicial review in accordance with the time limits set forth in Code of Civil Procedure, Section 1094.8 et seq.

(Ord. No. 1922, § 1, 7-6-2016)

The following guidelines should be considered in the design of all signs within Lodi. These guidelines are intended to complement other requirements in the previous sections of this chapter:

A.

Design Compatibility.

1.

Creative Design Encouraged. Signs should make a positive contribution to the general appearance of the street and commercial area in which they are located. A well-designed sign can be a major asset to a building.

2.

Proportionate Size and Scale. The scale of signs should be appropriate for the building on which they are placed and the area in which they are located. The size and shape of a sign should be in proportion with the scale of the structure.

3.

Integrate Signs with the Building. Signs should not obscure architectural features. Their design should be integrated with the design of the building. A well-designed building facade or storefront is created by the careful coordination of sign and architectural design and over-all color scheme. Signs in multiple tenant buildings should be designed to complement or enhance the other signs in the building.

==> picture [408 x 182] intentionally omitted <==

Figure 3-13—Design Compatibility

Reduce Sign Impact. Because residential and commercial uses generally exist in close proximity, signs should be designed and located so that they have little or no impact on adjacent residential neighborhoods.

==> picture [384 x 112] intentionally omitted <==

Figure 3-14—Reduce Sign Impact

5.

Sign Placement. Place wall signs to establish facade rhythm, scale and proportion where facade rhythm does not otherwise exist. On buildings that have a monolithic or plain facade, signs can establish or continue appropriate design rhythm, scale, and proportion.

==> picture [408 x 194] intentionally omitted <==

Figure 3-15—Sign Placement

6.

Pedestrian-oriented Signs are Encouraged. It is desirable and encouraged to include a pedestrian-oriented sign as one of the permitted signs for a business. Pedestrian-oriented signs are signs that are designed for and directed toward pedestrians so that they can easily and comfortably read the sign as they stand adjacent to the business.

==> picture [192 x 238] intentionally omitted <==

Figure 3-16—Pedestrian-Oriented Sign

7.

Use Individual Letters. As an alternative to an attached sign, lettering may be painted directly on the building facade. However, signs should not be painted directly over ornamental and architectural features or over brick and stone surfaces of buildings.

B.

Color.

1.

Select Colors Carefully. Color is one of the most important aspects of visual communication. It can be used to catch the eye or to communicate ideas or feelings. Colors should be selected to contribute to legibility and design integrity. Even the most carefully thought out sign may be unattractive and a poor communicator because of poor color selection. Too many colors used thoughtlessly can confuse and negate the message of a sign.

2.

Use Contrasting Colors. Contrast is an important influence on the legibility of signs. A substantial contrast should be provided between the color and material of the background and the letters or symbols to make the sign easier to read in both day and night. Light letters on a dark background or dark letters on a light background are most legible.

==> picture [288 x 85] intentionally omitted <==

Figure 3-17—Contrasting Letters and Background

3.

Avoid Using Too Many Colors. Colors or color combinations that interfere with legibility of the sign copy or that interfere with viewer identification of other signs should be avoided. Small accents of several colors may make a sign unique and attractive, but the competition of large areas of many different colors often decreases readability.

4.

Use Complementary Colors. Sign colors should complement the colors used on the structures and the project as a whole.

C.

Materials.

1.

Sign Materials. The following sign materials are recommended:

a.

Wood (carved, sandblasted, etched, and properly sealed, primed and painted, or stained).

b.

Metal (formed, etched, cast, engraved, and properly primed and painted or factory-coated to protect against corrosion).

c.

High density pre-formed foam or similar material. New materials may be very appropriate if properly designed in a manner consistent with these guidelines, and painted or otherwise finished to compliment the architecture.

d.

Custom neon tubing, in the form of graphics or lettering, may be incorporated into several allowed sign types.

Compatibility of Materials. Sign materials should be compatible with the design of the face of the facade where they are placed. The selected materials should contribute to the legibility of the sign. For example, glossy finishes are often difficult to read because of glare and reflections.

3.

Appropriate Materials. Paper and cloth signs are not suitable for exterior use (except on awnings) because they deteriorate quickly. Paper and cloth signs are appropriate for interior temporary use only. The use of interior signs on paper or cloth should be the result of careful thinking about readability and the image of the business.

D.

Sign Legibility. An effective sign should do more than attract attention, it should communicate a message. Usually, this is a question of the readability of words and phrases. The most significant influence on legibility is lettering.

1.

Pedestrian-oriented Signs. Make signs smaller if they are oriented to pedestrians. The pedestrian-oriented sign is usually read from a distance of fifteen to twenty feet; the vehicle-oriented sign is viewed from a much greater distance. The closer a sign's viewing distance, the smaller that sign need be. See Table 3-3.

2.

Use a Brief Message. A brief message should be used whenever possible. The fewer the words, the more effective the sign. A sign with a brief, succinct message is easier to read and looks more attractive. Evaluate each word. If the word does not contribute directly to the basic message of the sign, it detracts from it and probably should be deleted.

Space Letters and Words Carefully. Letters and words should not be spaced too closely. Crowding of letters, words or lines will make any sign more difficult to read. Conversely, over-spacing these elements causes the viewer to read each item individually, again obscuring the message. As a general rule, letters should not occupy more than seventy-five percent of sign panel area.

4.

Use Symbols and Logos. Symbols and logos can be used in place of words wherever appropriate. Pictographic images will usually register more quickly in the viewer's mind than a written message.

==> picture [180 x 151] intentionally omitted <==

Figure 3-18—Use of Symbols/Logos

==> picture [180 x 144] intentionally omitted <==

Figure 3-19—Letter Spacing

5.

Limit the Number of Letter Styles. The number of lettering styles should be limited in order to increase legibility. A general rule to follow is to limit the number of different letter types to no more than two for small signs and three for larger signs. Intricate typefaces and symbols that are difficult to read reduce the sign's ability to communicate.

E.

Sign Illumination. The possible illumination of a sign should be carefully considered. Like color, illumination can provide more effective visual communication, or can confuse the message. Imaginative and innovative lighting techniques for signs are encouraged.

1.

Use Illumination Only if Necessary. Consider if the sign needs to be lighted at all. Lights in the window display may be sufficient to identify the business. This is particularly true if good window graphics are used. Often, nearby street lights provide ample illumination of a sign after dark.

==> picture [180 x 110] intentionally omitted <==

Figure 3-20—Use of Existing Illumination

2.

Use a Direct Light Source. If the sign can be illuminated by a direct source of light (e.g., spotlight), this is usually the best arrangement because the sign will appear to be better integrated with the building's architecture. Light fixtures supported in front of the structure cast light on the sign and generally a portion of the face of the structure as well. Direct lighting emphasizes the continuity of the structure's surface, and signs become an integral part of the facade. Direct lighting is also appropriate because it produces a more intimate ambiance on the street. The lighting of signs should be considered as an element in a building's overall lighting design.

3.

Shield the Light Source. Whenever direct lighting fixtures are used (fluorescent or incandescent), care should be taken to properly shield the light source to prevent glare from spilling over into residential areas and any public right-of-way. Signs should be lighted only to the minimum level required for nighttime readability.

==> picture [180 x 176] intentionally omitted <==

Figure 3-21—Shielded Light Source

Back-lighted Signs. Back-lighted, solid letters are encouraged. Signs consisting of opaque individually cut letters mounted directly on a structure (push-through letters) can often use a distinctive element of the structure's facade as a backdrop, thereby providing a better integration of the sign with the structure.

==> picture [360 x 118] intentionally omitted <==

Figure 3-22—Back-Lighted Signs

(Ord. No. 1922, § 1, 7-6-2016)

Chapter 17.36 - STANDARDS FOR SPECIFIC LAND USES

This chapter provides site planning and development standards for land uses that are allowed by Article 2 (Land Use and Development Standards) in individual or multiple zoning districts, and for activities that require special standards to mitigate potential impacts.

(Ord. No. 1869, § 2, 2-20-2013)

Land uses and activities covered by this chapter shall comply with the provisions applicable to the specific use, in addition to all other applicable provisions of this development code.

A.

Where Allowed. The uses that are subject to the standards in this chapter shall be located in compliance with the requirements of Article 2 (Land Use and Development Standards).

B.

Land Use Permit Requirements. The uses that are subject to the standards in this chapter shall be authorized by the land use permit required by Article 2, except where a land use permit requirement is established by this chapter for a specific use.

(Ord. No. 1869, § 2, 2-20-2013)

This section provides location and operational standards for child day care facilities, in compliance with state law and in a manner that recognizes the needs of child care operators and minimizes effects on adjoining properties. These standards apply in addition to the other provisions of this development code

and the requirements of the California Department of Social Services. Licensing by the Department of Social Services is required for all facilities.

The establishment of a child day care facility shall comply with Article 2 (Land Use and Development Standards), and the following criteria and standards:

A.

Small family day care homes (eight or fewer children). Allowed within a single-family residence located in a residential zoning district.

B.

Large family day care homes (nine to fourteen children). Allowed within a single-family residence located in a residential zoning district subject to a minor use permit. The review of the minor use permit will be based upon compliance with the following standards:

1.

The facility shall comply with all applicable state and fire codes.

2.

Location Requirements. A separation of three hundred feet shall be required from any other large family day care home.

3.

Fencing. A six-foot high fence or wall shall be constructed on all property lines or around the outdoor activity areas, except in the front yard or within a traffic safety visibility area.

4.

Noise Standards. The facility shall not exceed city noise limits as established by the city's general plan.

5.

Outdoor Lighting. On-site exterior lighting shall be allowed for safety purposes only, shall consist of low wattage fixtures, and shall be directed downward and shielded.

6.

Parking. Parking shall be provided in compliance with Chapter 17.32 (Parking Standards).

7.

Swimming Pools/Spas Prohibited. No swimming pool/spa shall be installed on the site after establishment of the family day care center, due to the high risk and human safety considerations. Any pool/spa existing on the site prior to application for approval of a family day care center shall be removed prior to establishment of the use, unless the director determines that adequate, secure separation exists between the pool/spa and the facilities used by the children.

C.

Child Day Care Centers (Fifteen or More Children). Allowed in the zoning districts determined by Article 2 (Land Use and Development Standards), subject to use permit approval, in compliance with Section 17.40.040 and the following standards:

1.

Standards for Child Day Care Centers. The following standards shall apply to child day care centers:

a.

Size. The minimum parcel size for a child day care center shall be ten thousand square feet;

b.

Parking. Off-street parking shall be as determined through use permit approval, but shall be a minimum of one space per employee, plus one space for each five children.

c.

Pick-up and Drop-off Zone. A safe area for picking up and dropping off children shall be provided. This activity shall only be allowed in a driveway, in an approved parking area, or in an area with direct access to the facility.

d.

Noise. Potential noise sources shall be identified during the use permit process, and noise attenuation and sound dampening shall be addressed. Noise levels shall be in compliance with the most recent guidelines of the noise element of the general plan.

e.

Outdoor Lighting. On-site exterior lighting shall be allowed for safety purposes only, shall consist of low wattage fixtures, and shall be directed downward and shielded.

f.

Fencing. A six-foot high fence or wall shall be constructed on all property lines or around the outdoor activity areas, except in the front yard or within a traffic safety visibility area.

g.

Alternative Standards. Alternatives to the standards of this section may be authorized through the use permit approval if the review authority determines that:

i.

The intent of these standards is met; and

ii.

There will be no detriment to surrounding properties or residents.

(Ord. No. 1869, § 2, 2-20-2013)

A.

Applicability. Residential care facilities shall be allowed as follows:

1.

Residential Care Facility with Six or Fewer Residents. Allowed within a single-family residence located in a residential zoning district.

2.

Residential Care Facility with Seven or More Residents. Allowed as described in Article 2 (Land Use, General Development Standards, Design Guidelines) subject to a use permit. The review of the use permit will be based upon compliance with the following standards:

a.

Limitation on Impacts. The use shall not create impacts on surrounding properties neighborhoods that are no more significant than would be caused by standard multi-family rental projects.

b.

Parking Reduction. The review authority may grant a reduction in off-street parking requirements for a residential care facility, provided that the project shall include the following when a parking reduction is proposed:

i.

A minimum of five percent of the total indoor floor area shall be devoted to educational, recreational, and social facilities (e.g., library, multi-purpose common room, recreation room, TV room); and

ii.

Common laundry facilities of sufficient number and accessibility, consistent with the number of living units.

c.

Location Requirements. A separation of three hundred feet shall be required from any other residential care facility.

3.

Project Changes. If a residential care facility approved in compliance with this section is changed to another use (for example, the project converts to a conventional unrestricted multi-family project), the project shall be modified to meet all applicable standards of this development code.

B.

Senior Apartments and Independent Living Centers. Senior apartments and independent living centers are multi-family residential projects reserved for senior citizens, where common facilities may be provided (for example, recreation areas), but where each dwelling unit has individual living, sleeping, bathing, and kitchen facilities.

1.

General Design Standards. Senior apartments and independent living centers shall comply with the provisions of Chapter 17.18 (Residential Zoning Districts), except as otherwise provided by this section.

2.

Off-street Parking. Off-street parking shall comply with Chapter 17.32 (Off-Street Parking and Loading). The review authority may restrict the total number of resident cars to be parked on-site or designate specified on-site parking spaces for employee or visitor parking only.

3.

Additional Uses. Additional facilities, including skilled nursing and/or intermediate care facilities, and personal services (for example, beauty salon, physical therapy) may be allowed through use permit approval, without requiring additional parking, provided that these facilities shall only be for the private use of project residents.

(Ord. No. 1869, § 2, 2-20-2013)

17.36.050 - Residential density bonus.

A.

Purpose. The residential density bonus provisions of this code are adopted pursuant to the provisions of California Government Code Sections 65915—65918. The purpose of adopting this chapter is to encourage affordable housing by providing the incentive of increased density and such other incentives provided by this chapter.

B.

Definitions.

1.

"Approving authority" is as defined in this development code.

2.

"Child care facility" means a child day care facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school-age child care centers.

"Density bonus" means an increase in density over the otherwise maximum allowable residential density under the applicable general plan designation as of the date of filing of an application for density bonus with city.

4.

"Development" standard means the site, development, or construction standards and/or conditions of approval that apply to a residential development.

5.

"Housing development" means one or more groups of projects for residential units constructed within a large lot parcel. For the purposes of this chapter, "housing development" also includes a subdivision or common interest development as defined in Section 1351 of the Civil Code and consists of residential units or unimproved residential lots.

6.

"Incentive" means a reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission. An incentive can be requested by the applicant for purposes of reducing the cost of development to make the project financially feasible. The term "incentive" includes the term "concession" as that term is used in California Government Code Sections 65915—65918.

7.

"Low income" is defined as less than eighty percent of the area median income, as defined by Section 50079.5 of the California Health and Safety Code.

8.

"Low income unit" is defined as a unit with an affordable rent or payment that does not exceed thirty percent of sixty percent of area median income adjusted for family size appropriate for the unit.

9.

"Moderate income" is defined as less than one hundred twenty percent of the area median income, as defined in Section 50093 of the California Health and Safety Code.

10.

"Moderate income unit" is defined as a unit with an affordable rent or payment that does not exceed thirtyfive percent of one hundred ten percent of area median income adjusted for family size appropriate for the unit.

11.

"Very low income" is defined as less than fifty percent of the area median income, as defined in Section 50105 of the California Health and Safety Code.

"Very low income unit" is defined as a unit with an affordable rent or payment that does not exceed thirty percent of fifty percent of the area median income, adjusted for family size appropriate for the unit.

13.

"Senior citizen housing development" is defined as a housing project where residency is restricted to persons sixty-two years of age or older, or fifty-five years of age or older in a Senior Citizen Housing Development per Sections 51.3 and 51.12 of the California Civil Code.

C.

Application Requirements. A density bonus may be approved pursuant to a request for approval of a density bonus, provided the request complies with the provisions of this chapter. Each application for a density bonus request shall be accompanied by the following:

1.

A site plan that identifies all units in the project including the location of the affordable units and the bonus units.

A narrative briefly describing the housing development and shall include information on:

a.

The number of units permitted under the general plan;

b.

The total number of units proposed in the project;

c.

The number of affordable and/or senior units;

d.

The number of bonus units requested based on Table 3-5;

e.

A breakdown of units proposed for very low, low, moderate income, senior citizen, and/or market rate units; and

f.

Any requested incentive(s), including an explanation as to why the incentive(s) is required for the housing development.

3.

Information indicating that appropriate and sufficient infrastructure capacity is available to serve the bonus units.

4.

Any such additional information in support of a request for a density bonus as may be requested by the director.

D.

Eligibility for Bonus. A developer of a housing development containing five or more units may qualify for a density bonus and at least one other incentive as provided by this chapter if the developer does one of the following:

1.

Agrees to construct and maintain at least five percent of the units dedicated to very low income households;

2.

Agrees to construct and maintain at least ten percent of the units dedicated to lower income households;

3.

Agrees to construct and maintain at least ten percent of the units in a common interest development (as defined in Section 1351 of the California Civil Code) dedicated to Moderate Income households, provided that all units in the development are offered to the public for purchase;

4.

Agrees to construct and maintain a senior citizen housing development as defined in Section 17.36.040 of this chapter;

5.

Includes a qualifying child care facility as described in Section 17.36.030 of this chapter in addition to providing housing as described in subsections (D)(1)—(D)(3) of this section.

E.

Density Bonus Calculation and Allowance.

1.

State Law Preemption. Pursuant to state law, the granting of a density bonus or the granting of a density bonus together with an incentive(s) shall not be interpreted, in and of itself, to require a general plan amendment, specific plan amendment, rezone, or other discretionary approvals.

2.

Density Bonus Calculation. An applicant must choose a density bonus from only one applicable affordability category in below subsection 3 and may not combine categories with the exception of child care facilities, which may be combined with an affordable housing development, for an additional density bonus up to a combined maximum of thirty-five percent.

3.

Density Bonus Allowance. In calculating the number of units required for very low, low and moderate income households, the density bonus units shall not be included. In no event shall a density bonus exceed thirty-five percent. A housing development that satisfies all applicable provisions of this chapter shall be allowed the density bonuses as described in Table 3-4:

TABLE 3-4

F.

Eligibility and Application Requirements for Incentives.

Available Incentives. A housing development qualifying for a density bonus may be entitled to at least one incentive. Incentives may include, but are not limited to:

a.

