Lodi Municipal Code Ch. 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)

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.

3. "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 thirty-five 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.

12. "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.

2. 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.

1. 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.

2. 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.

4. 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 right-of-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.

2. 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);

3. 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 twenty-five 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 free-standing 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 one-bedroom 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.

1. 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.

1. "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.

10. "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)

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:

1. "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 city-owned 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.

2. 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-of-way 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)

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;

3. 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;

13. 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.

3. 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).

10. 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.

2. 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)

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)