§ 36-18. Special Provisions.

The regulations in this section shall apply in all zoning districts. Where conflict between regulations

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City of Oakdale, CA § 36-18.1

ZONING

§ 36-18.6

occurs, the regulations in this section shall apply.

If a use is not specifically provided for as a principal or conditional use in one (1) of the zoning districts, the Planning Commission shall determine the zoning district in which it is first allowed. The determination shall be based on comparable uses which are listed and reference documents such as the Standard Industrial Classification Manual may be used. Where there are comparable uses in more than one (1) zoning district, the use shall first be permitted in the most restrictive zoning district.

• A. The order of restrictiveness for zoning districts, from most to least restrictive is: H-C, O-S, R-A, R-1, R-2, R-3, C-1, C-C, C-2, L-M, M-1, M-2.

• B. The restrictiveness of use in a P-D Zoning district shall be based on that zoning district which most closely resembles those uses permitted in the P-D Zoning district.

If ambiguity exists regarding the provisions of this chapter, the Planning Commission by resolution shall make the determination as to meaning.

• A. Temporary construction buildings at a building site are permitted through the issuance of a Building Permit and shall be removed at the end of construction, or once all lots and/or dwelling units are sold, rented, or leased.

• B. Temporary tract (real estate) offices are permitted through the issuance of a Conditional Use Permit and shall be removed once ninety (90) percent of the lots and/or dwelling units are sold, rented, or leased in an approved phase of development. Use of an off-street enclosed parking space (i.e., garage) as a temporary office shall be terminated upon occupancy of the residence and the garage returned to its original use for vehicle parking.

• A. Purpose. This Section establishes procedures for the granting of ministerial Temporary Use Permits for short-term activities.

• B. Applicability. A Temporary Use Permit allows the short-term activities listed in Subsection E. (Allowed Temporary Uses) that may not comply with the normal development standards of the applicable zoning district, but may otherwise be acceptable because of their temporary nature.

• C. Review Authority. Temporary Use Permits may be approved or disapproved by the Director, in compliance with this section.

• D. Exempt Temporary Activities. The following temporary activities are allowed without a Temporary Use Permit.

  1. Construction buildings. Temporary construction buildings or trailers used for an office for

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City of Oakdale, CA § 36-18.6

OAKDALE CITY CODE

§ 36-18.6

approved construction projects are subject to § 36-18.5.

2. Emergency facilities. Emergency public health and safety facilities and activities.

3. Garage sales. Garage sales pursuant to Section 16-20.

4. Public property. Activities conducted on City owned properties that are authorized by the City.

• E. Temporary Uses. A Temporary Use Permit may authorize the following temporary activities within the specified time limits, but in no event for more than twelve (12) months. Other temporary or shortterm activities that do not fall within the categories defined below shall instead comply with the planning permit requirements and development standards that otherwise apply to the property.

  1. Model homes. A model home or model home complex may be authorized prior to the completion of sales in a residential subdivision.

  2. Certified farmers' market. A certified farmers' market may be allowed within the commercial zoning districts.

  3. Temporary structures. A temporary classroom, office or similar structure, including a manufactured or mobile unit, may be approved for a maximum of one (1) year from the date of approval, as an accessory use or as the first phase of a development project. An extension of one (1) year may be granted by the Director. A temporary structure proposed for a longer time period shall comply with all provisions of this Zoning Code applicable to a permanent structure on the same site.

  4. Promotional sale associated with permanent on-site use. A promotional sale is permitted for thirty (30) days at a grand opening and for ten (10) days per year thereafter.

  5. Seasonal sales. Seasonal sales (i.e., Christmas trees, fireworks, pumpkins, flowers on holidays, etc.) are permitted for up to forty-five (45) days.

  6. Similar temporary activities. A temporary activity (i.e., carnivals, community events, etc.) that the Director determines is compatible with the applicable zoning district and surrounding land uses.

7. Special events. The Director may approve a Temporary Use Permit for a special event in any zone for no more than twelve (12) days within any six-month period. A Temporary Use Permit is not required when the event:

   • a. Is conducted within a shopping center; or

   • b. Is in a completely enclosed building in a commercial or residential zone; or

   • c. Is in a building designed and approved for public assembly; and

   • d. Will not occur after 9:00 p.m., and will not be attended by more than one hundred (100) persons.

   8. Mobile Food Vendor, as specified in Section § 36-29. [Added 8-2-2021 by Ord. No. 1276]

   9. Storage containers. Storage containers are allowed in commercial zones with the approval of a Temporary Use Permit subject to the following development standards:

      • a. Number of containers allowed. One (1) container for a temporary storage of merchandise

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City of Oakdale, CA § 36-18.6

ZONING

§ 36-18.6

is allowed. One (1) additional container may be allowed if the user's business exceeds one hundred thousand (100,000) square feet of gross floor area.

• b. Multi-tenant sites. For sites with multiple tenants, the City may limit the number of containers within the center or within an area.

• c. Allowable container size. The container may not exceed forty (40) feet in length or four hundred (400) square feet per container.

• d. Permit time limit. No more than one (1) Temporary Use Permit may be allowed per calendar year. At no time shall a container be kept on site for more than ninety (90) consecutive days, except that containers allowed for construction activities may be permitted until such time the construction activities are completed. Temporary storage containers, except containers allowed as construction activities, not removed by the end of the ninety (90) day period may be issued a fine for each day over the allowed ninety (90) days that the container remains on the site, unless an extension is obtained from the Director.

• e. Allowable location. The container shall be placed in the least conspicuous location available. The final location shall be determined by the Director.

  • (1) The storage containers shall be placed on a level concrete or asphalt surface at all times.

  • (2) Storage containers shall not be stacked on top of another container.

  • (3) To the maximum extent possible, the storage containers should not be visible to the motoring public or from residential neighborhoods immediately adjacent to the property where they are located. The containers may be required to be screened by use of temporary fencing or some other method if the containers are visible from public rights-of-way or residences, as determined by the Director.

• f. Other development standards. The storage containers shall be used as an accessory to a primary use, located in an enclosed adjoining building.

  • (1) The containers must be maintained in good condition as they were originally approved so as not to become unsightly or a nuisance.

• (2) A storage container shall not remain on a site if the use it is appurtenant to becomes abandoned.

  • (3) No signage shall be allowed on containers.

• F. Development Standards. The Director may apply conditions of approval based on the type of temporary use using the requirements of the applicable zoning district for guidance:

  1. Measures for removal of the activity and site restoration, to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this Zoning Code.

  2. Limitation on the duration of approved "temporary structures," to a maximum of one (1) year, so that they shall not become permanent or long-term structures.

  3. Limitation on the hours of operation to address noise, light traffic and other impacts on adjacent uses.

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City of Oakdale, CA § 36-18.6

OAKDALE CITY CODE

§ 36-18.6

4. No vendor sales and/or structure shall be located in the public right-of-way or impede the safety or movement of pedestrians on a sidewalk.

5. All uses shall be located in such a manner that they will not impede the normal use of driveways or circulation aisles, nor be located in a manner that encourages customers to stop in the street, driveway or circulation aisle to obtain vendor service.

6. Vendor sales activity and display shall be restricted to the immediate confines of the temporary stand or structure, or area approved as part of the permit.

7. The use and its location shall be maintained in a litter free and sanitary condition with refuse containers provided on site.

8. Permits shall be obtained for any proposed construction, electrical service, or plumbing required to serve the temporary uses.

9. Other requirements as appropriate to minimize any adverse impacts of the use.

• G. Application Filing and Processing. An application for a Temporary Use Permit shall be submitted to the Community Development Department on a City application form along with applicant processing fees. A nonprofit organization shall not be required to pay a fee for the Temporary Use Permit, provided that the organization requests no more than one (1) permit per year.

• H. Project Review, Notice and Hearing. Each application shall be reviewed by the Director to ensure that the proposal complies with all applicable requirements of this Zoning Code. Public notice and a hearing are not required prior to a decision on a Temporary Use Permit unless the Director determines that a hearing should be conducted. In the event that a hearing is required, notice shall be provided and the hearing shall be conducted by the Director in compliance with § 36-22, Hearing and Appeals.

• I. Findings, Conditions and Decision. A Temporary Use Permit may be approved by the Director only after the Director first finds that the requested activity complies with applicable standards, and therefore, that the establishment, maintenance, or operation of the temporary activity would not be detrimental to the public health, safety, or welfare of persons residing or working in the neighborhood of the proposed activity. The Director may attach such conditions which he/she determines to be reasonably necessary in connection with the hours of operation, parking, lighting, amplified sound or any other conditions in order to prevent the creation of any nuisance to the adjacent properties.