A reduction in site development standards such as:

i.

Reduced minimum lot sizes and/or dimensions;

ii.

Reduced minimum lot setbacks;

iii.

Reduced minimum outdoor and/or private outdoor living area;

iv.

Increased maximum lot coverage;

v.

Increased maximum building height and/or stories;

vi.

Reduced on-site parking requirements;

vii.

Reduced street standards.

b.

A reduction in architectural design requirements.

c.

A density bonus greater than the amount required by this chapter.

d.

Other regulatory incentives proposed by the developer or the city, which result in identifiable, financially sufficient, and actual cost reductions.

e.

If an applicant qualifies for a density bonus pursuant to this chapter, the applicant may request, in addition to any requested incentive(s), a reduced parking requirement be applied to the project in place of the city's

current parking requirements. The parking requirement is inclusive of handicapped and guest parking for the entire housing development, but shall not include on-street parking spaces in the count towards the parking requirement.

G.

Child Care Facilities.

1.

Child Care Facility Density Bonus. When an applicant proposes to construct a housing development that is eligible for a density bonus under this chapter and California Government Code Section 65917.5, and includes a child care facility that will be located on the premises or adjacent to the housing development, the city shall grant either:

a.

An additional density bonus that is an amount determined by the director; or

b.

An additional incentive that contributes significantly to the economic feasibility of the construction of the child care facility.

2.

Child Care Facility Requirements. The city shall require, as a condition of approving the housing development, that the following occur:

a.

The Child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the affordable units are required to remain affordable per this chapter; and

b.

Of the children who attend the child care facility, the children of very low income households, low income households or families of moderate income households shall equal a percentage that is equal to or greater than the percentage of affordable units in the housing development that are required for very low, low or families of moderate income households.

3.

Child Care Facility Criteria. The city shall not be required to provide a density bonus or incentive for a child care facility if it finds, based upon substantial evidence, that the community has adequate child care facilities.

H.

General Guidelines.

1.

Location of Bonus Units. As required by California Government Code Section 65915(g), the location of density bonus units within the qualifying housing development may be at the discretion of the developer, and need not be in the same area of the project where the units for the low income households are located as long as the density bonus units are located within the same housing development.

2.

Infrastructure and Supply Capacity. Criteria to be considered in analyzing the requested bonus will include the availability and capacity of infrastructure (water, sewer, storm drain, road capacity, etc.) and water supply to accommodate the additional density.

I.

Findings for Approval for Density Bonus and/or Incentive(s).

1.

Density Bonus Approval. The following finding shall be made by the approving authority in order to approve a density bonus request:

a.

The density bonus request meets the requirements of this chapter.

2.

Density Bonus Approval with Incentive(s). The following findings shall be made by the approving authority in order to approve a density bonus and incentive(s) request:

a.

The density bonus request meets the requirements of this chapter;

b.

The incentive is required in order to provide affordable housing; and

c.

Approval of the incentive(s) will have no specific adverse impacts upon health, safety, or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to very low, low, and moderate income households.

3.

Denial of a Request for an Incentive(s). The approving authority shall make the following findings prior to disallowing an incentive (in the case where an accompanying density bonus may be approved, or in the case of where an incentive(s) is requested for senior housing or child care facility):

a.

That the incentive is not necessary in order to provide for affordable housing costs or for rents for the targeted units to be set as specified in this chapter.

b.

That the incentive would result in specific adverse impacts upon health, safety, or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to very low, low, and moderate income households.

J.

Affordable Housing Agreement Required.

1.

Agreement Required. In approving a density bonus, the associated permit or tentative map shall require that an affordable housing agreement, or other form of agreement as approved by the city attorney, effectuating the terms of affordability of the development be executed prior to effectuation of the permit or recordation of the final map or issuance of a building permit.

2.

Continued Availability. The density bonus request shall include the procedures proposed by the developer to maintain the continued affordability of all affordable income density bonus units and shall be evidenced by an affordable housing agreement as follows:

a.

An applicant shall agree to, and the city shall ensure, continued affordability of all very low and low income units that qualified the applicant for the award of the density bonus for thirty years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. Rents for the lower income density bonus units shall be set at an affordable rent as defined in Section 17.36.050(B) of this chapter. Owner-occupied units shall be available at an affordable housing cost as defined in Section 17.36.050(B) of this chapter.

b.

An applicant shall agree to, and the city shall ensure that, the initial occupants of the moderate income units are directly related to the receipt of the density bonus in the common interest development as defined in Section 1351 of the California Civil Code, are persons and families of moderate income, as defined in Section 17.36.050(B) of this chapter and that the units are offered at an affordable housing cost, as that cost is defined in Section 17.36.050(B) of this chapter. The city shall enforce an equity-sharing agreement unless it is in conflict with the requirements of another public funding source or law. The following apply to the equity-sharing agreement:

i.

Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The city shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within three years for any of the purposes described in subdivision (e) of Section 33334.2 of the California Health and Safety Code that promote homeownership.

ii.

For purposes of this subdivision, the city's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate-income household plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value.

iii.

For purposes of this subdivision, the city's proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the home at the time of initial sale.

(Ord. No. 1869, § 2, 2-20-2013)

The following standards for home occupations are intended to provide reasonable opportunities for employment within the home, while avoiding changes to the residential character of a dwelling that accommodates a home occupation, or the surrounding neighborhood, where allowed by Article 2 (Land Use and Development Standards):

A.

Business License Required. A home occupation shall require a city business license.

B.

Limitations on Use. The following are examples of business activities that may be approved as home occupations, and uses that are prohibited as home occupations:

1.

Uses allowed as Home Occupations. The following and other uses determined by the director to be similar may be approved by the director in compliance with this section:

a.

Art and craft work (ceramics, painting, photography, sculpture, etc.);

b.

Tailors, sewing, etc.; and

c.

Office-only uses, including an office for an architect, attorney, consultant, counselor, insurance agent, planner, tutor, writer, etc., and electronic commerce.

2.

Uses Prohibited as Home Occupations. The following are examples of business activities that are not incidental to or compatible with residential activities, and are, therefore, prohibited as home occupations:

a.

Adult entertainment activities/businesses;

b.

Animal hospitals and boarding facilities;

c.

Automotive and other vehicle repair and service (body or mechanical), painting, storage, or upholstery, or the repair, reconditioning, servicing, or manufacture of any internal combustion or diesel engines, or of any motor vehicle, including automobiles, boats, motorcycles, or trucks;

d.

Contractor's and other storage yards;

e.

Dismantling, junk, or scrap yards;

f.

Fitness/health facilities (except that one-on-one personal trainers may be allowed);

g.

Medical clinics, laboratories, or doctor's offices;

h.

Personal services as defined in Article 7 (Definitions), except that licensed massage therapy and physical therapy may be allowed as home occupations in compliance with this section;

i.

Parking on, or dispatching from the site any vehicle used in conjunction with an automobile wrecking or towing service, or with a taxi or similar passenger or delivery service, whether based on the site or elsewhere;

j.

On-site sales, except that mail order businesses may be allowed where there is no stock-in-trade on the site;

k.

Uses that require explosives or highly combustible or toxic materials;

l.

Welding and machine shop operations;

m.

Wood cutting businesses;

n.

Barber/beauty/nail shops;

o.

Dance/night clubs;

p.

Food preparation for commercial purposes;

q.

Fortune telling (psychics);

r.

Photography studios (not including photo processing);

s.

Plant nursery;

t.

Retail or wholesale sales of products stored at the residence, except that mail order businesses may be allowed where there is no stock-in-trade on the site; and

u.

Other uses the director determines to be similar to those listed above.

C.

Operating Standards. Home occupations shall comply with all of the following operating standards:

1.

Accessory Use. The home occupation shall be clearly secondary to the full-time use of the property as a residence.

2.

Location of Home Occupation Activities. All home occupation activities shall be confined to one room within the primary dwelling, which shall not occupy more than twenty-five percent of the gross floor area of the ground floor. A garage or other enclosed accessory structure may be used for home occupation purposes only if required off-street parking spaces are continually maintained. Horticulture activities may be conducted outdoors, but only on the rear one-third of the site.

3.

Visibility. The use shall not require any exterior modification to the structure not customarily found in a dwelling, nor shall the home occupation activity be visible from a public right-of-way, or from neighboring residential properties.

4.

Signs. No signs are permitted in conjunction with the use, other than one name plate, not exceeding one square foot in area, and only if attached flush to a wall of the structure. There shall be no advertising signs.

5.

Safety. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises. The use shall not employ the storage of explosive, flammable, or hazardous materials beyond those normally associated with a residential use.

6.

Off-site Effects. No home occupation activity shall create dust, electrical interference, fumes, gas, glare, light, noise, odor, smoke, toxic/hazardous materials, vibration, or other hazards or nuisances as determined by the director.

7.

Outdoor Display or Storage. There shall be no window display or outdoor storage or display of equipment, materials, or supplies associated with the home occupation. Tools or equipment connected with the business shall be operated so as to be imperceptible at or beyond the property line.

8.

Employees. A home occupation shall have no on-site employees other than full-time residents of the dwelling.

9.

Client/customer visits. The home occupation shall involve no on-site clients except for:

a.

Home occupations in live/work units;

b.

Tutoring or instruction of children by appointment; and

c.

Applicants with a demonstrated mobility handicap.

10.

Motor Vehicles. There shall be no motor vehicles used or kept on the premises, except residents' passenger vehicles, and/or one pickup truck, van, or similar vehicle not exceeding one and one-half-ton carrying capacity. The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises in a manner different from normal residential usage, except for FedEx, UPS, or USPS-type home deliveries/pick-ups. The commission may authorize other types and/or additional vehicles with use permit approval.

11.

Utility Service Modifications. No utility service to the dwelling shall be modified solely to accommodate a home occupation, other than as required for normal residential use.

D.

Home Working Operations. Small-scale commercial wood and metal working may be authorized by minor use permit as a home occupation, provided that the review authority may require conditions of approval limiting hours of operation, noise levels, and/or any other aspect of the operation, to ensure compatibility with on-site and adjacent residential uses.

(Ord. No. 1869, § 2, 2-20-2013)

A proposed mobile home park shall comply with the following minimum standards. The review authority may impose additional, more restrictive, requirements in the interest of public health, safety, and welfare, to the extent allowed by state law.

A.

Overall Mobile Home Park Site Standards. The site for the mobile home park shall comply with the following standards:

1.

Minimum Site Area: Twenty acres.

Maximum Density: Ten units per acre.

3.

Boundary Landscape Building Setback. Each park shall provide a building setback and a planting strip of at least ten feet in width where trees shall be planted and where general screening and/or a fence shall be provided. Where any portion of the park fronts on a public street or right-of-way, the setback shall be twenty-five feet.

4.

Perimeter Wall/Fence. A six-foot high solid masonry wall shall be provided around the entire perimeter of the mobile home park subject to the setback requirements of this section.

5.

Parking. Parking shall be provided in compliance with Chapter 17.32 (Parking and Loading).

6.

Recreational Vehicle Parking. A supplemental parking area for recreational vehicles may be allowed as part of the use permit approval for the project.

7.

Accessory Uses. A mobile home park may contain accessory retail and service uses for the convenience of the residents provided that these uses shall be specifically authorized by the park use permit.

B.

Individual Mobile Home Site Standards. Each individual mobile home site shall comply with the following standards:

1.

Minimum Site Area. Individual mobile home sites and contiguous public walkway areas shall contain a minimum of three thousand square feet of area for a single-wide mobile home unit and four thousand square feet for a double-wide mobile home.

2.

Parcel Dimensions. Individual mobile home parcels shall be a minimum of forty feet in width and seventy feet in length.

3.

Setbacks. Individual mobile homes shall be set back five feet from all lot lines, including front and rear, except for any side or rear line abutting the mobile home park property line, in which case the minimum setback shall be twenty-five feet.

Carport. Each mobile home site shall be provided an individual carport, with its location and design as approved through the mobile home park use permit.

(Ord. No. 1869, § 2, 2-20-2013)

A.

Accessory Outdoor Display. Outdoor displays incidental and complementary to an allowed use on commercially or publicly zoned parcels shall comply with the following standards:

1.

An outdoor display shall be:

a.

Appropriately located and designed in a manner and color to be compatible with the adjacent structures;

b.

Approved with a defined fixed location that does not disrupt the normal function of the site or its circulation, and does not encroach upon driveways, landscaped areas, parking spaces, or any public rightof-way except in the DMU zone with encroachment permit approval. No display shall obstruct traffic safety sight areas or otherwise create hazards for vehicle or pedestrian traffic;

c.

Directly related to a business occupying a permanent structure on the site;

d.

Limited to on-site locations; provided that a display within the DMU zone may extend into or enter over any public sidewalk by a maximum of two feet, where authorized by an encroachment permit;

e.

Managed so that display structures and goods are maintained at all times in a clean and neat condition, and in good repair;

f.

Placed so that the clear space for the passage of pedestrians is not reduced to less than six feet. Any placement on a public sidewalk or otherwise within a public right-of-way shall be prohibited, except within the downtown where such placement shall require encroachment permit approval;

g.

Placed to not block structure entrances and on-site driveways; and

h.

Portable and removed from public view at the close of each business day.

2.

Outdoor displays shall not be:

a.

Placed so as to impede or interfere with the reasonable use of the store front windows for display purposes; and

b.

Placed in front of a business that does not normally sell the items on display.

3.

Signs. The outdoor display shall not involve signs other than those normally allowed for the subject use by Chapter 17.34 (Signs).

B.

Newsstands and Flower Stands.

1.

Location Requirements. News and flower stands shall:

a.

Be located parallel and adjacent to the wall of a structure, and shall not extend over any public sidewalk except within the DMU zoning district. Freestanding news and flower stands are allowed only as roofed kiosks;

b.

Not be located:

i.

Within three feet of a display window of any structure abutting the sidewalk, or so as to interfere with or restrict the reasonable use of the window for display purposes;

iii.

Within one thousand feet of another news or flower stand, or florist, provided that this requirement may be reduced by the director if the proposed use is determined not to be detrimental to public safety and welfare.

Design and Construction Requirements.

a.

Stands shall be soundly constructed of wood, metal, or other suitable permanent material, and designed in a manner and color to be compatible with the adjacent structures whether opened or closed. Security doors shall be designed as an integral part of the structure.

b.

Shelving shall not exceed eight feet in height nor two feet in depth.

3.

Maintenance. The news or flower stand shall be maintained in a clean and neat condition and in good repair, at all times.

4.

Signs.

a.

Stands shall not be used for advertising or publicity purposes. Signs shall be for identification only, with size and design in compliance with Chapter 17.34 (Signs).

b.

The owners or operators of the outdoor news or flower stand shall display, in a place readily visible to the public, a telephone number and address where the owners may be reached.

5.

Parking. In approving an outdoor news or flower stand, the director shall determine that some on-site parking or adequate on-street or other public parking is available in a commercial zoning district within a reasonable distance of the stand.

6.

Additional Product Sales. In addition to the sale of newspapers, magazines, and other periodicals, for newsstands, and flowers and plants, for flower stands, the owners or operators may sell other related accessory products, not to exceed ten percent of the total merchandise displayed.

7.

Encroachment Permit. If a news or flower stand is proposed within a public right-of-way, the owners or operators shall apply for an encroachment permit from the public works department before applying for approval of the stand by the department.

8.

Hours of Operation. Hours of operation of news and flower stands shall be determined by the director and shall be posted on-site.

(Ord. No. 1869, § 2, 2-20-2013)

This section provides standards for the establishment of outdoor storage areas, in compliance with Article 2 (Land Use and Development Standards).

A.

Location. Storage areas shall be limited to areas not designated for parking, setbacks, or landscaping.

B.

Enclosure Required. An outdoor area used for storage shall be completely enclosed by a solid masonry wall and solid gate. The director may allow the substitution of a fence or hedge, after determining that the substitution will adequately comply with the provisions of this section. The required fence or wall shall:

1.

Be not less than six feet;

2.

Incorporate design elements to limit easy climbing and access by unauthorized persons;

3.

Walls abutting a right-of-way shall comply with Section 17.14.100 (Walls, Fences, and Hedges); and

4.

Be subject to approval by the director.

C.

Operations. All raw materials, equipment, or finished products stored or displayed shall:

1.

Be stored in a manner that they cannot be blown by wind from the enclosed storage area;

2.

Except in the M zoning district, not be stored above the height of the enclosing wall or fence within ten feet of the wall or fence (fence height shall comply with Section 17.14.100);

Not be placed or allowed to remain outside the enclosed storage area; and

4.

Be stored on a surface paved with asphalt or concrete.

D.

Maintenance. All portions of outside storage and display areas shall have provisions for adequate drainage, and shall be continuously maintained.

(Ord. No. 1869, § 2, 2-20-2013)

The location, development and operation of a recreational vehicle (RV) park shall comply with the following requirements:

A.

Minimum Site Area. The site for an RV park shall be a minimum of one acre, when not part of a mobile home park.

B.

Maximum Density. The number of RV spaces in a park shall not exceed fifteen units per acre of site area.

C.

Parking Space Area and Width. Each RV space shall be at least one thousand eight hundred square feet in area, and a minimum width of thirty feet.

D.

Setbacks. Each recreational vehicle space shall be located a minimum of five feet from any side property line and ten feet from any rear property line.

E.

Screening. A minimum twenty-five-foot wide landscaped buffer area shall be provided along all public streets adjoining the park. A minimum ten-foot wide landscaped buffer area shall be provided along all interior property lines. No RV space shall encroach into the landscaped buffer areas.

F.

Parking. One parking spur shall be provided for each RV space. The maximum grade for the last twentyfive feet of any spur shall be two percent. At least seventy percent of all spurs shall be designed to accommodate both a motor vehicle (e.g., auto, truck, etc.) and a trailer. Parking spurs shall not be located closer together than forty feet on center.

G.

Roadways. Each RV space shall abut and have direct access to a roadway of at least twenty-four feet in width, which shall be surfaced with asphaltic concrete, or an appropriate alternative approved by the review authority.

H.

Signs.

1.

Sign Program. An overall sign program shall be prepared for each RV park, including any proposed freestanding signs and signs on structures. The plan may also provide for internal signs (those not visible from off-site roadways or adjoining property) that are strictly directional in nature.

2.

Allowable Signs and Sign Area. An RV park shall be allowed up to eighty square feet of sign area visible from external roadways and adjoining property, consisting of up to two free-standing signs and one wall sign.

a.

