Chapter 36 — Zoning

• [1] (Editor's Note: Chapter 36 , Zoning, as set forth herein was adopted as Ordinance No. 907 at a special meeting held on October 8, 1987. Sources for subsequent amendments are noted where applicable. As to director of planning and development, see §§ 2-19 — 2-21 of this code. As to planning commission, see §§ 2-27 — 2-32 . As to building regulations generally, see Ch. 7 . As to sewers and sewage disposal, see Ch. 28 . As to subdivisions and other divisions of land, see Ch. 31 .)

This Chapter, Chapter 36 of the Municipal Code of the City of Oakdale, shall be known as, and may be cited as, the Zoning Ordinance of the City of Oakdale, California.

There is hereby adopted, as provided herein, a Zoning Ordinance for the City. The Ordinance is intended to be a precise and detailed plan for the use of land based on the General Plan of the City. The Ordinance shall be consistent with the General Plan of the City.

The Zoning Ordinance is enacted to promote the public health, safety, comfort and general welfare of the City, and of the public generally; to provide a plan for the sound and orderly growth and development of the City; and, to ensure social and economic stability within the various zones established by the provisions of this chapter.

The provisions of this chapter shall apply to all land and all owners of land within the incorporated limits of the City and shall be applicable not only to private persons, agencies, and organizations but also to all public agencies and organizations to the full extent that such provisions may now or hereafter be enforceable in connection with the activities of any such public agency or organization. In their interpretation and application, the-provisions of this chapter shall be held to be minimum requirements. No provision of this chapter is intended to abrogate, repeal, annul, or interfere with any existing Regulations of the City, except as specifically stated herein, or deed restriction, covenant, easement, or other agreement between parties, provided that where the provisions of this chapter impose greater restrictions or regulations, those provisions shall control.

The Zoning Ordinance shall consist of the officially adopted Zoning Map or Maps of the City designating certain Zones and the regulations set forth in this chapter controlling the uses of land, the density of population, the uses and locations of structures, the height and bulk of structures, the open spaces about structures, the external appearance of certain uses and structures, the areas and dimensions of sites, and requiring the provisions of off-street parking, off-street loading facilities and landscaping.

For the purposes of this chapter, the following rules shall apply unless inconsistent with the plain meaning of the context of the provisions of this chapter.

1. Words used in the present tense include the future tense.

2. Words used in the singular include the plural, and words used in the plural include the singular.

3. The word "SHALL" is mandatory, the word "MAY" is permissive.

4. The word "USED" includes the words "ARRANGED FOR, DESIGNED FOR, OCCUPIED, OR INTENDED TO BE OCCUPIED FOR."

[Ord. No. 954, § 1; Ord. No. 960, § 1; Ord. No. 1037; Ord. No. 1081, § 1, 2001; Ord. No. 1109A, § 3; Ord. No. 1125, § 1; Ord. No. 1135, Exh. A.; Ord. No. 1230-15, Exh. A.]

For the purposes of this chapter, certain terms and words are herewith defined to clarify their use. Where a definition is not given or where a question of interpretation is raised, the definition shall be the common usage of the word within the context of its use, or as classified by the Planning Commission.

1. ABUT — Two adjoining parcels of property, with a common property line, are herein considered as one parcel abutting the other, except where two (2) or more lots adjoin only at a corner or corners, then they shall not be considered abutting unless the common property line between the two parcels measures eight (8) feet or more in a single direction.

2. ACCESS OR ACCESS WAY — The place, means or way by which pedestrians and vehicles shall have safe, adequate and usable ingress to and egress from a property or use as required by this chapter.

3. ACCESSORY BUILDING — A detached building located on the same lot with the principal (main) building, the use of which is normally incidental and entirely secondary to that of the principal building.

4. ACREAGE, GROSS — The gross area of a parcel of land measured to the center lines of abutting streets or alleys.

5. ACREAGE, NET — The area of a parcel of land measured to the property lines less streets and alleys or those areas proposed or required to be dedicated as streets and alleys. Lot areas are stated in net acreage.

6. ADJACENT — Near, close, or abutting; for example, an Industrial District across the street or highway from a Residential District shall be considered as "Adjacent."

7. AGENT OF OWNER — Any person who can show written proof that he is acting for the property owner (See "Owner").

8. AGRICULTURAL USE — The tilling of the soil, the raising of crops, horticulture, viticulture, small livestock farming, excluding swine and poultry, dairying, and animal husbandry, including all uses customarily incidental, thereto, but not including the keeping of swine and poultry, slaughter houses, fertilizer yards, bone yards or plants for the reduction of animal matter or any other industrial use which is similarly objectionable because of noise, odor, smoke, dust or fumes.

9. ALLEY — A public or private thoroughfare, generally less than twenty (20) feet in width, which serves only as a secondary means of access to abutting property.

10. AMENDMENT — A change in the wording, context or substance of any provision in this chapter, an addition or deletion or a change in the zone district boundaries or classification upon the Zoning Map.

11. AMUSEMENT-ARCADE — Any place or premise containing six (6) or more amusement game machines.

12. AMUSEMENT GAME MACHINE — A coin or token operated machine or device which, whether mechanical, electrical, or electronic, shall be ready for play by insertion of a coin, token, or similar object, and may be operated by the public for use as a game, entertainment or amusement. It shall include devices commonly referred to as pinball machines and video games but shall not include "children's amusement machines", "jukeboxes", "pool and billiard tables", "shuffleboards", and "vending machines."

13. APARTMENT — See "Dwelling Unit."

14. APARTMENT HOUSE — See "Dwelling, Multiple Family."

15. APPEAL BOARD — The City Council shall be the "Appeal Board" for appeals from the decisions of the Planning Commission.

16. AUTO DISMANTLING AND WRECKING ESTABLISHMENTS — The business of dismantling or wrecking of used motor vehicles or trailers and sale of parts.

17. BASEMENT — Any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story as defined herein.

18. BOARDING OR ROOMING HOUSE — A dwelling where rooms are rented to paying guests, who may be provided with meals. The term "boarding house" shall include "rooming house."

19. BUILDING — Any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals or property.

20. BUILDING DEPARTMENT — That agency or department designated by the City to process Building Permits.

21. BUILDING, HEIGHT OF — The vertical distance measured from the average curb level to the highest point of the structure, exclusive of chimneys and ventilators; provided, however, that where buildings are set back from the street line, the height shall be measured from the average elevation of the finished grade at the front of the building.

22. BUILDING OFFICIAL — The individual or contractual agency designated by the City to process Building Permits and perform inspections.

23. BUILDING SETBACK LINE — A line parallel to the front lot line and at a distance therefrom equal to the required depth of the front yard and extending across the full width of the lot.

24. CARPORT— An accessory structure or portion of the principal structure, open on one or more sides, for the storage of automobiles, boats, or trailers for persons resident or employed on the premises. For purposes of this chapter, a carport shall be subject to all regulations prescribed in this chapter for a private garage.

• 24A. CARPORT PORTABLE — A portable and relocatable as opposed to permanently built accessory structure, for the storage of automobiles, boats or trailers. Portable carports are subject to specific regulations prescribed in Subsection 36-7.6(f) (3) of this chapter.

25. CENTER LINE OF STREET — That line designated as "center line" on any street or highway plan or subdivision map of the City.

26. CHILDREN'S AMUSEMENT MACHINE — Any coin or token operated amusement machine or device especially designed and operated for the amusement of children such as, but not limited to, mechanical animal and vehicle rides.

27. CITY COUNCIL— The City Council of the City of Oakdale.

28. CLUB OR LODGE — An association of persons for some common, nonprofit purpose but not including groups organized primarily to render a service which is customarily carried on as a business.

29. COMMISSION — The planning commission of the City.

30. COMMON AREA — Common area is an entire project excepting all dwelling units therein.

31. COMMUNITY HOUSING — Community housing project means and includes the following: A condominium project as defined in the California Civil Code , containing two or more condominiums, as defined below; a community apartment project as defined in the California Business and Professions Code , containing two or more rights of exclusive occupancy; and a planned development, as defined in the California Business and Professions Code, containing two or more separately owned lots, parcels or areas.

32. CONDOMINIUM — An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial, or commercial building on the real property as defined in the California Civil Code .

33. COVERAGE — The percent of the total site area covered by structures, open or enclosed, excluding uncovered steps, balconies, patios and terraces (See "Lot Coverage").

34. CONVERSION — Conversion is a proposed change in the type of ownership of a parcel or parcels of land.

35. CONSTRUCTION —

Start of: Construction shall be considered started with the issuance of a Building Permit.

Completion of: Construction shall be complete when the final required building inspection has been completed and approved by the Building Official.

36. CONSTRUCTION OFFICE (JOB SHACK) — A temporary structure or trailer placed on or adjacent to a project site for the duration of construction. May include a construction materials yard.

37. COURT — A space, open and unobstructed to the sky with a building or buildings and bounded on two (2) or more sides by such building or buildings.

38. DAY CARE CENTER — A facility licensed to regularly provide care, protection and supervision in a facility which is not the provider's home.

39. DENSITY — The ratio between dwelling units and land, expressed as the number of dwelling units per acre, or as square feet of land required per dwelling unit.

40. DENSITY BONUS — A density increase of twenty-five (25%) percent over otherwise allowable residential density in the zone.

41. DEVELOPER — The owner or subdivider with a controlling proprietary interest, or the person or organization making application hereunder.

42. DIRECTOR — The Oakdale City Community Development Director or designated representative.

43. DISTRICT — See "Zone."

44. DISTRICT, COMBINING — Any district or zone wherein the general regulations shall in part or wholly, be added to or superseded by special regulations. Also, may be termed as an "overlay district or zone."

45. DWELLING — Any building or portion thereof designed or used exclusively for residential occupancy.

46. DWELLING, DUPLEX — A building on a single parcel of land designed for occupancy by, or occupied by, two (2) families living independently of each other, and having separate kitchen and toilet facilities for each family.

47. DWELLING, MULTIPLE FAMILY — A building or portion thereof on a single parcel of land designed for occupancy by, or occupied by, three (3) or more families living independently of each other, and having separate kitchen and toilet facilities for each family.

48. DWELLING, SINGLE FAMILY DETACHED — A detached building designed exclusively for occupancy by one (1) family.

49. DWELLING UNIT — One (1) or more rooms and a single kitchen area designed for occupancy by one (1) family for living and sleeping purposes.

50. EDUCATIONAL INSTITUTION — Elementary, junior high, high school, college or university or other school giving general academic instruction in the several branches of learning and study required to be taught by the California Education Code . [Ord. No. 1230-15. Exh. A.]

• 50(a). — Emergency Shelters: Housing with minimal supportive services for homeless persons that is limited to occupancy of six (6) months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. ( Health and Safety Code 50801(e)) [Ord. No. 1230-15. Exh. A.]

• 50(b). — Employee Housing: Includes but is not limited to farmworker housing. Employee housing for 6 or fewer workers shall be deemed to a single-family structure with a residential land use, and shall be treated the same as a single-family structure with a residential land use, and shall be treated the same as a single family dwelling of the same type in the same zone. The permitted occupancy in employee housing in a zone allowing agricultural uses shall include agricultural employees who do not work on the property where the employee housing is located, and may consist of no more than thirty-six (36) beds in a group quarters or twelve (12) units or spaces designed for use by a single family or household on land zoned for agricultural uses. Such employee housing shall be considered to be an activity that in no way differs from an agricultural use.

[Ord. No. 1230-15. Exh. A.]

51. FACTORY-BUILT HOME — A residential building constructed in conformance with the State of California Factory-Building Housing Code. A factory-built home shall not be deemed to include a mobile home or manufactured home as defined in this section. [Ord. No. 1230-15. Exh. A.]

52. FAMILY — One (1) or more persons occupying a premises and living as a single housekeeping unit, as distinguished from a group occupying a boarding house, lodging house, or hotel, as herein defined.

53. FAMILY DAY CARE HOME — A facility licensed to regularly provide care, protection and supervision in the principal residence of the care provider for children for periods of less than twenty-four (24) hours per day.

54. FLOOR AREA — The area included within the surrounding exterior walls of a building or portion thereof, exclusive of vent shafts and courts. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be usable area under the horizontal projection of the roof or floor above.

55. FEE — A fixed charge or schedule of charges set by resolution of the City Council.

• 55(a). Floor Area Ratio: The gross floor area of a residential building on a lot divided by the lot area (in square footage).

56. FOSTER HOME — A facility licensed to regularly provide care, protection and supervision to children in the licensee's home on a twenty-four-hour basis for varying periods of time. See "Residential Care Home."

57. FRONTAGE, PRIMARY — That portion of a parcel which is adjacent to a publicly dedicated street or way. For a corner lot, the frontage with the smallest dimension shall be considered as the primary frontage. There shall be only one primary frontage per parcel. (Also see "Lot Line, Front")

58. FRONTAGE, SECONDARY — On a corner lot, that portion of a parcel which is adjacent to a publicly dedicated street or way which is not the primary frontage.

59. GARAGE, REPAIR — A building, or portion thereof used for the commercial repair, maintenance, or painting of motor vehicles.

60. GARAGE, PATIO OR YARD SALE — A sale licensed to be conducted from any location on the premises of a residence in any kind of residential zone for the purpose of permitting occupants of that residence to dispose of their personal property accumulated during the course of ordinary residential living.

61. GARAGE, PARKING — A building used for the parking of more than three automobiles or trucks, whether free, for compensation or as an accommodation.

62. GARAGE, PRIVATE — An accessory building or an accessory portion of the main building, enclosed on all sides and designed or used for the shelter or storage of passenger vehicles and one truck of not more than one ton capacity.

• 62(a). GROSS FLOOR AREA — The sum of the gross horizontal areas of one or more floors of a residential structure used as enclosed space, measured from the face of interior walls and ceilings, found by multiplying the width and length of any such enclosed space. Gross floor area will not include covered space designed solely for the parking of motor vehicles (garages).

63. GUEST HOUSE — Living quarters within an accessory building for use by temporary guests of the occupants of the premises. It shall have no kitchen or cooking facilities and shall not be rented or otherwise used as a separate dwelling.

64. HEIGHT OF BUILDING — See "Building, Height of."

65. HOME OCCUPATION — Any occupation conducted entirely within a dwelling unit and carried on by persons residing in the dwelling, which use is clearly incidental and secondary to the use of the dwelling unit for dwelling purposes and does not change the residential character thereof and in connection with which there is no display of stock in trade, nor storage of equipment

outside of the dwelling or its accessory building, little additional generated traffic or no use of any yard space, nor more than twenty-five percent of the floor space of the main building, or space in accessory buildings required for automobile storage. A home occupation shall not create a nuisance by reason of noise, odor, dust, vibration, fumes, smoke, electrical disturbance or storage of junk.

66. HOSPITAL — A facility staffed and equipped to provide various types of hospital care, which is licensed under the provisions of the California Administrative Code.

67. HOTEL OR MOTEL — A building or portion thereof or a group of attached or detached buildings containing individual guest rooms or suites where lodging is provided for transients for compensation.

68. HOUSEHOLD PETS— Keeping of household pets is subject to regulations as provided in chapter 4 of this Code.

69. JUKEBOX — Any machine commonly referred to as a jukebox designed to play music when a coin or token is deposited therein.

70. JUNK OR SALVAGE YARD — A site or portion of a site on which waste, discarded or salvaged materials are brought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, excepting an auto dismantling and wrecking establishment as defined in this section.

71. LANDSCAPING — Plantings, including trees, shrubs, lawn, flowers and ground covers, suitably designed, selected, installed, and maintained. May include rock, fountains, pools, screens, walls, fences, benches, walkways, and concrete plazas.

72. LIVESTOCK — Domestic animals customarily raised or kept on farms include horses, cows, bulls, calves, oxen, sheep, goats and other bovine or hoofed animals but excluding pigs, hogs and swine.

Small livestock farming: shall be the raising or keeping of more than twelve chicken hens, pigeons or similar fowl or twelve rabbits or similar animals, but not including roosters, quacking ducks, turkeys, geese, guinea fowl, pea fowl, goats, sheep or similar livestock; provided, that the term "small livestock farming" as used in this chapter shall not include the keeping of hogs, cattle, horses, mules or similar livestock as determined by the planning commission.

73. LOADING SPACE — An off-street space or berth on the same lot with a building or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley, or other appropriate means of access.

74. LOT — A parcel of land shown on a subdivision map, parcel map or record of survey map or described by metes and bounds and recorded in the office of the County Recorder of Stanislaus County, and/or a building site in one ownership having an area for a building or buildings, together with such yards, open spaces, lot width, and lot areas as are required by this chapter and having frontage upon a publicly dedicated street, road or highway (other than an alley), unless otherwise approved.

75. LOT, AREA — The total horizontal net area of the plane surface within the lot lines of a lot or parcel exclusive of streets, highways, roads, and alleys.

76. LOT, CORNER — A lot situated at the intersection of two or more streets having an angle of intersection of not more than one hundred thirty five (135) degrees.

77. LOT COVERAGE — See "Coverage."

78. LOT DEPTH — The mean horizontal distance between the front and rear lot lines. The lot depth shall not be more than three times the width.

79. LOT, FLAG — A lot so shaped and designed that the main building site area has substandard or no frontage on a publicly dedicated street or way, but is connected to the street or way by a strip of land which is used solely for access purposes.

80. LOT, INTERIOR — A lot other than a corner lot.

81. LOT, KEY — The first interior lot to the rear of a reversed corner lot.

82. LOT LINE — Any line bounding a lot as herein defined.

83. LOT LINE, EXTERIOR — Any lot line separating a lot from a street.

• a. FRONT LOT LINE — The shortest exterior lot line on any lot (See "Frontage, Primary", "Frontage, and "Frontage, Secondary").

• b. SIDE STREET LOT LINE — Any exterior lot line(s) other than the front line (corner lot).

84. LOT LINE, INTERIOR — Any lot line not an exterior lot line.

• a. REAR LOT LINE — The interior lot line opposite and most distant from the front lot line.