• J. Appeals. Any persons wishing to appeal the decision of the Director in issuing, refusing to issue or conditioning such permit may appeal such action to the Planning Commission within three (3) calendar days of the date of any such action. Such appeal shall be in writing stating the grounds therefor. The Planning Commission shall give notice of such appeal, and the date which it shall be heard, in writing to the applicant for such permit. Upon the hearing of such matter, the Planning Commission, upon majority vote of its members, may:

  1. Grant the permit as requests or as changed or modified when deemed to be in the public interest; or

  2. Deny the permit as requested when such denial is deemed to be in the public interest.

• K. Condition of the Site Following Temporary Activity. Each site occupied by a temporary activity shall be cleaned of debris, litter, or other evidence of the temporary activity on completion or removal of the activity, and shall thereafter be used in compliance with the provisions of this Zoning Code. Securities in an amount and form approved by the Director may be required before initiation of the

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City of Oakdale, CA § 36-18.6

ZONING

§ 36-18.7

activity to ensure cleanup after the activity is finished.

§ 36-18.7. Special Provisions for Recreation Vehicles, Trucks. Truck Trailers and Off-Site Parking for Commercial and Residential Uses. [Ord. No. 985, Exh. A, 1991; Ord. No. 1021, § 3, 1995.]

• A. Permitted Locations of Recreational Vehicles. It shall be unlawful for any person to keep or maintain, or permit to be placed, kept, or maintained any recreational vehicle, boat, trailer or oversized truck upon any lot, piece, or parcel of land except as follows:

  1. Within a residential zoning district:

• a. Any number wholly within a structure lawfully existing on the premises. A maximum of two (2) recreational vehicles in addition to those kept pursuant to Subsection a hereof upon any lot, piece or parcel of land provided all of the following:

  • b. A maximum of two (2) recreational vehicles in addition to those kept pursuant to Subsection a hereof upon any lot, piece or parcel of land provided all of the following:

    • (1) No portion of said recreational vehicle overhangs any portion of the public sidewalk or lacking a public sidewalk, no portion of said recreational vehicle is within five (5) feet of the curb, or if no curb, ten (10) feet from the roadway pavement.

    • (2) No portion of said recreational vehicle, boat, trailer or similar vehicle constitutes a "Vision Obstruction" as follows: There shall be a clear vision triangle on either side of a driveway intersecting with a sidewalk. The triangle is an area bounded by the sidewalk and the driveway and a line connecting them ten (10) feet from their intersection. When either the street or driveway is curvilinear, measurement shall be taken from the point of intersection using a ninety (90) degree angle which most closely aligns to both the driveway and street line. Within both triangles on either side of the driveway the area between three (3) and eight (8) feet in height as measured from the top of the curb adjacent to the driveway shall be clear of vision obstructions.

  • c. Any number within a mobile home park or trailer park.

  2. Within a nonresidential zoning district:

     • a. Any number within a mobile home park or a trailer park.

     • b. Any number for storage, sale or business use as permitted in such zoning district.

  3. Definitions of terms used in this section.

     • a. STORE, STORAGE — The placement, keeping or maintaining, or permitting to be placed, kept, or maintained of any recreational vehicle, boat, trailer, oversized truck or similar vehicle upon any lot contrary to the vision obstruction provisions of this section for a period longer than seventy-two (72) hours.

     • b. RECREATION VEHICLE —

       • (1) Recreational vehicles affected by these provisions include a motor home or mounted camper which is not more than seventy-eight (78) inches in height and seventy-two (72) inches in width shall be exempt from the provisions of this section.

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City of Oakdale, CA § 36-18.7

OAKDALE CITY CODE

§ 36-18.11

• (2) Recreational vehicle, boat, trailer or similar vehicle also includes buses, container cargo units, and storage trailers motorized or nonmotorized or any other type of portable structure without permanent foundation.

• c. OVERSIZED TRUCKS — Commercial vehicles, not intended to include pickup trucks and vans having a gross weight of less than ten thousand (10,000) pounds.

• B. Permitted Locations of Trucks and Truck Trailers. It shall be unlawful for any person to place, keep or maintain, or permit to be placed, kept or maintained, any truck or truck trailer in any residential zoning district of the City, except for pickup or delivery service, or public agency or utility company vehicle while used on official business, or as part of the operation of a legally existing nonconforming use; provided that in no case shall such truck or truck trailer be parked at any location in the residential zoning district longer than required for such pickup, delivery service, and/or official business, other than within the grounds of a legally existing, nonconforming use located within the residential zoning district and of which operation of the truck or trailer is a part.

Notwithstanding the minimum yard requirements established for the various districts, special building lines are as follows:

• A. A minimum of thirty-five (35) feet from the face of the curb on "F" Street, from Sixth Avenue to Johnson Avenue.

• B. A minimum of seventy (70) feet from the physical center line of "F" Street from Stanislaus Avenue on the north and from Wood Avenue on the south, to the westerly City limits.

• C. A minimum of forty-seven (47) feet from the physical center line of "F" Street, from First Avenue westerly to Stanislaus Avenue on the north and to Wood Avenue on south side of "F" Street.

• D. Notwithstanding the minimum front and side yard requirements for the various districts, the minimum requirements for front and side yards abutting the south side of Poplar Street between California Avenue and First Avenue shall be a minimum of fifty (50) feet from the official center line of Poplar Street.

• E. A minimum of seventy (70) feet from the physical center line of "F" Street from Johnson to the easterly City limits.

Notwithstanding any other provisions in this section, no building or structure which serves vehicles or vehicle occupants, such as gasoline, air and water dispensing facilities, and drive-up windows, shall be closer than fifteen (15) feet to any property line or fifteen (15) feet to any other building or structure. A canopy or extended roof may extend to the setback lines, and/or side lot lines.

All departments, officials or public employees vested with the duty or authority to issue permits or licenses

6. Editor's Note: Former section 36-18.8, Permitted Locations of Trucks and Truck Trailers, previously codified herein was moved to § 36-18.7, Subsection B, pursuant to Ordinance No. 985.

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City of Oakdale, CA § 36-18.11

ZONING

§ 36-18.17

where required by law shall conform to the provisions of this chapter. No license or permit for uses, buildings, or purposes where the same would be in conflict with the provisions of this chapter, shall be issued. Any license or permit, if issued in conflict with the provisions hereof, shall be null and void.

• A. The City Administrator, the Community Development Director, the Public Works Director, Chief of Police, and Building Inspector are hereby designated and authorized as the officers charged with the enforcement of this chapter. They shall enforce all of the provisions of this chapter, and their failure to do shall not legalize any violation of such provisions. No permit shall be issued or approved unless the plans of and for the proposed erection, construction, reconstruction, alterations, and use, fully conform to all provisions of this chapter.

• B. In addition to any other remedy provided by law, whenever any building, structure, or land is being used or occupied contrary to the provisions of this chapter, the City Administrator, the Community Development Director, the Public Works Director, Chief of Police, and Building Inspector may order the use or occupancy discontinued and the building, structure, or land or portion thereof to be vacated by serving notice on any person or persons causing the use or occupancy to be continued. The person or persons shall discontinue the use or occupancy within ten (10) days after the receipt of a notice, or make the use of the building, structure, or land or portion thereof comply with the requirements of this chapter. The City Administrator, the Community Development Director, the Public Works Director, Chief of Police, and Building Inspector may allow more than ten (10) days for compliance and designate a compliance date deemed reasonable under the circumstances. A notice and order shall be stayed pending the completion of any appeal therefrom or any request for a variance.

It shall be unlawful to violate or fail to perform any condition, requirements, and/or restriction placed on any 0-S, H-C, or P-D zoning district, Use Permit, Variance, Site Plan, or other similar action.

Any Use Permit, Variance, Site Plan, or other similar actions granted by the Director, Site Plan Review Committee, Planning Commission and/or City Council shall become null and void if not exercised within the time specified in the approval action. If a time is not specified in the approval action, it shall become null and void after eighteen (18) months from the date of approval.

If changes to a Use Permit, Variance, Site Plan or other similar actions are requested and such changes do not involve new uses, significant impact on adjacent property, or significant site redesign in the opinion of the Director, said request(s) may be approved by the Site Plan Review Committee only if said Committee had jurisdiction over the original decision. Otherwise, the request will be without a public hearing.

Any project allowed by Use Permit, Variance, Site Plan, H-C or P-D Zoning district, or other similar action shall be developed and maintained in conformance with the conditions, requirements, and/or restrictions of the approving action and any subsequent modifications by the Director, Site Plan Review Committee, Planning Commission, or City Council.