A single sign shall not exceed forty square feet in total area.

b.

The maximum height of a free-standing sign shall be twenty-five feet.

I.

Accessory Commercial Uses. An RV park may provide commercial uses for the convenience of campers as approved by the review authority, provided that the uses shall not occupy more than five hundred square feet for each fifty spaces.

J.

Manager's Quarters. Living quarters may be provided for the use of a caretaker or manager. The living quarters may be either a mobile home or permanent dwelling unit.

(Ord. No. 1869, § 2, 2-20-2013)

This section provides locational and operational standards for the establishment of various types and sizes of commercial recycling facilities, in compliance with Article 2 (Land Use and Development Standards). Recycling facilities shall comply with the following standards:

A.

Reverse Vending Machines. Reverse vending machines shall comply with the following standards:

1.

Accessory Use Only. The machines shall be installed as an accessory use in compliance with the applicable provisions of this development code, and shall not require additional parking.

2.

Location Requirements. If located outside of a structure, the machines shall not occupy required parking spaces, and shall be constructed of durable waterproof and rustproof materials.

3.

Maximum Size. When located outdoors, the area occupied by the machines shall not exceed fifty square feet, including any protective enclosure, nor eight feet in height.

4.

Signs. Signs shall not exceed a maximum area of four square feet for each machine, exclusive of operating instructions.

5.

Hours of Operation. The machines shall have operating hours which are consistent with the operating hours of the primary use.

6.

Lighting. The machines shall be illuminated when needed to ensure comfortable and safe operation.

B.

Small Collection Facilities. Small collection facilities shall comply with the following standards:

1.

Location Requirements. Small collection facilities shall:

a.

Not be located within fifty feet of any parcel zoned or occupied for residential use; and

b.

Be set back at least ten feet from any public right-of-way, and not obstruct vehicular or pedestrian circulation.

2.

Maximum Size. A small collection facility shall not occupy more than three hundred fifty square feet nor three parking spaces, not including space that would be periodically needed for the removal of materials or exchange of containers.

3.

Appearance of Facility. Collection containers and site fencing shall be of a color and design that is compatible and harmonious with the surrounding uses and neighborhoods.

4.

Operating Standards. Small collection facilities shall:

a.

Not use power-driven processing equipment, except for reverse vending machines;

b.

Accept only glass, metal or plastic containers, paper, and reusable items; and

c.

Use containers that are constructed with durable waterproof and rustproof material(s), secured from unauthorized removal of material, and shall be of a capacity sufficient to accommodate materials collected and the collection schedule.

5.

Signs. Signs may be provided as follows:

a.

Identification signs are allowed with a maximum area of fifteen percent for each side of the structure or twelve square feet, whichever is greater. In the case of a wheeled facility, the side shall be measured from the ground to the top of the container;

b.

Signs shall be both compatible and harmonious with the character of their location; and

c.

Directional signs, consistent with Chapter 17.34 (Signs) and without advertising message, may be approved by the director if found necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way.

6.

Parking Requirements.

a.

No additional parking space shall be required for customers of a small collection facility located in the established parking lot of the main use. One space shall be provided for the attendant, if needed.

b.

Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present; and

c.

Use of parking spaces by the patrons and the attendant shall not reduce available parking spaces below the minimum number required for the main use unless a parking study shows that existing capacity is not fully utilized during the time the recycling facility would be on the site.

C.

Large Collection Facilities. A collection facility that is larger than three hundred fifty square feet, or on a separate parcel not accessory to a primary use, shall comply with the following standards:

1.

Location Requirements. The facility shall not abut a parcel zoned for residential use.

2.

Container Location. Any containers provided for "after hours" donation of recyclable materials shall be permanently located at least one hundred feet from any residential zoning district, constructed of sturdy, rustproof material(s), have sufficient capacity to accommodate materials collected, and be secured from unauthorized entry or removal of materials; and

3.

Screening. The facility shall be screened from public rights-of-way, by solid masonry walls or located within an enclosed structure.

4.

Setbacks, Landscaping. Structure setbacks and landscaping shall be provided as required for the applicable zoning district.

5.

Outdoor Storage. Exterior storage of material shall be in sturdy containers that are secured and maintained in good condition. Storage, excluding truck trailers, shall not be visible above the height of the required solid masonry walls.

6.

Operating Standards.

a.

The site shall be maintained clean, sanitary, and free of litter and any other undesirable materials, and shall be cleaned of loose debris on a daily basis;

b.

Dust, fumes, odor, smoke, or vibration, above ambient levels, shall not be detectable on adjoining parcels.

D.

Processing Facilities. Processing facilities shall comply with the following standards:

1.

Location Requirements. The facility shall not abut a parcel zoned or occupied for residential use.

2.

Limitation on Use. Light processing facilities are limited to baling, briquetting, compacting, crushing, grinding, shredding, and sorting of source-separated recyclable materials and repairing of reusable materials.

3.

Maximum Size.

a.

A light processing facility shall not exceed forty-five thousand square feet of floor or ground area, may have up to an average of two outbound truck shipments of material each day, and shall not bale, compact, or shred ferrous metals, other than beverage and food containers;

b.

A heavy processing facility exceeds the standards for a light processing facility, and may perform functions not allowed at light processing facilities.

4.

Container Location. Containers provided for "after hours" donation of recyclable materials shall be permanently located at least one hundred feet from any residential zoning district, constructed of sturdy, rustproof materials, have sufficient capacity to accommodate materials collected, and be secured from unauthorized entry or removal of the materials.

5.

Screening. The facility shall be screened from public rights-of-way, by solid masonry walls or located within an enclosed structure.

6.

Outdoor Storage. Exterior storage of material shall be in sturdy containers or enclosures that are secured and maintained in good condition. Storage, excluding truck trailers, shall not be visible above the height of the required solid masonry walls.

7.

Operating Standards. Dust, fumes, odor, smoke, or vibration, above ambient levels, shall not be detectable on adjoining parcels.

(Ord. No. 1869, § 2, 2-20-2013)

Where allowed in the applicable zoning district by Article 2 (Land Use and Development Standards), residential accessory uses and structures shall comply with the following criteria and standards:

A.

Relationship of Accessory Use or Structure to the Main use. Accessory uses and structures shall be incidental to and not alter the main use or character of the site.

B.

Timing of Installation. An accessory structure shall be constructed concurrent with or subsequent to the construction of a main structure on the property unless a use permit is first obtained in compliance with Section 17.40.040 (Use Permits).

C.

Location. The location of all accessory structures shall comply with all applicable California Building Code standards, and the following requirements:

1.

A structure greater than thirty inches in height above finished grade and attached to a main structure shall comply with the requirements for the main structure. A detached structure (deck or patio) greater than thirty inches in height shall not be constructed in a required setback unless director approval is first obtained;

2.

An accessory structure greater than one hundred twenty square feet shall not be closer than three feet to any other accessory structure on the same property, and shall comply with all other requirements of the applicable zoning district. An accessory structure shall not be located within a required front yard setback and shall maintain side and rear setbacks of at least five feet;

3.

An accessory structure that is one hundred twenty square feet or less shall not be located closer than three feet to a rear or side property line;

4.

An accessory structure shall not be located in a required front yard, except that decorative garden structures (e.g., small trellis or archway) shall be allowed.

D.

Maximum Number of Accessory Structures. A maximum of two accessory structures shall be allowed on any residentially zoned or residentially used property unless site plan and architectural approval is first obtained.

E.

Height Limitations.

1.

The height of an accessory structure that is one hundred twenty square feet or less shall not exceed eight feet unless site plan and architectural approval is first obtained in compliance with Section 17.40.020 (Site Plan and Architectural Approval). The height of an accessory structure with a floor area greater than one hundred twenty square feet shall comply with the height limits of the applicable zoning district;

2.

An accessory structure that is primarily a narrow, vertical element (e.g., flag pole, ham radio antenna, etc.) may be allowed to exceed the six foot height limit within the front or rear yard setback.

F.

Coverage and Size Limitations. Accessory structures may occupy up to a maximum of twenty-five percent of a required side yard and up to a maximum of thirty percent of a required rear yard; provided that the aggregate site coverage for all structures on a parcel shall not exceed the maximum allowed in the applicable specific zoning district by Section 17.18.040 (Residential Zoning District General Development Standards).

G.

Prohibited Uses and Activities.

1.

Outdoor Vehicle Repair. No vehicle repair activities shall be conducted outdoors within a residential zone.

2.

Electrical Service. A parcel developed with a single-family dwelling shall have only one electrical service panel. Separate electrical service shall not be provided any accessory structure or guest house.

(Ord. No. 1869, § 2, 2-20-2013)

A.

Purpose and Intent. This section establishes regulations and a ministerial review process for accessory dwelling units. Accessory dwelling units are intended to expand housing opportunities for low income and

moderate income or elderly households by increasing the number of rental units available within existing neighborhoods while maintaining the architectural character of the area.

B.

Applicability. This section applies to all accessory dwelling units, including junior accessory dwelling units, as defined in subsection F below.

C.

Where Permitted. Accessory dwelling units are permitted by right in any zoning district which permits single-family or multi-family homes.

D.

General Plan and Zones Allowed.

1.

In accordance with Government Code section 65852.2, as may be amended from time to time, any ADU or JADU that conforms with the requirements of this section shall be deemed to be consistent with the general plan designation and zoning for the parcel, regardless of any limitations on residential density imposed by the general plan or zoning. An ADU or JADU shall not be counted when determining residential density for conformance with the general plan or this Code.

2.

ADUs and JADUs shall be allowed in all areas zoned to allow single-family and multi-family residential uses in compliance with the development standards set forth in this section.

E.

Permits and Approval.

1.

Ministerial Action. Approval or denial of an accessory dwelling unit or junior accessory dwelling unit is a ministerial action and subject to compliance with the standards in this section.

2.

Building Permit. All accessory dwelling unit or junior accessory dwelling units shall require a building permit, subject to all the standard application and processing fees and procedures that apply to building permits generally. No other separate planning-related permit is required.

3.

Issuance of Permit. The city shall issue a building permit for an accessory dwelling unit within sixty calendar days from the date on which the city received a completed submittal package application for a location that includes an existing primary dwelling, unless either:

a.

The applicant requests a delay, in which case the sixty-day time period is put on hold for the period of the requested delay; or

b.

The application to create an accessory dwelling unit or junior accessory dwelling unit is submitted with an application to create a new single-unit dwelling on the parcel. The city may delay acting on the permit application for the accessory dwelling unit or junior accessory dwelling unit until the city acts on the permit application to create the new single-unit dwelling.

F.

Definitions. The following words and phrases shall, for the purposes of this chapter, have the meanings respectively ascribed to them by this section, as follows:

1.

"Accessory Dwelling Unit or ADU." An attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary dwelling. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation and shall be constructed on the same parcel as the single-family or multifamily dwelling unit that is the primary dwelling unit or will be situated. An accessory dwelling unit also includes the following: (a) an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code, as may be amended from time to time, and (b) a manufactured home, as defined in Section 18007 of the Health and Safety Code, as may be amended from time to time. This definition shall be interpreted as consistent with and including the definition of accessory dwelling unit found in Government Code Section 65852.2, as may be amended from time to time.

2.

"Efficiency Kitchen." A cooking facility that includes all of the following:

a.

A portable appliance for cooking.

b.

A food preparation counter.

c.

Food storage cabinets that are of reasonable size in relation to the size of the JADU.

3.

"Efficiency Unit." As defined in Section 17958.1 of the Health and Safety Code, as may be amended from time to time.

4.

"Junior Accessory Dwelling Unit" or "JADU." A junior accessory dwelling unit means a unit that is contained entirely within a single-unit primary dwelling. This definition shall be interpreted as consistent with and including the definition of junior accessory dwelling unit found in Government Code Section 65852.22, as may be amended from time to time.

5.

"Living Area." The interior habitable area of a dwelling unit, including basements and attics, but does not include a detached garage or any accessory structure. This definition shall be interpreted as consistent with and including the definition of living area found in Government Code Section 65852.2, as may be amended from time to time.

6.

"Passageway." A pathway that is unobstructed clear to the sky and extends from a street or alley to one entrance of the accessory dwelling unit. This definition shall be interpreted as consistent with and including the definition of passageway found in Government Code Section 65852.2, as may be amended from time to time.

7.

"Primary Dwelling." An existing or proposed residential structure on a lot with an accessory dwelling unit.

8.

"Public Transit." A location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

9.

"Single-unit and multi-unit." Single-unit means the same as a single-family dwelling and multi-unit means multi-family dwellings with two or more units.

10.

"Tandem Parking." Two or more automobiles parked on a driveway or in any other location on a parcel, lined up behind one another.

G.

Types of Accessory Dwelling Units. The following are the two types of accessory dwelling units:

1.

Accessory dwelling unit, both attached and detached, shall meet all of the characteristics as described below for each subtype:

a.

Attached ADU.

i.

Attached to an existing or proposed primary dwelling, such as through a shared wall, floor, or ceiling, including attached garages, storage areas or similar uses, or within an accessory structure.

ii.

Created by converting a portion of an existing primary dwelling, by constructing a new primary dwelling with an integral accessory dwelling unit, or by constructing an addition to an existing primary dwelling.

b.

Detached ADU.

i.

Physically detached or separated from the primary dwelling.

ii.

May include a second-story addition above an existing detached structure.

iii.

Can be new construction or the conversion or expansion of an existing structure.

c.

Junior Accessory Dwelling Unit. An attached accessory dwelling unit that is a unit that meets the specified criteria below.

i.

Maximum of five hundred square feet in size.

ii.

Contained entirely within a single-unit primary dwelling.

iii.

Has a separate entrance from the main entrance to the primary dwelling.

iv.

Has a bathroom that is either in the junior ADU or in the primary dwelling.

v.

Includes an efficiency kitchen.

vi.

May include separate sanitation facilities or may share sanitation facilities with the primary dwelling.

H.

Number of Accessory Dwelling Units or Junior Accessory Dwelling Units Per Lot or Parcel in Zones Which Allow Single Family Homes. The following number of accessory dwelling units shall apply in all zoning districts that allow single family homes as a permitted use:

1.

One attached or detached accessory dwelling unit shall be allowed on a parcel with a primary dwelling unit.

2.

One junior accessory dwelling unit shall be allowed on a parcel with primary dwelling.

3.

Up to one attached or detached accessory dwelling unit and one junior accessory dwelling unit shall be allowed on a single parcel.

I.

Type and Number of Accessory Dwelling Units Per Lot with an Existing Multi-Family Home. The following apply to accessory dwelling units in all zoning districts that allow multi-family homes as a permitted use:

1.

Attached accessory dwelling units.

a.

At least one ADU shall be allowed within an existing multi-family dwelling, and a total of up to twenty-five percent of the number of units within an existing multi-family dwelling shall be allowed.

b.

Attached accessory dwelling units in a multi-family development may be created only through the conversion of parts of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages.

2.

Detached Accessory Dwelling Units. Up to two detached accessory dwelling units shall be allowed on a parcel with existing multi-family structures, subject to compliance with the development standards for detached accessory dwelling units in this section.

J.

Development Standards for Accessory Dwelling Units. The following standards apply to all types of accessory dwelling units.

1.

Attached Accessory Dwelling Units.

a.

Location. Attached accessory dwelling units shall be located on the same lot or parcel as an existing or proposed primary dwelling unit and be attached to the primary dwelling unit by at least one wall or by a ceiling (above or below the primary dwelling unit) on a lot that is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling.

b.

Size. The total floor area of an attached accessory dwelling unit shall not exceed right hundred fifty square feet for a one-bedroom unit or one thousand square feet for an accessory dwelling unit that provides more than one bedroom. The total floor area of an attached accessory dwelling unit shall not exceed fifty percent of the primary dwelling square footage. These limits do not include up to one hundred fifty square feet of area added to the primary dwelling for the sole purpose of providing ingress and egress to the accessory dwelling unit.

c.

Setbacks.

i.

Front yard setback will follow the zoning district standard for the primary dwelling.

ii.

Side yard setback will be a minimum of four feet.

iii.

Rear yard setback will be a minimum of four feet.

iv.

No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit.

d.

Height. All attached ADUs shall comply with the zoning district standard for the height of the primary dwelling.

e.

Access. An attached accessory dwelling unit shall have direct exterior access separate from the main entrance to the primary dwelling.

f.

Design. Accessory dwelling units shall incorporate the architectural style, materials, and colors of the primary dwelling unit. Variation in style, materials and colors may be approved where staff determines the accessory dwelling unit design is compatible with and complimentary to the primary dwelling unit.

g.

Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit.

h.

Fire Sprinklers. An attached accessory dwelling unit shall not be required to provide fire sprinklers if they are not required for the primary dwelling.

i.

Landscape. Landscaped areas within setbacks shall meet the requirements of this Code.

j.

Deed restriction. Before permit issuance, the city shall be provided with a copy of the recorded deed restriction for a junior accessory dwelling unit, which shall run with the land, using the city's form pursuant to Government Code Section 65852.2, as may be amended from time to time.

k.

Allowed ADU. No provisions within this section, including lot coverage or legal nonconformity, shall preclude an attached minimum eight hundred square foot accessory dwelling unit that is at least sixteen feet in height with four-foot side yard and rear yard setbacks, and that is constructed in compliance with all other development standards.

2.

Detached Accessory Dwelling Unit Development Standards.

a.

Location. Detached accessory dwelling unit shall be located on the same lot or parcel as an existing or proposed primary dwelling on a lot that is zoned to allow single-family or multifamily dwelling residential use.

b.

Size. A detached accessory dwelling unit shall not exceed eight hundred fifty square feet for a onebedroom unit or one thousand square feet for an accessory dwelling unit that provides more than one bedroom.

c.

Setbacks.

i.

Front yard setback shall comply with the zoning district standard for the primary dwelling. A detached ADU shall not be located between the primary dwelling unit and the front lot line.

ii.

Side yard shall be a minimum of four feet.

iii.

Rear yard shall be a minimum of four feet.

d.

Height. The maximum height of an accessory dwelling unit shall be sixteen feet for new structures built specifically as an accessory dwelling unit. Existing structures taller than sixteen feet can be converted to an accessory dwelling unit where the accessory dwelling unit is consistent with all other requirements of this section.

e.