• b. SIDE LOT LINE — Any interior lot line other than the rear lot line.

• c. ALLEY LOT LINE — Any lot line separating a lot from an alley.

85. LOT, REVERSED CORNER — A corner lot, the side street line of which is substantially a continuation of the front lot line of the first lot to its rear.

86. LOT, THROUGH — A lot having frontage on two (2) parallel or approximately parallel streets.

87. LOT WIDTH — The mean horizontal distance between the side lot lines, measured at right angles to the lot depth.

• 87(a). MAJOR RETAIL DEVELOPMENT — A major retail development is a singular retail establishment or shopping center that involves any one, or a combination of the following and as defined herein:

  • a. New construction of a singular retail sales establishment that is greater than forty thousand (40,000) gross square feet in size; or,

  • b. New construction of a shopping center on a parcel or combination of parcels comprising ten (10) acres or larger; or,

  • c. Expansion to a singular retail sales establishment or shopping center existing as of the effective date of adoption of this ordinance [[1]] and which said expansion will increase the square footage of a singular retail sales establishment to become more than forty thousand (40,000) gross square feet in area or increase the size of a shopping center more than ten (10) acres.

    • [1] Editor's Note: Ordinance No. 1125, codified herein was adopted December 20, 2004.

88. MANUFACTURED HOME — For purposes of this Ordinance, a manufactured home is the same as a mobile home as defined in this section.

89. MINI-STORAGE/WAREHOUSE FACILITY — A building or group of buildings that contains varying sizes of individual, compartmentalized, and controlled-access stalls or lockers for the dead storage of goods or wares.

90. MOBILE HOME — A transportable structure built to the specification of the National Manufactured Housing Construction and Safety Standards Act of 1974 on a chassis for future movement, and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities, and intended for occupancy by one (1) family. No such

structure shall be deemed to be a mobile home if it is less than eight (8) feet in width, and less than thirty-two (32) feet in length, when assembled for use as a dwelling.

91. MOBILE HOME PARK — A facility designed and equipped in accordance with the requirements of applicable State laws for the accommodation of occupied mobile homes on a permanent or semi-permanent basis regardless of whether or not a charge is made for such accommodations.

92. NONCONFORMING USES — See "Use, Nonconforming."

93. NURSING AND CONVALESCENT HOME — A facility providing bed care, or chronic or convalescent care, for persons who by reason of illness, physical infirmity, or age, are unable to properly care for themselves. A facility shall be deemed to be a Nursing and Convalescent Home for the purpose of this chapter, notwithstanding the designation applied to the facility by the operator, or any Federal, State or local regulatory agency, such as "Hospital", "Board and Care Facility", "Skilled Nursing Facility", or "Rest Home", so long as the facility provides care as herein described, and does not qualify as a Hospital as defined in this section.

94. OCCUPANCY — The period in which land or premises are occupied or lived in.

95. OFF-PREMISES SIGN — A sign which directs attention to a business, commodity, service, entertainment or attraction sold, offered or existing elsewhere than upon the same lot where such sign is displayed. The term off-premises sign shall include an outdoor advertising sign (billboard) on which space is leased or rented by the owner thereof to others for the purpose of conveying a commercial or noncommercial message. See "Off-Premises Sign" § 36-26 .

96. OUTDOOR ADVERTISING STRUCTURE — Any structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any outdoor advertising sign may be placed, including also outdoor advertising statuary.

97. OWNER — Any person, agent, firm or corporation having a legal or equitable interest in the property.

98. PARKING AREA — A permanently surfaced open area, other than a street or alley, used for the parking of more than five motor vehicles, either free, for compensation, or as an accommodation for residents, clients, or customers.

99. PARKING SPACE — A permanently surfaced space, directly accessible to a driveway, street or alley, exclusive of access, driveways, ramps or maneuvering areas, designed or used for the parking of one motor vehicle.

100. PLAN LINES — Officially established right-of-way lines for future streets or for the extension or widening of existing streets within which the construction of structures is prohibited.

101. PLANNED UNIT DEVELOPMENT — An integrated development consisting of a building or group of buildings situated on a site in such a manner that each unit may be sold separately from all other units, and where all owners of units may also own an interest in recreation facilities, parking facilities, open space, or any combination thereof along with appurtenant facilities.

102. PRINCIPAL RESIDENTIAL UNIT — See "Dwelling, Single Family, Detached."

103. PROPERTY LINE — See "Lot Line."

104. PUBLIC AND QUASI-PUBLIC USES — These include such uses as cemeteries, churches, corporation yards, fire stations, hospitals, parks, public utility distribution substations, schools, communication equipment buildings, etc.

105. RECREATIONAL VEHICLE — A motor home, travel trailer, truck camper, or camping trailer, with or without motor power, designed for human habitation for recreational or emergency occupancy.

106. RESIDENTIAL CARE HOME — A State authorized, certified or licensed family care home, foster home, or group home serving persons on a twenty-four-hour basis.

• 106(a). RETAIL SALES ESTABLISHMENT — An establishment or place of business primarily engaged in selling goods directly to the consumer, where such goods are generally available for immediate purchase and removal from the premises by the purchaser.

107. ROADSIDE STAND — A temporary structure designed or used for the display or sale of agricultural products.

108. SECOND RESIDENTIAL UNIT AND SENIOR HOUSING —

• a. SECOND RESIDENTIAL UNIT — An attached or detached dwelling unit which provides complete, independent living facilities for one (1) or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel/parcels as the principal residential unit. It shall not include a mobile home.

• b. SENIOR HOUSING — The City definition as to what constitutes a project eligible for consideration of a senior housing project shall be the same as provided in the California State Civil Code Sections 51.2 and 51.3 .

109. SHOPPING CENTER — is defined as a grouping of two (2) or more commercial units built primarily for retailing purposes on common property planned, developed, owned or managed as a unit with common off-street parking provided on the same site. For purposes of this ordinance, a Neighborhood Shopping Center shall be considered to be a shopping center primarily serving adjacent residential area.

110. SITE PLAN — A plan, to scale, showing all of the existing and proposed uses and structures for a lot, and may require elevations, floor plans, landscaping, and/or fencing details depending upon the nature of the proposed use.

111. STABLE — A detached accessory building for the shelter of horses or other hoofed animals.

112. STORY — That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused under-floor space is more than six (6) feet above grade, as defined in the Uniform Building Code, for more than fifty (50) percent of the total perimeter or is more than twelve (12) feet above grade such usable or unused under-floor space shall be considered as a story.

113. STREET — Any thoroughfare or public way not less than twenty (20) feet in width which has been dedicated or deeded to the public for public use.

114. STREET LINE — The boundary line between the right-of-way or easement for street, and the abutting property.

115. STRUCTURAL ALTERATIONS — Any change in the supporting members of a building or structure such as bearing walls, columns, beams, girders, or rafters.

116. STRUCTURE — That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

• 116.1. SUPPORTIVE HOUSING — Housing with no limit on length of stay, that is occupied by the target population, and that is linked to an on-site or off-site service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. (California Government Code Section 65582 , Senate Bill 745)

  • [Ord. No. 1230-15 Exh. A.]

• 116.2. TARGET POPULATION — Persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500 ) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people. (California Government Code Section 65582 , Senate Bill 745)

[Ord. No. 1230-15 Exh. A.]

• 116(a). TEMPORARY RETAIL USES — A use established for a fixed period of time with the intent to discontinue such use upon expiration of a specified time. Temporary uses do not involve the construction or alteration of any permanent structure or building.

117. TEMPORARY TRACT OFFICE — A temporary sales office located on the site of a new development, usually in a model home, and operated until sales are completed. [Ord. No. 1230-15 Exh. A.]

• 117(a). TRANSITIONAL HOUSING: Buildings configured as rental housing developments, but operated under program requirements that require termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance. ( California Government Code 65582, Senate Bill 745) [Ord. No. 1230-15 Exh. A.]

118. TRAVEL TRAILER — See "Recreational Vehicle."

119. TRAVEL TRAILER PARK — A facility designed and equipped in accordance with the requirements of applicable State laws, for the accommodation of travel trailers, motor homes, and recreational vehicles on a temporary basis.

120. TRUCK — Any commercial vehicle having a manufactured gross vehicle weight rating of ten thousand (10,000) pounds or more excluding recreational vehicles.

121. TRUCK TERMINAL — A facility for the loading and/or unloading of fuel, food products, materials or merchandise, including the fueling, repair, service, and temporary storage of trucks and trailers.

122. USE — The purpose for which a lot or structure is or may be leased, occupied, maintained, arranged, designed, intended, constructed, erected, moved, altered, or enlarged.

123. USE, ACCESSORY — A use which is incidental, related, appropriate, and clearly subordinate to the main use and does not alter the Principal Use of the subject lot.

124. USE, CONDITIONAL — A use which may be suitable only in specific locations in a zone or only if such use is designed or laid out on the site in a particular manner. A conditional use requires a use permit.

125. USE, NONCONFORMING — A use lawfully existing at the time of the adoption of this chapter, and which does not conform to the applicable regulations of this chapter. Includes any use lawfully existing in an area annexed to the City at the time of such annexation, and which does not conform to the applicable regulations of this chapter.

126. USE PERMIT — A permit approved by the Planning Commission for any use listed as a conditional use in that zone.

127. USE, PRINCIPAL — A permitted use not requiring a conditional use permit in that zone.

128. VENDING MACHINE — Any machine designed to sell and deliver merchandise equivalent in market value to the value of coins deposited therein.

129. YARD — An open space other than a court on the same lot with a building, unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter.

130. YARD, EXTERIOR SIDE — A yard which is adjacent to a street on a corner lot which is not a front yard measured between the side lot line and the nearest vertical support or wall of the main building.

131. YARD, FRONT — A yard which extends across the full width of the lot measured between the front lot line and the nearest vertical support or wall of the main building.

132. YARD, INTERIOR SIDE — A yard which is adjacent to an interior lot line measured between the side lot line and the nearest vertical support or wall of the main building.

133. YARD, REAR — A yard which extends across the full width of the lot measured between the rear lot line and the nearest vertical support or wall of the main building.

134. YARD, SIDE — A yard which extends from the front yard to the rear yard measured between the side lot line and the nearest vertical support or wall of the main building.

135. ZONE — A portion of the territory of the City within which certain uniform regulations and requirements, or various combinations thereof apply, pursuant to the provisions of this chapter.

136. ZONE, OVERLAY — See "District, Combining."

The zones hereby established and into which the City is divided are designated as follows:

0-S Open Space District

R-A Residential Agricultural

R-1 Single Family Residential R-2 Duplex Residential

R-3 Multiple Family Residential

C-1 Neighborhood Commercial C-2 General Commercial C-C Central Commercial L-M Limited Industrial

M-1 Light Industrial M-2 Heavy Industrial

P-D Planned Development Overlay

H-C Historical/Cultural (Combining District)

The designations, locations, and boundaries of the zones listed in § 36-3.1 are set forth on the officially adopted Zoning Map or Maps of the City on file in the office of the City Clerk. The Zoning Map or Maps and all notations, references, data, and other information shown thereon and this chapter, shall together constitute the Zoning Ordinance.

All territory within the City shall be classified as a part of that zoning district recommended by the Planning Commission and adopted by the City Council in accordance with the General Plan. All territory shall retain its classification unless and until it is otherwise zoned in the manner prescribed by law. The City may pre-zone unincorporated territory within the General Plan area of the City for the purpose of determining the zoning that will apply to such territory in the event of subsequent annexation to the City. The procedure for such pre-zoning shall be as prescribed in § 36-23 of this chapter, and such pre-zoning shall become effective upon annexation of the territory to the City.

Except as other wise provided in this chapter:

• A. No building or part thereof or other structure shall be erected, altered, added to or enlarged, nor shall any land, building structure or premises be used, designated or intended to be used for any purpose, or in any manner other than as included among the uses listed in this chapter as permitted in the zone in which buildings, land or premises are located.

• B. No building or part thereof or structure shall be erected, reconstructed, or structurally altered to exceed in height the limit designated in this chapter for the zone in which the building is located.

• C. No building or part thereof or other structure shall be erected, nor shall any existing building be altered, enlarged, rebuilt, or moved into any zone, nor shall any open space be encroached upon or reduced in any manner, except in conformity to the yard, building site area, and building location regulations hereinafter designated for the zone in which such building or open space is located.

• D. No yard or other open space, off-street parking space, garage space, or loading space provided about any building for the purpose of complying with the provisions of this chapter shall be considered as a yard or open space, off-street parking space, garage space, or loading space for any other building, except as otherwise provided in this chapter.

• [1] Editor's Note: The Summary Chart of Zone Regulations is not contained herein, but can be found on file in the office of the City Clerk.

Where any uncertainty exists as to the boundaries of a zoning district as shown on the zoning map, the following rules shall apply:

• A. Streets or Alleys: Where a zoning boundary line is indicated as following a street or alley, the center lines of such streets or alleys shall be construed to be the boundaries of such zones.

• B. Lot Lines: Where a zoning boundary line follows or coincides approximately with a lot line or property ownership line, it shall be construed as following the lot line or property ownership line.

• C. Scale on Map: Where a zoning boundary line is not indicated as following a street or alley, and does not follow or coincide approximately with a lot line or property ownership line, the zoning boundary line shall be determined by the use of the scale designated on the zoning map.

• D. Further Zoning Boundary Uncertainties: Where further uncertainty exists, the Planning Commission, upon receiving written application or upon its own motion, shall determine the location of the zoning boundary in question giving due consideration to the location indicated on the zoning map, the objectives of the Zoning Ordinance, the purposes set forth in the zoning district regulations, and any previous actions of the City Council or the Planning Commission.

§ 36-4. Flood Hazard Prevention.

[Ord. No. 1155, § 36-4.1; Ord. No. 1245-16.]

The Legislature of the State of California has in Government Code Sections 65302 , 65560 and 65800 conferred upon local government units authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City of Oakdale does ordain the following finding of fact:

• A. The flood hazard areas of the City of Oakdale are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

• B. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.

• C. The lands to which this section applies shall be those areas delineated on the Flood Insurance Rate Map (FIRM).

[Ord. No. 1155, § 36-4.2; Ord. No. 1245-16.]

It is the purpose of this section to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:

• A. To protect human life and health;

• B. To minimize expenditure of public money for costly flood control projects;

• C. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

• D. To minimize prolonged business interruptions;

• E. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;

• F. To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas;

• G. To insure that potential buyers are notified that property is in an area of special flood hazard; and

• H. To insure that those who occupy the areas of special flood hazard assume responsibility for their actions.

[Ord. No. 1155, § 36-4.3; Ord. No. 1245-16.]

In order to accomplish its purposes, this section includes methods and provisions for:

• A. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities;

• B. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

• C. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood water;

• D. Controlling filling, grading, dredging, and other development which may increase flood damage; and

• E. Preventing of regulating the construction of flood barriers which will unnaturally divert flood water or which may increase flood hazards in other areas.

[Ord. No. 1155, § 36-4.4; Ord. No. 1245-16.]

In order to accomplish its purposes, this section includes the following restrictions:

• A. All development will be prohibited in the special flood hazard areas.

• B. The only special flood hazard areas remain located adjacent to and in the watercourse of the Stanislaus River where development is not feasible.

• C. No variances will be issued in the prohibited area.

[Ord. No. 1155, § 36-4.5.; Ord. No. 1245-16.]

Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application.

• A. APPEAL — A request for a review of the Floodplain Administrator's interpretation of any provision of this section or a request for a variance.

• B. AREA OF SPECIAL FLOOD HAZARDS — See "Special Flood Hazard Area."

• C. BASE FLOOD — The flood having a one (1%) percent change of being equaled or exceeded in any given year (also called the "100-year flood").

• D. BASEMENT — Any area of the building having its floor subgrade - On all sides.

• E. DEVELOPMENT — Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

• F. ENCROACHMENT — The advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.

• G. EXISTING MANUFACTURED HOME PARK OR SUBDIVISION — A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the

construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted.

• H. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION — The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

• I. FLOOD, FLOODING, OR FLOOD WATER — A general and temporary condition or partial or complete inundation of normally dry lands area from: (a) the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source and/or mudslides (i.e., mudflows); and/or (b) the condition resulting from flood-related erosion.

• J. FLOOD BOUNDARY AND FLOODWAY MAP — The official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazards and the floodway.

• K. FLOOD HAZARD ZONE — An area subject to flooding that is delineated as either a special hazard area or an area of moderate or minimal hazard on an official Flood Insurance Rate Map issued by the Federal Emergency Management Agency. The identification of flood hazard zones does not imply that areas outside the flood hazard zones, or uses permitted within flood hazards, will be free from flooding or flood damage.

ONE — An area subject to flooding that is delineated as either a special hazard area or an area of moderate or minimal hazard on an official Flood Insurance Rate Map issued by the Federal Emergency Management Agency. The identification of flood hazard zones does not imply that areas outside the flood hazard zones, or uses permitted within flood hazards, will be free from flooding or flood damage.

• L. FLOOD INSURANCE RATE MAP (FIRM) — The official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk of premium zones applicable to the community.

• M. FLOOD INSURANCE STUDY — The official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.

• N. FLOODPLAIN OR FLOOD-PRONE AREA — Any land area susceptible to being inundated by water from any source (see definition of "flooding").

• O. FLOODPLAIN ADMINISTRATOR — The individual appointed to administer and enforce the floodplain management regulations. The City Community Development Director is hereby appointed to administer, implement, and enforce this section by granting or denying development permits in accord with its provisions.

• P. FLOODPLAIN MANAGEMENT — That operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations, and open space plan.

• Q. FLOODPLAIN MANAGEMENT REGULATIONS — This section and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances, subdivision regulations, building codes, health regulations, special ordinances (such as grading and erosion control) and other applications of police power which control development in flood prone areas. The term describes Federal, State or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

• R. FLOOD PROOFING — Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

• S. FLOOD-RELATED EROSION — The collapse or subsidence of land along the shore of a lake or other body of water as a result of undermining caused by waves or currents of water exceeding anticipated cyclical level or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature,

such as a flash flood or an abnormal tidal surge, or, by some similarly unusually and unforeseeable event which results in flooding.