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City of Oakdale, CA § 36-18.17

OAKDALE CITY CODE

§ 36-18.19

In reviewing any proposed development, the Director, Site Plan Review Committee, Planning Commission, and/or City Council may use Design Standards as may be adopted from time-to-time by the City Council. Design Standards shall be in a written format available to the public, upon request, not less than thirty (30) days prior to use of said Standards.

The operation of any land use shall not cause an unreasonable amount of noise, odor, dust, mud, vibration, and/or electrical interference detectable off the premises.

§ 36-18.19. Nonconforming Uses. [Ord. No. 911, §§ 6, 7, 1987.]

The following provisions shall apply to those uses lawfully existing as of the effective date of this chapter wherein the use has become nonconforming by virtue of the regulations prescribed for the particular zoning district in which the land, building, and/or activity is located; or those uses made nonconforming by virtue of rezoning, annexation, and/or amendment of this chapter. These provisions do not apply in Residential Zoning Districts to residential units existing at the time of the adoption of the ordinance from which this chapter derives. Said residential units shall not be considered nonconforming by virtue of lot area, yard width or depth regulations, lot coverage, or parking requirements.

• A. Continuing Existing Buildings and Uses: Except as hereinafter provided, any use of land, building or structure, lawfully existing at the time of the adoption of this chapter may be continued, even though such use, building, or structure may not conform to the provisions of this section of the zoning district in which it is located.

• B. Nonconforming Buildings and Structures:

  1. Maintenance and Repair. A nonconforming building or structure may be maintained or repaired as required to keep the building or structure in sound condition, provided however, that no structural alterations shall be made except those required by the Building Inspector.

  2. Additions and Enlargements. No building or structure nonconforming as to use may be added to or enlarged unless such nonconforming building or structure and the additions and enlargements thereto and the use thereof, are all made to conform to the regulations of the zoning district in which it is located.

  3. Relocation. A nonconforming building shall not be moved to any other lot or to any other portion of the lot on which it is presently located unless as a result of the move, the building shall conform to the regulations of the zoning district in which it will be located after the move.

  4. Restoration - Damaged Buildings. A nonconforming building or structure which is damaged or destroyed may be restored and the occupancy or use of such building or structure may be continued or resumed, provided such restoration is started within a period of one (1) year and is diligently prosecuted to completion.

• C. Nonconforming Use of Buildings:

  1. Extension of Use. A nonconforming use may not be extended to other parts of a building unless a Use Permit is obtained pursuant to § 36-20.

  2. Change of Use. The nonconforming use of a building may be changed to another

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City of Oakdale, CA § 36-18.19

ZONING

§ 36-18.20.2

nonconforming use, which, in the determination of the Planning Commission, is of the same or of a more restrictive nature, subject to a Use Permit pursuant to § 36-20.

• D. Vacancy. Any nonconforming use of land and/or building or structure which becomes vacant and remains unoccupied for a continuous period of six (6) months shall not thereafter be occupied except by a use which conforms to the use regulations of the zoning district in which it is located.

§ 36-18.20.1. Purpose and Intent. [Ord. No. 1132, § 2, Exh. A.]

In accordance per the applicable sections of the California Government Code, this section is intended to provide incentives for the production of housing for very low and, low income, and senior households; and moderate income households residing in condominium and planned development projects. In enacting this section, it is also the intent of the City of Oakdale to facilitate the development of affordable housing and to implement the goals, objectives, and policies of the City's Housing Element.

§ 36-18.20.2. Definitions. [Ord. No. 1132, § 2, Exh. A.]

Whenever the following terms are used in this section, they shall have the meaning established by this section:

AFFORDABLE OWNERSHIP COST — Monthly housing payments during the first calendar year of a household's occupancy, including interest, principal, mortgage insurance, property taxes, homeowners insurance, property maintenance and repairs, a reasonable allowance for utilities, and homeowners association dues, if any, not exceeding the following:

1. Moderate Income Units: One hundred ten (110%) percent of the area median income, adjusted for assumed household size based on unit size, multiplied by thirty-five (35%) percent and divided by twelve (12).

The assumed household size shall be one (1) person in a studio apartment, two (2) persons in a one (1) bedroom unit, three (3) persons in a two (2) bedroom unit, and one (1) additional person for each additional bedroom.

AFFORDABLE RENT — Monthly housing expenses, including all fees for housing services and a reasonable allowance for utilities, not exceeding the following:

1. Very Low Income Units: Fifty (50%) percent of the area median income, adjusted for assumed household size based on unit size, multiplied by thirty (30%) percent and divided by twelve (12).

2. Low Income Units: Sixty (60%) percent of the area median income, adjusted for assumed household size based on unit size, multiplied by thirty (30%) percent and divided by twelve (12).

The assumed household size shall be 0.75 person in a single room occupancy unit, one (1) person in a studio apartment, two (2) persons in a one (1) bedroom unit, three (3) persons in a two (2) bedroom unit, and one (1) additional person for each additional bedroom.

AREA MEDIAN INCOME — Area median income for Stanislaus County as published pursuant to California Code of Regulations.

7. Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 954 and 960.

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City of Oakdale, CA § 36-18.20.2

OAKDALE CITY CODE

§ 36-18.20.2

CHILD CARE FACILITY — 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.

CONDOMINIUM PROJECT — A housing development as defined per the applicable sections of the California Civil Code, not including the conversion of existing rental apartments to condominiums.

DENSITY BONUS — A density increase over the otherwise allowable maximum residential density, as described in § 36-18.20.3.

DENSITY BONUS HOUSING AGREEMENT — A recorded agreement between a developer and the City as described in § 36-18.20.10 of this section to ensure that the requirements of this article are satisfied. The agreement, among other things, shall establish the number of target units, their size, location, terms and conditions of affordability, and production schedule.

DENSITY BONUS UNITS — Those residential units granted pursuant to the provisions of this section which exceed the otherwise allowable maximum residential density for the development site.

DEVELOPMENT STANDARD — Any site or construction condition that applies to a residential development pursuant to any ordinance, general plan element, specific plan, or other local condition, law, policy, resolution, or regulation. "Site and construction conditions" means standards that specify the physical development of a site and buildings on the site in a housing development.

HOUSING DEVELOPMENT — Construction projects consisting of five (5) or more residential units, including single family and multifamily units, for sale or for rent. For the purposes of this section, "housing development" also includes a subdivision, planned unit development, or condominium project consisting of five (5) or more residential units or unimproved residential lots, the substantial rehabilitation and conversion of an existing commercial building to residential use, and the substantial rehabilitation of an existing multifamily dwelling, where the rehabilitation or conversion would create a net increase of at least five (5) residential units.

INCENTIVES OR CONCESSIONS — Such regulatory concessions as listed in § 36-18.20.8.

LOW INCOME HOUSEHOLD — Households whose income does not exceed the low income limits applicable to Stanislaus County, as published and periodically updated by the State Department of Housing and Community Development pursuant to the applicable sections of the California Health and Safety Code.

MAXIMUM RESIDENTIAL DENSITY — The maximum number of residential units permitted by the City's Zoning Ordinance on the date the application is deemed complete.

MODERATE INCOME HOUSEHOLD — Households whose income does not exceed the moderate income limits applicable to Stanislaus County, as published and periodically updated by the State Department of Housing and Community Development pursuant to the applicable sections of the California Health and Safety Code.

NON-RESTRICTED UNIT — All units within a housing development excluding the target units.

QUALIFYING RESIDENT — Senior citizens or other persons eligible to reside in a senior citizen housing development.

PLANNED DEVELOPMENT — A development (other than a community apartment project, a condominium project, or a stock cooperative) having either or both of the following features:

1. The common area is owned either by an association or in common by the owners of the separate interests who possess appurtenant rights to the beneficial use and enjoyment of the common area.

2. A power exists in the association to enforce an obligation of an owner of a separate interest with respect to the beneficial use and enjoyment of the common area by means of an assessment which

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City of Oakdale, CA § 36-18.20.2

ZONING

§ 36-18.20.3

may become a lien upon the separate interests in accordance per the applicable sections of the California Civil Code.

SENIOR CITIZEN HOUSING DEVELOPMENT — A housing development as defined per the applicable sections of the California Civil Code.

TARGET UNIT — A dwelling unit within a housing development which will be reserved for sale or rent to, and is made available at an affordable rent or affordable ownership cost to, very low, low, or moderate income households, or is a unit in a senior citizen housing development.