Design. Accessory dwelling units shall incorporate the architectural style, materials, and colors of the primary dwelling unit. Variation in style, materials and colors may be approved where staff determines the accessory dwelling unit design is compatible with and complimentary to the primary dwelling unit.

f.

Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit.

g.

Fire Sprinklers. A detached accessory dwelling unit shall not be required to provide fire sprinklers if they are not required for the primary dwelling.

h.

Landscape. All setback areas shall be landscaped as required by this Code.

i.

Deed Restriction. Before permit issuance, the city shall be provided with a copy of the recorded deed restriction, which shall run with the land, using the city's form pursuant to Government Code Section 65852.2, as may be amended from time to time.

j.

Building Separation. An accessory dwelling unit shall comply with the building separation requirements of the underlying zone, but in no case shall said requirement prohibit an accessory dwelling unit that is a minimum of eight hundred square feet, maximum of sixteen feet in height with four-foot side and rear yard setbacks.

k.

Authorized ADU. No provisions within this section, including lot coverage or legal nonconformity, shall preclude a detached minimum eight hundred square foot accessory dwelling unit that is at least sixteen feet in height with four-foot side yard and rear yard setbacks, and that is constructed in compliance with all other development standards.

3.

Junior Accessory Dwelling Unit Development Standards.

a.

Location. Shall be within the walls of the primary single-family residence, including an attached garage, of the primary dwelling unit by at least one wall or by a ceiling. The junior accessory dwelling unit may be located above or below the primary dwelling unit.

b.

Size. The JADU shall be not exceed a maximum of five hundred square feet of living area.

c.

Setbacks. If the primary dwelling unit is expanded for the sole purpose of providing ingress and egress to the junior accessory dwelling unit, the addition shall maintain setbacks of four feet from side and rear yards or the same setback as the existing structure, whichever is less. The front setback shall comply with the zoning district for the primary structure.

d.

Access. A junior accessory dwelling unit shall have a separate entrance separate from the main entrance to the primary dwelling.

e.

Kitchen. Each junior accessory dwelling unit shall include at least an efficiency kitchen.

f.

Utilities.

i.

A junior accessory dwelling unit shall not be considered a separate or new dwelling unit for the purposes of calculating connection fees or capacity charges for utilities, including water, sewer, or power service, or impact fees.

ii.

No new or separate utility connection between the junior accessory dwelling unit and the utility shall be required, although the property owner may voluntarily install a submeter for the junior accessory dwelling unit.

iii.

Any utility charges or fees shall be consistent with state law.

g.

Parking. No additional off-street parking is required for a junior accessory dwelling unit.

h.

Owner Occupancy Requirements and Deed Restriction.

i.

A person with legal or equitable title to the primary dwelling shall reside on the property in either the primary dwelling or junior accessory dwelling unit as that person's legal domicile and permanent residence.

ii.

The owner occupancy requirement does not apply if the property is entirely owned by a governmental agency, land trust, or non-profit housing organization.

iii.

Prior to issuance of a building permit for a junior accessory dwelling unit, a deed restriction shall be recorded in the chain of title of the primary single-unit property. The form of the deed restriction shall be reviewed by the city attorney pursuant to Government Code Section 65852.2, as may be amended from time to time.

iv.

The deed restriction shall run with the land and shall be enforced against future property owners.

K.

Impact Fees.

Impact Fee Requirements.

a.

No impact fees shall be charged for a junior accessory dwelling unit. A junior accessory dwelling unit shall not be considered a separate or new dwelling unit for the purposes of calculating impact fees, connection fees, or capacity charges for utilities.

b.

No city-imposed impact fees shall be charged for an accessory dwelling unit that is less than seven hundred fifty square feet in size.

c.

For accessory dwelling units seven hundred fifty square feet or larger, city-imposed impact fees shall be charged proportionately in relation to the square footage of the primary dwelling.

d.

An ADU may be subject to connection fees or capacity charges levied by a local agency, special district, or water corporation.

L.

Required Parking for Accessory Dwelling Units.

1.

Number of Parking Spaces. Parking for accessory dwelling units shall be provided per the following:

a.

One off-street parking space, covered or uncovered, is required for each attached or detached accessory dwelling unit. These spaces may be provided as tandem parking on a driveway.

b.

Notwithstanding any other section, no off-street parking is required for an attached or detached accessory dwelling unit if one or more of the following applies:

i.

The accessory dwelling unit is located within one-half mile walking distance of public transit.

ii.

The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.

iii.

The accessory dwelling unit is located within an architecturally and historically significant historic district.

iv.

When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.

v.

When there is a car share vehicle within one block of the accessory dwelling unit.

c.

Off-street parking shall be provided outside setback areas, unless no feasible location is available outside of setback areas, in which case parking is allowed in setback areas.

d.

Tandem parking is allowed as off-street parking for accessory dwelling units.

2.

When a garage, carport, or covered parking structure is demolished to allow for the construction of an accessory dwelling unit or for the conversion of a structure to an accessory dwelling unit or junior accessory dwelling unit, it shall not be required to be replaced.

3.

Guest parking spaces shall not be required for accessory dwelling units or junior accessory dwelling units under any circumstances.

(Ord. No. 1987, § 2, 11-17-2021)

Editor's note— Ord. No. 1987, § 2, adopted Nov. 17, 2021, repealed the former § 17.36.130, and enacted a new § 17.36.130 as set out herein. The former § 17.36.130 pertained to second dwelling units and derived from Ord. No. 1869, § 2, adopted Feb. 20, 2013.

A.

Purpose. The purpose of these regulations is to provide for the establishment of wireless communication facilities to protect the public health, safety, the general welfare and quality of life. These regulations are intended to supersede applicable provisions of the Lodi Municipal Code pertaining to wireless communication facilities and to establish flexible requirements for their governance which recognize the unique land use distribution and aesthetic characteristics of the city of Lodi.

B.

Definitions.

"Antenna" means a device used in communications which transmits or receives radio signals.

2.

"Building-mounted" means mounted to the side of a building to the facade of a building, or to the side of another structure such as a water tank, church steeple, freestanding sign, or similar structure, but not to include the roof or any structure.

3.

"California Public Utilities Commission (CPUC)" means the government agency which regulates the terms and condition of public utilities in the state of California.

4.

"Cell site" means a geographical area with a radius of two to eight miles that contains both transmitting and receiving antennas.

5.

"Cellular" means an analog or digital wireless communication technology that is based on a system of interconnected neighboring cell sites, each of which contains antennas.

6.

"Certificate of public convenience and necessity" means a certificate issued by the California Public Utilities Commission.

7.

"Co-location" means the locating of wireless communications equipment from more than one provider on a single building-mounted, roof-mounted or ground-mounted wireless communication facility.

8.

"Ground-mounted" means mounted to a pole, monopole, lattice tower or other freestanding structure specifically constructed for the purpose of supporting an antenna.

9.

"Monopole" means a structure composed of a single spire used to support antennas or related equipment.

"Mounted" means attached or supported.

11.

"Personal communication services" means digital low-power, high-frequency wireless radio communication technology that has the capacity for multiple communications services and will provide a system in which calls will be routed to individuals, regardless of location.

12.

"Public wireless communication facility" means a wireless communication facility that has been granted a certificate of public convenience and necessity or a wireless registration number by the CPUC.

13.

"Roof-mounted" means mounted above the eave line of a building.

14.

"Stealth facility" means any communication facility which is designed to blend into the surrounding environment, typically one that is architecturally integrated into a building or other concealing structure, and shall include and mean any concealed antenna.

15.

"Wireless communication facility" means a structure that supports commercial antennas, microwave dishes and/or other related equipment that sends and/or receives radio frequency signals.

C.

Applicability. All wireless communication facilities shall be required to comply with the regulations and guidelines contained herein.

D.

Development Regulation and Criteria.

1.

General Policy. As part of the application process, applicants for wireless communication facilities shall provide written documentation demonstrating a good faith effort to locate facilities in accordance with the following guidelines:

a.

Where possible, the applicant shall use stealth facilities or antennas that are architecturally integrated with a building or structure so as not to be recognized as an antenna.

b.

Faculties should be located where existing vegetation, buildings, or other structures provide the greatest amount of screening.

c.

Ground-mounted wireless facilities should be located in close proximity to existing above-ground utilities, such as electrical substations, utility poles, light poles, water tanks, or trees of comparable height.

d.

Wireless communication facilities shall be located in the following order of preference:

i.

Co-located with other wireless communication providers on existing poles.

ii.

Located on an existing structure such as a building or tower.

iii.

Located in an industrially zoned district.

2.

Locational Criteria.

a.

Wireless communication facilities shall be allowed within the M zone subject to the review and approval of a minor use permit.

b.

Wireless communication facilities shall be allowed within the CC and GC zones subject to the review and approval of a use permit.

c.

In no case may a wireless communication facility be established within two hundred feet of any property used for residential purpose or two hundred feet from any residentially zoned property.

3.

Development and Design Standards.

a.

Height. All zoning requirements relative to height shall apply to a wireless communication facility. However, a ten-foot height bonus may be permitted to provide for co-locations.

b.

Facilities shall be located to minimize views from the public right-of-way by siting them behind tall buildings or placing them near existing tall trees.

c.

Wireless communication facilities shall not bear any signs or advertising devices other than certification, warning or other required seals or legally required signs.

d.

All accessory equipment associated with the operation of a facility shall be located within a building enclosure or underground vault subject to city approval. If the equipment is to be located above ground, it shall be visually compatible with surrounding buildings and include sufficient landscaping to screen the structure from public view.

e.

Wireless communication facilities shall have subdued colors and use non-reflective materials which blend with surrounding materials and colors.

f.

Poles shall be designed to prevent unauthorized climbing.

(Ord. No. 1869, § 2, 2-20-2013)

17.36.150 - Small Cell Wireless Telecommunication Facilities in the Public Right-of-Way.

A.

Purpose and Intent. The purpose of this section is to establish policies and procedures for the placement of small wireless telecommunication facilities in the public right-of-way within the city's jurisdiction. The placement of wireless telecommunication facilities outside of the public right-of-way is regulated elsewhere in this code.

This section is also intended to manage the approval process for small wireless telecommunication facilities in the public right-of-way so as to promote the expansion of wireless service and coverage within the city to serve residents and businesses.

This section is intended to impose reasonable time, place and manner regulations upon the installation of wireless telecommunication facilities within the public right-of-way pursuant to Public Utilities Code section 7901.1, to prevent interference with the use of the public right-of-way for travel or other lawful uses of the public right-of-way, prevent visual and physical obstructions that create safety hazards, minimize damage to the city's pavement, and protect the aesthetics and character of the locations where wireless telecommunications facilities are installed.

B.

Definitions. The following words and phrases shall, for the purposes of this section, have the following meanings:

"Antenna" means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services.

2.

"Collocate" means to install, mount, maintain, modify, operate, or replace wireless telecommunications facilities on an existing pole. "Collocation" has a corresponding meaning.

3.

"Day" means calendar day.

4.

"Director" means the public works director or his or her designee, or the director of electric utility or his or her designee. The "public works director" shall be the "director" for all installations which do not include infrastructure under the control of the Lodi Electric Utility. The "director of electric utility" shall be the "director" for all installations on infrastructure under the control of the Lodi Electric Facility.

5.

"Large wireless telecommunications facility" means wireless telecommunications facility which exceeds either of the maximum sizes for a "small wireless telecommunications facility."

6.

"Master license agreement" means an agreement between the city and a wireless telecommunications provider including, among other terms, the details of approved designs for small wireless telecommunications facilities to be installed by the provider.

7.

"Parkway" means that area between the sidewalk and the curb of any street, and where there is no sidewalk, that area between the edge of the roadway and the property line adjacent thereto. Parkway shall also include any area within a roadway, which is not open to vehicular travel.

8.

"Person" means an individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including the city.

9.

"Public sidewalk" means any surface dedicated to the use of pedestrians by license, easement, operation of law or by grant to the city.

10.

"Public right-of-way" or "right-of-way" means any public street, public way, or public place, and the space on, above or below it, and all extensions thereof, and additions thereto, under the jurisdiction of the city.

11.

"Public street" means all of that area dedicated to public use for public street and sidewalk purposes and includes, but is not limited to, roadways, parkways, landscape areas, alleys and sidewalks.

12.

"Small wireless telecommunications facility" means those facilities defined by 47 C.F.R. Section 1.6002(l) as may be amended, and subject to the regulations as set forth in this Section 17.36.150.

13.

"Vertical support structure" means poles and non-decorative streetlight standards owned by the city of Lodi onto which are mounted streetlights, telecommunications cables, and electrical distribution and supply lines.

14.

"Wireless telecommunications facility" means equipment at a fixed location that enables wireless communications between user equipment and a communications network, including: (i) equipment associated with wireless communications; and (ii) radio transceivers, antennas, coaxial or fiberoptic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. The term includes small wireless telecommunications facilities. The term does not include: (i) the structure or improvements on, under, or within which the equipment is collocated; or (ii) coaxial or fiber-optic cable that is between wireless support structures or utility poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna.

15.

"Wireless telecommunications provider" means a company operating wireless telecommunication facilities.

C.

Permissible Facilities.

1.

Small Wireless Telecommunications Facilities. Small wireless telecommunications facilities that wholly or partially rest upon, in, or over the public right-of-way are allowed with a permit from the city and subject to compliance with all provisions of this section.

All other wireless telecommunications facilities are disfavored within the public right-of-way. Wireless telecommunication facilities which do not meet the criteria for "small wireless telecommunications facility" are allowed in the public right-of-way subject to the permit requirements in Chapter 12.04 of this code.

Notwithstanding the foregoing, the director may modify the application requirements as determined appropriate for a proposed right-of-way installation, including, but not limited to, requiring submission of certificate of public convenience and necessity from the California Public Utilities Commission in lieu of a lease or other agreement.

D.

Small Wireless Telecommunications Facility Application.

1.

Eligibility. A small wireless telecommunications facility may be located in the public right-of-way subject to the permit requirements in Chapter 12.04 of this code and the application requirements of this section.

2.

Permissible Locations. A small wireless telecommunications facility may be located on any existing cityowned pole or other vertical infrastructure in the right-of-way, as defined above, including, but not limited to, streetlights, provided that the city and owner of the small wireless telecommunication facility have entered into a master license agreement for the installation of the facility on the city asset, and the facility is in compliance with all of the terms and conditions of the license agreement.

3.

Application Submittal. An application shall be made to the director on such form as required by the city and shall contain all of the following information:

a.

If the proposed facility does not substantially conform to a previously-approved design for small wireless telecommunications facilities, an explanation as to why conforming to a previously-approved design is not feasible and demonstrating that the proposed facility will not create a negative aesthetic impact to the area;

b.

If the proposed facility will not be collocated on an existing pole or other vertical support structure, information demonstrating that either:

i.

No existing pole or other vertical support structure in the vicinity of the proposed location is available to the applicant, or

ii.

Utilizing an existing pole or other available vertical support structure would result in greater public safety or aesthetic impacts than the proposed new facility.

iii.

Information required by the submittal requirements of the city's small cell design and deployment standards.

Within thirty days of receiving an application, the city must determine and notify the applicant whether the application is complete, unless a shorter period of time is required by state or federal laws or regulations,

and if incomplete must specify in writing what information is missing.

4.

Application Approval. The director shall approve an application for a standard permit within sixty days of the submittal of an application containing all of the items required by paragraph C of this section if the director makes all of the following findings:

a.

The proposed facility meets the definition of a small wireless telecommunications facility;

b.

The proposed facility complies with the city's small cell design and deployment standards and the standards contained in Section 17.36.150(E), and is not reasonably likely to endanger the safety of persons or property, interfere with or impede the flow of pedestrian or vehicular traffic, or interfere with existing uses and facilities in the vicinity;

c.

If the proposed facility does not substantially conform to a previously-approved design, that the design of the proposed facility is aesthetically consistent with its surroundings and visually unobtrusive; and

d.

If the proposed facility will not be collocated on an existing pole or other vertical support structure, that no existing support structure is reasonably available to the applicant or that the proposed facility will have lesser impacts than if it were collocated on an existing support structure.

5.

Excavation Permit Required. If the installation of the proposed wireless telecommunications facility involves excavation of the public right-of-way, an excavation permit must also be obtained pursuant to this code.

E.

Standards.

1.

Lodi Electric Utility Department Standards. The Lodi Electric Utility Department may develop and administer small cell design and deployment standards for small cell facilities proposed to be installed within Lodi City limits. These standards may address subjects related to placement of small cell facilities including pole availability, location, and pole loading, general and specific requirements for placement of small wireless facilities equipment and aesthetics, radio frequency matters, standard conditions and maintenance obligations, examples of designs which have been previously approved, and submittal requirements.

Location Standards.

a.

No person shall install, use or maintain any wireless telecommunications facility which projects onto, in or over any part of the roadway of any public street or which rests, wholly or in part, upon, along or over any portion of the roadway of any public street.

b.

No person shall install, use or maintain any wireless telecommunications facility which in whole or in part rests upon, in or over any public sidewalk or parkway, when such installation, use or maintenance endangers or is reasonably likely to endanger the safety of persons or property. Nor shall any wireless telecommunications facility unreasonably interfere with or impede the flow of pedestrian or vehicular traffic including any legally parked or stopped vehicle, the ingress into or egress from any residence or place of business, the use of poles, posts, traffic signs or signals, hydrants, mailboxes, permitted sidewalk dining, permitted street furniture or other objects permitted at or near said location.

3.

Installation Standards.

a.

The wireless telecommunications facility shall be colored to blend with other streetscape or surrounding features to the extent feasible.

b.

In the event the parkway and/or roadway adjacent to the applicant's wireless telecommunications facility is disturbed or altered in the process of installation, the applicant shall restore the parkway to the condition in which it existed prior to installation.

c.

No modifications to an above-ground wireless telecommunications facility, including those related to size, color, and shape of the housing, may be made by the applicant without first having obtained approval from the Director.

d.

The applicant shall place all existing or proposed equipment cabinets or other equipment not mounted to pole below ground whenever feasible. Where equipment is ground-mounted, the equipment shall be setback at least two feet from the edge of the sidewalk and shall be screened from public view, to the extent feasible.

e.

All equipment and facilities installed shall comply with the Americans with Disabilities Act for proper clearance distances.

f.

The applicant shall obtain the director's approval of a tree protection plan prepared by a certified arborist for the installation of any wireless telecommunications facility located within the canopy of a street tree or within a minimum of a ten-foot radius of the base of such a tree. Depending on site-specific criteria (e.g. location of tree, size and type of tree, etc.), a radius greater than ten feet may be required by the director.

g.