• T. FLOODWAY — The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. Also referred to as "regulatory floodway."

• U. GOVERNING BODY — The local governing unit, i.e. County or municipality, that is empowered to adopt and implement regulations to provide for the public health, safety, and general welfare of its citizenry.

• V. HISTORIC STRUCTURE — Any structure that is:

  1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

  2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

  3. Individually listed on a State inventory of historic places in states with historic preservationprograms which have been approved by the Secretary of Interior; or

  4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved State program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.

• W. LOWEST FLOOR — The lowest floor of the lowest enclosed area, including basement (see "Basement" definition).

• X. MANUFACTURED HOME — A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days.

• Y. MANUFACTURED HOME PARK OR SUBDIVISION — A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for sale or rent.

• Z. MARKET VALUE — Shall be determined by estimating the cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation which has accrued since the structure was constructed. The cost of replacement of the structure shall be based on a square foot cost factor determined by reference to a building cost estimating guide recognized by the building construction industry. The amount of depreciation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence as approved by the Floodplain Administrator, but shall not include economic or other forms of external obsolescence. Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be considered only if such factors are included in a report prepared by an independent professional appraiser and supported by a written explanation of the differences.

• AA. MEAN SEA LEVEL — For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevation shown on a community's Flood Insurance Rate Map are referenced.

• BB. NEW MANUFACTURED HOME PARK OR SUBDIVISION — A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the

construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by this community.

• CC. NEW CONSTRUCTION — For floodplain management purposes, structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by this community and includes any subsequent improvements to such structure.

• DD. OBSTRUCTION — Includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse, which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

• EE. ONE HUNDRED YEAR FLOOD OR 100-YEAR FLOOD — A flood which has a one (1%) percent annual probability of being equaled or exceeded. It is identical to the "base flood," which will be the term used throughout this section.

• FF. PERSON — An individual or his agent, firm, partnership, association or corporation, or agent of the aforementioned groups, or this State or its agencies or political subdivisions.

• GG. RECREATIONAL VEHICLE — A vehicle which is: (a) built on a single chassis; (b) four hundred (400) square feet or less when measured at the largest horizontal projection; (c) designed to be self-propelled or permanently towable by a light-duty truck; and (d) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

• HH. REMEDY A VIOLATION — To bring the structure or other development into compliance with State or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damage, implementing the enforcement provisions of this section or otherwise deterring future similar violations, or reducing Federal financial exposure with regard to the structure or other development.

• II. RIVERLINE — Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

• JJ. SPECIAL FLOOD HAZARD AREA (SFHA) — An area having special flood or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-30, AE, A99, AH.

• KK. STRUCTURE — A walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.

• LL. START OF CONSTRUCTION — Includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (180) days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home of a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structure part of a building, whether or not that alteration affects the external dimensions of the building.

• MM. SUBSTANTIAL DAMAGE — Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50%) percent of the market value of the structure before the damage occurred.

• NN. SUBSTANTIAL IMPROVEMENT — Any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds fifty (50%) percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. This term does not, however, include either: (a) any project for improvement of a structure to correct existing violations or State or local health, sanitary, or safety code specifications which have been identified by the local Code Enforcement Official and which are the minimum necessary to assure safe living conditions: (b) any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."

• OO. VIOLATION — The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this section is presumed to be in violation until such time as that documentation is provided.

• PP. WATER SURFACE ELEVATION — The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or river in areas.

• QQ. WATERCOURSE — A lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

[Ord. No. 1245-16.]

Development of land, including but not limited to development agreements, tentative subdivision maps, parcel maps, discretionary approvals and ministerial approvals for residential units, shall not be approved unless the applicable findings required in § 36-31 have been made.

• [1] Editor's Note: Former Subsection 36-4.6, Basis for establishing the areas of special flood hazard containing portions of Ordinance No. 1155, was deleted by Ordinance No. 1245-16.

The regulations set out in this section shall apply in all 0-S Zones and shall be subject to the provisions of § 36-18 .

To preserve open space recreation areas, areas of historical and cultural value, areas devoted to the enjoyment of scenic beauty and conservation of natural resources, and landscaped areas.

Buildings, structures, and land shall be used, and buildings and structures shall be erected, structurally altered, or enlarged in the 0-S Districts only for the following uses, plus such other uses as the Planning Commission may deem to be similar and not detrimental to the public health, safety, and welfare. All uses shall be subject to the property development standards in § 36-5.6 .

• A. Public parks and playgrounds.

• B. Cemeteries, crematories, and mausoleums.

• C. Golf courses and golf driving ranges. D. Flood plains.

Only those accessory uses and accessory buildings customarily appurtenant to a principal use.

The following uses may be permitted in the 0-S District subject to a Use Permit provided for in § 3620 :

• A. Agricultural uses and structures subject to the provisions of § 36-18 .

• B. Airports and Heliports

• C. Outdoor recreation facilities and activities to include circuses, carnivals, concerts, equestrian events and facilities, campgrounds, and recreational vehicle parks.

• D. Country clubs, social halls, lodges, fraternal organizations, and recreation clubs.

• E. Public buildings, waste water treatment, and storm water retention basins.

• F. Public utility substations.

The following property development standards shall apply to all land and buildings in the 0-S District:

• A. Lot Area. For all new lots and proposed rezoning, the following provisions shall apply:

  1. For Principal Uses, no standards.

  2. For uses requiring a Use Permit, as specified by the Planning Commission.

• B. Lot Coverage.

  1. For Principal Uses, maximum coverage of lot area shall be ten (10%) percent.

  2. For uses requiring a Use Permit, as specified by the Planning Commission.

• C. Lot Dimensions. No standards.

• D. Setback Requirements. The following setback/yard requirements shall apply to all uses in the 0- S District:

  1. Front yard: Thirty-five (35) feet.

  2. Side yards:

  • a. Interior side: Twenty (20) feet.

  • b. Exterior side of corner lot: Thirty-five (35) feet. 3. Rear yard: Forty (40) feet.

• E. Distance between buildings: The minimum distance between the principal building and any accessory building and between any accessory building and any other accessory building shall be ten (10) feet.

• F. Building Height. No building erected shall have a height greater than two (2) stories and not to exceed thirty-five (35) feet. Permitted projections above these heights include: ventilating fans or similar equipment required to operate and maintain the building, flag poles, chimneys, or similar structures approved under Site Plan Review (§ 36-19 ).

• G. Unit Density. No standard.

• H. Site Plan Review. Prior to the issuance of any Building Permit for the erection of any structure on any lot, a Site Plan shall be submitted and considered pursuant to Site Plan Review requirements of § 36-19 .

• I. Landscaping and Open Space. No standard.

• J. Fences, hedges, walls, and screen plantings. Fences, hedges, walls, and screen plantings shall be erected subject to the provisions of § 36-24 .

• K. Off-Street Parking Requirements: For all uses, as specified in § 36-25 .

• L. Off-Street Loading: For all uses, as specified in § 36-25 .

• M. Vehicular Access. For all uses, there shall be vehicular access to the off-street parking and loading facilities from a dedicated public street unless otherwise approved.

• N. Signing: For all uses, as specified in § 36-26 .

• O. Laundry, Clothes Drying Areas, and Facilities. For all uses, none allowed in front and exterior side yards.

• P. All refuse, garbage and trash bins one-half (1/2) yard or larger shall be screened from public view.

[Ord. No. 1230-15 Exh. A.]

The regulations set out in this section shall apply in all R-A Districts and shall be subject to the provisions of § 36-18 .

[Ord. No. 1230-15 Exh. A.]

To provide living areas at the fringe of the City's corporate areas which combine certain advantages of both urban and rural location by limiting development to very low density concentrations of one family dwellings and permitting limited numbers of animals to be kept for pleasure or hobbies, generally free from activities of a commercial nature; further, to provide transition or buffer areas between intense residential uses and agricultural preserves to avoid conflicts of use and to facilitate

and encourage the provision of decent, affordable housing for farm workers by not requiring a conditional use permit, zoning variance, or other zoning clearance for farm worker housing that is not required of any other Residential Agricultural (RA) zone.

[Ord. No. 1109A § 3; Ord. No. 1230-15 Exh. A.; Ord. No. 1256-18.]

Buildings, structures, and land shall be used, and buildings and structures shall be erected, structurally altered, or enlarged in the R-A Zones, only for the following uses, plus such other uses as the Planning Commission may deem to be similar and not detrimental to the public health, safety, and welfare. All uses shall be subject to the property development standards in § 36-6.6 .

• A. Single family dwelling of not less than 900 square feet.

• B. Mobile homes, certified under the National Construction and Safety Standards Act of 1974, placed on permanent foundation and subject to the provisions of § 36-18.24 .

• C. Accessory buildings such as garages, carports, storage sheds and the storage of one unoccupied recreational vehicle and one trailer.

• D. Second residential unit subject to the provisions of § 36-18.22 , and Site Plan Review, § 36-19 .

• E. State licensed Small Family Day-Care Homes, six or fewer children as defined by the California State Health and Safety Code are allowed outright. State licensed Large Family Day Care Homes, seven (7) to twelve (12) children are allowed subject to the provisions of § 36-6.5 .

• F. The growing of fruit and nut trees, vine crops, and horticultural stock primarily for noncommercial activities (i.e., production of food or fiber for personal use and consumption).

• G. Home occupations as defined in § 36-2.2 (67) with one sign of not over two (2) square feet, indicating the name of the occupant and the home occupation, and affixed flat on the front of the residence, and subject to the conditions in § 36-18.21 .

• H. (Reserved)

• I. Parks owned and operated by a governmental agency.

• J. Storm drainage basins serving residentially zoned property.

• K. Cemeteries, crematories, and mausoleums.

• L. Transitional and Supportive Housing, as defined in § 36-2.2 [117(a) and 116.1, respectively].

• M. Employee Housing with a maximum of thirty-six (36) beds in a group quarters or 12 units or spaces as defined in § 36-2.2 (50)(b).

• N. Cultivation of cannabis for personal use as defined and regulated by Chapter 37 .

Only those accessory uses and accessory buildings customarily appurtenant to a principal use.

[Ord. No. 992, Exh. A, 1992.]

The following uses may be conditionally permitted in the R-A District subject to the provisions of Sections 36-20.2 through 36-20.5 .

• A. Minor Use Permits.

  1. State licensed day care centers (seven (7) to twelve (12) children, as defined by the California State Health and Safety Code ).

  2. Temporary subdivision sales office.

  3. Guest house or servants quarters.

  4. Provisions of lodging and/or boarding for more than three (3) persons by an owner who lives on the premises.

• B. Major Use Permits.

  1. Airports and heliports.

  2. Outdoor recreation facilities and activities to include circuses, carnivals, concerts, equestrian events and facilities, and campgrounds.

  3. Country clubs, social halls, lodges, fraternal organizations, and recreational clubs.

  4. State licensed foster homes, residential care homes, and day care centers (more than twelve (12) children, as defined by the California State Health and Safety Code ).

  5. Churches.

  6. Golf courses and golf driving ranges.

  7. Temporary (ninety (90) days maximum per year) wayside stands for the display and sale of the agricultural products of the immediate site with one (1) single or double faced sign not over six (6) square feet and subject to all yard requirements. No such stand may be erected on any site of less than forty thousand (40,000) square feet.

  8. Veterinary offices, clinics and kennels.

  9. Public buildings, wastewater treatment, etc.

  10. Public utility substations.

• C. Expansions and Permit Extensions. Except as stated in the individual Major and Minor Use Permit Projects Approval Resolution, Expansion and Permit Extensions are permitted per § 3620.5 .

[Ord. No. 911, § 1, 1987; Ord. No. 1035, § 2, 1996.]

The following property development standards shall apply to all land and buildings in the R-A Districts:

• A. Lot Area. The minimum lot area for all permitted uses shall be eight thousand (8,000) square feet.

• B. Lot Coverage. For all uses, the maximum coverage of lot area shall be forty (40%) percent.

• C. Lot Dimensions. For all new lots and proposed rezoning, the following provisions shall apply:

  1. Interior Lots, the minimum width at the building setback line shall be seventy (70) feet, and forty-five (45) feet at the front property line.

  2. Corner Lots, the minimum width at the building setback line shall be eighty (80) feet, and fifty-five (55) feet at the front property line.

  3. The lot depth shall not be more than three times the width.

• D. Setback Requirements. The following setback/yard requirements shall apply to all uses in the R- A District.

  1. Front Yard: Twenty (20) feet.

  2. Side Yards:

     • a. Interior side: Ten (10) feet.

     • b. Exterior side of corner lot: Ten (10) feet.

  3. Rear yard: Ten (10) feet.

• E. (Reserved)

• F. Building Height. No building erected shall have a height greater than two (2) stories and not to exceed thirty-five (35) feet. Permitted projections above these heights include: ventilating fans or similar equipment required to operate and maintain the building, flag poles, chimneys, or similar structures.

• G. Unit Density. For all residential uses, five (5) dwelling units shall be the maximum allowed per net subdivision acre.

• H. Site Plan Review. With the exception of single family dwellings and related accessory buildings, prior to the issuance of any Building Permit for the erection of any structure on any lot, a Site Plan shall be submitted and considered pursuant to Site Plan Review requirements of § 36-19 .

• I. Fences, Hedges, Walls, and Screen Plantings. Fences, hedges, walls, and screen plantings shall be erected subject to the provisions of § 36-18.28 . In general, no fence, shrubbery, or architectural feature of the main or accessory building shall block the view of the driver of any vehicle in the driveway or any vehicle or pedestrian on the public street or sidewalk as outlined in 36-18.23 - Vision Obstructions.

• J. Off-Street Parking Requirements.

  1. For all residential uses, two (2) paved and covered parking spaces for each dwelling unit. If there is a second unit on the property, one additional paved space.

  2. For all other than residential Principal Uses, as specified in § 36-25 .

• K. Off-Street Loading. For all uses, as specified in § 36-25 .

• L. Vehicular Access. For all uses, there shall be vehicular access to the off-street parking and loading facilities from a dedicated public street.

• M. Signs. For all uses, as specified in § 36-26 .

• N. Laundry, Clothes Drying Areas, and Facilities. For all uses, none allowed in front and exterior side yards.

• O. All refuse, garbage and trash bins one-half (1/2) yard or larger shall be screened from public view.

• P. Street Address. The numerals used for the street address shall be self-illuminated and clearly visible from the street.

[Ord. No. 1230-15 Exh. A.]

The regulations set out in this section shall apply in all R-1 District and shall be subject to the provisions of § 36-18 .

[Ord. No. 1230-15 Exh. A.]

To provide living areas where development is limited to low density housing; to ensure adequate light, air, privacy, and open space for each dwelling; to provide space for community facilities needed to complement urban residential areas and for institutions which require a residential environment.

[Ord. No. 1143, Exh. A.; Ord. No. 1230-15 Exh. A.; Ord. No. 1256-18.]

Buildings, structures, and land shall be used, and buildings and structures shall be erected, structurally altered, or enlarged in the R-1 Districts, only for the following uses, plus such other uses as the Planning Commission may deem to be similar and not detrimental to the public health, safety, and welfare. All uses shall be subject to the property development standards in § 36-7.6 .

• A. One (1) single-family dwelling of not less than 900 square feet.

• B. Mobile homes, certified under the National Construction and Safety Standards Act of 1974, placed on permanent foundation and subject to the provisions of § 36-18.24 .

• C. Storm drainage basins serving residentially zoned property.

• D. Second residential unit subject to the provisions of § 36-18.22 , and Site Plan Review, § 36-19 .

• E. Zero lot line construction for residential construction: Dwellings are permitted subject to Site Plan Review in § 36-19 based on the following conditions:

  1. That the dwellings constructed on the zero-lot line shall be on adjacent lots and be of common wall type construction, or on a single lot provided that a maintenance easement has been secured from the property owner adjacent to the "zero lot line."

  2. The parcel size upon which the common wall and single dwellings are constructed shall each be at least 2,500 square feet in area.

  3. The dwelling unit(s) on each lot, including required covered parking, shall not exceed fifty (50%) percent at ground floor level of total area of each lot.

  4. One of the required parking spaces for each dwelling unit on each lot shall be covered.

  5. The minimum side yard requirements shall be five (5) feet or twenty (20%) percent of the lot frontage, whichever is greater.

  6. Except as provided by this section, all other requirements of the Code of the City of Oakdale shall apply to zero lot line common wall construction, and single lot with a maintenance easement.

• F. State licensed Small-Family Day-Care Homes, as defined by the California State Health and Safety Code are allowed outright. State licensed Large-Family Day-Care Homes, as defined by the California State Health and Safety Code are allowed subject to the provisions of § 36-7.5 .

• G. Parks owned and operated by a governmental agency.

• H. The growing of fruit and nut trees, vine crops, and horticulture stock for personal use.

• I. Signs subject to the provisions of § 36-26 .

• J. Home occupations as defined in § 36-2.2 (67) with one sign of not over two (2) square feet, indicating the name of the occupant and the home occupation, and affixed flat on the front of the residence, and subject to the conditions in § 36-18.21 .

• K. Transitional and Supportive Housing as defined in § 36-2.2 (117(a) and 116.1, respectfully).

• L. Employee Housing for six (6) or fewer workers as defined in § 36-2.2 (50(b)).

• M. Cultivation of cannabis for personal use as defined and regulated by Chapter 37 .

Only those accessory uses and accessory buildings customarily appurtenant to a principal use.

[Ord. No. 992, Exh. B, 1992; Ord. No. 1134, Exh. A; Ord. No. 1143, Exh. A.]

The following uses may be conditionally permitted in the R-1 District subject to the provisions of Sections 36-20.2 through 36-20.5 .

• A. Minor Use Permits.

