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Chapter 36

§ 36-20. Zoning And Occupancy Permits. Use Permits And Variances.

Oakdale Municipal Code · 2026-07 edition · updated 2026-09-27 · Oakdale

§ 36-20.1. Zoning and Occupancy Permits. [Ord. No. 988, Exh. A, 1991.]

Zoning and Occupancy Permits shall be required for all buildings and structures hereinafter occupied, erected, constructed, altered, repaired or moved within or into any district established by this chapter and for the use of vacant land or for a change in the character of the use of land, within any district. No building permit shall be issued until the zoning clearance portion thereof has been completed by the Community Development Department and any required Site Plan, Use Permit or Variance has been issued and become effective. No Commercial or Industrial use may be occupied until clearance has occurred as to consistency with the provisions of the Municipal Code or any Site Plan, Use Permit or Variance granted.

§ 36-20.2. Use Permits and Minor Use Permits. [Ord. No. 988, Exh. A, 1991.]

  • A. Use Permits and Minor Use Permits revocable, conditional and/or valid for a term period, may be issued as provided in this section for any of the uses or purposes for which such permits are required or permitted by the terms of this chapter. The Planning Commission or Community Development Director may impose such conditions as they deem necessary to secure the purposes of this chapter and may require tangible guarantees or evidence that such conditions are being, or will be, complied with.

  • B. All Use Permits and Minor Use Permits for which no term is specified by the Director, Planning Commission or City Council shall expire one (1) year after their effective date.

  • C. Minor Use Permits and Use Permits are applicable to those uses as set forth in each zoning classification and per § 36-20.5.

§ 36-20.3. Application for Use Permit or Minor Use Permit. [Ord. No. 988, Exh. A, 1991.]

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City of Oakdale, CA § 36-20.3

ZONING

§ 36-20.5

  • A. Application for a Use Permit or Minor Use Permit shall be made in writing by the owner of the property, lessee, purchaser in escrow, optionee with the consent of the owners, or by a public utility company or other agency with the powers of eminent domain, on a form prescribed by the Director. The application shall be accompanied by a fee in an amount to be set by Resolution of the City Council. A plot plan and details must be prepared in accordance with, and subject to, the provisions of this chapter and site plan review requirements of § 36-19 showing the details of the proposed use to be made of the land or building. The Planning Commission or Director may request additional information as necessary for environmental review or to address other pertinent issues associated with the use or site area.

  • B. Upon receipt of the application, the Community Development Department shall prepare a report regarding the issues and consistency of the request with City policy and standards.

§ 36-20.4. Action on Use Permits and Minor Use Permits. [Ord. No. 988, Exh. A, 1991.]

  • A. The Planning Commission (Use Permit) or Director (Minor Use Permit) shall hold a public hearing on any application which shall be noticed in the manner provided in § 36-22.

  • B. Both the Director and the applicant shall have the right to refer a Minor Use Permit application directly to the Planning Commission in lieu of the normal process for Minor Use Permits.

  • C. The Planning Commission (Use Permit) or Community Development Director (Minor Use Permit) at a public hearing shall determine whether or not the establishment, maintenance, or operation of the use applied for will, under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood or the general welfare of the City. In addition if the following findings can be made, the Permit may be granted:

    1. The proposed Permit is consistent with the City of Oakdale General Plan.

    2. That the project has been reviewed in compliance with CEQA and the appropriate determination has been made.

    3. That the project is deemed to be a reasonable extension of existing development patterns in the area.

    4. That the site for the proposed use has adequate access which shall mean that the site design is of a size and shape to accommodate the proposed use and all yards, open spaces, setbacks, walls and fences, parking areas, landscaping and other features pertaining to the application.

  • D. Permits shall not be issued until ten (10) working days have elapsed from the granting thereof, and in case an appeal is filed from the Planning Commission or Directors decision, it shall not be issued until acted upon by the City Council on such appeal. Use Permits shall not have any force and effect until the permittee acknowledges receipt thereof and acceptance of any conditions thereto.

  • E. Minor Use Permit Appeal. In the event the applicant or any other interested parties is dissatisfied with the action of the Director, an appeal may be filed in writing within ten (10) days following the notice of the decision date pursuant to these provisions. Upon appeal, the application shall be processed in the manner provided for Use Permits. The applicant shall submit such additional information and data required by the provisions of this chapter.

§ 36-20.5. Use Permits or Minor Use Permits Which May Be Applied for in Any District.…

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City of Oakdale, CA § 36-20.5

OAKDALE CITY CODE

§ 36-20.7

992, Exh. A, 1991.]

  • A. Expansions and Permit Extensions. The Director may approve minor expansions or extensions to previously approved Use Permits or Minor Use Permits when it complies with all of the following conditions:

    1. The building and/or use expansion is incidental to an existing use.

    2. The building and/or use expansion does not result in a change of use.

    3. The building and/or use expansion involves less than a twenty-five (25%) percent increase in ground area covered by structures associated with said use.