No wireless telecommunications facility may be illuminated unless specifically required by the Federal Aviation Administration or other governmental agencies.

h.

An antenna array shall not extend over seven feet beyond the top of the pole, unless additional height is required to comply with California Public Utilities Commission General Order 95 or any subsequent orders of the CPUC, or unless authorized by a preapproved design.

i.

Panel antennas shall utilize brackets that allow no more than a four-inch extension from the pole, unless additional extension is required to comply with California Public Utilities Commission General Order 95 or any subsequent orders of the CPUC, or unless authorized by a preapproved design. Panel antennas shall not exceed the height of the pole unless such design is part of a preapproved design.

j.

If an applicant proposes to replace an existing pole in order to accommodate their telecommunications facility, the replacement pole or other material shall match the appearance of the original surroundings to the extent feasible and shall be approved by the director.

k.

No new pole may be installed in the public right-of-way that is more than ten percent taller than the average height of existing poles in the right-of-way in the vicinity of the installation, as determined by the director.

4.

Maintenance Standards.

a.

The permittee shall provide on-going maintenance of its ground mounted, at-grade or above-grade wireless telecommunications facilities, including ensuring the facilities are reasonably free of:

i.

General dirt and grease;

ii.

Chipped, faded, peeling, and cracked paint, or on all visible painted areas;

iii.

Visible rust or corrosion;

iv.

Cracks, dents, blemishes, and discoloration;

v.

Graffiti, bills, stickers, advertisements, etc.;

vi.

Broken and misshapen structural parts;

vii.

Exposed wires; and,

viii.

Any damage from any cause including, but not limited to, vandalism.

b.

Wireless telecommunications facilities shall be maintained such that they comply at all times with the noise regulations set forth in this code.

c.

All ground-mounted, at-grade, and above-ground wireless telecommunications facilities shall be properly maintained in accordance with the following procedures:

i.

All necessary repairs, including graffiti removal, shall be completed by the applicant within forty-eight hours after discovery of the need for such repairs or in receiving notification from the director.

ii.

The applicant shall provide routine maintenance within ten working days after receiving notification from the director.

iii.

The applicant shall replace ground-mounted, at-grade, and above ground wireless telecommunications facilities, in kind, if routine or emergency maintenance is not sufficient to return the equipment to the condition at the time of installation.

5.

Hold Harmless Agreement. Every permittee, and person on a shared permit, must agree to defend, indemnify, and hold harmless the city of Lodi, its city council, officers, and employees to the maximum extent permitted by law, from any loss or liability or damage, including expenses and costs, for bodily or personal injury, and for property damage sustained by any person as a result of the installation, use, or maintenance of the applicant's facilities.

6.

Insurance Required. Every permittee agrees to maintain public liability insurance, naming the city as an additional insured, in an amount that meets or exceeds the minimum levels and standards of liability insurance and claims reserve, established by the city's risk manager. This requirement may be satisfied through self-insurance or an insurance policy from an insurer admitted in California.

F.

Removal and Relocation.

1.

Emergency Removal. The city retains the right and privilege to cut or move any wireless telecommunications facility located within the public right-of-way of the city, as the city may determine to be necessary, appropriate or useful in response to any public health or safety emergency. If circumstances permit, the city shall notify the permittee and provide the permittee an opportunity to move its own facilities prior to cutting or removing facility, and shall notify the permittee after cutting or removing a small wireless telecommunications facility.

2.

Removal of Facility for Public Improvement. Within ninety days following written notice from the City, a permittee shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any wireless telecommunications facility within the public right-ofway whenever the city has determined that such removal, relocation, change or alteration, is reasonably necessary for the construction, repair, maintenance, or installation of any city improvement in or upon, or the operations of the city in or upon, the public right-of-way.

3.

Abandonment of Facilities. The permittee shall notify the city within ninety days of the abandonment of a wireless telecommunications facility within the public right-of-way. Following receipt of such notice the city may direct the permittee to remove all or any portion of the facility if the city, or any of its departments, determines that such removal will be in the best interest of the public health, safety and welfare.

4.

Damage and Repair. The city may require a permittee to repair all damage to the public right-of-way caused by the activities of the permittee and return the public right-of-way to its functional equivalence before the

damage. If the permittee fails to make the repairs within ninety days after written notice, the city may affect those repairs and charge the permittee the reasonable, documented cost of such repairs.

G.

Modifications.

1.

Any proposed modification to an existing wireless telecommunication facility in the public right-of-way shall be reviewed and approved subject to the standard permit procedure of this section, unless the applicant claims that the requested modification is subject to the requirements of Section 6409(a) of the Spectrum Act (codified at 47 U.S.C. 1455(a)) and the regulations implementing Section 6409(a) (47 CFR 1.40001), which require the city to approve "any eligible facilities request for modification of an eligible support structure that does not substantially change the physical dimension of such structure."

2.

Any person seeking city approval of a modification claimed to be subject to the requirements of Section 6409(a) shall submit to the city an application for modification that is accompanied by information demonstrating that the proposed modification meets the eligibility requirements under Section 6409(a). No additional information or documentation shall be required of applicants claiming coverage under Section 6409(a). The director shall approve any requested modification that the Director determines meets the eligibility requirements of Section 6409(a) within the same timeframes provided for in the standard permit procedure in this section.

H.

Master License Agreement.

1.

Master license agreement, in a form approved by the city, is required to install, maintain, and operate wireless communication facilities on existing vertical infrastructure in the public right-of-way. Each wireless telecommunications provider shall enter into a separate master license agreement.

2.

A master license agreement shall include any information and terms deemed necessary by the city, including agreement terms, limitations, responsibilities of each party, enforcement, etc.

3.

A master license agreement may include or refer to city-approved designs for typical small cell installations in order to allow the streamlined processing of small cell applications.

4.

A master license agreement shall require approval by the city council. Amendments to an existing master license agreement may be made only by the city council unless otherwise provided in the agreement.

I.

Enforcement. This section may be enforced in any manner authorized under the law, including, but not limited to, enforcement via civil, criminal or administrative actions. Remedies under this section are in addition to and do not supersede or limit any and all other remedies, civil, criminal or administrative. The remedies provided for herein shall be cumulative and not exclusive.

(Ord. No. 1988, § 1, 12-1-2021)

17.36.160 - Two Unit Urban Residential Development.

A.

Purpose. This section is adopted in accordance with California Government Code Sections 65852.21 and 66411.7, also known as Senate Bill 9 (SB-9). The purpose of this section is to establish development standards for development pursuant to SB-9.

B.

Term of Effect. This section is applicable only while California Government Code sections 65852.21 and 66411.7 created by SB 9 remain in effect.

C.

Definitions. The following terms used in this section are as defined in Chapter 17.78 of this Code:

1.

Car share;

2.

Duplex;

Tenant; and

4.

Two unit urban residential development.

As used this section, "dwelling unit" refers to any unit which is not an accessory dwelling unit as defined in this Code.

D.

Applicable Zones and Projects. The provisions of this section apply to all lots in the RLD zoning district.

E.

Ministerial Approval and Findings. Two unit urban residential development is subject to staff review and approval only, subject to the objective criteria and standards of this chapter.

Two unit urban residential development which meets all the criteria listed in this section shall be approved unless the building official makes a written finding, based upon a preponderance off the evidence, that:

1.

The proposed development would have a specific adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon public health and safety or the physical environment and that there no feasible method to satisfactorily mitigate or avoid the impact; or

2.

The proposed development would not comply with all of the criteria for approval per this section.

F.

Criteria for Approval. A proposed two unit urban residential Development shall be approved if it meets all the following criteria:

1.

The two unit urban residential development would not require the demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income; or that is subject to any form of rent or price control;

2.

The two unit urban residential development would not require the demolition or alteration of housing that has been occupied by a tenant in the last three years;

3.

If any existing dwelling unit(s) is proposed to be demolished, would comply with the replacement housing provisions of Government Code Section 66300(d);

4.

The parcel proposed for two unit urban residential development is located in the RLD (low density residential) zone;

5.

The parcel proposed for two unit urban residential development is not located within a historic district, is not included on the State Historic Resources Inventory, and is not within a site that is designated or listed as a city landmark or historic property or district pursuant to a city ordinance;

6.

The parcel proposed for two unit urban residential development is not a parcel on which an owner of residential real property exercised rights under California Government Code section 7060 et seq. to withdraw accommodations from rent or lease within fifteen years before the date the application is submitted;

7.

The parcel proposed for two unit urban residential development is not located on prime farmland or farmland of statewide importance as further defined in Government Code section 65913.4(a)(6)(B);

8.

The parcel proposed for two unit urban residential development is not located on wetlands as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993);

9.

The parcel proposed for two unit urban residential development is not located on a hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the department of toxic pursuant to Section 25356 of the Health and Safety Code, unless the state department of public health, state water resources control board, or department of toxic substances control has cleared the site for residential use or residential mixed uses;

10.

The parcel proposed for two unit urban residential development is not located in a special flood hazard area subject to induction by the one percent annual chance flood (one hundred-year flood) or regulatory floodway as determined by FEMA. This criteria shall not apply if either of the following are met:

a.

The site has been subject to a letter of map revision prepared by FEMA and issued to the city; or

b.

The site meets FEMA requirements necessary to meet minimum flood plain management criteria of the Nation Flood Insurance Program as further spelled out in Government Code section 65913.4 (a)(6)(G)(ii);

11.

The proposed two unit urban residential development would not create a nonconforming condition related to the placement of buildings or to any other development standard of this zoning code, except as specified in this Chapter;

12.

The proposed two unit urban residential development would not create an unmitigated adverse impact to the city's sewer, stormwater, or other infrastructure systems that would violate city standards, policies, or conditions protecting public health and safety;

A signed affidavit has been provided in accordance with Section 17.55.110; and

14.

The application complies with all provisions of Government Code Section 66411.7.

G.

Development Standards. The following development standards shall apply to all two unit urban residential development, except to the extent that they would preclude the construction of two dwelling units of at least eight hundred square feet each. Any modifications of development standards shall be the minimum modification necessary to avoid physically precluding the construction of two SB-9 Units of eight hundred square feet each on each parcel.

Standards for typical residential development are found in Chapter 17.18 of this Code.

Standards for typical accessory dwelling units are found in Section 17.36.130 of this Code.

1.

Number of Dwelling Units Allowed.

a.

A maximum of two dwelling units may be built on a single lot created using the urban lot split provisions of this Code. Dwelling units and accessory dwelling units both count toward the maximum number of units on lots created using the urban lot split provisions of this Code.

b.

A maximum of two dwelling units may be built on a single lot which was not created using the urban lot split provisions of this Code. Only primary dwelling units count toward the maximum number of units on lots which were not created using the urban lot split provisions of this Code.

2.

Number of Accessory Dwelling Units Allowed. Accessory dwelling units may be built pursuant to Section 17.36.130 of this Code and in conformance with the maximum number of units specified in this section.

3.

Maximum Floor Area. No maximum floor area is specified by this section.

4.

Height. Maximum height shall be per the RLD zoning district standard for primary structures.

5.

Setbacks.

a.

Front yard setback: Per the zoning district setback requirements for a primary structure.

b.

Side and rear yard: Four feet, except for an existing structure or structure constructed at the same location and to the same dimensions as an existing structure.

6.

Site Coverage. Site coverage and maximum coverage in a front yard area shall be per the standards for the RLD zoning district. Coverage calculations shall include all structures, including all SB-9 Units and all nonhabitable accessory structures.

7.

Open Space. Ten percent of the lot shall be dedicated for common open space and shall provide amenities such as but not limited to gardening, outdoor seating or furniture, playground equipment, patio, and/or outdoor grill appliance.

8.

Landscaping. Landscaping shall be provided required by the RLD zoning district.

9.

Design.

a.

If a primary dwelling unit exists on the parcel, any new dwelling unit constructed on the parcel pursuant to this section shall use the same architectural style, materials, and colors as the existing unit.

b.

All units built on a vacant parcel shall use the same architectural style, materials, and colors.

c.

Accessory Dwelling Units shall be designed in conformance with the requirements of this Code for ADUs.

10.

Parking. A minimum of one off-street parking space shall be provided for each dwelling unit, unless the following apply, in which case no off-street parking is required:

a.

The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code; or

b.

There is a car share vehicle located within one block of the parcel.

11.

Nonhabitable Accessory Structures. Development of nonhabitable accessory structures as dwelling units shall be per the standards for accessory structures in the RLD zoning district.

H.

Additional Requirements.

1.

Short-Term Rentals Prohibited. Any dwelling unit or accessory dwelling unit constructed per this section, if offered for rental, shall be rented for a minimum term of thirty-one consecutive days and shall not be used for short-term rentals.

2.

Building and Safety Regulation.

a.

The city may deny the construction of dwelling units or accessory dwelling units per this section if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed dwelling unit(s) would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon public health and safety or the physical environment and that there is no feasible method to satisfactorily mitigate or avoid the impact.

b.

An application shall not be rejected solely because it proposes adjacent or connected structures, provided that the structures meet applicable building code standards and are sufficient to allow separate conveyance.

c.

Utility connections shall be provided per city standards.

d.

All applications shall comply with the city's standards, policies, or conditions protecting public health and safety of the sewer and stormwater infrastructure systems.

I.

Application Requirements. Applications for two unit residential development shall include:

1.

All information required by the planning department, as shown on official city application forms;

2.

An affidavit shall be filed to verify information regarding the rental or ownership history of any pre-existing dwelling units or accessory dwelling units; and

3.

Each applicant for a two unit residential development shall provide a signed affidavit stating that they intend to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the development, unless the applicant is a "community land trust," as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a "qualified nonprofit corporation" as described in Section 214.15 of the Revenue and Taxation Code.

(Ord. No. 2013, § 1, 12-7-2022)

Where allowed in the applicable zoning district by Article 2 (Land Use and Development Standards), Parking facilities/vehicle storage may not engage in auto dismantling and shall comply with the following development standards:

A.

A minimum ten-foot wide landscape setback shall be provided along all street frontages and freeway rights-of-way. If the parking facility/vehicle storage yard utilizes an existing building with less than ten feet between the building and any right-of-way, the provided setback shall be landscaped.

B.

All outdoor storage areas shall be screened by a minimum six-foot high solid fence or masonry wall around the entire perimeter of the outdoor storage area.

C.

All parking facility/vehicle storage yards shall be a minimum of five hundred feet from any residential use, school or childcare center. The distance shall be measured from the nearest portion of the parking facility/vehicle storage yard to the nearest portion of the residential, school, or childcare center parcel.

(Ord. No. 2022, § 5, 1-17-2024)

Where allowed in the applicable zoning district by Article 2 (Land Use and Development Standards), Auto sales and rental shall comply with the following development standards:

A.

All auto and vehicles sales/leasing/rental lots shall be subject to the development standards for off-street parking facilities in compliance with Chapter 17.32 (Parking and Loading), except for interior parking lot landscaping (Section 17.30.040(C)(6)) in areas where cars that are for sale/lease/rent are displayed.

(Ord. No. 2022, § 6, 1-17-2024)

This section provides development and operational standards for the establishment of mini-storage or personal storage facilities in nonresidential zoning districts where they are allowed in compliance with the provisions of Article 2 (Zoning Districts Land Use and Development Standards).

A.

Limitations on location.

1.

A mini-storage facility shall be approved only on arterial streets as designated in the Transportation Element of the General Plan.

2.

All mini-storage facilities shall be a minimum of five hundred feet from any residential use, measured from the edge of the parcel.

3.

No mini-storage facility may be permitted within one-quarter mile radius of another mini-storage facility, measured from the edge of the parcel.

B.

Development standards. Each mini-storage project shall comply with all of the following standards.

1.

Parcel Size. The minimum parcel size shall be twenty thousand square feet.

2.

Setbacks. Each building shall be set back a minimum of twenty-five feet from an arterial street right-of-way when located in a commercial zoning district, and shall be set back a minimum of twenty feet from all other streets, unless a plotted building setback line would require a greater setback.

Perimeter Wall. A solid masonry wall shall be provided around the perimeter of the facility in compliance with Section 17.14.080 (Screening).

4.

Landscaping. In compliance with Chapter 17.30 (Landscaping), landscaping shall be provided between perimeter walls and street side property lines to effectively screen the perimeter wall and reduce the visual impact of long, flat wall surfaces.

5.

Architectural Compatibility. The facility, including perimeter walls, shall be designed to be architecturally compatible with the surrounding land uses. A variety of techniques shall be used to disguise or mitigate the visual presence of the mini-storage facility, such as blending elements of pedestrian-scale retail storefront components into the façade of the building including reliefs, murals, landscaping, transparent display windows, or windows affording views into retail, office, or lobby space.

6.

Aisles. Aisles shall be a minimum of twenty-five feet in width between structures to provide unobstructed and safe circulation.

7.

Site Paved. Except for structures and landscaping, the site shall be entirely paved in compliance with the city's standard specifications and plans.

8.

Business Activity. No business activity of any kind shall be conducted on the site, other than:

a.

The rental of storage spaces for inactive storage use;

b.

The sale of incidental storage supplies (e.g., packing boxes, wrapping paper);

c.

The sale of unclaimed items; and

d.

The rental of up to three personal moving vehicles, provided they are screened from the public right-of-way and incidental to the mini-storage facility.

9.

Storage Enclosed. All storage shall be located within a fully-enclosed structure(s).

Hazardous Material. Flammable or otherwise hazardous materials shall not be stored on-premises.

11.

Lights. Lighting shall not reflect on any residentially zoned property and conform with Section 17.14.070 (Lighting).

12.

Manager/Caretaker Quarters. Residential quarters for a manager or caretaker may be provided in the development.

13.

Parking. Parking shall be provided in compliance with Chapter 17.32 (Parking and Loading).

(Ord. No. 2022, § 7, 1-17-2024)

A.

Applicability. Food Truck Park as Primary Use. This Section shall apply to the operation of food truck parks operating as the primary use at a private property on a permanent basis (seven days per week) or a recurring basis (three or less days per week). Food truck parks operating on private property for a one-time event held over seven consecutive days or less see Section 17.40.030 (Temporary use permits). Mobile vendors not operating in a food truck park shall comply with Chapter 9.18 (Vending on Streets, Sidewalks and Private Property).