  1. State licensed large-family day-care homes (as defined by the California State Health and Safety Code ).

  2. Temporary subdivision sales office.

  3. Guest house or servants quarters.

  4. Provision of lodging and/or boarding for more than three (3) persons by an owner who lives on the premises.

  5. Mobile home park not to exceed five (5) units.

  6. Provisions for a corner lot duplex with a minimum square foot lot area of eight thousand eight hundred (8,800) square feet with separate access provided.

  7. Provisions for an interior lot duplex with a minimum square foot lot area of eight thousand eight hundred (8,800) square feet.

• B. Major Use Permits.

  1. Public buildings, except for storage or repair yards.

  2. Public utility substations.

  3. Schools, churches and religious institutions.

  4. State licensed foster homes, residential care homes, and day-care centers other than largefamily day-care homes (as defined by the California State Health and Safety Code ).

  5. Mobile home parks with six (6) or more units.

• C. Expansions and Permit Extensions. Except as stated in the individual Major or Minor Use Permit Projects Approval Resolution, Expansion and Permit Extensions are permitted per § 36-20.5 .

(Ord. No. 911, §§ 2, 3 (part), 4 (part), 5 (part), 1987; Ord. No. 954, § 2; Ord. No. 960, § 2; Ord. No. 976, § 3; Ord. No. 1026, § 1, 1995; Ord. No. 1035, § 2, 1996; Ord. No. 1081, § 1, 2001; Ord. No. 1118, § 2; Ord. No. 1135, Exh. A; Ord. No. 1143, Exh. B, C.)

The following property development standards shall apply to all land and buildings in the R-1 Districts:

• A. Lot Area. The minimum lot area for all permitted uses outside of the boundaries of the City of Oakdale as it existed in 1913, shall be:

  1. Interior Lots, the minimum lot area shall be six thousand (6,000) square feet.

  2. Corner Lots, the minimum lot area shall be six thousand five hundred (6,500) square feet for corner lots.

  3. Within the boundaries of the City of Oakdale as it existed in 1913, the minimum lot area for all permitted uses on both interior and corner lots shall be five thousand (5,000) square feet.

  4. The provisions of § 36-7.6 , with respect to the division of land into parcels as small as five thousand (5,000) square foot area shall only apply to the following City blocks as per the 1913 boundary of the City: 01, 02, 03, 05 through 24, and 26 through 54, 59, 60, 63, 64, 68, 69, 70, 76, 77, 78, 86, 87, 88, 90, 91, 92, 97, and 100 through 105, 108, 109, 111, 112, 114, 115, 129, 130, 131, and 133 through 137, 140, 141, and 144 through 148, 150, 151, 152, and 163 through 166, 169, 190, 191 and 215 through 219, 223, 224, 228, and 229.

• B. In any district where a minimum lot area is established, a lot of record having less than the required area and/or width may be used subject to the provisions of site plan review in § 36-19 and subject to the following requirements:

  1. If a lot is narrower than the width specified for the district in which it is situated, no side yard may be less than 5 ft. in width unless the lot is developed as zero lot line construction.

  2. For single family dwelling units, the depth of the rear yard of any lot shall be 10 ft. or 15% of the depth of the lot, whichever is greater. For duplexes and multi-family units the depth of the rear yard of any lot shall be a minimum of five (5) feet.

• C. Lot Coverage. Fifty (50%) percent covered area defined as all roofed areas including porches, garages, carports, and storage and accessory buildings.

• D. Lot Dimensions. For all new lots and proposed rezoning, the following provisions shall apply:

  1. Interior Lots, the minimum width at the building set-back line shall be fifty-five (55) feet, and forty-five (45) feet at the front property line, except as provided in 36-7.6 A.3.

  2. Corner Lots, the minimum width at the building setback line shall be sixty-five (65) feet, and fifty (50) feet at the front property line, except as provided in 36-7.6 A.3.

  3. Within the boundaries of the City of Oakdale as it existed in 1913, the minimum lot width for both interior and corner lots shall be fifty (50) feet at the building setback line, and forty-five (45) feet at front property line.

  4. The lot depth in all areas shall not be more than three times the width.

• E. Setback Requirements. The following setback/yard requirements shall apply to all uses in the R- 1 District and as may be required by a Specific Plan:

  1. Front Yard: Twenty (20) feet.

  2. Side Yards:

     • a. Interior side: Seven and one-half (7.5) feet no architectural encroachments permitted within required side yards. New residential developments with pre-plotting of homes may utilize a combination of five (5) and ten (10) foot setbacks for two-story homes constructed on adjoining lots where a minimum of fifteen (15) feet of separation between adjoining structures is still achieved. Within the boundaries of the City of Oakdale as it existed in 1913, or for residential structures existing on the effective date of this ordinance, the minimum side yard setback shall be five (5) feet with no architectural encroachments permitted.

     • b. Exterior side of corner lot: Ten (10) feet, except that required parking spaces and/or required parking structures shall have a minimum setback of twenty (20) feet to the garage door whenever primary vehicular access is provided from a dedicated street.

  3. Rear yard: Ten (10) feet, except that a corner lot is allowed a rear yard of five (5) feet. However, any structure that provides covered or enclosed space for required off-street parking spaces, and is placed in the rear half of the lot, shall be situated to provide a minimum open driveway length of twenty (20) feet from any street or alley providing vehicle access to that structure unless an alternative arrangement is approved by the Site Plan Review Committee pursuant to § 36-19.7 .

• F. The following are exceptions to E. Setback/Yard Requirements shall be permitted in the R-1 District:

  1. Whenever an official plan line has been established for any street, required yards shall be measured from such line and in no case shall the provisions of this chapter be construed as permitting an encroachment upon any official plan line.

  2. Where four (4) or more lots in a block have been improved with buildings at the time of the effective date hereof (not including accessory buildings and a minimum of a twenty (20) foot setback for required parking spaces and/or parking structures), the minimum required front setback shall be the average of the improved lots, if said setback is less than the stated requirements of the District.

  3. The following regulations shall apply to all portable carports:

     • a. A building permit shall be required prior to the installation of any portable carport to be consistent with Fire and Uniform Building Codes, including proper placement and anchoring.

     • b. Portable carports shall not be located within twenty (20) feet of the front property line in R-1 (Single Family Residential) Districts, and in no case shall these carports be permitted to encroach beyond the front elevation of the residence.

     • c. Portable carports shall not be located closer than three (3) feet to side and rear yard property lines.

• G. Maximum Floor Area Ratio.

1. In Single Family Residential zone districts (including similar districts within adopted specific plans), the floor area ratio (FAR) for single family residential structures shall not exceed thirty-five (35%) percent. This FAR standard does not apply to any single family residential structure existing on the effective date of this ordinance amendment [[1]] and to property within the City of Oakdale as it existed in 1913, nor parcels under two (2.0) acres in size. [1] Editor's Note: Ordinance No. 1118, Exhibit B of which is codified herein as Subsection G. was adopted September 7, 2004 and amended by Ordinance No. 1135, adopted March 6, 2006.

   2. Definitions.

FLOOR AREA RATIO

The gross floor area of a residential building on a lot divided by the lot area (in square footage).

GROSS FLOOR AREA

The sum of the gross horizontal areas of one (1) or more floors of a residential structure used as enclosed space, measured from the face of interior walls and ceilings, found by multiplying the width and length of any such enclosed space. Gross floor area will not include covered space designed solely for the parking of motor vehicles (garages).

• H. Building Height. No building erected shall have a height greater than two (2) stories and not to exceed thirty-five (35) feet, and twenty-five (25) feet for accessory buildings. Permitted projections above these heights include: ventilating fans or similar equipment required to operate and maintain the building, flag poles, chimneys, or similar structures.

• I. Unit Density. For all residential uses, ten (10) dwelling units shall be the maximum allowed per net subdivision acre, unless a density bonus is allowed for low or moderate income housing and/or senior citizen housing. In granting any density bonus, adequate assurance, including but not limited to deed restrictions and/or development agreements with yearly reporting requirements to the Community Development must be provided that said housing units will remain available to low and moderate income housing, and/or senior citizens.

• J. Site Plan Review. With the exception of a single-family structure on any lot, a site plan shall be submitted and considered pursuant to the site plan review requirements of § 36-19 .

• K. Landscaping and Open Space. For mobile home parks a minimum of twenty-five (25%) percent of the lot area shall be landscaped or a bond posted to ensure satisfactory completion of said landscaping prior to issuance of an occupancy permit. Landscaping shall be installed as specified in § 36-24 .

• L. Fences, Hedges, Walls, and Screen Plantings. Fences, hedges, walls, and screen plantings shall be erected subject to the provisions of § 36-18.28 . In general, no fence, shrubbery, or architectural feature of the main or accessory building shall block the view of the driver of any vehicle in the driveway or any vehicle or pedestrian on the public street or sidewalk as outlined in 36-18.23 - Vision Obstructions.

• M. Off-Street Parking Requirements.

1. For all residential uses, there shall be two (2) paved spaces, one of which must be covered. If there is a second unit on the property, one additional paved space.

   2. For all other than residential Principal Uses, as specified in § 36-25 .

• N. Off-Street Loading. For all uses, as specified in § 36-25 .

• O. Vehicular Access. For all uses, there shall be primary vehicular access to the off-street parking and loading facilities from a dedicated public street. Secondary vehicular access from alleys is permitted, but primary vehicular access from alleys shall be permitted only when the following conditions exist:

  1. The alley has been determined to be the only feasible means of vehicular access to the lot.

  2. The alley has a minimum width of twenty (20) feet.

  3. The alley has been determined to be structurally sound in the opinion of the Director, or, if not structurally sound, will be improved by the Developer from the farthest property line to the nearest access point from a dedicated street.

• P. Signs. For all uses, as specified in § 36-26 .

• Q. Laundry, Clothes Drying Areas, and Facilities. For all uses, none allowed in front and exterior side yards.

• R. All refuse, garbage and trash bins one-half (1/2) yard or larger shall be screened from public view.

• S. Street Address. The numerals used for the street address shall be self-illuminated and clearly visible from the street.

• T. Recreational Facilities.

  1. Swimming Pools. Swimming pools in all Residential Districts shall not be located closer than five (5) feet to any rear lot line or side lot line. On the street side of any corner lot, no pool shall be located closer than fifteen (15) feet to such exterior side lot line. All measurements shall be from the water line of the pool tank perimeter.

     • Coverage by a swimming pool shall not be considered in measuring maximum lot coverage.

[Ord. No. 911, § 12, 1987; Ord. No. 1230-15 Exh. A.]

The regulations set out in this section shall apply in all R-2/R-2-M Districts and shall be subject to the provisions of § 36-18 .

[Ord. No. 1230-15 Exh. A.]

To provide living areas where a compatible mixture of one and two family dwellings may co-exist in a suitable environment for family living; to ensure adequate light, air, privacy, and open space for each dwelling; and to provide space for community facilities needed to complement urban residential areas and for institutions which require a residential environment.

[Ord. No. 911, § 12, 1987; Ord. No. 1143, Exh. A; Ord. No. 1230-15 Exh. A; Ord. No. 1256-18]

Buildings, structures, and land shall be used, and buildings and structures shall be erected, structurally altered, or enlarged in the R-2/R-2-M Districts, only for the following uses, plus such other uses as the Planning Commission may deem to be similar and not detrimental to the public health, safety, and welfare. All uses shall be subject to the property development standards in § 368.6 .

• A. One (1) single-family dwelling of not less than nine hundred (900) square feet.

• B. Mobile homes, certified under the National Construction and Safety Standards Act of 1974, placed on permanent foundation and subject to the provisions of § 36-18.24 .

• C. Two (2) single-family dwellings or a duplex on a single lot.

• D. Second residential unit built in conjunction with a single-family dwelling and subject to the provisions of § 36-18.22 , and Site Plan Review, § 36-19 .

• E. Zero lot line construction for residential construction: Dwellings are permitted subject to Site Plan Review in § 36-19 based on the following conditions:

  1. That the dwellings constructed on the zero-lot line shall be on adjacent lots and be of common wall type construction, or on a single lot provided that a maintenance easement has been secured from the property owner adjacent to the "zero lot line."

  2. The parcel size upon which the common wall and single dwellings are constructed shall each be at least 2,500 square feet in area.

  3. The dwelling unit(s) on each lot, including required covered parking, shall not exceed fifty (50%) percent at ground floor level of total area of each lot.

  4. One of the required parking spaces for each dwelling unit on each lot shall be covered.

  5. The minimum side yard requirements shall be a five (5) feet or twenty (20%) percent of the lot frontage, whichever is greater.

  6. Except as provided by this section, all other requirements of the Code of the City of Oakdale shall apply to zero lot line common wall construction, and single lot with a maintenance easement.

• F. Storm drainage basins serving residential areas.

• G. State licensed Small-Family Day-Care Homes, as defined by the California Health and Safety Code , are allowed outright. State licensed Large-Family Day-Care Homes, as defined by the California Health and Safety Code, are allowed subject to the provisions of § 36-8.5 .

• H. Parks owned and operated by a governmental agency.

• I. The growing of fruit and nut trees, vine crops, and horticulture stock for personal use.

• J. Signs subject to the provisions of § 36-26 .

• K. Home occupations as defined in § 36-2.2 (67) with one sign of not over 2 square feet, indicating the name of the occupant and the home occupation, and affixed flat on the front of the residence, and subject to the conditions in § 36-18.21 .

• L. Transitional and Supportive Housing as defined in § 36-2.2 (117(a) and 116.1, respectfully).

• M. Cultivation of cannabis for personal use as defined and regulated by Chapter 37 .

§ 36-8.4. Accessory Uses.

Only those accessory uses and accessory buildings customarily appurtenant to a principal use.

[Ord. No. 911, § 12, 1987; Ord. No. 992, Exh. C, 1992; Ord. No. 1143, Exh. A.]

The following uses may be conditionally permitted in the R-2/R-2-M District subject to the provisions of § 36-20.2 through 36-20.5 .

• A. Minor Use Permits.

  1. State licensed large-family day-care homes (as defined by the California State Health and Safety Code ).

  2. Temporary subdivision sales office.

  3. Guest house or servants quarters.

  4. Provision of lodging and/or boarding for more than three (3) persons by an owner who lives on the premises.

  5. Mobile home park or multi-family residential not to exceed five (5) units.

• B. Major Use Permits.

  1. Multiple family dwelling exceeding five (5) dwelling units per lot, but not to exceed § 368.6(I) (Unit Density).

  2. Mobile Home Parks exceeding five (5) units subject to the provisions of § 36-18.25 .

  3. Public buildings or public utility substations except storage or repair yards.

  4. Schools, churches and religious institutions.

  5. State licensed foster homes, residential care homes, and day-care centers other than largefamily day-care homes, (as defined by the California State Health and Safety Code ).

• C. Expansions and Permit Extensions. Except as stated in the individual Major and Minor Use Permit Projects Approval Resolution, Expansion and Permit Extensions are permitted per § 3620.5 .

(Ord. No. 911, §§ 3 (part), 4 (part), 5 (part), 12, 1987; Ord. No. 954, § 3; Ord. No. 960, § 3; Ord. No. 976, § 3; Ord. No. 1026, § 1, 1995; Ord. No. 1035, § 2, 1996; Ord. No. 1143, Exh. B,C,F.)

The following property development standards shall apply to all land and buildings in the R-2/R-2-M Districts:

• A. Lot Area. The minimum lot area for all permitted uses outside of the boundaries of the City of Oakdale as it existed in 1913, shall be:

  1. Interior Lots, the minimum lot area shall be six thousand (6,000) square feet.

  2. Corner Lots, the minimum lot area shall be six thousand five hundred (6,500) square feet for corner lots.

  3. Within the boundaries of the City of Oakdale as it existed in 1913, the minimum lot area for all permitted uses on both interior and corner lots shall be five thousand (5,000) square

feet.

4. The provisions of § 36-8.6 , with respect to the division of land into parcels as small as five thousand (5,000) square foot area shall only apply to the City Blocks as per the 1913 boundary of the City as described in § 36-7.6A4.

• B. In any district where a minimum lot area is established, a lot of record having less than the required area and/or width may be used subject to the provisions of site plan review in § 36-19 and subject to the following requirements:

  1. If a lot is narrower than the width specified for the district in which it is situated, no side yard may be less than 5 ft. in width unless the lot is developed as zero lot line construction.

  2. For single family dwelling units, the depth of the rear yard of any lot shall be ten (10) ft. or fifteen (15%) percent of the depth of the lot, whichever is greater. For duplexes and multifamily units the depth of the rear yard of any lot shall be a minimum of five (5) feet.

• C. Lot Coverage. Fifty (50%) percent covered area defined as all roofed areas including porches, garages, carports, and storage and accessory buildings.

• D. Lot Dimensions. For all new lots and proposed rezoning, the following provisions shall apply:

  1. Interior Lots, the minimum width at the building setback line shall be fifty-five (55) feet, and forty-five (45) feet at the front property line.

  2. Corner Lots, the minimum width at the building setback line shall be sixty-five (65) feet, and fifty (50) feet at the front property line.

  3. Within the boundaries of the City of Oakdale as it existed in 1913, the minimum lot width for both interior and corner lots shall be fifty (50) feet at the building setback line, and forty-five (45) at the front property line.

  4. The lot depth in all areas shall not be more than three times the width.

• E. Setback Requirements. The following setback/yard requirements shall apply to all uses in the R- 2/R-2-M District:

  1. Front Yard: Garages — twenty (20) foot minimum at vehicle entry doors. Dwellings — fifteen (15) foot minimum. Porch/Architectural Feature — ten (10) foot minimum. Roof overhangs or any architectural projections shall not occupy any public utility easements.

  2. Side Yards:

     • a. Interior side: Five (5) feet.

• b. Exterior side of corner lot: Ten (10) feet, except that required parking spaces and/or required parking structures shall have a minimum setback of twenty (20) feet to the garage door whenever primary vehicular access is provided from a dedicated street.