VERY LOW INCOME HOUSEHOLD — Households whose income does not exceed the very low income limits applicable to Stanislaus County, as published and periodically updated by the State Department of Housing and Community Development pursuant to the applicable sections of the California Health and Safety Code.

§ 36-18.20.3. Calculation of Density Bonus and Number of Incentives and Concessions. [Ord. No. 1132, § 2 Exh. A.]

• A. Subject to the findings included in § 36.18.20.9, the City shall grant a density bonus to a developer of a housing development who seeks a density bonus and agrees to construct at least one of the following:

  1. Ten (10%) percent of the total units of the housing development as target units affordable to low income households; or

  2. Five (5%) percent of the total units of the housing development as target units affordable to very low income households; or

  3. A senior citizen housing development; or

  4. Ten (10%) percent of the total units of a newly constructed condominium project or planned development as target units affordable to moderate income households.

• B. In determining the number of density bonus units to be granted pursuant to Subsection A of this section, the maximum residential density for the site shall be multiplied by 0.20 for Subsections A1, 2, and 3 and 0.05 for Subsection A4, unless a lesser number is selected by the developer.

  1. For each one (1%) percent increase above ten (10%) percent in the percentage of units affordable to low income households, the density bonus shall be increased by one and one-half (1.5%) percent up to a maximum of thirty-five (35%) percent.

  2. For each one (1%) percent increase above five (5%) percent in the percentage of units affordable to very low income households, the density bonus shall be increased by two and one-half (2.5%) percent up to a maximum of thirty-five (35%) percent.

  3. For each one (1%) percent increase above ten (10%) percent of the percentage of units affordable to moderate-income households, the density bonus shall be increased by one (1%) percent up to a maximum of thirty-five (35%) percent. When calculating the number of permitted density bonus units, any calculations resulting in fractional units shall be rounded to the next larger integer.

• C. The density bonus units shall not be included when determining the number of target units required to qualify for a density bonus. When calculating the required number of target units, any calculations resulting in fractional units shall be rounded to the next larger integer. The density bonus shall apply

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City of Oakdale, CA § 36-18.20.3

OAKDALE CITY CODE

§ 36-18.20.3

to housing developments consisting of five (5) or more dwelling units.

• D. The developer may request a lesser density bonus than the project is entitled to, but no reduction will be permitted in the number of required target units pursuant to Subsection A above. Regardless of the number of target units, no housing development may be entitled to a density bonus of more than thirty-five (35%) percent.

• E. Subject to the findings included in § 36.18.20.9, when a developer seeks a density bonus, the City shall grant incentives or concessions listed in § 36.18.20.8 as follows:

  1. One (1) incentive or concession for projects that include at least ten (10%) percent of the total units for low income households, at least five (5%) percent for very low income households, or at least ten (10%) percent for persons and families of moderate income in a condominium or planned development.

  2. Two (2) incentives or concessions for projects that include at least twenty (20%) percent of the total units for low income households, at least ten (10%) percent for very low income households, or at least twenty (20%) percent for persons and families of moderate income in a condominium or planned development.

  3. Three (3) incentives or concessions for projects that include at least thirty (30%) percent of the total units for low income households, at least fifteen (15%) percent for very low income households, or at least thirty (30%) percent for persons and families of moderate income in a condominium or planned development.

• F. Each housing development is entitled to only one (1) density bonus, which may be selected based on the percentage of either very low income target units, low income target units, or moderate income target units, or the project's status as a senior citizen housing development. Density bonuses from more than one category may not be combined.

• G. In accordance with State law, neither the granting of a concession or incentive nor the granting of a density bonus shall be interpreted, in and of itself, to require a General Plan amendment, zoning change, or other discretionary approval.

• H. The following tables summarize this information:

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----- Start of picture text -----
Density Bonus Summary Table
Additional Bonus % Target Units
for Each 1% Required for
Minimum % Bonus Increase in Target Maximum 35%
Target Group Target Units Granted Units Bonus
Very Low Income 5% 20% 2.5% 11%
Low Income 10% 20% 1.5% 20%
Moderate Income (Condo or 10% 5% 1% 40%
PD only)
Senior Citizen Housing 100% 20% — —
Development
----- End of picture text -----

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City of Oakdale, CA

ZONING

§ 36-18.20.3

§ 36-18.20.4

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----- Start of picture text -----
Incentives/Concessions Summary Table
Target Group Target Units
Very Low Income 5% 10% 15%
Low Income 10% 20% 30%
Moderate Income (Condo or PD only) 10% 20% 30%
Maximum Incentive(s)/Concession(s) 1 2 3
Note: A concession or incentive may be requested only if an application is also made for a density
bonus, except for child care facilities pursuant to § 36-18.20.5.
----- End of picture text -----

§ 36-18.20.4. Land Donation. [Ord. No. 1132, § 2, Exh. A.]

• A. When a developer of a housing development donates land to the City as provided for in this section, the developer shall be entitled to a fifteen (15%) percent increase above the otherwise maximum allowable residential density under the applicable Zoning Ordinance and land use element of the General Plan for the entire development. For each one (1%) percent increase above the minimum ten (10%) percent land donation described in Subsection B2 of this section, the density bonus shall be increased by one (1%) percent, up to a maximum of thirty-five (35%) percent. This increase shall be in addition to any increase in density allowed by § 36-18.20.3, up to a maximum combined density bonus of thirty-five (35%) percent if a developer seeks both the increase required pursuant to this section and § 36-18.20.3. When calculating the number of permitted density bonus units, any calculations resulting in fractional units shall be rounded to the next larger integer.

• B. A housing development shall be eligible for the density bonus described in this section if the City makes all of the following findings:

  1. The developer will donate and transfer the land no later than the date of approval of the final subdivision map, parcel map, or development application for the housing development.

  2. The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount not less than ten (10%) percent of the number of residential units of the proposed development, or will permit construction of a greater percentage of units if proposed by the developer.

3. The transferred land is at least one acre in size or of sufficient size to permit development of at least forty (40) units, has the appropriate General Plan designation, is appropriately zoned for development as very low income housing, and is now or at the time of construction will be served by adequate public facilities and infrastructure. No later than the date of approval of the final subdivision map, parcel map, or development application for the housing development, the transferred land will have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land.

   4. The transferred land and the very low income units constructed on the land will be subject to a deed restriction ensuring continued affordability of the units consistent with this section, which restriction will be recorded on the property at the time of dedication.

   5. The land will be transferred to the City Redevelopment Agency, or to a housing developer approved by the City. The City reserves the right to require the developer to identify a developer of the very low income units and to require that the land be transferred to that developer.

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City of Oakdale, CA

OAKDALE CITY CODE

§ 36-18.20.4

§ 36-18.20.7

6. The transferred land is within the boundary of the proposed housing development. The transferred land may be located within one-quarter (1/4) mile of the boundary of the proposed housing development if the local agency agrees.

§ 36-18.20.5. Child Care Facilities. [Ord. No. 1132, § 2, Exh. A.]

• A. When a developer proposes to construct a housing development that includes target units as specified in § 35-18.20.3A and includes a child care facility that will be located on the premises of, as part of, or adjacent to the housing development, the City shall grant either of the following if requested by the developer:

  1. An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility.

  2. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility.

• B. A housing development shall be eligible for the density bonus or concession described in this section if the City makes all of the following findings:

  1. The child care facility will remain in operation for a period of time that is as long as or longer than the period of time during which the target units are required to remain affordable pursuant to § 36-18.20.7 of this section.

  2. Of the children who attend the child care facility, the percentage of children of very low income households, low income households, or moderate income households shall be equal to or greater than the percentage of dwelling units that are proposed to be affordable to very low income households, low income households, or moderate income households.

• C. Notwithstanding any requirement of this section, the City shall not be required to provide a density bonus or concession for a child care facility if it finds, based upon substantial evidence, that the community already has adequate child care facilities.

§ 36-18.20.6. Condominium Conversions. [Ord. No. 1132, § 2, Exh. A.]

• A. The City shall grant either a density bonus or other incentives of equivalent financial value if the applicant for a conversion of existing rental apartments to condominiums agrees to provide thirtythree (33%) percent of the total units of the proposed condominium project as target units affordable to low or moderate income households, or to provide fifteen (15%) percent of the total units in the condominium conversion project as target units affordable to low income households. All such target units shall remain affordable for the period specified in § 36-18.20.7.

• B. For purposes of this section, a "density bonus" means an increase in units of twenty-five (25%) percent over the number of apartments to be provided within the existing structure or structures proposed for conversion.