1.

Food Truck Park Permitting Requirements. The following provides permit requirements for using private property to maintain and operate food truck parks as a primary use on a recurring or permanent basis.

Limit. No more than three food truck parks (as a primary use or accessory use) shall be located within the incorporated city of Lodi. This limit will be reviewed periodically for possible adjustments.

3.

Vender Permit Cap. The Vender Permit Cap shall not apply to motorized food trucks that operate only at approved food truck parks.

4.

Development Standards.

a.

Minimum Gross Area.

i.

Food truck pod or hub, food truck plaza—Five thousand square feet.

ii.

Food truck park/commissary co-location—Ten thousand square feet.

b.

Off-Street Parking Requirements.

i.

Food truck park off-street parking requirements shall comply with Section 17.32.070 (Parking design standards).

ii.

Off-street parking for customers shall be provided at the ratio of two (2) parking spaces per maximum number of motorized food wagons permitted on-site (exclusive of spaces provided for motorized food wagons). However, an alternative parking plan may be approved by the Community Development Director.

iii.

For food truck park/commissary co-locations, an additional two parking spaces per maximum number of motorized food wagon for food wagon workers in addition to required customer parking.

iv.

Each motorized food wagon shall be located on a paved stall.

v.

Motorized food wagons shall be a minimum of ten feet from buildings on adjacent properties.

c.

Bicycle Parking. Bicycle parking is required pursuant to Section 17.32.090 (Bicycle parking).

d.

Seating.

i.

Seating (eating area) is required for food truck hubs, food truck plazas, and food truck park/commissary co-locations at the rate of three seats per motorized food wagon. Seating is not required for food truck pods.

ii.

Provided seating must be arranged or situated so that it does not create a hazard to pedestrians or encroach on a required building exit, vehicle travel lane, driveway, or any public street.

e.

Restroom Facilities. Food truck parks and food truck park/commissary co-locations must provide permanent on-site restrooms for both the food truck park vendors and patrons.

i.

A minimum of one restroom facility shall be provided which is ADA accessible for food truck parks up to nine trucks.

ii.

At least one additional restroom facility shall be provided for food truck parks with ten or more trucks.

f.

Electrical Service. At least one electrical outlet for each designated motorized food wagon parking space is required. Electrical outlets are not required for food truck pods.

g.

Paved Surface. Parking spaces, driveways, maneuvering aisles and turnaround areas shall be paved. Food truck parks are prohibited on undeveloped lots.

h.

Landscaping. Landscaping is required pursuant to Chapter 17.30 (Landscaping). The Community Development Director may allow for alternative compliance as it pertains to landscaping requirements.

i.

Access. Ingress and egress are required pursuant to Section 17.32.080 (Driveways and site access). Adequate vehicular and pedestrian circulation is required.

j.

Solid Waste/Recyclable Materials Storage.

i.

Solid waste/recyclable materials storage is pursuant to Section 17.14.090 (Solid waste collection and storage areas).

k.

Lighting. Lighting fixtures shall be installed to ensure user safety and arranged to not cast light onto adjoining properties. Lighting fixtures shall be permanent and shall be consistent with Section 17.14.070 (Lighting).

l.

Fencing: If perimeter fencing is installed, it shall comply with Section 17.14.100 (Walls, fences and hedges).

m.

Signage. Food truck park and food truck park/commissary co-location signage shall comply with Section 17.34.060 (Zoning district sign standards). Each motorized food truck may have one "A-frame" sign, not to exceed three feet in height, immediately adjacent to their vehicle for the purpose of displaying a menu or special advertisement.

5.

Operations.

a.

Minimum Number of Food Wagons. Minimum number of motorized food wagons shall be two.

b.

Hours of Operations. Food Truck Parks shall be prohibited from operating between the hours of 10:00 p.m. to 7:00 a.m., including set up and clean up.

c.

Space Between Motorized Food Wagons: There should be at least ten feet of clearance between all individual motorized food wagons. The Community Development Director may approve alternative layouts where the motorized food wagons are closer than ten feet from each other.

d.

Truck Storage. Motorized food wagons shall not be stored at the food truck park and must return to their commissary daily, with exception of the food truck park/commissary co-locations.

e.

Noise. Food truck park and food truck park/commissary co-location noise shall comply with Chapter 9.24 (Noise Regulation).

f.

Discharge of Wastewater. Gray Water and Fats, Oils and Grease (FOG). Motorized food wagons are prohibited from draining or spilling of wastewater, gray water and/or fats, oils, and grease into the storm drain system or on the ground.

g.

Maintenance/Cleanup. Property maintenance is required pursuant to Chapter 15.30 (Property Maintenance and the Designation of Certain Kinds of Nuisances).

h.

Waste Receptacle. At least one waste receptacle shall be provided for each mobile food vending vehicle and shall be emptied whenever full and at park closing.

i.

Alcohol Sales.

i.

Alcohol sales shall not occur from motorized food wagons.

ii.

Food truck park or food truck park/commissary co-location owners/operators may apply for an on-sale alcoholic beverage sales use permit in accordance with Chapter 17.20 (Commercial Zoning Districts), Chapter 17.22 (Mixed Use Zoning Districts) and Chapter 17.24 (Industrial Zoning Districts).

j.

Products Sold. Food parks are for the sale of food and beverage products only.

k.

Operator Responsibility for Motorized Food Wagon Compliance. The property owner or property owner's authorized agent is responsible to ensure that all motorized food wagons and vendors operating at the food truck park have obtained the necessary San Joaquin County Environmental Health Permit, and city of Lodi permit to operate a vending operation.

l.

Designated Manager. There must be a designated manager of the site who is responsible for the orderly setup of motorized food wagons, the cleanliness of the site, and the site's compliance with all rules and regulations during business hours. For Contact information for the designated manager shall be made available to City staff upon approval of the park by the Lodi Planning Commission or the Community Development Director and as needed thereafter if personnel changes.

6.

Additional Conditions.

a.

The Planning Commission or Community Development Director may impose additional conditions that are more restrictive than allowed in this Section to ensure safe operations and avoid adverse impacts to adjacent uses.

B.

Applicability. Food Truck Park as Accessory Use. This Section shall apply to the operation of food truck parks operating as an accessory use on a private property. Food truck parks that are the primary use of the site shall comply with the provisions of the above standards (Section 17.36.210.A).

1.

Food Truck Park Permitting Requirements. The following provides permit requirements for using private property to maintain and operate food truck parks as an accessory use.

2.

Vender Permit Cap. The Vender Permit Cap shall not apply to motorized food trucks that operate only at approved food truck parks.

3.

Development Standards.

a.

Siting.

i.

Temporary fencing, bollards, or similar barriers shall be required to delineate the food truck park site.

ii.

The food truck park shall not be located on required parking for the primary use of the property.

b.

Parking.

i.

See off-street parking requirements Section 17.36.210.A.4.b.

ii.

Excess available parking may be allocated to the requirements of the food truck park.

c.

Restrooms. A minimum of one restroom facility shall be provided which is ADA accessible.

i.

Portable restroom facilities must be serviced during nonbusiness hours.

d.

Pedestrian Protections. Temporary pedestrian protections shall be provided.

e.

Paved Surface. Food truck parks shall be located on a paved surface.

4.

Operations. Food truck parks that are accessory uses shall comply with the operation standards listed in Section 17.36.210.A.5.

5.

Additional Conditions.

a.

The Planning Commission or Community Development Director may impose additional conditions or conditions that are more restrictive than allowed in this Section to ensure safe operations and avoid adverse impacts to adjacent uses.

C.

Revocation. A use permit issued pursuant to this article shall be subject to suspension, revocation, or modification for the violation of any provisions of this Code or for any grounds which would warrant the denial of the issuance of such original permit. The Community Development Director (Director) may issue a notice of violation for any failure to comply with any requirement of this article or any condition of the permit. Such notice shall set forth the action necessary to come into compliance and a time frame for compliance. If the noncompliance is not abated, corrected, or rectified within the time specified by the Director in said notice, the Director may revoke, suspend, or modify the permit, upon thirty days' notice. If the Director decides to revoke or suspend the permit, the operator shall cease operation of the short-term rental immediately.

(Ord. No. 2030, § 7, 3-19-2025)

17.36.220 - Gas stations (fueling stations).

This section provides development and operational standards for the establishment of gas stations in nonresidential zoning districts where they are allowed in compliance with the provisions of Article 2 (Zoning Districts Land Use and Development Standards).

A.

Limitations on location.

1.

A gas station shall be approved only on arterial streets as designated in the Transportation Element of the General Plan.

2.

All gas stations shall be a minimum of five hundred feet from any residential use, measured from the edge of the parcel.

B.

Development standards. Each gas station project shall comply with all of the following standards.

1.

Parcel Size. The minimum parcel size shall be fifteen thousand square feet.

2.

Street Frontage. The minimum street frontage shall be one hundred fifty feet on at least one arterial street.

3.

Pump islands. Pump islands shall be located:

a.

A minimum of eighteen feet from any property line to the nearest edge of the pump island; however, a canopy or roof structure over a pump island may be constructed within five feet of a street side property line;

b.

A minimum of twenty-eight feet from pump island to pump island or pump island to any structure; and

c.

A minimum of thirty-eight feet from the pump island to the nearest parking stalls.

4.

Access. There shall be no more than two vehicular access points to/from the public right-of-way.

5.

Vehicle Stacking. A vehicle stacking distance of at least thirty-eight feet (two car lengths) shall be required on site for each pump aisle measured from each end of the pump. The stacking area shall not interfere with access to the site or with internal parking.

6.

Fuel delivery. A parking area for fuel delivery trucks shall be provided which does not interfere with vehicle circulation or parking.

7.

Perimeter Wall. A parcel containing a gas station that abuts or adjoins a parcel developed with or zoned for residential property shall provide an eight-foot tall decorative solid masonry wall along the common property line, compatible with on-premises development and adjacent properties. When the wall reaches the established front yard setback line of a residentially zoned parcel adjoining or directly across the alley from the service station, that portion of the wall shall decrease to a height of three feet. This wall shall be constructed at the time the gas station receives an entitlement for any on-premises

improvements/modifications costing more than twenty-five percent of the appraised value of the structure, as shown in the County Assessor's records, or twenty-five thousand dollars, whichever is less.

8.

Landscaping. In compliance with Chapter 17.30 (Landscaping), landscaping shall be provided between perimeter walls and street side property lines to effectively screen the perimeter wall and reduce the visual impact of long, flat wall surfaces. Additional landscaping may be required to screen the gas station from adjacent properties.

9.

Modification or expansion of existing gas stations. Where an existing gas station adjoins property in a residential zoning district, and eight-foot tall decorative masonry wall shall be constructed along the common property line at the time the gas station receives an entitlement for any on-premises improvements/modifications costing more than twenty-five percent of the appraised value of the structure, as shown in the County Assessor's records, or twenty-five thousand dollars, whichever is less. The masonry wall shall be compatible with on-premises development and adjacent properties. When the wall reaches the established front yard setback line of a residentially zoned parcel adjoining or directly across the alley from the service station, the wall shall decrease to a height of three feet.

(Ord. No. 2030, § 8, 3-19-2025)

ARTICLE 4. - LAND USE AND DEVELOPMENT PERMIT PROCEDURES Chapter 17.38 - APPLICATION FILING AND PROCESSING

This chapter provides procedures and requirements for the preparation, filing, and processing of applications for the land use permits required by this development code.

(Ord. No. 1869, § 2, 2-20-2013)

Table 4-1 (Review Authority) identifies the city official or body responsible for reviewing and making decisions on each type of application, land use permit, and other approvals required by this development code.

(Ord. No. 1869, § 2, 2-20-2013)

When a single project incorporates different land uses or features so that this development code requires multiple land use permit applications, the applicable review authority may choose to require that all applications be reviewed, and approved or disapproved, by the highest level review authority assigned by Table 4-1 to any of the required applications.

Notes:

(1) "Recommend" means that the review authority makes a recommendation to a higher decision-making body; "Decision" means that the review authority makes the final decision on the matter; "Appeal" means that the review authority may consider and decide upon appeals to the decision of an earlier decisionmaking body, in compliance with Chapter 17.70 (Appeals).

(2) SPARC means the Site Plan and Architectural Approval Committee. (See Section 17.66.050)

(3) The Director may defer action on permit applications and refer the items to the Commission for the final decision.

(Ord. No. 1869, § 2, 2-20-2013)

17.38.040 - Application preparation and filing.

The preparation and filing of applications for land use permits, amendments (e.g., General plan, zoning map, and development code), and other matters pertaining to this development code shall comply with the following requirements:

A.

Pre-application Review.

1.

A prospective applicant or agent is strongly encouraged to request a pre-application review with the department before completion of project design and the formal submittal of a permit application.

2.

A request by an applicant for pre-application review, accompanied by preliminary project plans and designs and the required filing fee, will be reviewed by affected city departments and other selected agencies.

3.

The reviewing city staff members will inform the applicant of requirements as they apply to the proposed development project, provide a preliminary list of issues that will likely be of concern during formal application review, suggest possible alternatives or modifications to the project, and identify any technical studies that may be necessary for the environmental review process when a formal application is filed.

4.

Neither the preapplication review nor information and/or pertinent policies provided by the department shall be construed as a department recommendation for approval or disapproval of the application/project.

B.

Application Contents and Fee. Applications shall include the forms provided by the Department, and all information and materials required by the application content requirements handout provided by the department for the specific type of application (e.g., use permit, variance, or others), and the filing fee required by the council's fee resolution.

C.

Eligibility, Filing. All land use permit and other applications required by this development code shall be filed with the department. Applications may be made by:

1.

The owner of the subject property; or

2.

Any other person, agent, or representative, with the written consent of the property owner.

D.

Filing Date. The filing date of an application shall be the date on which the department receives the last submission, map, plan, or other material required as a part of that application by subsection B of this section, including appropriate filing fees, in compliance with Section 17.38.060 (Initial Application Review) and deemed complete by the director.

(Ord. No. 1869, § 2, 2-20-2013)

17.38.050 - Application fees.

A.

Filing Fees Required.

1.

The council shall, by resolution, establish a schedule of fees for amendments, entitlements, and other matters pertaining to this development code, referred to as the council's fee resolution.

2.

The schedule of fees may be changed only by resolution of the council.

3.

The city's processing fees are cumulative. For example, if an application for a parcel map also requires an administrative deviation, both fees shall be charged.

4.

Processing shall not commence on an application until all required fees have been paid.

5.

Without the application fee the application shall not be deemed complete.

6.

The city is not required to continue processing any application unless additionally required fees are paid in full.

7.

Failure to pay the applicable fees is grounds for disapproval of the application.

B.

Refunds and Withdrawals.

1.

Recognizing that filing fees are utilized to cover city costs of public hearings, mailing, posting, transcripts, and staff time involved in processing applications, no refunds due to a disapproval are allowed.

2.

In the case of a withdrawal, the director may authorize a partial refund based upon the pro-rated costs todate and determination of the status of the application at the time of withdrawal.

(Ord. No. 1869, § 2, 2-20-2013)

All applications filed with the department in compliance with this development code shall be initially processed as follows:

A.

Completeness Review. The Director shall review all applications for completeness and accuracy before they are accepted as being complete in compliance with Section 17.38.040(B) (Application Contents and Fees), above.

1.

Notification of Applicant. The applicant shall be informed in writing within thirty days of submittal, either that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in the letter, shall be provided. All additional information needed shall be identified in the letter providing notice of an incomplete application.

2.

Appeal of Determination. Where the director has determined that an application is incomplete, and the applicant believes that the application is complete and/or that the information requested by the director is not required, the applicant may appeal the determination in compliance with Chapter 17.70 (Appeals).

3.

Environmental Information. The director may require the applicant to submit additional information needed for the environmental review of the project in compliance with Section 17.38.070 (Environmental Assessment), below.

4.

Expiration of Application. If the applicant does not provide the additional information required in compliance with subsection (A)(1), above, within one hundred twenty days after the date of the letter requesting the additional information, the director may consider the application withdrawn if the director determines that reasonable progress toward completion of the application has not occurred. Application processing shall not resume thereafter until a new application is filed, including fees, plans, exhibits, and other materials that are required for any project on the same site.

Criteria for Acceptance. An application shall not be accepted as complete unless or until the director determines that it:

a.

Is consistent with the general plan, and any applicable specific plan; development agreement, or previously approved use permit;

b.

Is in compliance with zoning district requirements applicable to the site, except for a zoning map amendment or prezoning filed in compliance with Chapter 17.72 (Amendments); and

c.

Includes all information and materials required by Section 17.38.040(B) (Application Contents and Fees).

6.

Violations on the Site.

a.

The director shall not find the application complete, and/or shall not process or approve the application, if conditions exist on the site in violation of this development code or any permit or other approval granted in compliance with this development code, other than an application for the approval, entitlement, or permit, if any, needed to correct the violation.

b.

The director's authority under this subsection shall apply whether:

i.

The current applicant was the owner of the subject property at the time the violation occurred; or

ii.

The applicant is the current owner of the subject property with or without actual or constructive knowledge of the violation at the time of acquisition of the subject property.

c.

The Director's decision may be appealed in compliance with Chapter 17.70 (Appeals).

B.

Referral of Application. At the discretion of the director, or where otherwise required by this development code, state, or federal law, any application filed in compliance with this development code may be referred to any public agency that may be affected by or have an interest in the proposed land use activity.

(Ord. No. 1869, § 2, 2-20-2013)

After acceptance of a complete application, the project shall be reviewed as required by the California Environmental Quality Act (CEQA) and the Lodi Environmental Review Guidelines.

(Ord. No. 1869, § 2, 2-20-2013)

17.38.080 - Staff report and recommendations.

A.

Staff Evaluation. The director shall review all applications filed in compliance with this chapter to determine whether they comply with the provisions of this development code, other applicable provisions of the municipal code, and the general plan.

B.

Staff Report Preparation.

1.

The department staff shall prepare a staff report that describes conclusions about the proposed land use and any development as to its compliance and consistency with the provisions of this development code, other applicable provisions of the municipal code, the general plan, and any applicable specific plan.

2.

The staff report shall include recommendations on the approval, approval with conditions, or disapproval of the application, based on the project evaluation, and consideration of information provided by an initial study or environmental impact report.

C.

Report Distribution. Staff reports shall be furnished to the applicants at the same time as they are provided to the review authority before the public hearing on the application.