  3. Rear yard: Ten (10) feet, except that a corner lot is allowed a rear yard of five (5) feet. However, any structure that provides covered or enclosed space for required off-street parking spaces, and is placed in the rear half of the lot, shall be situated to provide a minimum open driveway length of twenty (20) feet from any street or alley providing vehicle access to that structure unless an alternative arrangement is approved by the Site Plan Review Committee pursuant to § 36-19.7 .

• F. The following are exceptions to E. Setback/Yard Requirements shall be permitted in the R-2/R2-M District:

  1. Whenever an official plan line has been established for any street, required yards shall be measured from such line and in no case shall the provisions of this chapter be construed as

permitting an encroachment upon any official plan line.

2. Where four (4) or more lots in the block have been improved with buildings at the time of the effective date hereof (not including accessory buildings and a minimum of twenty (20) foot setback for required parking spaces and/or parking structures), the minimum required front setback shall be the average of the improved lots, if said setback is less than the stated requirements of the District.

• G. (Reserved)

• H. Building Height. No building erected shall have a height greater than thirty-five (35) feet, and twenty-five (25) feet for accessory buildings. Permitted projections above these heights include: ventilating fans or similar equipment required to operate and maintain the building, flag poles, chimneys, or similar structures approved under Site Plan Review, § 36-19 .

• I. Unit Density. For all residential uses, fourteen (14) dwelling units shall be the maximum allowed per net subdivision acre, unless a density bonus is allowed for low or moderate income housing, and/or senior citizen housing. In granting any density bonus, adequate assurance, including but not limited to deed restrictions and/or development agreements with yearly reporting requirements to the Community Development, must be provided that said housing units will remain available to low and moderate income housing, and/or senior citizens.

• J. Site Plan Review. With the exception of a single-family structure on any lot, a site plan shall be submitted and considered pursuant to site plan review requirements of § 36-19 .

• K. Landscaping and Open Space. For duplexes, multiple family dwellings and mobile home parks a minimum of twenty-five (25) percent of the lot area shall be landscaped or a bond posted to ensure satisfactory completion of said landscaping prior to issuance of an occupancy permit. Landscaping shall be installed as specified in § 36-24 .

• L. Fences, Hedges, Walls, and Screen Plantings. Fences, hedges, walls, and screen plantings shall be erected subject to the provisions of § 36-18.28 . In general, no fence, shrubbery, or architectural feature of the main or accessory building shall block the view of the driver of any vehicle in the driveway or any vehicle or pedestrian on the public street or sidewalk as outlined in 36-18.23 - Vision Obstructions.

• M. Off-Street Parking Requirements.

  1. For all residential uses, there shall be two (2) paved spaces, one of which must be covered. If there is a second unit on the property, one additional paved space.

  2. For all other than residential Principal Uses, as specified in § 36-25 .

• N. Off-Street Loading. For all uses, as specified in § 36-25 .

• O. Vehicular Access. For all uses, there shall be primary vehicular access to the off-street parking and loading facilities from a dedicated public street. Secondary vehicular access from alleys is permitted, but primary vehicular access from alleys shall be permitted only when the following conditions exist:

  1. The alley has been determined to be the only feasible means of vehicular access to the lot.

  2. The alley has a minimum width of twenty (20) feet.

  3. The alley has been determined to be structurally sound in the opinion of the Director, or, if not structurally sound, will be improved by the Developer from the farthest property line to the nearest access point from a dedicated street.

• P. Signs. For all uses, as specified in § 36-26 .

• Q. Laundry, Clothes Drying Areas, and Facilities. For all uses, none allowed in front and exterior side yards.

• R. All refuse, garbage and trash bins one-half (1/2) yard or larger shall be screened from public view.

• S. Street Address. The numerals used for the street address shall be self-illuminated and clearly visible from the street. In multiple family developments and mobile home parks containing four (4) or more units, there shall be an internally lit sign at each entrance not to exceed fifteen (15) square feet in area containing a map showing the location of individual sites or units. In addition, each site or unit shall be identified with self-illuminated and clearly visible numerals.

• T. Recreational Facilities.

  1. Swimming Pools. Swimming pools in all Residential Districts shall not be located closer than five (5) feet to any rear lot line or side lot line. On the street side of any corner lot, no pool shall be located closer than fifteen (15) feet to such exterior side lot line. All measurements shall be from the water line of the pool tank perimeter. Coverage by a swimming pool shall not be considered in measuring maximum lot coverage.

[Ord. No. 1230-15 Exh. A.]

The regulations set out in this section shall apply to all R-3 Districts and shall be subject to the provisions of § 36-18 .

[Ord. No. 1230-15 Exh. A.]

To provide living areas where a compatible mixture of intensive residential uses may co-exist in a suitable environment for family living; to ensure adequate light, air, privacy, and open space for each dwelling; and to provide space for community facilities needed to complement urban residential areas and for institutions which require a residential environment.

[Ord. No. 1143, Exh. A.; Ord. No. 1230-2015 Exh. A; Ord. No. 1256-18.]

Buildings, structures, and land shall be used, and buildings and structures shall be erected, structurally altered, or enlarged in the R-3 Districts, only for the following uses, plus such other uses as the Planning Commission may deem to be similar and not detrimental to the public health, safety, and welfare. All uses shall be subject to the property development standards in § 36-9.6 .

• A. One (1) single-family dwelling of not less than 900 square feet.

• B. Mobile homes, certified under the National Construction and Safety Standards Act of 1974, placed on permanent foundation and subject to the provisions of § 36-18.24 .

• C. Two (2) single-family dwellings or a duplex on a single lot.

• D. Multiple-family dwelling units up to, but not exceeding § 36-9.6 I, Unit Density.

• E. Second residential unit built in conjunction with a single-family dwelling and subject to the provisions of § 36-18.22 , and Site Plan Review, § 36-19 .

• F. Zero lot line construction for residential construction: Dwellings are permitted subject to Site Plan Review in § 36-19 based on the following conditions:

  1. That the dwellings constructed on the zero-lot line shall be on adjacent lots and be of common wall type construction, or on a single lot provided that a maintenance easement has been secured from the property owner adjacent to the "zero lot line."

  2. The parcel size upon which the common wall and single dwellings are constructed shall each be at least 2,500 square feet in area.

  3. The dwelling unit(s) on each lot, including required covered parking, shall not exceed fifty (50%) percent at ground floor level of total area of each lot.

  4. One of the required parking spaces for each dwelling unit on each lot shall be covered.

  5. The minimum side yard requirements shall be a five (5) feet or twenty (20%) percent of the lot frontage, whichever is greater.

  6. Except as provided by this section, all other requirements of the Code of the City of Oakdale shall apply to zero lot line common wall construction, and single lot with a maintenance easement.

• G. Storm drainage basins serving residential areas.

• H. State licensed Small-Family Day-Care Homes, as defined by the California State Health and Safety Code , are allowed outright. State licensed Large-Family Day-Care Homes, as defined by the California State Health and Safety Code, are allowed subject to the provisions of § 36-9.5

• I. Parks owned and operated by a governmental agency.

• J. Signs subject to the provisions of § 36-26 .

• K. Home occupations as defined in § 36-2.2 (67) with one sign of not over 2 square feet, indicating the name of the occupant and the home occupation, and affixed flat on the front of the residence, and subject to the conditions in § 36-18.21 .

• L. (Reserved)

• M. Transitional and Supportive Housing as defined in § 36-2.2 (117(a) and 116.1, respectfully).

• N. Cultivation of cannabis for personal use as defined and regulated by Chapter 37 .

Only those accessory uses and accessory buildings customarily appurtenant to a principal use.

[Ord. No. 992, Exh. D, 1992; Ord. No. 1143, Exh. A.]

The following uses may be conditionally permitted in the R-3 District subject to the provisions of Sections 36-20.2 through 36-20.5 .

• A. Minor Use Permits.

  1. State licensed large-family day-care homes (as defined by the California State Health and Safety Code ).

  2. Temporary subdivision sales office.

  3. Guest house or servants quarters.

  4. Provision of lodging and/or boarding for more than three (3) persons by an owner who lives on the premises.

  5. Mobile home park not to exceed fourteen (14) units.

  6. Professional offices.

• B. Major Use Permits.

  1. Public buildings, except for storage or repair yards.

  2. Public utility substations.

  3. Schools, churches and religious institutions.

  4. State licensed foster homes, residential care homes, and day-care centers other than largefamily day-care homes, (as defined by the California State Health and Safety Code ).

  5. Social halls, lodges, and club houses.

  6. Mobile home park exceeding fourteen (14) units.

• C. Expansions and Permit Extensions. Except as stated in the individual Major and Minor Use Permit Approval Resolution, Expansion and Permit Extensions are permitted per § 36-20.5 .

(Ord. No. 911, §§ 3 (part), 5 (part), 1987; Ord. No. 954, § 4; Ord. No. 960, § 4; Ord. No. 976, § 3; Ord. No. 1035, § 2, 1996; Ord. No. 1066; Ord. No. 1143, Exh. B.)

The following property development standards shall apply to all land and buildings in the R-3 Districts:

• A. Lot Area. The minimum lot area for all permitted uses outside of the boundaries of the City of Oakdale as it existed in 1913, shall be:

  1. Interior Lots, the minimum lot area shall be six thousand (6,000) square feet.

  2. Corner Lots, the minimum lot area shall be six thousand five hundred (6,500) square feet for corner lots.

  3. Within the boundaries of the City of Oakdale as it existed in 1913, the minimum lot area for all permitted uses on both interior and corner lots shall be five thousand (5,000) square feet.

  4. The provisions of § 36-9.6 , with respect to the division of land into parcels as small as five thousand (5,000) square foot area shall only apply to the City blocks as per the 1913 boundary of the City as described in § 36-7.6 , A-4.

• B. In any district where a minimum lot area is established, a lot of record having less than the required area and/or width may be used subject to the provisions of the site plan review in § 3619 and subject to the following requirements:

  1. If a lot is narrower than the width specified for the district in which it is situated, no side yard may be less than five (5) ft. in width unless the lot is developed as zero lot line construction.

  2. For single family dwelling units, the depth of the rear yard of any lot shall be ten (10) ft. or fifteen (15%) percent of the depth of the lot, whichever is greater. For duplexes and multifamily units the depth of the rear yard of any lot shall be a minimum of five (5) feet.

• C. Lot Coverage. Sixty (60%) percent covered area defined as all roofed area including porches, garages, carports, and storage and accessory buildings.

• D. Lot Dimensions. For all new lots and proposed rezoning, the following provisions shall apply:

  1. Interior Lots, the minimum width at the building setback line shall be fifty-five (55) feet, and forty-five (45) feet at the front property line.

  2. Corner Lots, the minimum width at the building setback line shall be sixty-five (65) feet, and fifty (50) feet at the front property line.

  3. Within the boundaries of the City of Oakdale as it existed in 1913, the minimum lot width for both interior and corner lots shall be fifty (50) feet at the building setback line, and forty-five (45) feet at the front property line.

  4. The lot depth in all areas shall not be more than three times the width.

• E. Setback Requirements. The following setback/yard requirements shall apply to all uses in the R- 3 District:

  1. Front Yard: Twenty (20) feet.

  2. Side Yards:

     • a. Interior side: Five (5) feet.

• b. Exterior side of corner lot: Ten (10) feet, except that required parking spaces and/or required parking structures shall have a minimum setback of twenty (20) feet to the garage door whenever primary vehicular access is provided from a dedicated street.

  3. Rear yard: Ten (10) feet, except that a corner lot is allowed a rear yard of five (5) feet. However, any structure that provides covered or enclosed space for required off-street parking spaces, and is placed in the rear half of the lot, shall be situated to provide a minimum open driveway length of twenty (20) feet from any street or alley providing vehicle access to that structure unless an alternative arrangement is approved by the Site Plan Review Committee pursuant to § 36-19.7 .

• F. The following exceptions to Subsection E, Setback Requirements, shall be permitted in the R-3 District:

  1. Whenever an official plan line has been established for any street, required yards shall be measured from such line and in no case shall the provisions of this chapter be construed as permitting an encroachment upon any official plan line.

  2. Where four (4) or more lots in block have been improved with buildings at the time of the effective date hereof (not including accessory buildings and a minimum of a twenty (20) foot setback for required parking spaces and/or parking structures), the minimum required front setback shall be the average of the improved lots, if said setback is less than the stated requirements of the District.

• G. (Reserved)

• H. Building Height. No building erected shall have a height greater than fifty (50) feet, and twentyfive (25) feet for accessory buildings. Permitted projections above these heights include:

Ventilating fans or similar equipment required to operate and maintain the building, flag poles, chimneys, or similar structures approved under Site Plan Review, § 36-19 .

• I. Unit Density. For all residential uses, twenty-eight (28) dwelling units shall be the maximum allowed per net subdivision acre, unless a density bonus is allowed for low or moderate income housing, and/or senior citizen housing. In granting any density bonus, adequate assurance, including but not limited to deed restrictions and/or development agreements with yearly reporting requirements to the Community Development, must be provided that said housing units will remain available to low and moderate income housing, and/or senior citizens.

• J. Site Plan Review. With the exception of single family dwellings, prior to the issuance of any Building Permit for the erection of any structure on any lot, a Site Plan shall be submitted and considered pursuant to Site Plan Review requirements of § 36-19 .

• K. Landscaping and Open Space. For duplexes, multiple family dwellings and mobile home parks a minimum of twenty-five (25) percent of the lot area shall be landscaped or a bond posted to ensure satisfactory completion of said landscaping prior to issuance of an occupancy permit. Landscaping shall be installed as specified in § 36-24 .

• L. Fences, Hedges, Walls, and Screen Plantings. Fences, hedges, walls, and screen plantings shall be erected subject to the provisions of § 36-18.28 . In general, no fence, shrubbery, or architectural feature of the main or accessory building shall block the view of the driver of any vehicle in the driveway or any vehicle or pedestrian on the public street or sidewalk as outlined in 36-18.23 - Vision Obstructions.

• M. Off-Street Parking Requirements.

  1. Two (2) spaces per unit for the first three (3) units. For each unit above three (3), one and one-half (1.5) spaces are required. The number of covered spaces must equal the number of units, and all units must be paved. Seventy (70%) percent of all spaces must be full size, and thirty (30%) percent may be for compact cars.

  2. For existing substandard lots (legal nonconforming) of four thousand (4,000) square feet or less, off street parking requirements shall be two (2) paved spaces, one of which must be covered.

  3. For all other than residential Principal Uses, as specified in § 36-25 .

• N. Off-Street Loading. For all uses, as specified in § 36-25 .

• O. Vehicular Access. For all uses, there shall be primary vehicular access to the off-street parking and loading facilities from a dedicated public street. Secondary vehicular access from alleys is permitted, but primary vehicular access from alleys shall be permitted only when the following conditions exist:

  1. The alley has been determined to be the only feasible means of vehicular access to the lot.

  2. The alley has a minimum width of twenty (20) feet.

  3. The alley has been determined to be structurally sound in the opinion of the Director, or, if not structurally sound, will be improved by the Developer from the farthest property line to the nearest access point from a dedicated street.

• P. Signs. For all uses, as specified in § 36-26 .

• Q. Laundry, Clothes Drying Areas, and Facilities. For all uses, none allowed in front and exterior side yards.

• R. All refuse, garbage and trash bins one-half (1/2) yard or larger shall be screened from public view.

  1. A common trash enclosure will be required for five (5) or more dwelling units. Trash enclosures subject to public views will be constructed of split face masonry with solid metal doors, or enclosed with nonextruded six (6) inch high cement curbing, and a six (6) foot high solid fence utilizing metal posts, and an exterior treatment that is durable and visually consistent with project architecture.

  2. A minimum two (2) foot irrigated and landscaped perimeter shall be provided around the enclosure (excepting door entries).

• S. Street Address. The numerals used for the street address shall be self-illuminated and clearly visible from the street. In multiple family developments and mobile home parks containing four (4) or more units, there shall be an internally lit sign at each entrance not to exceed fifteen (15) square feet in area containing a map showing the location of individual sites or units. In addition, each site or unit shall be identified with self-illuminated and clearly visible numerals.

and clearly visible from the street. In multiple family developments and mobile home parks containing four (4) or more units, there shall be an internally lit sign at each entrance not to exceed fifteen (15) square feet in area containing a map showing the location of individual sites or units. In addition, each site or unit shall be identified with self-illuminated and clearly visible numerals.

• T. Recreational Facilities.

  1. Swimming Pools. Swimming pools in all Residential Districts shall not be located closer than five (5) feet to any rear lot line or side lot line. On the street side of any corner lot, no pool shall be located closer than fifteen (15) feet to such exterior side lot line. All measurements shall be from the water line of the pool tank perimeter. Coverage by a swimming pool shall not be considered in measuring maximum lot coverage.

• U. On-Site Storage Facilities.

  1. For all multiple family dwelling units, there shall be not less than two hundred (200) cubic feet of designated storage area per dwelling unit subject to the following:

     • a. The storage areas shall be in a permanent enclosed structure dedicated for use only by the dwelling units within the complex.

     • b. A separate exterior access shall be provided for each storage area per dwelling unit.

     • c. There shall not be an interior access from any living area to a designated storage area.

  2. For all uses requiring a Use Permit, as specified by the Planning Commission.

[Ord. No. 1230-15 Exh. A.]

The regulations set out in this section shall apply in all C-1 Districts and shall be subject to the provisions of § 36-18 .

[Ord. No. 1230-15 Exh. A.]

To provide retail commercial areas for the sale of goods and services which meet the daily needs of a trade area of one or more adjacent residential areas and to regulate these areas to protect adjacent residential areas from unreasonable obstruction of light and air, excessive noise, and visually incompatible structures and uses.

[Ord. No. 1230-15 Exh. A; Ord. No. 1256-18.]

Buildings, structures, and land shall be used, and buildings and structures shall be erected, structurally altered, or enlarged in the C-1 Districts only for the following uses. All uses shall be subject to the property development standards in § 36-10.6 .