• C. No condominium conversion shall be eligible for a density bonus if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were previously provided pursuant to this article or the applicable sections of State Planning Law.

§ 36-18.20.7. Affordability and Development Standards. [Ord. No. 1132, § 2, Exh. A.]

• A. Target units shall be constructed concurrently with non-restricted units or pursuant to a schedule

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City of Oakdale, CA § 36-18.20.7

ZONING

§ 36-18.20.8

included in the density bonus housing agreement.

• B. Target units offered for rent for low income and very low income households shall be made available for rent at an affordable rent and shall remain restricted and affordable to the designated income group for a minimum period of thirty (30) years. A longer period of time may be specified if required by any construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program applicable to the housing development.

• C. Target units offered for sale to very low, low, or moderate income households in condominiums and planned developments shall be sold at an affordable ownership cost. The maximum resale price shall be the lower of: (1) fair market value or (2) the seller's initial purchase price, increased by the lesser of (A) the rate of increase of area median income during the seller's ownership or (B) the rate at which the consumer price index increased during the seller's ownership. The seller of the unit shall retain the market value at the time of sale of any capital improvements made by the seller, the down payment, and the seller's proportionate share of appreciation. Because this subsection limits the seller's appreciation, the seller's proportionate share of appreciation is one hundred (100%) percent.

• D. Target units shall be built on-site, unless off-site construction is approved at the City's discretion, and shall be dispersed within the housing development. The number of bedrooms of the target units shall be equivalent to the bedroom mix of the non-target units of the housing development, except that the developer may include a higher proportion of target units with more bedrooms. The design and appearance of the target units shall be compatible with the design of the total housing development. Housing developments shall comply with all applicable development standards, except those which may be modified as provided by this section.

• E. 1. Upon the request of the developer, the City shall not require a vehicular parking ratio, inclusive of handicapped and guest parking, of a development meeting the criteria of § 36-18.20.3A that exceeds the following ratios:

  • a. Zero to one (1) bedrooms: one (1) on-site parking space.

  • b. Two (2) to three (3) bedrooms: two (2) on-site parking spaces.

  • c. Four (4) and more bedrooms: two and one-half (2 1/2) on-site parking spaces.

  2. If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this section, a development may provide "on-site parking" through tandem parking or uncovered parking, but not through on-street parking.

§ 36-18.20.8. Development Standards Modified as Incentive or Concession. [Ord. No. 1132, § 2, Exh. A.]

• A. Incentives or concessions that may be requested pursuant to § 36-18.20.3E and § 36-18.20.5A may include the following:

  1. A reduction of site development standards or a modification of Zoning Code requirements or architectural design requirements which exceed the minimum building standards pursuant to the applicable sections of the California Health and Safety Code and which result in identifiable, financially sufficient, and actual cost reductions, including, but not limited to:

     • a. Reduced minimum lot sizes and/or dimensions.

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City of Oakdale, CA

OAKDALE CITY CODE

§ 36-18.20.8

§ 36-18.20.9

• b. Reduced minimum lot setbacks.

• c. Reduced minimum outdoor and/or private outdoor living area.

• d. Increased maximum lot coverage.

• e. Increased maximum building height and/or stories.

• f. Reduced minimum building separation requirements.

• g. Reduced street standards, such as reduced minimum street widths.

2. Approval of mixed use zoning in conjunction with the housing development if nonresidential land uses will reduce the cost of the housing development and if the City finds that the proposed nonresidential uses are compatible with the housing development and with existing or planned development in the area where the proposed housing development will be located.

   3. Modifications of those development standards included in § 36-18.20.7D.

   4. Deferred development impact fees (e.g., capital facilities, parkland in-lieu, park facilities, fire, or traffic impact fees).

   5. Other regulatory incentives or concessions proposed by the developer or the City which result in identifiable, financially sufficient, and actual cost reductions.

• B. Developers may seek a waiver or modification of development standards that will have the effect of precluding the construction of a housing development meeting the criteria of § 36-18.20.3A at the densities or with the concessions or incentives permitted by this section. The developer shall show that the waiver or modification is necessary to make the housing units economically feasible.

§ 36-18.20.9. Application Requirements and Review. [Ord. No. 1132, § 2, Exh. A.]

• A. An application for a density bonus, incentive, concession, waiver, modification, or revised parking standard pursuant to this section shall be submitted with the first application for approval of a housing development and processed concurrently with all applications required for the housing development. The application shall be submitted on a form prescribed by the City and shall include at least the following information:

  1. Site plan showing total number of units, number and location of target units, and number and location of proposed density bonus units.

  2. Level of affordability of target units and proposals for ensuring affordability.

  3. Description of any requested incentives, concessions, waivers or modifications of development standards, or modified parking standards. For all incentives and concessions except mixed use development, the application shall include evidence that the requested incentives and concessions result in identifiable, financially sufficient, and actual cost reductions. For waivers or modifications of development standards, the application shall show that the waiver or modification is necessary to make the housing units economically feasible and that the development standards will have the effect of precluding the construction of a housing development meeting the criteria of § 36-18.20.3A at the densities or with the concessions or incentives permitted by this section.

  4. If a density bonus or concession is requested for a land donation, the application shall show the

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City of Oakdale, CA § 36-18.20.9

ZONING

§ 36-18.20.9

location of the land to be dedicated and provide evidence that each of the findings included in § 36-18.20.4B can be made.

5. If a density bonus or concession is requested for a child care facility, the application shall show the location and square footage of the child care facilities and provide evidence that each of the findings included in § 36-18.205.B can be made.

• B. An application for a density bonus, incentive, concession, waiver, modification, or revised parking standard pursuant to this section shall be considered by and acted upon by the approval body with authority to approve the housing development. Any decision regarding a density bonus, incentive, concession, waiver, modification, or revised parking standard may be appealed to the Planning Commission and from the Planning Commission to the City Council. In accordance with State law, neither the granting of a concession, incentive, waiver, or modification nor the granting of a density bonus shall be interpreted, in and of itself, to require a general plan amendment, zoning change, variance, or other discretionary approval.

• C. Before approving an application for a density bonus, incentive, concession, waiver, or modification, the approval body shall make the following findings:

  1. If the density bonus is based all or in part on donation of land, the findings included in § 36-18.20.4B.

  2. If the density bonus, incentive, or concession is based all or in part on the inclusion of a child care facility, the findings included in § 36-18.20.5B.

  3. If the incentive or concession includes mixed use development, the finding included in § 36-18.20.8.

  4. If a waiver or modification is requested, the developer has shown that the waiver or modification is necessary to make the housing units economically feasible.

• D. If a request for a concession or incentive is otherwise consistent with this section, the approval body may deny a concession or incentive if it makes a written finding, based upon substantial evidence, of either of the following:

  1. The concession or incentive is not required to provide for affordable rents or affordable ownership costs.

  2. The concession or incentive would have a specific adverse impact upon public health or safety or the physical environment or on any real property that is listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate income households. For the purpose of this subsection, "specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application was deemed complete.

• E. If a request for a waiver or modification is otherwise consistent with this section, the approval body may deny a concession or incentive only if it makes a written finding, based upon substantial evidence, of either of the following:

  1. The waiver or modification would have a specific adverse impact upon health, safety, or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the

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City of Oakdale, CA § 36-18.20.9

OAKDALE CITY CODE

§ 36-18.20.10

specific adverse impact without rendering the development unaffordable to low- and moderateincome households. For the purpose of this subsection, "specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application was deemed complete.

2. The waiver or modification would have an adverse impact on any real property that is listed in the California Register of Historical Resources.

• F. If a density bonus or concession is based on the provision of child care facilities, the approval body may deny the bonus or concession if it finds, based on substantial evidence, that the City already has adequate child care facilities.

§ 36-18.20.10. Density Bonus Housing Agreement. [Ord. No. 1132, § 2, Exh. A.]

• A. Developers requesting a density bonus shall agree to enter into a density bonus housing agreement with the City. A density bonus housing agreement shall be made a condition of the discretionary planning permits for all housing developments pursuant to this section and shall be recorded as a restriction on any parcels on which the target units or density bonus units will be constructed.

• B. The density bonus housing agreement shall be recorded prior to final or parcel map approval, or, where the housing development does not include a map, prior to issuance of a Building Permit for any structure in the housing development. The density bonus housing agreement shall run with the land and bind on all future owners and successors in interest.

• C. The density bonus housing agreement shall include but not be limited to the following:

  1. The total number of units approved for the housing development, the number, location, and level of affordability of target units, and the number of density bonus units.