(Ord. No. 1869, § 2, 2-20-2013)

Chapter 17.40 - PERMIT APPROVAL OR DISAPPROVAL

A.

Permit Review Procedures. This chapter provides procedures for the final review, and approval or disapproval of the land use permit applications established by this development code.

B.

Subdivision Review Procedures. Procedures and standards for the review and approval of subdivision maps are found in Article 5 (Subdivisions).

C.

Application Filing and Initial Processing. Where applicable, the procedures of this chapter are carried out after those described in Chapter 17.38 (Application Filing and Processing), for each application.

(Ord. No. 1869, § 2, 2-20-2013)

17.40.020 - Site plan and architectural approval.

A.

Purpose. This section establishes procedures for the city's review of the design aspects of proposed development (for example, building design, landscaping, site planning and development, and signs). These procedures are not intended to restrict imagination, innovation, or variety in design, but rather to focus on design issues and solutions that will have the greatest effect on community character and aesthetics, to encourage imaginative solutions and high-quality urban design. The purposes of this section are, therefore, to:

1.

Recognize the interdependence of land values and aesthetics and encourage the orderly and harmonious appearance of development within the community;

2.

Ensure that new uses and structures enhance their sites and are compatible with the highest standards of improvement in the surrounding neighborhoods;

3.

Better protect the increasing values, standards, and importance of land and development in the community;

4.

Retain and strengthen the visual quality of the community;

5.

Assist project developers in understanding the public's concerns for the aesthetics of development; and

6.

Ensure that development complies with all applicable city standards and guidelines, and does not adversely affect community health, safety, aesthetics, or natural resources.

B.

Applicability. Table 4-2 identifies when site plan and architectural approval is required, and the responsible review authority.

==> picture [528 x 487] intentionally omitted <==

----- Start of picture text -----
TABLE 4-2
Applicability of Site Plan and Architectural Approval
Type of Project Site Plan and Architectural
Approval Requirement
Exempt Director SPARC
Review Review
Individual single-family homes and accessory structures, ✓
including additions and alterations, under individual
applications in the R-1, R-1E, and R-2 zoning districts.
Ground floor additions and alterations deemed visually or ✓
functionally insignificant by the director.
Multiple single-family detached homes and accessory ✓
structures in the R-1, R-1E, and R-2 zoning districts. [(1)]
Multi-family dwellings and accessory structures in the RMD ✓
and RHD zoning districts. [(4)]
Temporary structures that will be removed within one year. ✓
(2)
Additions and alterations in all zoning districts, except the ✓
R-1, R-1E, R-2, RMD, and RHD zones, that do not meet
the specific criteria above. [(2), (3)]
Nonresidential development containing up to 10,000 ✓
square feet of total gross structure area. [(3)]
Nonresidential development containing 10,000 square feet ✓
or more of total gross structure area. [(3)]
All other land uses. ✓
----- End of picture text -----

Notes:

(1) Only where the same basic design will be used more than once in the same subdivision.

(2) Landscaping plans may be required.

(3) Site plan and architectural approval shall be required for new structures and addition or reconstruction projects that are equal to fifty percent or greater of the floor area of the existing structures on the site and where the cumulative square footage of a development project exceeds ten thousand square feet, even though individual structures may be less than ten thousand square feet.

(4) Site plan and architectural approval shall be required for new multi-family projects on vacant parcels and new construction, additions or reconstruction projects that are equal to fifty percent or greater of the floor area of the existing structures on a developed site.

C.

Timing of Site Plan and Architectural Approval. When required, site plan and architectural approval shall be granted before the issuance of the building permit or the establishment of a temporary open lot use.

D.

Site Plan and Architectural Approval process. The site plan and architectural approval process shall be conducted as follows:

1.

Application preparation, filing, initial processing. An application for site plan and architectural approval shall be prepared, filed and processed in compliance with Chapter 17.38 (Application Filing and Processing).

2.

Application Contents. The application shall be made on forms furnished by the department, and shall be accompanied by the information identified in the department handout for site plan and architectural approval applications. It is the responsibility of the applicant to establish evidence in support of the findings required by subsection E (Findings and Decision), below.

3.

Evaluation of Proposal. The review authority shall consider the design, location, site layout, and the overall effect of the proposed project upon surrounding properties and the city in general. The review shall compare the proposed project to applicable development standards, design guidelines, and other city regulations.

4.

Site Plan and Architectural Approval by the Director. Decisions of the director on site plan and architectural approval applications shall comply with subsection E; conditions of approval may be imposed in compliance with subsection F.

a.

Meeting. A meeting shall not be required unless requested in writing by an interested party before the director's action.

b.

Director's Action. Specified applications for site plan and architectural approval, as identified in Table 4-2 (Applicability of Site Plan And Architectural Approval), above may be approved or disapproved by the director.

c.

Referral to SPARC. The director may defer action on a site plan and architectural approval application and instead refer the matter to the SPARC for review and decision.

5.

Site Plan and Architectural Approval by the SPARC.

a.

SPARC's Decision. Decisions of the SPARC on site plan and architectural approval applications shall comply with subsection E and conditions of approval may be imposed in compliance with subsection F, below.

b.

Notice and Meeting. Notice of the SPARC meeting shall be given in compliance with Chapter 17.74 (Public Hearings).

c.

Site Plan and Architectural Approval. An application for site plan and architectural approval shall be considered by the SPARC following approval of the project's land use entitlement by the applicable review authority.

E.

Findings and Decision. The applicable review authority may approve a site plan and architectural approval application only after first finding that:

1.

The design and layout of the proposed project would:

a.

Be consistent with the development and design standards/guidelines of the applicable zoning district;

b.

Not interfere with the use and enjoyment of neighboring existing or future developments, and not create traffic or pedestrian hazards;

c.

Maintain and enhance the attractive, harmonious, and orderly development contemplated by this development code; and

d.

Provide a desirable environment for its occupants, neighbors, and visiting public through good aesthetic use of durable materials, texture, and color.

The proposed development:

a.

Would not be detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the vicinity; and

b.

Has been reviewed in compliance with the California Environmental Quality Act (CEQA) and the Lodi Environmental Review Guidelines.

F.

Conditions of Approval. In granting site plan and architectural approval, the review authority shall impose conditions as necessary to ensure compatibility with surrounding uses, and to preserve the public health, safety, and welfare. The conditions may include requirements regarding buffers, colors and materials, landscaping and maintenance, lighting, off-site improvements, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, etc., deemed reasonable and necessary to ensure that the approval will comply with the findings required by subsection E (Findings and Decision), above.

G.

Post Approval Procedures. The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Article 6 (Development Code Administration), and those identified in Chapter 17.42 (Permit Implementation, Time Limits, and Extensions), shall apply following the decision on a site plan and architectural approval application.

(Ord. No. 1869, § 2, 2-20-2013; Ord. 1920, § 1, 6-1-2016)

A.

Purpose. This section establishes procedures for the granting of temporary use permits that allow shortterm activities that may not meet the normal development or use standards of the applicable zoning district, but may be acceptable because of their temporary nature.

B.

Applicability. Temporary land uses shall not be established, operated, or conducted in any manner without the approval and maintenance of a valid temporary use permit in compliance with this section. The following two categories of temporary uses identify the level of permit required, if any, based on the proposed duration, size, and type of use:

1.

Exempt temporary uses are identified in subsection C (Exempt Temporary Uses), below; or

2.

Temporary Use Permits are identified in subsection D (Allowed Temporary Activities), below.

C.

Exempt Temporary Uses. The following minor and limited duration temporary uses are exempt from the requirement for a temporary use permit. Uses that do not fall within the categories defined below shall comply with subsection D (Allowed Temporary Activities), below.

1.

Car Washes for Fund Raising. Car washes, limited to a maximum of two days each month for each sponsoring organization, on non-residential properties. Sponsorship shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with 501(c) of the Federal Revenue and Taxation Code.

2.

Construction Yards—On-site. On-site contractors' construction yards, in conjunction with an approved construction project on the same site. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the companion building permit authorizing the construction project, whichever first occurs.

3.

Emergency Facilities. Emergency public health and safety needs/land use activities.

4.

Garage Sales. Garage sales are exempt from the requirement for a temporary use permit provided that sales occur no more often than two times per year per residence, for a maximum of three consecutive days each, or one time per year, for a maximum of six consecutive days each.

D.

Allowed Temporary Activities. The following temporary uses may be allowed, subject to the issuance of a temporary use permit by the director. Uses that do not fall within the categories defined below shall comply with the use and development regulations and land use permit review provisions that otherwise apply to the property.

1.

Construction Yards—Off-site. Off-site contractors' construction yards, in conjunction with an approved construction project. The permit shall expire and the construction yard shall be removed immediately upon completion of the construction project, or the expiration of the companion building permit authorizing the construction project, whichever first occurs. (See also subsection D.11., below, regarding temporary work trailers.)

Events. Outdoor events on private property including the following:

a.

Amusement rides, arts and crafts exhibits, auctions, carnivals, circuses, concerts, fairs, farmer's markets, festivals, flea markets, food events, outdoor entertainment/sporting events, rodeos, rummage sales, second hand sales, swap meets, and tent revivals for ten consecutive days or less, or six two-day weekends, within a twelve-month period.

b.

Outdoor meetings, group activities, or sales within parking areas, for seven consecutive days or less, within a one hundred eighty-day period.

3.

Outdoor Displays/Sales. The temporary outdoor display/sales of merchandise (e.g., parking lot and sidewalk sales), in compliance with Section 17.36.080 (Outdoor Display and Retail Activities) shall be allowed only if the merchandise displayed is regularly sold on the same site. These activities shall be located immediately adjacent to the structure, and their duration shall not exceed three consecutive days within a ninety-day period. Any sales activity proposed within a public right-of-way shall require an encroachment permit.

4.

Outdoor Sales of Flowers and Produce. The temporary outdoor sales of items (e.g., flowers, fruits, grapes, vegetables, etc.) grown on the subject property, in compliance with Section 17.36.080 (Outdoor Display and Retail Activities) which shall be allowed only if the property is engaged in agricultural production for the duration of the temporary use. The maximum duration shall not exceed one hundred eighty consecutive days, within a one-year period.

5.

Residence. A mobile home as a temporary residence of the property owner when a valid building permit for a new single-family dwelling is in force, or for temporary caretaker quarters during the construction of a subdivision, multi-family, or non-residential project. The permit may be approved for a specified duration, or upon expiration of the building permit, whichever first occurs.

6.

Seasonal Sales Lots. Seasonal sales activities (for example, pumpkins, Christmas trees, etc.) including temporary residence/security trailers, on non-residential properties, for forty-five days or less for each seasonal product, within a twelve-month period.

7.

Temporary Model Homes. Temporary model homes and related facilities may be established within the area of an approved residential subdivision project, solely for the first sale of homes.

8.

Temporary Real Estate Sales Offices. A temporary real estate sales office may be established within the area of an approved development project, solely for the first sale of homes.

9.

Temporary Structures. A temporary classroom, office, or similar portable structure, including a manufactured or mobile unit, may be approved, for a maximum time period of twenty-four months, as an accessory use or as the first phase of a development project, in the commercial and industrial zoning districts.

10.

Temporary Work Trailers.

a.

A trailer or mobile home may be used as a temporary work site for employees of a business:

i.

During construction of a subdivision or other development project when a valid building permit is in force; or

ii.

Upon demonstration by the applicant that the temporary work site is a short-term necessity, while a permanent work site is being obtained.

b.

A permit for temporary work trailers may be granted for up to twenty-four months.

11.

Temporary Outdoor Sales. Temporary outdoor sales events (e.g., car sales) may be allowed only when directly related to an approved "point of sale" within the city that will ensure that the city receives its appropriate sales tax.

12.

Similar Temporary Uses. Similar temporary uses which, in the opinion of the director, are compatible with the zoning district and surrounding land uses, and are necessary because of unusual or unique circumstances beyond the control of the applicant.

E.

Application Filing, Processing, and Review. An application for a temporary use permit shall be filed with the department and processed in the following manner:

1.

Application Contents. The application shall be made on forms furnished by the department, and shall be accompanied by the information identified in the department handout for temporary use permit applications. It is the responsibility of the applicant to establish evidence in support of the findings required by subsection G. (Findings and Decision), below.

2.

Time for Filing. An application for a temporary use permit shall be submitted for approval at least ten days before the date that the proposed use is scheduled to take place.

3.

Public Hearing Not Required. A public hearing shall not be required for a decision on a temporary use permit.

F.

Standards. Standards for floor areas, heights, landscaping, parking, setbacks, and other structure and property development standards that apply to the category of use or the zoning district of the subject site shall be used as a guide for determining the appropriate development standards for temporary uses.

1.

Adjustment of Standards. The director may authorize an adjustment from the specific standards deemed necessary or appropriate consistent with the temporary nature of the use.

2.

Removal of Materials and Structures Associated with the Temporary Use. All materials and structures associated with the temporary use shall be removed within ten days from the actual termination of operations, or after the expiration of the temporary use permit, whichever first occurs.

3.

Other Permits Required. Temporary uses may be subject to additional licenses, inspections, or permits required by applicable local, state, or federal requirements.

G.

Findings and Decision.

1.

A temporary use permit may be approved, modified, conditioned, or disapproved by the director, without the requirement for a noticed pubic hearing.

The director may defer action and refer the application to the commission for review and decision at a scheduled public hearing.

3.

The director may approve or conditionally approve a temporary use permit application, only after first finding that:

a.

The establishment, maintenance or operation of the use would not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use;

b.

The use, as described and conditionally approved, would not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city;

c.

Approved measures for the removal of the use and site restoration have been required to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this development code; and

d.

The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA).

H.

Conditions of Approval. In approving a temporary use permit, the director may impose conditions (e.g., buffers, hours of operation, landscaping and maintenance, lighting, off-site improvements, parking, performance guarantees, property maintenance, signs, surfacing, time limits, traffic circulation, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by subsection G (Findings and Decision), above.

I.

Condition of Site Following Temporary Use. Each site occupied by a temporary use shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used in compliance with the provisions of this development code. The review authority may require appropriate security before initiation of the use to ensure proper cleanup after the use is finished.

J.

Post Approval Procedures. The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Article 6 (Development Code Administration), and those

identified in Chapter 17.42 (Permit Implementation, Time Limits, and Extensions), shall apply following the decision on a temporary use permit application.

(Ord. No. 1869, § 2, 2-20-2013)

A.

Purpose. A use permit or minor use permit provides a process for reviewing uses and activities that may be appropriate in the applicable zoning district, but whose effects on a site and surroundings cannot be determined before being proposed for a specific site. The procedures of this section provide for the review of the configuration, design, location, and potential impacts of the proposed use, to evaluate the compatibility of the proposed use with surrounding uses and the suitability of the use to the site.

B.

Applicability.

1.

A use permit or minor use permit is required to authorize proposed land uses and activities identified by Article 2 (Land Use and Development Standards) as being allowable in the applicable zoning district subject to the approval of a use permit or minor use permit; and

2.

A use permit is required to allow the extension of a use for not more than fifty feet into a more restricted zoning district where the boundary line divides a "parcel of record" as defined in Article 7 (Definitions).

C.

Review Authority.

1.

Use Permits. Use permits shall be approved or disapproved by the commission.

2.

Minor Use Permits. Minor use permits shall be approved or disapproved by the Director.

a.

The director may choose to refer any minor use permit application to the commission for hearing and decision.

b.

A minor use permit application shall be determined exempt from the California Environmental Quality Act (CEQA) in compliance with state law and the Lodi Environmental Review Guidelines or it shall be processed

as a use permit.

D.

Application Filing and Processing. An application for a use permit or minor use permit shall be filed and processed in compliance with Chapter 17.38 (Application Filing and Processing).

E.

Project Review, Notice, and Hearing. Each application shall be reviewed by the director to ensure that the proposal complies with all applicable requirements of this development code.

1.

Use Permit. The commission shall conduct a public hearing on an application for a use permit before a decision on the application. Notice of the hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 17.74 (Public Hearings).

2.

Minor Use Permit. Before a decision on a minor use permit, the public notice shall be provided in compliance with Chapter 17.74 (Public Hearings), and as follows:

a.

Public Notice. The notice shall state that the director will decide whether to approve or disapprove the minor use permit application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person before the specified date for the decision.

b.

Hearing. When a hearing is requested, notice of the hearing shall be provided in compliance with Chapter 17.74, and the director shall conduct the public hearing before a decision on the application in compliance with Chapter 17.74.

F.

Findings and Decision. Following a public hearing, the commission may approve or disapprove an application for a use permit. The commission shall record the decision and the findings upon which the decision is based. The commission may approve a use permit only after first finding that:

1.

The proposed use is allowed with a use permit within the applicable zoning district and complies with all applicable provisions of this development code;

2.

The proposed use is consistent with the general plan and any applicable specific plan;

The location, size, design and operating characteristics of the use or development is compatible with and shall not adversely affect or be materially detrimental to the health, safety, or welfare of persons residing or working in the area, or be detrimental or injurious to public or private property or improvements;

4.

The location, size, design, and operating characteristics of the proposed use would be compatible with the existing and future land uses in the vicinity; and

5.

The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and the Lodi Environmental Review Guidelines.

G.

Conditions of Approval. In approving a use permit, the commission may impose conditions (e.g., buffers, hours of operation, landscaping and maintenance, lighting, off-site improvements, parking, performance guarantees, property maintenance, signs, surfacing, time limits, traffic circulation, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by subsection F (Findings and Decision), above.

H.

Post Approval Procedures. The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Article 6 (Development Code Administration), and those identified in Chapter 17.42 (Permit Implementation, Time Limits, and Extensions), shall apply following the decision on a use permit application.

(Ord. No. 1869, § 2, 2-20-2013)

17.40.050 - Variances and administrative deviations.

A.

Purpose. The provisions of this section allow for variances from the development standards of this development code.

1.

Special Privileges Prohibited.

a.

A variance may only be granted when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other conditions, the strict application of this development code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts, or creates an unnecessary, and non-self created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards.

b.

A variance shall not be granted that would have the effect of granting a special privilege not shared by other property owners in the vicinity and under identical zoning districts, or which is contrary to the public convenience, health, interest, safety, or welfare.

2.

Does Not Extend to Uses. The power to grant variances does not extend to allowable land uses; flexibility in allowable land uses is provided in Section 17.40.040 (Use Permits).

B.

Review Authority. Variances may be granted in compliance with the following:

1.