• A. Any locally oriented business or service establishment, such as but not limited to a grocery store, fruit or vegetable stores, bake shop, drug store, financial institutions, barber and beauty shop, cleaners, laundry pickup stations, laundromats, business or professional offices and the like supplying commodities or performing services for residents of the neighborhood.

• B. Restaurant, cafe, and soda fountain, not including entertainment or dancing, or sale of liquor, beer and other alcoholic beverages by the glass, or for consumption on the premises.

• C. Commercial parking lots for passenger vehicles.

• D. Any other retail business or service establishment which is determined by Planning Commission Resolution to be of the same general character as the above permitted retail business or service uses.

• E. Parks owned and operated by a governmental agency.

• F. Emergency Shelters as defined in § 36-2.2 (50(a)).

• G. Cultivation of cannabis for personal use as defined and regulated by Chapter 37 .

Only those accessory uses and accessory buildings customarily appurtenant to a principal use, such as incidental storage facility, garage, or off-street parking area.

[Ord. No. 943, § 1; Ord. No. 992, Exh. E, 1992; amended 8-2-2021 by Ord. No. 1276.]

The following uses may be conditionally permitted in the C-1 District subject to the provisions of §§ 36-20.2 through 36-20.5 .

• A. Minor Use Permits.

  1. Multi-family dwelling not to exceed five (5) units.

  2. Single-family dwelling units not to exceed five (5) units or duplex dwelling units not to exceed two (2) structures.

  3. State licensed day care centers (seven (7) or more children, as defined by the California State Health and Safety Code ).

  4. Service station with minor automobile repair.

  5. Restaurant, delicatessen, or cafe, which includes the sale of beer or wine beverages by the glass if less than two thousand (2,000) square feet.

  6. Nurseries and greenhouses.

  7. Mobile Food Vendor located on private property. as specified in § 36-29 . [Added 8-2-2021 by Ord. No. 1276]

• B. Major Use Permits.

  1. Public and quasi-public uses appropriate to the C-1 District.

  2. Social hall, lodge, fraternal organizations and clubs.

  3. R-1, R-2, and R-3 District residential uses, subject to all restrictions and requirements of the residential zoning district, except as provided for in Subsection A1 and A2

  4. Restaurant or cafe, which includes the sale of liquor, beer, or other alcoholic beverages by the glass, or for consumption off of the premises.

  5. Drive-in restaurant, theater, convenience market with gasoline sales, fast-food restaurants, delicatessens and supermarkets.

  6. Churches and religious institutions.

  7. Public and private schools, technical, trade, and craft schools and studios.

  8. Recreational facilities and services including health clubs, pool halls, swimming clubs, and tennis, racquetball, and handball clubs.

  9. Amusement arcade pursuant to § 36-18.29 .

  10. Neighborhood shopping centers.

  11. Mobile Food Vendor located in the public right-of-way, as specified in § 36-29 . [Added 8-2-2021 by Ord. No. 1276]

  12. Any other retail business or service establishment which is determined by Planning Commission Resolution to be consistent with the purpose of this section and which will not impair the present or potential use of adjacent property.

• C. Expansions and Permit Extensions. Except as stated in the individual Major and Minor Use Permit Approval Resolution, Expansion and Permit Extensions are permitted per § 36-20.5 .

[Ord. No. 1066.]

The following property development standards shall apply to all land and buildings in the C-1 Districts.

• A. Lot Area.

  1. The minimum lot area shall be the same as the R-3 Zoning District for all dwelling uses.

  2. For all uses other than dwellings, the lot shall be sufficient to provide the minimum yard, parking requirements as specified in § 36-25 , and landscaping requirements as specified in § 36-24 .

• B. Setback/Yard Requirements. The following setback/yard requirements shall apply to all uses in the C-1 District:

  1. There shall be no minimum front, side or rear yard requirement except that no building shall be erected closer to any R District boundary than ten (10) feet, nor closer than ten (10) feet to any street less than sixty-eight (68) feet in width, and except as provided for in § 36-18.9 Special Building Lines.

• C. Distance Between Buildings: Minimum requirements of the Uniform Building Code.

• D. Building Height. No building erected shall have a height greater than thirty-five (35) feet. Permitted projections above these heights include: ventilating fans or similar equipment required to operate and maintain the building, flag poles, chimneys, or similar structures approved under Site Plan Review, § 36-19 .

• E. All uses shall be conducted wholly within a completely enclosed building or a solid screen enclosure a minimum of six (6) feet in height, except for service stations, public utility substations and off-street parking and loading facilities. In addition, the Planning Commission may permit the outdoor operation of any permitted use by approving a conditional use permit therefor.

• F. Site Plan Review. Prior to the issuance of any Building Permit for the erection of any structure on any lot, a Site Plan shall be submitted and considered pursuant to the Site Plan Review requirements of § 36-19 .

• G. Landscaping and Open Space, as specified in § 36-24 .

• H. Fences, Hedges, Walls and Screen Plantings. Fences, hedges, walls, and screen plantings shall be erected subject to the provisions of § 36-18.28 , and the prohibitions against Vision Obstructions in § 36-18.23 . Whenever a C-1 Use is proposed to be located adjacent to an R District, an eight (8) foot masonry wall shall be constructed along the property line pursuant to § 36-24 .

• I. Off-Street Parking Requirements, as specified in § 36-25 .

  1. Required parking may be provided up to four hundred (400) feet from the use upon the demonstration of an irrevocable legal instrument guaranteeing the provision of the required parking.

  2. None of the requirements of this chapter for off-street parking shall apply to any real property within the "parking and business improvement area" of the City, as defined in Ordinance No. 506; provided, that the parking and business improvement license tax assessed on any business conducted on any of the real property for which a building permit is requested shall be paid in full, with all arrearage, if any, paid before such building permit shall be issued.

shall apply to any real property within the "parking and business improvement area" of the City, as defined in Ordinance No. 506; provided, that the parking and business improvement license tax assessed on any business conducted on any of the real property for which a building permit is requested shall be paid in full, with all arrearage, if any, paid before such building permit shall be issued.

• J. Off-Street Loading Requirements, as specified in § 36-25 .

• K. Vehicular Access. For all uses, there shall be vehicular access to the off-street parking and loading facilities from a dedicated street.

• L. Signs. For all uses, as specified in § 36-26 .

• M. All refuse, garbage, and trash bins one-half (1/2) yard or larger shall be behind the building setback line and screened from public view.

  1. Outdoor trash enclosures are required in the C-1 District on lots five thousand (5,000) square feet or larger in area. Trash enclosures subject to public views shall be constructed of split face masonry and solid metal doors, a minimum of six (6) feet in height, with a minimum two (2) foot irrigated and landscaped perimeter around the enclosure (excepting door entries).

  2. Trash enclosures not subject to public views shall be enclosed by a nonextruded six (6) inch cement curb, and a six (6) foot high slatted chain link fence and gated doors.

The regulations set out in this section shall apply in all C-C Districts and shall be subject to the provisions of § 36-18 .

[Ord. No. 953, § 1.]

To create a special shopping and historic district that caters to tourists and visitors to Oakdale and also provides new and unique shopping opportunities for the community.

[Ord. No. 953, § 2; Ord. No. 1207; Ord. No. 1208; Ord. No. 1256-18.]

Buildings, structures, and land shall be used, and buildings and structures shall be erected, structurally altered, or enlarged in the C-C District only for the following uses subject to the property development standards in § 36-11.6 .

• A. Hotels and motels, grocery stores and farmer's markets, drug stores, department stores, sporting goods stores, retail shops, specialty shops such as antiques and specialty clothing, restaurants and sidewalk cafes, theatres, and art galleries.

• B. Public buildings such as museums and historical centers, schools and educational facilities.

• C. Professional offices, information centers and organization offices, transit stops and stations, medical offices and first aid stations, banks, merchants deposit facilities, and automated teller.

• D. Any other uses determined by the Planning Commission to fit the theme, approach, and objectives of the Downtown Oakdale Commercial Center Design Guidelines and which will not impair the present or potential use of adjacent properties.

• E. Park zoned and operated by governmental agency.

• F. Cultivation of cannabis for personal use as defined and regulated by Chapter 37 .

[Ord. No. 1207; Ord. No. 1208; amended 8-2-2021 by Ord. No. 1276.]

• A. Automotive service facilities subject to the following performance standards:

  1. Hours of operation limited to 8:00 a.m. to 9:00 p.m.

  2. All work shall be conducted indoors.

  3. No use shall utilize equipment or material which produces unreasonable vibration, noise, dust, smoke, odor, electrical interference to the detriment of adjoining property.

  4. No outdoor storage.

  5. Lighting must be of direct, cutoff design, shielded, or placed to avoid glare or nuisance to nearby residential property.

• B. Churches and religious institutions.

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

[Ord. No. 953, § 3; Ord. No. 1207; Ord. No. 1208.]

The following uses are expressly prohibited within the C-C District:

• A. All heavy commercial uses, gas stations, auto repair shops, fast food outlets with drive-up windows, any heavy manufacturing activity, mini storage outlets, warehouses, auto dealerships, lumberyards and home improvement centers, hardware stores exceeding ten thousand (10,000) square feet in floor area, amusement arcades, drinking establishments unless in conjunction with food or restaurant service, health clubs and spas over five thousand (5,000) square feet, night clubs over five thousand (5,000) square feet in size, bowling alleys, auction houses, mortuaries, animal hospitals, vehicle storage yards, mobile home parks, pool halls, adult bookstores or adult theatres.

• B. Despite the provisions of § 36-18.19 , existing nonconforming uses shall not be permitted to expand beyond their existing floor areas.

[Ord. No. 953, § 4.]

• A. Residential and multi-family housing shall only be permitted as a second story use and only when off-street parking can be provided by the applicant.

• B. To the extent advisable, office uses should be located in second story space in order to provide maximum development of specialty retail uses.

[Ord. No. 953, § 5; Ord. No. 996, § 3; Ord. No. 1126, § 2.]

The following property development standards shall apply to all land and buildings in the C-C Districts.

• A. Lot Area.

  1. There shall be no minimum lot area size.

• B. Setback/Yard Requirements. The following setback/yard requirements shall apply to all uses in the C-C District:

  1. No minimum setbacks are required. Buildings may be built up to the public right-of-way. Awnings and signs may project into the sidewalk area subject to the provisions of the sign restrictions of § 36-26 .

• C. Distance Between Buildings: Minimum requirements of the Uniform Building Code.

• D. Building Height. No building shall be erected to a height exceeding two (2) stories or thirty-five (35) feet. Permitted projections beyond this restriction shall include ventilating fans or equipment, flag poles, chimneys, approved signs, approved parapet walls, facades, and architectural elements such as clockworks. To the extent feasible, new buildings should be constructed to a height within ten (10%) percent of the average height of existing adjacent buildings.

• E. All uses shall be conducted wholly within a completely enclosed building or a solid screen enclosure a minimum six (6) feet in height, except for sidewalk cafes, and off-street parking and loading facilities.

• F. Design Review Committee Formation. A Design Review Committee, consisting of five (5) persons, shall be established by the City Council. The Committee shall consist of five (5) persons, including one (1) member representing each of the following: Redevelopment Agency Project Area Committee; Historical

Society; Planning Commission; Downtown Commercial Area; and a public member. The Director shall serve as Secretary to the Committee. The Downtown Oakdale Commercial Center Design Guidelines and Landscape Design Plan shall be prepared and adopted by resolution of the Redevelopment Agency of the City of Oakdale.

• G. Design Review Committee Authority. The Design Review Committee shall have the authority to approve, approve with conditions or disapprove all exterior construction and alterations including but not limited to signs and painting, and interior authority limited to major structural alterations involving changes in the major walls and floors.

• H. Design Review/Site Plan Review. Prior to the issuance of any Building Permit for the alteration or erection of any structure on any lot in the C-C District, a Site Plan shall be submitted and considered pursuant to Site Plan Review requirements of § 36-19 , but also including elevations and exterior materials and colors for all buildings and structures. The Site Plan Review Committee shall prepare a report to the Design Review Committee on the conformance of the application to the development standards of this ordinance and the Design Guidelines to be adopted by City Council Resolution. After reviewing the application and the report from the Site Plan Review Committee, the Design Review Committee shall approve, approve with conditions or disapprove the application based upon the provisions of the zoning district and the Design Guidelines. Any action taken by the Design Review Committee in considering a Site Plan application may be appealed pursuant to the provisions of § 36-22 .

• I. Landscaping and Open Space. All developments shall be required to install and maintain landscaping on the street frontage in accordance with the Downtown Oakdale Commercial Center Landscape Design Plan. If a landscape maintenance district is formed, the landscaping may be installed by the City, and individual property owners shall, on a yearly basis, contribute to a landscape maintenance fee, to be established by City Council ordinance, for all public open space, park and streetscaping areas throughout the C-C District.

• J. Fences, Hedges, Walls and Screen Plantings. Fences, hedges, walls and screen plantings shall be erected subject to the provisions of the Downtown Oakdale Commercial Center Development Design Guidelines and Landscape Design Plan, and reviewed by the Site Plan Review Committee and the Design Review Committee.

• K. All new construction, changes of use to a more intensive use, or enlargements of existing uses or buildings (other than residential) shall provide off-street parking in proportion to the need created by the land use as specified in § 36-25 or at the discretion of the Site Plan Review Committee which may take into consideration public parking available within said District.

• L. Off-Street Loading Requirements, as specified in § 36-25 .

• M. Signs. For all uses, as specified in § 36-26 .

• N. All refuse, garbage, and trash bins one-half yard or larger shall be located behind the building setback line and screened from public view.

The regulations set out in this section shall apply in all C-2 Districts and shall be subject to the provisions of § 36-18 .

C-2 district is intended to provide transient residential uses, which are appropriate and dependent on thoroughfare travel, and heavy commercial uses and service necessary within the City but not suited to other commercial districts.

[Ord. No. 1031, § 1, 1995; Ord. No. 1125, § 2; Ord. No. 1229-15 Exh. A; Ord. No. 1256-18.]

Buildings, structures, and land shall be used, and buildings and structures shall be erected, structurally altered, or enlarged in the C-2 Districts only for the following uses subject to the property development standards in § 36-12.6 .

• A. Any use permitted as a principal use in a C-1 and C-C District.

• B. New and used automobile lots, boat and trailer sales and rental establishments, automobile service stations.

• C. Restaurants and drive-in restaurants.

• D. Public or commercial recreation facilities, and amusement/ entertainment centers, such as swimming pools, bowling alleys, etc.

• E. Any other retail business or service establishment determined by Planning Commission Resolution to be consistent with the purpose of this section and which will not impair the present or potential use of adjacent properties.

• F. Major Retail Development, as defined in § 36-2.2.87(a) , may be permitted after first obtaining a planned development permit pursuant to § 36-23.30 , and subject to the Major Retail Development Standards in § 36-23.35 P. and Q.

• G. Major Retail Development located in a zoning district which has been adopted through the Specific Plan Process may be permitted with a Major Use Permit and is subject to the Major Retail Development Standards in § 36-23.35 P, and Q.

• H. Cultivation of cannabis for personal use as defined and regulated by Chapter 37 .

Only those accessory uses and accessory buildings customarily appurtenant to a principal use, such as incidental storage facility, garage, or off-street parking area.

[Ord. No. 992, Exh. F, 1992; amended 8-2-2021 by Ord. No. 1276.]

The following uses may be conditionally permitted in the C-2 District subject to the provisions of Sections 36-20.2 through 36-20.5 .

• A. Minor Use Permits.

  1. Multi-family dwellings and mobile home parks not to exceed five (5) units.

  2. Caretakers residence, one (1) unit not to exceed twelve hundred (1,200) square feet per commercial establishment of one (1) acre minimum lot area.

  3. State licensed day care centers (seven (7) or more children, as defined by the California State Health and Safety Code ).

  4. Mini-warehouse facilities not to exceed twenty (20) units.

  5. Printing shop, heating and air-conditioning sales and services, furniture upholstery shop, et cetera.

  6. Carpenter, electrical, plumbing, or machine shop, publishing, green houses or horticultural, etc.

  7. Animal hospitals, veterinary clinics and kennels, provided there are no outdoor kennels. Outdoor kennels require Major Use Permit review.

  8. Mobile home display.

  9. Mobile Food Vendor located on private property. as specified in § 36-29 . [Added 8-2-2021 by Ord. No. 1276]

• B. Major Use Permits.

  1. Public and quasi-public uses appropriate to the C-2 District.

  2. Auction houses.

  3. Funeral parlors or mortuaries.

  4. Lumberyards.

  5. Wholesale business, storage, or warehousing, including mini-warehouses exceeding twenty (20) or more units, subject to the provisions of 36-12.6 B, 1.

  6. Multiple dwellings of six (6) or more units, provided that said use shall be developed in accordance with the property development standards of the R-3 District and subject to the provisions of 36-12.6.

  7. Municipal corporation yards.

  8. Travel trailer parks, providing for the rent or lease of lots or spaces to owners or users of recreational vehicles for travel, recreational or storage purposes.

  9. Mobile home parks with six (6) or more units subject to § 36-18.25 .

  10. Truck service stations.

  11. Welding shops.

  12. Night club, bowling alley, dance hall, roller skating rink, taverns, cocktail lounges, billiard parlors, and pool halls.

  13. Hotels and motels.

  14. Vehicle repair garage.

  15. Amusement arcade pursuant to § 36-20 .

  16. Adult bookstores and theaters provided said use(s) is not located within one thousand (1,000) feet of a similar use, and not located within one thousand (1,000) feet of any public school or church.

  17. Mobile Food Vendor located within the public right-of-way, as specified in § 36-29 . [Added 8-2-2021 by Ord. No. 1276]

  18. Any other retail business or service establishment which is determined by Planning Commission Resolution to be consistent with the purpose of this section and which will not impair the present or potential use of adjacent property.

• C. Expansions and Permit Extensions. Except as stated in the individual Major or Minor Use Permit Approval Resolution, Expansion and Permit Extensions are permitted per § 36-20.5 .