  2. Standards for determining affordable rent or affordable ownership cost for the target units.

  3. The location, unit size in square feet, and number of bedrooms of target units.

  4. Provisions to ensure affordability in accordance with Sections 36-18.20.7B and C of this section.

  5. A schedule for completion and occupancy of target units in relation to construction of nonrestricted units.

  6. A description of any incentives, concessions, waivers, or reductions being provided by the City.

  7. A description of remedies for breach of the agreement by either party. The City may identify tenants or qualified purchasers as third party beneficiaries under the agreement.

  8. Procedures for qualifying tenants and prospective purchasers of target units.

  9. Other provisions to ensure implementation and compliance with this section.

• D. In the case of for-sale housing developments, the density bonus housing agreement shall include the following conditions governing the sale and use of target units during the applicable use restriction period:

1. Target units shall be owner-occupied by eligible very low, low, or moderate income households,

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City of Oakdale, CA § 36-18.20.10

ZONING

§ 36-18.21

or by qualified residents in the case of senior citizen housing developments.

2. The purchaser of each target unit shall execute an instrument approved by the City and to be recorded against the parcel including such provisions as the City may require ensuring continued compliance with this section.

• E. In the case of rental housing developments, the density bonus housing agreement shall provide for the following:

  1. Procedures for establishing affordable rent, filling vacancies, and maintaining target units for eligible tenants.

  2. Provisions requiring verification of household incomes.

  3. Provisions requiring maintenance of records to demonstrate compliance with this subsection.

• F. Density bonus housing agreements for land dedication and child care facilities shall ensure continued compliance with all conditions included in § 36-18.20.4 and 3-18.20.5, respectively.

Conducting a business in or from a dwelling is a permitted use of an accessory nature which is subject to the following conditions:

• A. All businesses conducted within the City limits and from a dwelling shall comply with the licensing requirements for businesses in the City.

• B. Prior to receipt of a license to conduct a business in and from a dwelling, a Home Occupation Permit shall be obtained from the Site Plan Review Committee.

• C. Application for a Home Occupation Permit shall be made in writing upon an application form as prescribed by the Site Plan Review Committee and include a Filing Fee pursuant to § 36-27.

• D. The Site Plan Review Committee shall review the Home Occupation Permit Application and determine whether or not the proposed home occupation complies pursuant to the regulations of this section. The applicant may appeal any decision of the Site Plan Review Committee as provided in § 36-22 Appeals.

• E. If the Committee certifies that the proposed home occupation complies, the Home Occupation Permit shall be issued by the Committee subject to the following requirements:

  1. The person conducting the business shall reside on the premises on a regular full-time basis and the business shall be clearly incidental and secondary to the residential use.

  2. The residential appearance of the premises shall not be altered through remodeling or new construction so as to give the appearance of other than normal residential premises or to call attention to the premises.

  3. The business shall be conducted entirely within buildings designed and built for normal residential use; not more than twenty-five (25) percent of all buildings on the property shall be devoted to the home occupation; and there shall be no outside activity, storage or display.

  4. Required Off-Street Parking shall be maintained for vehicle parking purposes and shall not be converted for Home Occupation use.

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City of Oakdale, CA § 36-18.21

OAKDALE CITY CODE

§ 36-18.22

5. No parking or traffic shall be generated by the business in greater volumes than would normally be expected for a residence. In no case shall client and/or off-site employee generated traffic exceed ten (10) trips per day in any given twenty-four (24) hour time period.

6. No trucks or construction equipment shall be parked or stored on or near the premises.

7. All pick-ups and deliveries shall be made by an allowed "business vehicle." "Business vehicle" means a car, pick-up or small van used for home business purposes and driven by a person living on the premises. Parking or obstruction of public streets or ways in violation of the State Vehicle Code or City of Oakdale City Code shall not be permitted.

8. One sign not exceeding two (2) square feet, indicating the name of the occupant, and the home occupation, and affixed flat on the front of the residence shall be allowed.

9. The conduct of the home occupation business shall not create a disturbance or nuisance by reason of noise, odor, fumes, dust, vibration, smoke, electrical interference or other causes which is not commonly associated with typical residential activities. In terms of noise and consistent with the City of Oakdale Noise Element, exterior noise levels at the exterior property line shall not exceed 65 dB LDN (or CNEL).

   10. Vehicle painting, repair and/or body and fender work shall be prohibited.

   11. By affixing a signature to the Home Occupation Permit, the applicant acknowledges the Home Occupation Permit requirements, certifies compliance to those requirements, and expresses the understanding that the Home Occupation Permit may be revoked for non-compliance with any of the requirements.

• F. Revocation of a Home Occupation Permit shall be in accordance with § 36-18.30.

The following provisions shall apply to Site Plan Review Permits for Second Residential Units:

• A. Either the principal or secondary unit shall be occupied by the owner of record of the lot on which the second unit is to be situated.

• B. The maximum living area of the second residential unit shall be limited to fifty (50%) percent of the floor space of the primary unit, provided that in no case shall the living area of the second unit exceed eight hundred (800) square feet.

• C. Each second residential unit shall be constructed with a separate exterior lighted entrance.

• D. Each second residential unit shall be equipped with internally lighted house numbers which shall be located in such a manner as to be visible from the street.

• E. Second residential units may be attached or detached to the principal dwelling.

• F. Minimum lot sizes as specified in this chapter.

• G. Second residential units shall be subject to all provisions of the ordinances and rules and regulations of the City.

• H. Mobile homes for temporary use for special medical circumstances on legal land parcels containing a minimum area of six thousand (6000) square feet may be considered in the same manner as other use

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City of Oakdale, CA § 36-18.22

ZONING

§ 36-18.23

permit requests as provided for in section 36-20 of the Municipal Zoning Code provided the following findings and standards are met:

1. One mobile home (a minimum 12 feet x 40 feet in size) may be permitted by use permit when appurtenant to a single family dwelling on a parcel whether in a commercial or residential zone provided:

2. The mobile home is occupied by a member of the immediate family of the resident owner of the principal dwelling;

3. The residence is occupied by a person who is aged, infirmed or has other special medical circumstances who needs special care;

4. That the mobile home meets all yard and structure separation requirements of the R-1 district;

5. That the mobile home will not be detrimental to the neighboring uses;

6. That the owner of the mobile home will agree to remove it when these conditions are no longer met and to ensure that the mobile home is temporary in nature that a formal renewal permit shall be applied for on an annual basis and annual monitoring fee paid;

7. That a statement shall be required to be recorded on the deed title for the lot which states that the use of the mobile home does not run with the use of the land but the tenancy of the principal residence. [Ord. No. 967, § 3.]

• A. Corner Lots. In zoning districts requiring a front yard, there shall be a clear vision triangle on all corner lots. The triangle is an area bounded by the front and side street property lines and a line connecting them twenty-five (25) feet from their intersection. Within the triangle, the area between three (3) and eight (8) feet in height as measured from the top of the curb adjacent to the front yard shall be clear of vision obstructions. Trees may penetrate the clear area so long as there are no branches lower than eight (8) feet and the trunk, or trunks if there are multiple trees, do not exceed a combined width of four (4) feet. If no curb exists, the Public Works Director shall establish curb grade.

• B. Driveways. In all zoning districts, there shall be a clear vision triangle on either side of a driveway intersecting with a public street right-of-way. The triangle is an area bounded by the street property line and the driveway and a line connecting them ten (10) feet from their intersection. When either the street or driveway is curvilinear, measurement shall be taken from the point of intersection using a ninety (90) degree angle which most closely aligns to both the driveway and street line. Within both triangles on either side of the driveway the area between three (3) and eight (8) feet in height as measured from the top of the curb adjacent to the driveway shall be clear of vision obstructions. Trees may penetrate the clear area so long as there are no branches lower than eight (8) feet and the trunk, or trunks if there are multiple trees, do not exceed a combined width of four (4) feet. If no curb exists, the City Engineer shall establish curb grade.

• C. Sidewalks. In all zoning districts, no foliage or structural features shall extend into the cross visibility area between the surface of a sidewalk or public walkway and eight (8) feet in height as measured from the surface of the sidewalk or public walkway.

• D. In addition to obstructions in A, B, and/or C above, the Director may require the removal of landscaping, structures or vehicles on any lot which in his opinion constitute a hazard to vehicular or

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City of Oakdale, CA § 36-18.23

OAKDALE CITY CODE

§ 36-18.26

pedestrian traffic.

Mobile homes for recreational use that are certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, and constructed after June 15, 1976, and attached to a permanent foundation, shall be allowed on all lots permitting single-family dwellings; provided that:

• A. It has not been altered or modified in violation of applicable codes.