Director. The director may grant administrative deviations, or may defer action and refer the application to the commission, in compliance with subsection D, below, and state law (Government Code Section 65901).

2.

Commission. The commission may grant variances in compliance with subsection D.

C.

Allowable Administrative Deviations. The director may approve an application for an administrative deviation from the development standards identified in Table 4-3, below, and for the sign standards of Chapter 17.34 (Signs) as provided in Section 17.34.080 (Exceptions to Sign Area Standards).

D.

Variances. The commission may grant an adjustment from the requirements of this development code governing only the following development standards:

1.

Development Standards. Any development standard identified in subsection C (Allowable Administrative Deviations), above where the requested adjustment exceeds the maximum limits for an administrative deviation;

2.

Dimensional Standards. Dimensional standards including distance-separation requirements, fence and wall requirements, landscape and paving requirements, lighting, loading spaces, parcel area, parcel dimensions, parking areas, open space, setbacks, structure heights, etc.;

3.

Numerical Standards. Number of off-street parking spaces, loading spaces, landscaping, etc.;

4.

Signs. Sign regulations (other than prohibited signs);

5.

Alteration, Enlargement, or Reconstruction of Nonconformities. To allow the alteration or enlargement of a nonconforming use, or the alteration, enlargement, or reconstruction of a structure in which a nonconforming use is conducted, when the changes (e.g., alteration, enlargement, or reconstruction) would be of distinct benefit to the zoning district in which the use or structure is located; and

6.

Other. Other standards including operational/performance standards relating to dust, glare, hours of operation, landscaping, light, noise, number of employees, etc.

E.

Application Requirements. An application for a variance shall be filed in compliance with Chapter 17.38 (Application Filling and Processing). The application shall be accompanied by the information identified in the department handout for variance applications. It is the responsibility of the applicant to provide evidence in support of the findings required by subsection G (Findings and Decision), below.

F.

Notice and Hearings.

1.

Administrative Deviations. A public hearing shall not be required for the director's decision on an administrative deviation.

2.

Variances.

a.

A public hearing shall be required for all variances, which shall be considered by the commission.

b.

A public hearing shall be scheduled once the director has determined the application complete.

c.

Noticing of the public hearing shall be given in compliance with Chapter 17.74 (Public Hearings).

G.

Findings and Decision. The applicable review authority shall record the decision in writing with the findings on which the decision is based. Following a public hearing, if required, the review authority may approve a variance application, with or without conditions, only after first finding that:

1.

There are special circumstances applicable to the subject property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of this development code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non-self created hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards;

2.

Granting the variance would:

a.

Be necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district, and denied to the subject property owner;

b.

Be consistent with the actions, goals, objectives, and policies of the general plan and any applicable specific plan;

c.

Not allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel and will not constitute a grant of special privileges inconsistent with the limitations on other properties in the vicinity and in the same zoning district; and

d.

Not be materially detrimental to the public convenience, health, interest, safety, or welfare, or injurious to the property or improvements in such vicinity and land use district in which the property is located.

3.

The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and the Lodi Environmental Review Guidelines.

H.

Compliance with Findings. In approving a variance, the review authority may impose conditions (e.g., buffers, landscaping and maintenance, lighting, off-site improvements, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, etc.) deemed reasonable and necessary to:

1.

Compliance with Section. Ensure compliance with the general purpose of this section, and the actions, goals, objectives, and policies of the general plan and any applicable specific plan;

2.

Special Privileges Prohibited. Ensure that the variance does not grant special privileges inconsistent with the limitations on other properties in the vicinity and zoning district in which the property is located;

3.

Compliance with Findings. Ensure that the approval would be in compliance with the findings required by subsection G (Findings and Decision), above; and

4.

Protect Interests. Protect the best interests of the surrounding property or neighborhood.

I.

Post Approval Procedures. The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Article 6 (Development Code Administration), and those identified in Chapter 17.42 (Permit Implementation, Time Limits, and Extensions), shall apply following the decision on a variance application.

(Ord. No. 1869, § 2, 2-20-2013)

A.

Purpose. Planned development permits are intended to promote and encourage flexibility in the city's residential, commercial, and industrial zoning districts relating to property development, design, and open space areas, while protecting the public health, safety, general welfare, integrity, and character of the city, and ensuring consistency with the general plan and any applicable specific plan.

1.

Projects proposed through planned development permit applications are encouraged and expected to produce a comprehensive development of greater quality than that normally resulting from more traditional development.

2.

Project review shall determine whether the planned development permit should be approved by weighing the public need for, and the benefits to be derived from, the proposed project against the potential negative effects it may cause.

B.

Applicability. An application for a planned development permit shall be considered by the commission and shall be available, at the discretion of the applicant, for development within all zoning districts of the city.

1.

Land Use Activity. A planned development permit may not authorize a land use activity that is not allowed in the subject zoning district.

2.

General Plan Compliance. Strict compliance with the purpose and intent of the general plan and any applicable specific plan shall be required.

3.

Modify Standards.

a.

The permit may adjust or modify, where necessary and justifiable, all applicable development standards (e.g., building envelope [coverage, height, and setbacks], fence and wall heights, landscaping, off-street parking [design and ratios], open space, street layout, etc.) identified in this development code, with the exception of an increase in the applicable density/intensity provisions.

b.

Residential development projects with increased density or intensity standards may only be approved by the council in compliance with state law (Government Code Section 65915).

C.

Application Filing and Processing. An application for a planned development permit shall be filed and processed in compliance with Chapter 17.38 (Application Filing and Processing).

D.

Project Review, Notice, and Hearing.

1.

Each planned development permit application shall be analyzed by the director to ensure that the application is consistent with the purpose and intent of this section. The director shall submit a staff report and recommendation to the commission for their consideration.

2.

The commission shall conduct a public hearing on an application for a planned development permit before the approval or disapproval of the permit.

3.

Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 17.74 (Public Hearings).

E.

Findings and Decision. Following a public hearing, the commission may approve or disapprove an application for a planned development permit. The commission shall record the decision and the findings upon which the decision is based. The commission may approve a planned development permit only after first finding that:

1.

The proposed development is:

a.

Allowed within the subject base zoning district;

b.

Generally in compliance with all of the applicable provisions of this development code relating to both onand off-site improvements that are necessary to accommodate flexibility in site planning and property development and to carry out the purpose, intent, and requirements of the respective base zoning district, including prescribed development standards and applicable design guidelines; and

c.

Consistent with the general plan and any applicable specific plan.

2.

The proposed project would produce a comprehensive development of superior quality (e.g., appropriate variety of structure placement and orientation opportunities, appropriate structure sizes, high quality architectural design, increased amounts of landscaping and open space, improved solutions to the design and placement of parking facilities, etc.) than which might otherwise occur from more traditional development applications and would provide a clear benefit to the city;

3.

The design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle access and public services and utilities (e.g., drainage, fire protection, sewers, water, etc.), would ensure that the proposed development would not endanger, jeopardize, or otherwise constitute a hazard to the public health, safety, or general welfare, or injurious to the property or improvements in the vicinity and base zoning district in which the property is located;

4.

The subject site is:

a.

Physically suitable for the type and density/intensity of development being proposed;

b.

Adequate in shape and size to accommodate the use and all fences and walls, landscaping, loading, open space, parking, yards, and other features generally required by this development code and necessary to support the proposed development; and

c.

Served by streets adequate in width and pavement type to carry the quantity and type of traffic expected to be generated by the proposed development.

5.

The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA).

F.

Conditions of Approval. In approving a planned development permit, the commission may impose conditions (e.g., buffers, landscaping and maintenance, lighting, off-site improvements, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by subsection E (Findings and Decision), above.

G.

Post Approval Procedures. The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Article 6 (Development Code Administration), and those identified in Chapter 17.42 (Permit Implementation, Time Limits, and Extensions), shall apply following the decision on a planned development permit application.

(Ord. No. 1869, § 2, 2-20-2013)

A.

Purpose. The provisions of this section allow for issuance of a certificate of occupancy authorizing the use of land or structures in compliance with this development code.

B.

Applicability. Vacant land shall not be used or occupied, except for agricultural purposes, and no structure shall be altered, erected, moved, occupied, or used until a certificate of occupancy has been issued by the director or his designee.

C.

Procedural Requirements.

1.

A certificate of occupancy for the use of vacant land or for a change in the character of the use of land, as provided in this section, except for agricultural purposes, shall be applied for before the land is occupied or used.

2.

The certificate of occupancy shall be issued within five days after the application has been made; provided, the use is in compliance with the provisions of this development code.

3.

A certificate of occupancy for a new structure or the alteration, conversion, or reconstruction of an existing structure shall be applied for together with the application for building permit. The certificate shall be issued, if after inspection it is found that the structure complies with the provisions of this development code and all other the applicable requirements of law or ordinance.

4.

A temporary certificate may be issued for the temporary use of a portion of the structure before the completion and occupancy of the entire structure. However, the temporary certificate shall only be issued under restrictions and provisions that will adequately ensure the safety of the occupants.

5.

The certificate of occupancy shall state that the structure or proposed use of a structure or land is in compliance with all applicable city, state, and federal laws and regulations.

6.

Copies of all certificates shall be kept on file in the community development department for public inspection, with copies of a certificate furnished on request, to any person having a proprietary or tenant interest in the structure.

7.

Fees shall not be charged for a certificate of occupancy.

(Ord. No. 1869, § 2, 2-20-2013)

Chapter 17.42 - PERMIT IMPLEMENTATION, TIME LIMITS, AND EXTENSIONS

This chapter provides requirements for the implementation or "exercising" of the permits required by this development code, including time limits, and procedures for extensions of time.

(Ord. No. 1869, § 2, 2-20-2013)

The approval of a land use permit (e.g., site plan and architectural approval, planned development permit, temporary use permit, use permit, or variance) shall become effective on the 11th business day following the date of application approval by the appropriate review authority, where no appeal of the review authority's action has been filed in compliance with Chapter 17.70 (Appeals).

(Ord. No. 1869, § 2, 2-20-2013)

A permit applicant may be required by conditions of approval or by action of the director to provide adequate security to guarantee the faithful performance and proper completion of any approved work, and/or compliance with conditions of approval imposed by the review authority. The provisions of this section apply to performance guarantees for projects authorized by any of the land use permits required by this development code.

A.

Form and Amount of Security. The required security shall be in a form approved by the director, upon recommendation of the city attorney. The amount of security shall be as determined by the director to be necessary to ensure proper completion of the work and/or compliance with conditions of approval.

B.

Security for Maintenance. In addition to any improvement security required to guarantee proper completion of work, the director may require security for maintenance of the work, in an amount determined by the director to be sufficient to ensure the proper maintenance and functioning of improvements.

C.

Duration of Security. Required improvement security shall remain in effect until final inspections have been made and all work has been accepted by the director, or until any warranty period required by the director has elapsed. Maintenance security shall remain in effect for one year after the date of final inspection.

D.

Release or Forfeit of Security.

1.

Upon satisfactory completion of work and the approval of a final inspection (or after the end of the required time for maintenance security), the improvement and/or maintenance deposits or bonds shall be released.

2.

Upon failure to complete the work, failure to comply with all of the terms of any applicable permit, or failure of the completed improvements to function properly, the city may do the required work or cause it to be

done, and collect from the permittee or surety all the costs incurred by the city, including the costs of the work, and all administrative and inspection costs.

3.

Any unused portion of the security shall be refunded to the funding source after deduction of the cost of the work by the city.

(Ord. No. 1869, § 2, 2-20-2013)

17.42.040 - Time limits and extensions.

A.

Time Limits.

1.

Unless conditions of approval or other provisions of this development code establish a different time limit, any permit or approval granted in compliance with Chapter 17.40 (Permit Approval or Disapproval) that is not exercised within two years of its approval shall expire and become void, except where an extension of time is approved in compliance with subsection B, below.

2.

The permit shall not be deemed "exercised" until the permittee has commenced actual construction (after obtaining any required construction permit) or has actually commenced the allowed use on the subject site in compliance with the conditions of approval.

3.

For the purposes of this development code, actual construction shall mean the placing of construction materials in a permanent manner, excavation of a basement, or demolition of existing structures preparatory to rebuilding; provided, that in all cases construction work shall be diligently pursued until completion of the subject structure(s).

4.

The land use permit shall remain valid after it has been exercised as long as a building permit is active for the project, or a final building inspection or certificate of occupancy has been granted.

5.

If a project is to be developed in approved phases, each subsequent phase shall be exercised within two years from the date that the previous phase was exercised, unless otherwise specified in the permit, or the permit shall expire and be deemed void. If the project also involves the approval of a tentative map, the phasing shall be consistent with the tentative map and the permit shall be exercised before the expiration of the tentative map, or the permit shall expire and be deemed void.

B.

Extensions of Time. Upon request by the applicant, the review authority may extend the time for an approved permit to be exercised in the following manner:

1.

The applicant shall file a written request for an extension of time with the department at least ten days before the expiration of the permit, together with the filing fee required by the council's fee resolution.

2.

The burden of proof is on the permittee to establish with substantial evidence that the permit should not expire. If the review authority determines that the permittee has proceeded in good faith and has exercised due diligence in complying with the conditions in a timely manner, the review authority may grant a time extension for up to an additional one year from the date of the decision to extend the permit, provided that the review authority first finds that:

a.

The proposed extension is consistent with the general plan, and any applicable specific plan, and the overall project remains consistent with those plans as they exist at the time the extension request is being considered; and

b.

There are adequate provisions for public services and utilities (e.g., access, drainage, fire protection, sewers, water, etc.), to ensure that the proposed change would not endanger, jeopardize, or otherwise constitute a hazard to the public health, safety, or general welfare, or be injurious to the property or improvements in the vicinity and applicable zoning district.

3.

No more than one time extension shall be granted.

C.

Hearing on Expiration. At the request of the applicant, the review authority may hold a hearing on any proposed expiration of a permit, in compliance with Chapter 17.74 (Public Hearings).

(Ord. No. 1869, § 2, 2-20-2013)

A new development project or land use authorized through a permit granted in compliance with this development code shall be established only as approved by the review authority and subject to any conditions of approval, except where changes to the project are approved in compliance with this section.

A.

Request for Change. An applicant shall request desired changes in writing, and shall also furnish appropriate supporting materials and an explanation of the reasons for the request. Changes may be

requested either before or after construction or establishment and operation of the approved use.

B.

Minor Changes. The director may approve changes to an approved site plan, architecture, or the nature of the approved use if the changes:

1.

Are consistent with all applicable provisions of this development code;

2.

Do not involve a feature of the project that was specifically addressed in, or was a basis for findings in a negative declaration or environmental impact report for the project;

3.

Do not involve a feature of the project that was specifically addressed in, or was a basis for conditions of approval for the project or that was a specific consideration by the review authority in the approval of the permit; and

4.

Do not expand the approved floor area or any outdoor activity area by ten percent or more over the life of the project.

C.

Major Changes. Changes to the project that do not comply subsection B, above, shall only be approved by the review authority through a new permit application.

(Ord. No. 1869, § 2, 2-20-2013)

A land use permit granted in compliance with this chapter shall continue to be valid upon a change of ownership (e.g., of the site, structure, or use that was the subject of the permit application), provided that the use remains in compliance with all applicable provisions of this development code and any conditions of approval.

(Ord. No. 1869, § 2, 2-20-2013)

A.

Resubmittals Prohibited within Twelve Months. For a period of twelve months following the disapproval or revocation/modification of a discretionary land use permit, entitlement, or amendment granted in compliance with this development code, no application for the same or substantially similar discretionary permit, entitlement, or amendment for the same site shall be filed.

B.

Director's Determination. The director shall determine whether the new application is for a discretionary land use permit or other approval which is the same or substantially similar to the previously disapproved or revoked permit, entitlement, or amendment.

C.

Appeal. The determination of the director may be appealed to the commission, in compliance with Chapter 17.70 (Appeals).

D.

Council Waiver. The council may waive the prohibition in subsection A, above if the council finds that by reason of changed legal, physical, or sociological circumstances, reconsideration would be in the best interests of the city.

(Ord. No. 1869, § 2, 2-20-2013)

17.42.080 - Covenants of easements.

A.

Applicability. When necessary to achieve the land use goals of the city, the city may require a property owner holding property in common ownership to execute and record a covenant of easement in favor of the city, in compliance with Government Code Sections 65870 et seq.

1.

A covenant of easement may be required to provide for emergency access, landscaping, light and air access, ingress and egress, parking, solar access, or for open space.

2.

The covenant of easement may be imposed as a condition of approval by the review authority.

B.

Form of Covenant. The form of the covenant shall be approved by the city attorney, and the covenant of easement shall:

1.

Describe the real property to be subject to the easement;

2.

Describe the real property to be benefited by the easement;

Identify the city approval or permit granted which relied on or required the covenant; and

4.

Identify the purpose(s) of the easement.

C.

Recordation. The covenant of easement shall be recorded in the county recorder's office.

D.

Effect of Covenant. From and after the time of its recordation, the covenant of easement shall:

1.

Act as an easement in compliance with state law (Chapter 3 (commencing with Section 801) of Title 2 of Part 2 of Division 2 of the Civil Code), except that it shall not merge into any other interest in the real property. Civil Code Section 1104 shall be applicable to the conveyance of the affected real property; and

2.

Impart notice to all persons to the extent afforded by the recording laws of the state. Upon recordation, the burdens of the covenant shall be binding on, and the covenant shall benefit, all successors-in-interest to the real property.

E.

Enforceability of Covenant. The covenant of easement shall be enforceable by the successors-in-interest to the real property benefited by the covenant and the city. Nothing in this section creates standing in any person, other than the city, and any owner of the real property burdened or benefited by the covenant, to enforce or to challenge the covenant or any requested amendment or release.

F.

Release of Covenant. The release of the covenant of easement may be effected by the commission, or the council on appeal, following a noticed public hearing in compliance with Chapter 17.74 (Public Hearings).

1.

The covenant of easement may be released by the city, at the request of any person, including the city or an affected property owner, on a finding that the covenant, on the subject property, is no longer necessary to achieve the land use goals of the city.

2.

A notice of the release of the covenant of easement shall be recorded by the director with the county recorder's office.

G.

Fees. The city shall impose fees to recover the city's reasonable cost of processing a request for a release. Fees for the processing shall be established by the council's fee resolution.

(Ord. No. 1869, § 2, 2-20-2013)