[Ord. No. 1066.]

The following property development standards shall apply to all land and buildings in the C-2 Districts.

• A. Lot Area.

  1. The minimum lot area shall be the same as the R-3 Zoning District for all dwelling uses.

  2. For all uses other than dwellings, the lot shall be sufficient to provide the minimum yard, parking requirements as specified in § 36-25 , and landscaping requirements as specified in § 36-24 .

• B. Setback/Yard Requirements. The following setback/yard requirements shall apply to all uses in the C-2 District:

  1. There shall be no minimum front, side or rear yard requirement except that:

     • a. No building shall be erected closer to any R District boundary than ten (10) feet.

     • b. No building shall be erected closer than ten (10) feet to any street less than sixty-eight (68) feet in width, and also as provided for in § 36-18.9 Special Building Lines.

     • c. No wholesale, warehousing or storage and no residential use, including mobile home parks, shall be located closer than one hundred (100) feet from the property line fronting on Yosemite Avenue and on "F" Street.

• C. Distance Between Buildings: Minimum requirements of the Uniform Building Code.

• D. Building Height. No building erected shall have a height greater than thirty-five (35) feet. Permitted projections above these heights include: ventilating fans or similar equipment required to operate and maintain the building, flag poles, chimneys, or similar structures approved under Site Plan Review, § 36-19 .

• E. All uses shall be conducted wholly within a completely enclosed building or a solid screen enclosure a minimum six (6) feet in height, except for service stations, public utility substations and off-street parking and loading facilities. In addition, the Planning Commission may permit the outdoor operation of any permitted use by approving a conditional use permit therefor.

• F. Site Plan Review. Prior to the issuance of any Building Permit for the erection of any structure on any lot, a Site Plan shall be submitted and considered pursuant to Site Plan Review requirements of § 36-19 .

• G. Landscaping and Open Space, as specified in § 36-24 .

• H. Fences, Hedges, Walls and Screen Plantings. Fences, hedges, walls, and screen plantings shall be erected subject to the provisions of § 36-18.28 , and the prohibitions against Vision Obstructions in § 36-18.23 . Whenever a C-2 Use is proposed to be located adjacent to an R District, an eight (8) foot masonry wall shall be constructed along the property line pursuant to § 36-24 .

• I. Off-Street Parking Requirements, as specified in § 36-25 .

  1. Required parking may be provided up to four hundred (400) feet from the use upon the demonstration of an irrevocable legal instrument guaranteeing the provision of the required parking.

2. None of the requirements of this chapter for off-street parking shall apply to any real property within the "parking and business improvement area" of the City, as defined in Ordinance No. 506; provided, that the parking and business improvement license tax assessed on any business conducted on any of the real property for which a building permit is requested shall be paid in full, with all arrearage, if any, paid before such building permit shall be issued.

• J. Off-Street Loading Requirements, as specified in § 36-25 .

• K. Vehicular Access. For all uses, there shall be vehicular access to the off-street parking and loading facilities from a dedicated street.

• L. Signs. For all uses, as specified in § 36-26 .

• M. All refuse, garbage, and trash bins one-half (1/2) yard or larger shall be behind the building setback line and screened from public view.

  1. Outdoor trash enclosures are required in the C-1 District on lots five thousand (5,000) square feet or larger in area. Trash enclosures subject to public views shall be constructed of split face masonry and solid metal doors, a minimum of six (6) feet in height, with a minimum two (2) foot irrigated and landscaped perimeter around the enclosure (excepting door entries).

  2. Trash enclosures not subject to public views shall be enclosed by a nonextruded six (6) inch cement curb, and a six (6) foot high slatted chain link fence and gated doors.

[Ord. No. 1230-15 Exh. A.]

The regulations set out in this section shall apply in all L-M Districts and shall be subject to the provisions of § 36-18 .

[Ord. No. 1230-15 Exh. A.]

This district is intended to provide space for the limited types of manufacturing, wholesale, and storage activities that will not be detrimental to activities in adjacent commercial or residential

neighborhoods by reason of, but not limited to excessive noise, smoke, odor, dust, vibrations, fumes, glare, or gas.

[Ord. No. 1230-15 Exh. A.]

Buildings, structures, and land shall be used, and buildings and structures shall be erected, structurally altered, or enlarged in the L-M Districts, only for the following uses subject to the property development standards in § 36-13.6 .

• A. Crop farming and pasturing of horses, cattle, sheep or goats, and the dwellings and outbuildings appurtenant to crop farming and pasturing; but excluding livestock feed lots, corrals, hog and poultry farming.

• B. Assembling of typewriters, business machines and similar mechanical equipment.

• C. Bottling plants.

• D. Compounding and packaging of cosmetics, pharmaceuticals and toiletries, but excluding soap manufacture.

• E.

  1. Food processing, packaging and storage, including milk products, fruits, nuts, vegetables, blended foods, candies, nonalcoholic beverages, preserves, bakery goods and frozen foods, and further meat processing (not including slaughtering).

  2. Excluding dehydrating of aromatic vegetables and spice, olive, processing, vinegar manufacturing by fermentation, pickle manufacturing, sauerkraut manufacturing, live stock feed manufacturing and processing, fertilizer manufacturing, slaughtering, eviscerating and fat rendering.

• F. Manufacturing and assembling of jewelry, watches, clocks, precision instruments, appliances, musical instruments, bottles and other glass products which are made from previously prepared materials; electric or electronic instruments, components of such electric or electronic instruments and equipment, electric motors, toys, television and radio equipment.

• G. Manufacturing of leather goods, paper products, pens, pencils and artist supplies when such goods, products and supplies are made from previously prepared materials.

• H. Manufacturing and assembling of professional and scientific instruments, photographic and optical equipment.

• I. Manufacturing of containers from previously prepared materials when such process does not include enameling, lacquering, rubber coating or electric plating.

• J. Printing, publishing, bookbinding and paper sales.

• K. Public utilities, including electrical receiving and transforming stations, radio television and communications facilities, research institutions and administrative institutions.

• L. Wholesale stores and storage warehouses, including mini-warehouses.

• M. Emergency Shelters as defined in § 36-2.2 (50(a)).

• N. Any other limited industrial establishment determined by Planning Commission Resolution to be consistent with the purpose of this section and which will not impair the present or potential use of adjacent properties.

Only those accessory uses and accessory buildings customarily appurtenant to a permitted use, including storage of fresh fruit or vegetable containers which are uniformly stacked and maintained at least one hundred (100) feet from the nearest property line.

[Ord. No. 929, § 1, 1988; Ord. No. 1256-18; amended 8-2-2021 by Ord. No. 1276.]

The following uses may be permitted in the L-M Districts subject to a Use Permit provided for in § 36-20 .

• A. Public and quasi-public uses appropriate to serve the L-M District.

• B. Retail commercial uses, such as restaurants and service stations, appropriate in and necessary to serve the L-M District.

• C. Caretakers residence, one unit not to exceed twelve hundred (1,200) square feet for industrial uses of one-acre minimum lot area.

• D. Airports.

• E. Industrial operations which include enameling, lacquering, rubber coating, electric or hotdip plating, which will not become offensive because of the creation of vapors, dust, odors or noise inherent to the business, which in the opinion of the Planning Commission is excessive.

• F. Dray, freight or truck yards and railroad terminals.

• G. Chemical plants.

• H. Any other light industrial establishment determined by the Planning Commission by resolution to be consistent with the purpose of this section and which will not impair the present or potential use of adjacent properties.

• I. Manufacturing biodegradable soap detergents.

• J. Cannabis cultivation business, cannabis manufacturing business, cannabis distribution business, cannabis testing laboratory, and dispensary, as defined in § 37-2 .

Permits to establish a cannabis cultivation business, cannabis manufacturing business, cannabis distribution business, cannabis testing laboratory, or dispensary shall be located in the area highlighted on the attached maps.

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

[Ord. No. 1066.]

The following property development standards shall apply to all land and buildings in the L-M Districts.

• A. Lot Area. The lot shall be sufficient to provide the minimum yard, parking requirements as specified in § 36-25 , and landscaping requirements as specified in § 36-24 .

• B. Setback/Yard Requirements. The following setback/yard requirements shall apply to all uses in the L-M District:

  1. A minimum of sixty-five (65) feet from the center line of any major thoroughfare, or fifty (50) feet from the center line of any other street, except as provided for in § 36-18.9 Special Building Lines; and that a minimum setback of sixty (60) feet is required for any industrial use constructed adjacent to any R District.

• C. Distance Between Buildings: Minimum requirements of the Uniform Building Code.

• D. Building Height. No building erected shall have a height greater than seventy (70) feet. Permitted projections above these heights include: ventilating fans or similar equipment required to operate and maintain the building, flag poles, chimneys, or similar structures approved under Site Plan Review, § 36-19 .

• E. Hours of Operation. Business may be conducted on a twenty-four (24) hour a day basis except that fewer hours may be determined by the Planning Commission for those uses provided for in Sections 36-13.3 and 36-13.5 which are subject to a Use Permit provided for in § 36-20 .

• F. Site Plan Review. Prior to the issuance of any Building Permit for the erection of any structure on any lot, a Site Plan shall be submitted and considered pursuant to Site Plan Review requirements of § 36-19 .

• G. Landscaping and Open Space. All uses, as specified in § 36-24 .

• H. (Reserved)

• I. (Reserved)

• J. Fences, Hedges, Walls, and Screen Plantings. Fences, hedges, walls, and screen plantings shall be erected subject to the provisions of § 36-18 . The outside storage of materials, merchandise, supplies, equipment, wastes, incinerations, and sewage disposal shall be enclosed within a chain link with slats, solid wooden or masonry fence not less than six (6) feet in height. Whenever an L-M Use is proposed to be located adjacent to an R-1, R-2, or R-3 District, an eight (8) foot masonry wall shall be constructed along the property line pursuant to § 36-24 .

• K. Off-Street Parking Requirements. All uses, as specified in § 36-25 .

• L. Off-Street Loading Requirements. All uses, as specified in § 36-25 .

• M. Vehicular Access. For all uses, there shall be vehicular access to the off-street parking and loading facilities from a dedicated street.

• N. Signs. For all uses, as specified in § 36-26 .

• O. All refuse, garbage and trash bins one-half (1/2) yard or larger shall be behind the building setback line and screened from public view.

1. Outdoor trash enclosures are required in the L-M District on lots ten thousand (10,000) square feet or larger in area. Trash enclosures subject to public views shall be constructed of split face masonry and solid metal doors, a minimum of six (6) feet in height, with a minimum two (2) foot irrigated and landscaped perimeter around the enclosure (excepting door entries).

   2. Trash enclosures not subject to public views shall be enclosed by a nonextruded six (6) inch cement curb, and a six (6) foot high slatted chain link fence and gated doors.

§ 36-14. "M-1" Light Industrial.

The regulations set out in this section shall apply in all M-1 Districts and shall be subject to the provisions of § 36-18 .

This district is intended to provide space for the types of manufacturing, wholesale, and storage activities that will not be detrimental to activities in adjacent commercial or residential neighborhoods by reason of, but not limited to excessive noise, smoke, odor, dust, vibrations, fumes, glare, or gas.

Buildings, structures, and land shall be used, and buildings and structures shall be erected, structurally altered, or enlarged in the M-1 Districts, only for the following uses subject to the property development standards in § 36-14.6 .

• A. Professional offices, communications equipment buildings, community center, social hall, clubhouse, and service establishments.

• B. School, church, hospital, and dwellings; provided, that they are accessory to and incidental to and located upon the same property as a commercial or industrial use permitted in this district.

• C. Armature winding, battery rebuilding, bottling plant, brewery, distributing plant, draying, freighting, trucking, neon sign manufacturing, flour mill, canning and storage (except lard, pickles, sauerkraut, sausage and vinegar), clothing manufacture, ice plant, lumber and building materials, (excluding concrete mixing), prefabricated buildings, planning mill (excluding burning), paint mixing, pumping plant, plastic processing, stone monument sales and cutting, utility service yard and substations, poultry and rabbit processing, rubber processing, shoe manufacture, small tile manufacture (wall and floor), transfer truck and car repair, bakery, manufacture of candy, drugs, perfumes, pharmaceuticals, toilet soap and toiletries, manufacture or assembly of previously prepared materials of bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, fur glass, hair, horn, rubber, leather, paper, plastics, precious or semiprecious metals or stone, contractors' material yards, shell straw, textiles, tobacco, wood, wool, yarn and paint, manufacture of neon signs, billboards, advertising structures, sheet metal products, venetian blinds, window shades and awnings, manufacture of musical instruments, toys, novelties, rubber and metal stamps, cameras and photographic equipment, business machines and household equipment, printing establishments.

• D. Any other light industrial establishment determined by Planning Commission resolution to be consistent with the purpose of this section and which will not impair the present or potential use of adjacent properties.

Only those accessory uses and accessory buildings customarily appurtenant to a permitted use.

[Ord. No. 1256-18; amended 8-2-2021 by Ord. No. 1276]

The following uses may be permitted in the M-1 Districts subject to a Use Permit provided for in § 36-20 .

• A. Public and quasi-public uses appropriate to serve the M-1 District.

• B. Retail commercial uses, such as restaurants and service stations, appropriate in and necessary to serve the M-1 District.

• C. Caretakers residence, one unit not to exceed twelve hundred (1,200) square feet for industrial uses of one-acre minimum lot area.

• D. Airports.

• E. Any other light industrial establishment determined by the Planning Commission by resolution to be consistent with the purpose of this section and which will not impair the present or potential use of adjacent properties.

• F. Cannabis cultivation business, cannabis manufacturing business, cannabis distribution business, cannabis testing laboratory, and dispensary, as defined in § 37-2 .

Permits to establish a cannabis cultivation business, cannabis manufacturing business, cannabis distribution business, cannabis testing laboratory, or dispensary shall be located in the area highlighted on the attached maps.

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

[Ord. No. 1066.]

The following property development standards shall apply to all land and buildings in the M-1 Districts.

• A. Lot Area. The lot shall be sufficient to provide the minimum yard, parking requirements as specified in § 36-25 , and landscaping requirements as specified in § 36-24 .

• B. Setback/Yard Requirements. The following setback/yard requirements shall apply to all uses in the M-1 District:

  1. A minimum of ten (10) feet from the right-of-way line of any street less than sixty-eight (68) feet in width, except as provided for in § 36-18.9 Special Building Lines.

• C. Distance Between Buildings: Minimum requirements of the Uniform Building Code.

• D. Building Height. No building erected shall have a height greater than seventy (70) feet. Permitted projections above these heights include: ventilating fans or similar equipment required to operate and maintain the building, flag poles, chimneys, or similar structures approved under Site Plan Review, § 36-19 .

• E. Hours of Operation. Business may be conducted on a twenty-four (24) hour a day basis except that fewer hours may be determined by the Planning Commission for those uses provided for in Sections 36-14.3 and 36-14.5 which are subject to a Use Permit provided for in § 36-20 .

• F. Site Plan Review. Prior to the issuance of any Building Permit for the erection of any structure on any lot, a Site Plan shall be submitted and considered pursuant to Site Plan Review requirements of § 36-19 .

• G. Landscaping and Open Space. All uses, as specified in § 36-24 .

• H. Fences, Hedges, Walls, and Screen Plantings. Fences, hedges, walls, and screen plantings shall be erected subject to the provisions of § 36-18 . The outside storage of materials, merchandise, supplies, equipment, wastes, incinerations, and sewage disposal shall be enclosed within a chain link with slats, solid wooden or masonry fence not less than six (6) feet in height. Whenever an M-1 Use is proposed to be located adjacent to an R-1, R-2, or R-3 District an eight (8) foot masonry wall shall be constructed along the property line pursuant to § 36-24 .

• I. Off-Street Parking Requirements. All uses, as specified in § 36-25 .

• J. Off-Street Loading Requirements. All uses, as specified in § 36-25 .

• K. Vehicular Access. For all uses, there shall be vehicular access to the off-street parking and loading facilities from a dedicated street.

• L. Signs. For all uses, as specified in § 36-26 .

• M. All refuse, garbage and trash bins one-half (1/2) yard or larger shall be behind the building setback line and screened from public view.

  1. Outdoor trash enclosures are required in the L-M District on lots ten thousand (10,000) square feet or larger in area. Trash enclosures subject to public views shall be constructed of split face masonry and solid metal doors, a minimum of six (6) feet in height, with a minimum two (2) foot irrigated and landscaped perimeter around the enclosure (excepting door entries).

2. Trash enclosures not subject to public views shall be enclosed by a nonextruded six (6) inch cement curb, and a six (6) foot high slatted chain link fence and gated doors.

The regulations set out in this section shall apply in all M-2 Districts and shall be subject to the provisions of § 36-18 .

This district is intended to encourage sound industrial development by providing and protecting an environment exclusively for such development subject to regulations necessary to insure that it will not be detrimental to activities in adjacent commercial or residential neighborhoods by reason of, but not limited to excessive noise, smoke, odor, dust, vibrations, fumes, glare, or gas.

Buildings, structures, and land shall be used, and buildings and structures shall be erected, structurally altered, or enlarged in the M-2 Districts, only for the following uses, plus such other uses as the Planning Commission by resolution may deem to be similar and not detrimental to the public health, safety, and welfare. All uses shall be subject to the property development standards in § 3615.6 .

• A. Any use permitted in the "M-1" district.

• B. Acetylene gas manufacture and storage, acid manufacture, ammonia, bleaching powder or chlorine manufacture, blacksmith, boiler works, manufacture of brick, tile, concrete block and terracotta, concrete products, cotton, natural gasoline processing, oil cloth and linoleum manufacture, oil extracting and dehydration facilities or reduction, paint, oil, shellac, turpentine or varnish manufacture, paper manufacture, petroleum products, storage, petroleum refinery together with appurtenant uses, plastic manufacture, potash works, railroad repair shop, roofing manufacture, rolling mill, soap manufacture, soda and compound manufacture, stone mill, tar distillation and tar products manufacture, wood processing.