• B. It is located on a foundation system pursuant to Section 18551 of the California State Health and Safety Code.

• C. It is subject to all provisions of the zoning code applicable to conventional dwellings.

• D. It is covered with exterior siding customarily used on conventional dwellings.

• E. It has a roof consisting of shingles or other materials customarily used on conventional dwellings.

A mobile home park shall conform to the same design, equipment and operational requirements as any other multi-family development, and shall be subject to all of the applicable requirements of the zoning district in which it is located. In residential districts, a maximum of ten (10%) percent of the spaces can be set aside for transient use.

• A. The City hereby assumes full responsibility for enforcement of the Mobilehome Parks Act (Health and Safety Code § 18200 et seq.), the Special Occupancy Parks Act (Health and Safety Code § 18860 et seq.), and all regulations adopted thereto (Title 25, California Code of Regulations). The City of Oakdale Code Enforcement Division, under the management of the Oakdale Police Department, has qualified personnel and sufficient staffing to carry out all required enforcement activities related to codes and code enforcement. The City of Oakdale Public Services Division employs qualified personnel and sufficient staffing for permitting and inspection services of the mobilehome parks.

  1. Assumption of Responsibility. Effective July 1, 2026, the City of Oakdale hereby assumes full responsibility for enforcement of the Mobilehome Parks Act, the Special Occupancy Parks Act, and implementing regulations within the corporate limits of the City.

  2. Designated Enforcement Agency. The Oakdale Police Department, through its Code Enforcement Division, is hereby designated as the enforcement agency responsible for the administration and enforcement of the Acts and regulations.

  3. Staffing. The City currently employs two full-time code enforcement officers and supporting personnel who are trained and qualified to perform all required permitting, inspection, and enforcement duties. Additional staffing will be provided as needed to maintain full compliance.

  4. Adoption of Fees. The City hereby adopts the fee schedules established by Health and Safety Code §§ 18502–18503 and Title 25 CCR Chapter 2 for permits to operate, installation permits,

8. Editor's Note: Former § 36-18.26, Large Family Day Care Homes, previously codified herein, was repealed by Ordinance No. 992, Exh. G.

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City of Oakdale, CA § 36-18.26

ZONING

§ 36-18.27

and all other required fees.

5. Use of State Forms. The City shall exclusively use the following official HCD forms:

   • a. HCD 500A – Application for Permit to Operate.

   • b. HCD 503B – Annual Permit to Operate.

   • c. HCD 513B – Manufactured Home or Mobilehome Installation Acceptance.

   • d. HCD 513C – Certificate of Occupancy.

6. Existing Parks. There are currently five mobilehome parks within the City limits, containing approximately 650 regulated spaces. No special occupancy (RV) parks currently exist within the City.

7. Program Objectives. The City adopts the state program objectives contained in the Acts and regulations and commits to achieving full compliance through annual inspections, prompt complaint response, and cooperative enforcement with park owners and residents.

8. Effective Date of Assumption. The City’s assumption of enforcement responsibility shall become effective on July 1, 2026.

9. Enforcement and Penalties. Violations of this section or regulations adopted may be enforced through administrative remedies as authorized by the Oakdale Municipal Code and applicable state law.

§ 36-18.27. Accessory Buildings, Structures and Uses. [Ord. No. 1035, § 1, 1996; Ord. No. 1143, Exh. E.]

• A. Accessory buildings shall meet the following requirements:

  1. An accessory building shall be erected detached from the main building.

  2. Any accessory building shall be located at least five (5) feet from any building on the lot and shall be situated on the rear-half of the lot.

  3. On a corner lot, the accessory building shall not project beyond the front yard required on the adjacent lot, and corner lots with an exterior side yard facing a street are required to hold a ten (10) foot exterior side yard setback from the property line for primary and accessory buildings.

  4. Accessory buildings shall not occupy more than thirty (30%) percent of the required side and rear yard.

  5. Except for second units, guest houses and caretaker quarters, accessory buildings shall not be used for dwelling purposes.

  6. Garages with driveways accessing a street must maintain a twenty (20) foot setback.

  7. An accessory building not exceeding a maximum height of nine (9) feet at the exterior building line may be constructed no closer than three (3) feet from the rear and interior side-yard lot lines not to exceed a maximum height of fifteen (15) feet. All other single-story accessory buildings may be constructed no closer than five (5) feet from the rear and interior side-yard lot line with a maximum height of fifteen (15) feet.

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City of Oakdale, CA § 36-18.27

OAKDALE CITY CODE

§ 36-18.29

8. An accessory building greater than fifteen (15) feet in height, or more than one-story, shall meet normal building setbacks for that zoning district where situated and shall not exceed the applicable building height limits as specified in that district.

• B. Accessory uses shall be those uses customarily appurtenant to a permitted use and shall be clearly incidental to the permitted use.

§ 36-18.28. Fences, Hedges, Walls, and Screen Plantings. [Ord. No. 916, § 1, 1988; Ord. No. 1143, Exh. E.]

Fences, hedges, walls, and screen plantings shall be subject to the following:

• A. Fences, hedges, walls, and screen plantings not exceeding three (3) feet in height may extend to the property line in the front yard and to the property line in the exterior side yard, but in no case closer than thirty (30) feet from the center line of the street.

• B. Fences, hedges, walls, and screen plantings not exceeding eight (8) feet in height may occupy any interior side yard and/or rear yard, and in the front yard and/or exterior side yard area situated behind the building setback lines. Except that in all zoning districts, there shall be a clear vision triangle on either side of a driveway intersecting with a public street right-of-way. The triangle is an area bounded by the street property line and the driveway and a line connecting them ten (10) feet from their intersection. When either the street or driveway is curvilinear, measurement shall be taken from the point of intersection using a ninety (90) degree angle which most closely aligns to both the driveway and street line. Within both triangles on either side of the driveway the area between three (3) and eight (8) feet in height as measured from the top of the curb adjacent to the driveway shall be clear of vision obstructions. Trees may penetrate the clear area so long as there are not branches lower than eight (8) feet and the trunk, or trunks if there are multiple trees, do not exceed a combined width of four (4) feet. If no curb exists, the City Engineer shall establish curb grade.

• C. Fences, hedges, walls, and screen plantings exceeding eight (8) feet in height may be erected subject to obtaining Site Plan Review approval pursuant to § 36-19.

• D. The following provisions shall apply to swimming pools, hot tubs, spas, etc.:

  1. The pool or basin, or the entire lot on which it is located, shall be so walled or fenced as to prevent uncontrolled access from the street or adjacent lots by a perimeter barrier not less than six (6) feet in height. The fence or wall shall be constructed such that no object four (4) inches or more in diameter can pass through.

  2. The fences or walls surrounding a pool or basin shall be equipped with a self-closing and selflatching gate. The latch shall be at least four (4) feet above ground level, and maintained in good working condition at all times.

• E. Masonry is that form of solid construction composed of stone, brick, concrete, hollow clay tile, concrete block or tile, or a combination of these materials laid up unit by unit and set in mortar including concrete panels.

The following provisions shall apply to Use Permits for an Amusement Arcade:

• A. Use Permits for Amusement Arcades shall be subject to the following conditions and such other conditions as may be determined necessary by the Planning Commission:

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City of Oakdale, CA § 36-18.29

ZONING

§ 36-18.30

1. Parking for bicycles shall be provided at one (1) bicycle space for every two (2) amusement game machines.

2. Storage lockers or bins for skateboards shall be provided at one (1) locker or bin for every two (2) amusement game machines.

3. At least one (1) adult, eighteen (18) years or older, employee shall be present on the premises to provide continuous supervision of the amusement arcade during all hours of operation.

• B. Amusement Arcades shall not be located within three hundred (300) feet of any public school.

Any Permits, Site Plans, Use Permits, and/or Variances as specified in this chapter may be revoked subject to the following:

• A. Following a public hearing held in accordance with this section, the Planning Commission may modify or revoke any Permit, Site Plan, Use Permit, and/or Variance on one (1) or more of the following grounds:

  1. The approval was obtained by fraud.

  2. The use for which approval was granted is not being exercised or has ceased to exist.

  3. The use is being exercised contrary to the conditions of approval or in violation of other applicable laws and/or regulations.

  4. The use for which approval was granted is being exercised in such a manner as to be detrimental to the public health, safety, or welfare, or so as to constitute a nuisance.

• B. Public Hearing Procedure.

  1. Upon determination by the Director that one (1) or more of the grounds specified in Subsection 1 may exist, the Director shall set a Public Hearing date.