    4. The building and/or use expansion does not involve an increase in the overall area of the site greater than ten (10%) percent.

    5. The building and/or use expansion in the opinion of the Director would not have a significant adverse effect on abutting property.

    6. The building and/or use expansion complies with the existing requirements and agencies having jurisdiction and any other appropriate regulatory agency as determined by the Director.

  • B. Use Permits:

    1. Clubs, Lodges or Fraternal Organizations

  • C. Minor Use Permits:

    1. Wherein within this chapter the term Conditional Use Permit or Use Permit is used rather than Major or Minor Use Permit, the Community Development Director may determine the appropriate manner for processing the request.

    2. Per § 36-18.7 C. "Off-site Parking" the Director may process requests as a Minor Use Permit.

§ 36-20.6. Variances and Minor Variances. [Ord. No. 988, Exh. A, 1991.]

  • A. Application for Variances and Minor Variances from the strict application of the terms of this chapter may be made and Variances granted when the following circumstances are found to apply. No request may be applied for which is a Use Variance.

    1. That any Variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situated; and

    2. That because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of the zoning law is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification; and

    3. That the granting of the variance will not be contrary to the intent of this chapter or to the public safety, health and welfare, or injurious to other properties in the vicinity.

§ 36-20.7. Application for Variance and Minor Variance. [Ord. No. 988, Exh A., 1991.]

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City of Oakdale, CA

ZONING

§ 36-20.7

§ 36-21.3

  • A. Applications shall be made as provided for Use Permits except that evidence must also be provided showing that the findings listed in Section 20-6 can be made.

§ 36-20.8. Action on Variances and Minor Variances. [Ord. No. 988, Exh. A, 1991.]

  • A. The Planning Commission (Variance) or Director (Minor Variance) shall hold a public hearing on any application for a Variance which shall be noticed in the manner provided for in § 36-22. If it is found that the qualifications under § 36-20.6. A apply to the land, building or use for which request is sought, and that such variance is in accordance with the intent of this chapter, it may be granted, all or part of the request sought, subject to necessary conditions determined appropriate.

  • B. The Planning Commission (Variance) or Director (Minor Variance) at a public hearing shall determine whether or not the findings listed in § 36-20.6 can be made and that the exception will not under the circumstances of the particular case, be detrimental to the health and safety of the persons.