  2. A Public Notice of the hearing shall be prepared which, at a minimum, describes the location of the property, nature of the hearing, and the time and place of the hearing (California Government Code Section 65094 and 65905). The notice shall be distributed as follows (California Government Code Section 65091):

     • a. Notice of the hearing shall be mailed or delivered at least ten (10) days prior to the hearing to the owner of the subject real property or the owner's duly authorized agent.

     • b. Notice of the hearing shall be mailed or delivered at least ten (10) days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.

     • c. Notice of the hearing shall be mailed or delivered at least ten (10) days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within three hundred (300) feet of the real property that is subject to the hearing. In lieu of utilizing the assessment roll, the Director may utilize records of the county assessor tax collector which contain more recent information than the assessment roll. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection is greater than one

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City of Oakdale, CA § 36-18.30

OAKDALE CITY CODE

§ 36-18.31

thousand (1,000), the Director, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth (1/8) page in at least one (1) newspaper of general circulation within the City at least ten (10) days prior to the hearing.

• d. If the notice is mailed or delivered pursuant to Subsection C, the notice shall also either be:

  • (1) Published in at least one (1) newspaper of general circulation within the City at least ten (10) days prior to the hearing.

• (2) Posted at least ten (10) days prior to the hearing in at least three (3) public places in the City, including one (1) public place in the area directly affected by the proceeding.

  • e. The notice shall also be mailed or delivered at least ten (10) days prior to the hearing to any person who has filed a written request for notice with the City or to any other person designated by the City to receive these requests. The City may charge a fee which is reasonably related to the costs of providing this service and the City may require each request to be annually renewed.

  3. Any report or recommendation on a Revocation by the Director shall be in writing and a copy thereof served on the owner of the subject real property or the owner's duly authorized agent at least three (3) days prior to the Public Hearing.

  4. The Planning Commission shall conduct the Public Hearing at the time, date, and place as specified in the Public Notice, subject to such rules and procedures as the Planning Commission may, from time to time, adopt.

• C. Revocation. The Planning Commission shall evaluate the proposed Revocation to establish whether or not the grounds specified in Subsection A, and such other findings which may be specified by State law, can be determined, based on the evidence and testimony presented.

• D. Planning Commission Action. The Planning Commission may modify or revoke any Permit, Site Plan, Use Permit, and/or Variance. In modifying any previous approval, the Planning Commission may impose such requirements and conditions with respect to location, design, construction time period, maintenance and operation, as deemed necessary for the protection of adjacent properties and the public interest when reasonably related to the use of the property.

• E. Appeals. Any action taken by the Planning Commission in considering a Revocation may be appealed pursuant to the provisions of § 36-22.

• F. Use Permit Modification or Revocation. Upon expiration of the appeal period pursuant to § 36-22 or upon final action relating to an appeal, if filed, the Director shall advise the permittee, in writing, of the determination and include any applicable requirements and conditions.

The following provisions shall apply:

• A. Any person, firm, corporation, society, club, or organization, whether as principal, agent, employee, or otherwise, violating any of the terms, requirements, regulations, or provisions of this chapter shall be deemed guilty of an infraction and, upon conviction thereof, punishable by a fine or not more than three hundred (300) dollars or by imprisonment in the County Jail for not more than one hundred and

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City of Oakdale, CA § 36-18.31

ZONING

§ 36-18.32

eighty (180) days or both such fine and imprisonment. Such person, firm, corporation, society, club, or organization is guilty of a separate offense for each and every day during which any portion of any violation of this chapter is committed or continued and shall be punishable as herein provided.

• B. Any building, structure, or lot set up, erected, constructed, altered, enlarged, converted, moved, maintained, or used contrary to the provisions of this chapter is unlawful and a public nuisance. Upon order of the City Council, the City Attorney shall immediately commence action for the abatement, removal, and/or enjoinment thereof in the manner provided by law; and, shall take such other steps and apply to such courts as may have jurisdiction to grant such relief as will abate and remove the public nuisance and enjoin any person, firm, corporation, society, club, or organization from establishing or continuing a use contrary to the provisions of this chapter.

• C.

• The remedies provided for herein shall be cumulative and not exclusive.

• A. Purpose. It is the policy of the City of Oakdale, pursuant to the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act, to provide individuals with disabilities reasonable accommodation in rules, policies, practices and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities. This section establishes a procedure for making requests for reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures of the jurisdiction to comply fully with the intent and purpose of fair housing laws.

• B. Applicability. Reasonable accommodation in the land use and zoning context means providing individuals with disabilities or developers of housing for people with disabilities, flexibility in the application of land use and zoning and building regulations, policies, practices and procedures, or even waiving certain requirements, when it is necessary to eliminate barriers to housing opportunities.

An individual with a disability is someone who has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment.

A request for reasonable accommodation may be made by any individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when the application of a land use, zoning or building regulation, policy, practice or procedure acts as a barrier to fair housing opportunities.

• C. Notice to the Public of Availability of Accommodation Process. Notice of the availability of reasonable accommodation shall be prominently displayed at public information counter in the Public Services Department, advising the public of the availability of the procedure for eligible individuals. Forms for requesting reasonable accommodation shall be available to the public in the Public Services Department.

• D. Requesting Reasonable Accommodation.

  1. In order to make housing available to an individual with a disability, any eligible person as defined in § 36-18.32B may request a reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures.

  2. Requests for reasonable accommodation shall be in writing and provide the following information:

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City of Oakdale, CA § 36-18.32

OAKDALE CITY CODE

§ 36-18.32

• a. Name and address of the individual(s) requesting reasonable accommodation;

• b. Name and address of the property owner(s);

• c. Address of the property for which accommodation is requested;

• d. Description of the requested accommodation and regulation(s), policy or procedure for which accommodation is sought; and

• e. Reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling.

3. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

   4. A request for reasonable accommodation in regulations, policies, practices, and procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual's obligations to comply with other applicable regulations not at issue in the requested accommodation.

   5. If an individual needs assistance in making the request for reasonable accommodation, the City of Oakdale will provide assistance to ensure that the process is accessible.

• E.

  • Reviewing Authority.

  1. Requests for reasonable accommodation shall be reviewed by the Public Services Director, using the criteria set forth in § 36-18.32F.

  2. The Public Services Director shall issue a written decision on a request for reasonable accommodation within thirty (30) days of the date of the application and may either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the required findings set forth in § 36-18.32F.

  3. If necessary to reach a determination on the request for reasonable accommodation, the Public Services Director may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the event that a request for additional information is made, the thirty (30) day period to issue a decision is stayed until the applicant responds to the request.

• F. Required Findings. The written decision to grant, grant with modifications, or deny a request for reasonable accommodation shall be consistent with fair housing laws and based on the following factors:

  1. Whether the housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities, as defined and protected under Federal and State fair housing laws;

  2. Whether the requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws;

  3. Whether the requested accommodation would impose an undue financial or administrative burden on the City; and

  4. Whether the requested accommodation would require a fundamental alteration in the nature of

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City of Oakdale, CA § 36-18.32

ZONING

§ 36-19.2

the City's land use and zoning or building program.

• G. Written Decision on the Request for Reasonable Accommodation.

  1. The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the Public Services Director's findings on the criteria set forth in § 36-18.32F. All written decisions shall give notice of the applicant's right to appeal and to request reasonable accommodation in the appeals process as set forth below. The notice of decision shall be sent to the applicant by certified mail.

  2. The written decision of the Public Services Director shall be final unless an applicant appeals it to the Planning Commission.

  3. If the reviewing authority fails to render a written decision on the request for reasonable accommodation within the thirty (30) day time period allotted by § 36-18.32E the request shall be deemed granted.

  4. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain the full force and effect.

• H. Appeals.

  1. Within thirty (30) days of the date of the Public Services Director's written decision, an individual may appeal an adverse decision. Appeals from the adverse decision shall be made in writing.

  2. If an individual needs assistance in filing an appeal on an adverse decision, the City will provide assistance to ensure that the appeals process is accessible.

  3. All appeals shall contain a statement of the grounds for the appeal. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

  4. Appeal procedures are set for by Oakdale Municipal Code § 36-22: Hearings and Appeals. Decisions by staff may be appealed to the Planning Commission and decisions of the Planning Commission may be appealed to the City Council.

  5. Nothing in this procedure shall preclude an aggrieved individual from seeking any other State or Federal remedy available.

• I. Severability. The provisions of these sections of the code are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, or portion of these sections, or the invalidity of the application thereof to any person or circumstances, shall not affect the validity of the remainder of this section, or the validity of its application to other persons or circumstances.