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▸Contents — Oakdale Municipal Code
Oakdale Municipal Code
  1. Chapter 1
  2. Chapter 2
  3. Chapter 3
  4. Article IV — Fees and Charges.
  5. Chapter 4
  6. Article I — In General
  7. Article II — Dogs
  8. Article III
  9. Article IV — Permissible Household Pets, Etc.
  10. Article V — Abatement of Vicious Dogs
  11. Chapter 6
  12. Chapter 7
  13. Article I — Administration — General
  14. Article XIII — System Development Charges
  15. Article I
  16. Article II
  17. Article III
  18. Article 300.21 — (a) is added to read as follows:
  19. Article IV
  20. Article V
  21. Article VI — California Energy Code [Ord. No. 1243-16; amended…
  22. Article VII
  23. Article VIII
  24. Article IX
  25. Article X
  26. Article XI
  27. Chapter 8 — Referenced Standards is amended as follows:
  28. Article XII — Small Residential Rooftop Solar Energy System Pe…
  29. Article XIII
  30. Article XIV — Electric Vehicle Charging Station Permitting Str…
  31. Chapter 8
  32. Chapter 9
  33. Chapter 10
  34. Chapter 11
  35. Article II — Transactions and use tax.[3 ]
  36. Article III — Transient Occupancy Tax.[5 ]
  37. Article IV — Documentary Stamp Tax.[6 ]
  38. Article V — Financial Plan
  39. Article VI — City Treasurer Investments
  40. Article VII — Cannabis Business Tax [Added 12-10-2018 by Ord. …
  41. Article VIII — Parking and Business Improvement Area [Adopted …
  42. Article X — Crane Crossing Specific Plan - Plan Area Fee Progr…
  43. Chapter 12
  44. Chapter 1 — ADMINISTRATION PERMITS
  45. Chapter 1 — ADMINISTRATION
  46. Chapter 5 — FIRE SERVICE FEATURES FIRE APPARATUS ROADS
  47. Chapter 5
  48. Chapter 5
  49. Chapter 5
  50. Chapter 6
  51. Chapter 6
  52. Chapter 11
  53. Chapter 24 — FLAMABLE FINISHES
  54. Chapter 35
  55. Chapter 41
  56. Chapter 50 — HAZARDOUS MATERIALS GENERAL PROVISIONS
  57. Chapter 55
  58. Chapter 56
  59. Chapter 57
  60. Chapter 61
  61. Chapter 13
  62. Chapter 14
  63. Article VI — Disposal of Pharmaceutical Controlled Substances
  64. Article I — Waitresses and Entertainers
  65. Article II — Smoking at Council Meetings
  66. Article III — Smoking Pollution Control
  67. Article V — Waste Containers.
  68. Article VI — Disposal of Pharmaceutical Controlled Substances
  69. Chapter 15
  70. Chapter 16
  71. Chapter 17
  72. Chapter 18
  73. Article II — Abandoned, Wrecked, etc., Vehicles
  74. Article III — Railroad Crossing Permits
  75. Article IV
  76. Article V — Paid Parking Zones and Parking Permits[1 ]
  77. Article VI — Privately Owned and Maintained Roads and Parking …
  78. Article VII — Police Towing Services
  79. Article VIII — Traffic Rules
  80. Article X — Turning Movements
  81. Article XI — One-Way Alleys
  82. Article XII — Right-of-Way
  83. Article XIII — Public Offenses
  84. Article XIV — General Penalty
  85. Chapter 18A
  86. Chapter 19
  87. Article I — Offenses – Miscellaneous
  88. Article II — Graffiti[3 ]
  89. Article III
  90. Article IV — Coasting Devices
  91. Article V — Administrative Citation Process
  92. Article VI — Administrative Remedies
  93. Article VII
  94. Article VIII — Oakdale Massage Establishment Regulations
  95. Article X
  96. Article XI
  97. Article XII
  98. Article XIII
  99. Article XIV — Squatter Camps
  100. Article XV
  101. Article XVI — Noise Control [Added 5-6-2019 by Ord. No. 1263]
  102. Chapter 20
  103. Article III — Parks
  104. Article IV — Special Events
  105. Article V — Senior Citizens Commission
  106. Article VI — Drug Free Zones
  107. Chapter 21
  108. Chapter 22
  109. Article II — Police Relief and Pension Fund
  110. Chapter 23
  111. Chapter 24
  112. Chapter 25 — PURCHASES
  113. Chapter 26
  114. Article II — Collection and Disposal
  115. Article IV — Defacing Public and Private Property
  116. Article V — Legislative Recycling Mandates
  117. Chapter 28
  118. Article I — General Provisions
  119. Article II — Fees and Charges
  120. Article III — Sewer Mains and Sewer Laterals
  121. Article IV — Industrial Users
  122. Article V — Industrial Users' Discharge Permits
  123. Article VI — Enforcement
  124. Chapter 29
  125. Chapter 30
  126. Article II
  127. Article III — Trenching
  128. Article IV — Numbering of Streets
  129. Article V — Maintenance Districts
  130. Chapter 31
  131. Article II — Definitions and Responsibilities
  132. Article IV — Tentative Subdivision Maps
  133. Article V — Final Subdivision Maps
  134. Article VII — Vesting Tentative Maps for Residential Subdivisi…
  135. Article VIII — Dedications. Reservations, and Development Fees
  136. Article XI — Reversions to Acreage
  137. Article XII
  138. Article XIII — Correction and Amendment of Maps.
  139. Article XIV — Enforcement.
  140. Chapter 31A
  141. Chapter 32
  142. Chapter 33
  143. Article II — Disposition of Surplus Property
  144. Article III — Purchase by City Employees of Unclaimed or Surpl…
  145. Chapter 34
  146. Chapter 35
  147. Article II — Mains, Laterals and Hydrants
  148. Article III — Fees and Charges
  149. Article VII — Backflow and Cross-Connection Control
  150. ▸Chapter 36
    Overview
    1. § 36-1. General Provisions.
    2. § 36-2. Rules Of Construction And Definitions.
    3. § 36-3. Establishment And Designation Of Zones.
    4. § 36-4. Flood Hazard Prevention.
    5. § 36-5. "O-S" Open Space District.
    6. § 36-6. "R-A" Residential Agricultural District.
    7. § 36-7. "R-1" Single Family Residential Zone.
    8. § 36-8. "R-2/R-2-M" Duplex Residential District.
    9. § 36-9. "R-3" Multiple Family Residential District.
    10. § 36-10. "C-1" Neighborhood Commercial.
    11. § 36-11. "C-C" Central Commercial.
    12. § 36-12. "C-2" General Commercial.
    13. § 36-13. "L-M" Limited Industrial.
    14. § 36-14. "M-1" Light Industrial.
    15. § 36-15. "M-2" Heavy Industrial.
    16. § 36-16. "N-O" Neighborhood Office District.
    17. § 36-17. "H-C" Historical-Cultural Combining District.
    18. § 36-18. Special Provisions.
    19. § 36-19. Site Plan Review.
    20. § 36-20. Zoning And Occupancy Permits. Use Permits And Varianc…
    21. § 36-21. Specific Plans.[9 ]
  151. Part I — General Provisions.
  152. Part II — Specific Plan Preparation Process.
  153. Part I — General Provisions
  154. Chapter 37
  155. Article II
  156. Article III — Regulations for Cannabis Businesses
  157. Article IV — Appeals and Enforcement
  158. Chapter DL

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