Only those accessory uses and accessory buildings customarily appurtenant to a permitted use.

[Amended 8-2-2021 by Ord. No. 1276]

The following uses may be permitted in the M-2 Districts subject to a Use Permit provided for in § 36-20 .

• A. Public and quasi-public uses appropriate to serve the M-2 District.

• B. Other manufacturing or industrial uses not expressly permitted in section 36-15.3 .

• C. School, church, hospital and dwellings; provided, that they are accessory to and incidental to and located upon the same property as a commercial or industrial use permitted in this district.

• D. Blast furnace or coke oven, manufacture of cement, lime gypsum or plaster of paris, distillation of bones, drop forge, explosive manufacture or storage, fat rendering, fertilizer manufacture, garbage or dead animal disposal, glue manufacture, oil extraction other than petroleum products, refuse disposal, rubber treatment, rock and gravel plant, stock yards, slaughtering, smelting, storage of tin, copper, zinc, ore, rags, paper, scrap and junk, tannery, winery, wrecked cars and wrecking cars.

• E. Retail commercial uses, such as restaurants and service stations, appropriate in and necessary to serve the M-2 District.

• F. Caretakers residence, one unit not to exceed twelve hundred square feet for industrial uses of one acre minimum lot area.

• G. Airports.

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

The following property development standards shall apply to all land and buildings in the M-2 Districts.

• A. Lot Area. The lot shall be sufficient to provide the minimum yard, parking requirements as specified in § 36-25 , and landscaping requirements as specified in § 36-24 .

• B. Setback/Yard Requirements. The following setback/yard requirements shall apply to all uses in the M-2 District:

  1. A minimum of ten (10) feet from the right-of-way line of any street less than sixty-eight (68) feet in width, except as provided for in § 36-18.9 . Special Building Lines.

• C. Distance Between Buildings: Minimum requirements of the Uniform Building Code.

• D. Building Height. No building erected shall have a height greater than seventy (70) feet. Permitted projections above these heights include: ventilating fans or similar equipment required to operate and maintain the building, flag poles, chimneys, or similar structures approved under Site Plan Review, § 36-19

• E. Hours of Operation. Business may be conducted on a twenty-four (24) hour a day basis except that fewer hours may be determined by the Planning Commission for those uses provided for in Sections 36-15.3 and 36-15.5 which are subject to a Use Permit provided for in § 36-20 .

• F. Site Plan Review. Prior to the issuance of any Building Permit for the erection of any structure on any lot, a Site Plan shall be submitted and considered pursuant to Site Plan Review requirements of § 36-19 .

• G. Landscaping and Open Space. All uses, as specified in § 36-24 .

• H. Fences, Hedges, Walls, and Screen Plantings. Fences, hedges, walls, and screen plantings shall be erected subject to the provisions of § 36-18 . The outside storage of materials merchandise supplies, equipment, wastes, incinerations, and sewage disposal shall be enclosed within a chain link with slats, solid wooden or masonry fence not less than six (6) feet in height. Whenever an M-2 Use is proposed to be located adjacent to an R-1, R-2, or R-3 District, an eight (8) foot masonry wall shall be constructed along the property line pursuant to § 36-24 .

• I. Off-Street Parking Requirements. All uses, as specified in § 36-25 .

• J. Off-Street Loading Requirements. All uses, as specified in § 36-25 .

• K. Vehicular Access. For all uses, there shall be vehicular access to the off-street parking and loading facilities from a dedicated street.

• L. Signs. For all uses, as specified in § 36-26 .

• M. All refuse, garbage and trash bins one-half yard or larger shall be behind the building set back line and screened from public view.

[Ord. No. 1124, § 2, Exh. A.]

The regulations set out in this section shall apply in all N-O Districts and shall be subject to the provisions of § 36-18 .

[Ord. No. 1124, § 2, Exh. A.]

N-O District is intended to provide an area for professional and general offices, residential uses and for uses located in close proximity to associated uses, such as hospitals or public offices. The District is established for the purposes of selectively providing for well-planned land uses to be

located between older residential neighborhoods and existing higher intensity nonresidential areas, such as corridor commercial, shopping center commercial, downtown commercial and industrial areas. It will provide for sites with yard, open space and architectural requirements similar to those in residential districts.

[Ord. No. 1031, § 1, 1995; Ord. No. 1124, § 2, Exh. A.]

Buildings, structures, and land shall be used, and buildings and structures shall be erected, structurally altered, or enlarged in the N-O District only for the following uses subject to the property development standards in § 36-16.6 .

• A. Office buildings for the accommodation of executive, administrative, professional or scientific staffs, not involving any outdoor storage or drive-through facilities.

• B. Medical and dental clinics, excluding veterinary clinics;

• C. Studios for an artist, designer, writer, photographer, sculptor or musician.

• D. State licensed small family day-care homes, nine (9) to fourteen (14) children as defined by the California State Health and Safety Code .

• E. Public Safety Facilities.

• F. Banks and savings and loans not involving drive-through services.

• G. Any other professional office or service establishment determined by Planning Commission Resolution to be consistent with the purpose of this section and which will not impair the present or potential use of adjacent properties.

[Ord. No. 1124, § 2, Exh. A.]

Only those accessory uses and accessory buildings customarily appurtenant to a principal use, such as incidental storage facility, garage, or off-street parking area. Accessory uses such as gift shops, newsstands, pharmacies, deli or coffee shops (outdoor seating permitted if located within fifteen (15) feet of building), beauty/barber shops and tanning salons, and employer operated day care facilities shall not exceed a cumulative floor area of twenty (20%) percent of the floor area occupied by the primary use.

[Ord. No. 992, Exh. F, 1992; Ord. No. 1124 § 2, Exh. A.]

The following uses may be conditionally permitted in the N-O District subject to the provisions of Sections 36-20.2 through 36-20.5 .

• A. Minor Use Permits.

  1. Any use permitted as a principal use in an R-1 and R-2 District.

  2. Day-care center (more than fourteen (14) children, as defined by the California State Health and Safety Code ).

  3. Bed and breakfast establishment.

  4. Churches, temples and synagogues.

  5. Laboratories.

• B. Major Use Permits.

  1. Any use permitted as a principal use in an R-3 District.

  2. Recreational facilities: nonprofit or publicly owned.

  3. Health-exercise facility or spa.

  4. Establishment of a mixed residential and commercial development.

  5. Educational and cultural institutions as follows:

     • a. Elementary and secondary schools.

     • b. Community colleges, colleges, and universities — but not including trade schools.

     • c. Libraries and art galleries.

     • d. Museums.

     • e. Private Instructions.

  6. Residential care facilities and nursing homes.

  7. Convalescent hospitals.

  8. Golf course.

  9. Communication facilities within buildings; radio stations.

  10. Nurseries or greenhouses; and,

  11. Any other retail business or service establishment which is determined by Planning Commission Resolution to be consistent with the purpose of this section and which will not impair the present or potential use of adjacent property. The following should be considered when evaluating any proposed use:

  - a. The type and size of the proposed use; 
  
  - b. The present use of adjoining properties, and the anticipated compatibility of the proposed use with such uses; 
  
  - c. Whether the site adjoins a residential zone, and the degree to which the proposed use is compatible with residential uses. 
  

• C. Prohibited Uses.

  1. Veterinary clinics.

  2. Outdoor storage.

  3. Adult entertainment enterprises.

  4. Fortunetelling.

• D. Expansions and Permit Extensions. Except as stated in the individual Major or Minor Use Permit Approval Resolution, Expansion and Permit Extensions are permitted per § 36-20.5

[Ord. No. 1124, § 2, Exh. A.]

The following property development standards shall apply to all residential uses in the N-O Districts.

• A. Lot Area.

  1. The minimum lot area shall be the same as the R-3 Zoning District for all dwelling uses.

  2. For all uses other than dwellings, the lot shall be sufficient to provide the minimum yard, parking requirements as specified in § 36-25 , and landscaping requirements as specified in § 36-24 and 36-16.6.J.

• B. Setback/Yard Requirements for Nonresidential Uses. The following setback/yard requirements shall apply to all nonresidential uses located adjacent to a residential district in the N-O District:

  1. Front Yard: Fifteen (15) feet.

  2. Side Yards:

     • a. Interior side yard when adjacent to a Residential District: Ten (10) feet landscaped buffer.

     • b. Interior side: No setback when located adjacent to Commercial District.

     • c. Exterior side of corner lot: Ten (10) feet.

  3. Rear Yard:

     • a. Adjacent to Residential Districts: Twenty (20) feet.

     • b. Adjacent to Commercial Districts: Ten (10) feet, except that a corner lot is allowed a rear yard of five (5) feet.

• C. Setback/Yard Requirements for Residential Uses. The following setback/yard requirements shall apply to all residential uses located adjacent to a residential district in the N-O District:

  1. Front Yard:

     • a. Porch: Ten (10) feet.

     • b. Habitable space: Fifteen (15) feet.

     • c. Garage: Twenty (20) feet.

  2. Side Yards:

     • a. Interior side: Seven and one-half (7.5) feet.

     • b. Exterior side of corner lot: Ten (10) feet.

  3. Rear Yard:

     • a. Twenty (20) feet, except that a corner lot is allowed a rear yard of five (5) feet.

  4. No residential use shall be located closer than one hundred (100) feet from the property line fronting Yosemite Avenue and on "F" Street.

• D. All residential uses shall incorporate the Oakdale Single Family Residential Design Expectations and/or Multiple-Family Residential Design Expectations.

• E. Architectural Features for nonresidential uses:

  1. Vary the planes of the exterior walls in depth and/or direction to avoid box-like structures.

  2. Vary height of buildings.

  3. Articulate the different parts of a building's façade by use of color, arrangement of façade elements, or a change in materials.

  4. Avoid blank walls. Utilize windows, trellises, wall articulation, arcades, change in materials, or other features.

  5. All structure elevations should be architecturally treated.

  6. For all uses other than residential, buildings shall front the street with all parking areas located on the side or rear of the buildings.

• F. Distance Between Buildings. Minimum requirements of the Uniform Building Code.

• G. Building Height. No building erected shall have a height greater than thirty-five (35) feet. Permitted projections above these heights include: ventilating fans or similar equipment required to operate and maintain the building, flag poles, chimneys, or similar structures approved under Site Plan Review, § 36-19 .

• H. All uses shall be conducted wholly within a completely enclosed building or a solid screen enclosure a minimum six (6) feet in height, except for outdoor eating establishments located within fifteen (15) feet of the front door, public utility substations and off-street parking and loading facilities. In addition, the Planning Commission may permit the outdoor operation of any permitted use by approving a Conditional Use Permit.

• I. Site Plan Review. Prior to the issuance of any Building Permit for the erection of any structure on any lot, a Site Plan shall be submitted and considered pursuant to Site Plan Review requirements of § 36-19 .

• J. Site Landscaping. Not less than fifteen (15%) percent of the gross site area shall be occupied by landscaping for office uses and twenty-five (25%) percent for residential uses. Front yard setbacks shall be utilized for landscaping. All landscaping shall include requirements as specified in § 36-24 , Landscaping and Open Space.

• K. Signs. The following regulations shall apply to signs located on property in the N-O District:

  1. Business Signs. Each enterprise, institution or business shall be permitted one (1) wall sign per elevation or one (1) under-canopy sign per street frontage and one (1) freestanding sign each subject to the following maximum size requirements.

     • a. Maximum wall sign area. One square foot for each lineal foot of the building wall from which the sign is attached, not to exceed forty (40) square feet. (Note: Wall signs shall be limited to the portion of a building wherein the use(s) or occupancy(s) is conducted. The maximum total area for each sign shall be based on the length of wall where the sign is to be located.)

     • b. Maximum freestanding sign area and height. One (1) square foot for each five (5) lineal feet of street frontage, not to exceed forty (40) square feet in area and four (4) feet in height.

     • c. Under-canopy sign area and dimensions.

       • (1) The maximum allowable sign area shall be one (1) square foot for each lineal foot of width of the canopy, awning, marquee or similar structure from which the sign is suspended, as measured perpendicular to the building wall.

       • (2) The maximum allowable horizontal length of an under-canopy sign shall be equal to the width of the canopy, awning, marquee or similar structure from which the sign is suspended, as measured perpendicular to the building wall.

     • (3) The minimum vertical clearance between the lower edge of an under-canopy sign and the ground shall be eight (8) feet.

2. Internally illuminated signs are prohibited within the lot frontage of (a) any property abutting, or (b) on a building wall facing any Residential District. Signs may be illuminated by an external light source that is placed no further than ten (10) feet from the sign face and is shielded to avoid illumination beyond the sign face. Light sources shall be shielded so that the lamp is not visible beyond the premises.

   3. In addition to these sign standards, all other general sign provisions contained in the Sign Ordinance, § 36-26 , shall apply.

• L. Fences, Hedges, Walls and Screen Plantings. Fences, hedges, walls and screen plantings shall be erected subject to the provisions of § 36-18.28 , and the prohibitions against vision obstructions in § 36-18.23 . Whenever an N-O use is proposed to be located adjacent to a Residential District, an eight (8) foot masonry wall shall be constructed along the property line pursuant to § 36-24 .

• M. Off-Street Parking Requirements.

  1. For all uses other than residential, required parking may be provided up to four hundred (400) feet from the use upon the demonstration of an irrevocable legal instrument guaranteeing the provision of the required parking.

  2. For all uses other than residential, none of the requirements of this chapter for off-street parking shall apply to any real property within the "parking and business improvement area" of the City, as defined in Ordinance No. 506; provided, that the parking and business improvement license tax assessed on any business conducted on any of the rear property for which a building permit is required shall be paid in full, with all arrearage, if any, paid before such building permit shall be issued.

  3. For all uses other than residential, buildings shall front the street with all parking areas located on the side or rear of the buildings.

  4. For all uses other than residential, parking is prohibited in the front yard setback area.

  5. Parking for the dwelling unit(s) and nonresidential uses shall be provided as set forth in § 36-25 .

• N. Off-Street Loading Requirements, as specified in § 36-25 .

• O. Vehicular Access. For all uses, there shall be vehicular access to the off-street parking and loading facilities from a dedicated street.

• P. Trash enclosures are subject to the following:

  1. Four (4) or fewer dwelling units. All refuse, garbage, and trash bins one-half (1/2) yard or larger shall be behind the building setback line and screened from public view.

  2. Five (5) or more dwelling units. A common trash enclosure will be required. Trash enclosures subject to public views will be constructed of split face masonry with solid metal doors, a minimum of six (6) feet in height, with a minimum two (2) foot irrigated and landscaped perimeter around the enclosure (excepting door entries),

3. Office and commercial uses. All refuse, garbage, and trash bins one-half (1/2) yard or larger shall be behind the building setback line and screened from public view. Outdoor trash enclosures are required on lots five thousand (5,000) square feet or larger in area. Trash enclosures subject to public views shall be constructed of split face masonry and solid metal doors, a minimum of six (6) feet in height, with a minimum two (2) foot irrigated and landscaped perimeter around the enclosure (excepting door entries). Trash enclosures not

subject to public views shall be enclosed by a non-extruded six (6) inch cement curb and a six (6) foot high slatted chain link fence and gated doors.

4. Hours of refuse pickup will be limited to the hours between 6:00 a.m. and 6:00 p.m.

[Ord. No. 1124, § 2, Exh. A.]

Development standards identified in § 36.16.6 are applicable to Mixed Use Development along with the following:

• A. A Major Use Permit is required for the establishment of a mixed residential and commercial development under two (2) acres. Two (2) acres or more requires a rezone to Planned Development.

• B. The maximum density is twenty (20) units per gross acre.

• C. The dwelling units shall be located on either the second floor or rear of the building/site.

• D. For mixed use developments a minimum of twenty (20%) percent of the lot area shall be landscaped.

The regulations set out in this section shall apply in all H-C Districts and shall be subject to the provisions of § 36-18 .

[Reference: Public Resources Code Section 5020.1]

To preserve sites and structures with historical and/or cultural significance for the aesthetic and/or educational value, "to include, but not limited to, any object, building, structure, site, area, or place which is historically or archaeologically significant, or is significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California" and the City of Oakdale.

Buildings, structures, and land shall be used, and buildings and structures shall be erected, structurally altered, or enlarged in the H-C Districts, for all principal uses provided for in the respective District with which the H-C District is combined, plus such other uses as the Planning Commission may deem to be similar and not detrimental to the public health, safety, and welfare, or intent of this District. All uses shall be subject to the property development standards in § 36-17.7 .

Only those accessory uses and accessory buildings customarily appurtenant to a principal use and which are architecturally harmonious and compatible with the principal use.

The following uses may be permitted in the H-C Districts subject to a Use Permit provided for in § 36-20 .

• A. All conditional uses provided for in the respective district with which the H-C District is combined, plus such other uses as the Planning Commission may deem to be similar and not detrimental to the public health, safety, and welfare, or intent of this District. All uses shall be subject to the property development standards in § 36-17.7 .

• A. Based on the Historic Sites Inventory - Oakdale, California, 1986, and the advice of the Oakdale Historical Society, any use which, in the opinion of the Director or a staff committee designated by the Director, would alter and/or remove the historical and/or cultural significance of the respective site or structure.

Property Development Standards shall apply to all land and buildings in the H-C Districts as specified by the ordinance adopted pursuant to § 36-23 establishing the H-C District. The ordinance shall, at a minimum, provide Property Development Standards for each item as follows:

• A. Lot Area.

• B. Lot Coverage.

• C. Lot Dimensions.

• D. Setback Requirements.

• E. Distance between buildings.

• F. Building Height.

• G. Site Plan Review.

• H. Landscaping and Open Space.

• I. Fences, Hedges, Walls, and Screen Plantings.

• J. Off-Street Parking Requirements.

• K. Off-Street Loading.

• L. Vehicular Access.

• M. Signing.

• N. Laundry, Clothes Drying Areas, and Facilities.

• O. Solid Waste Storage and Disposal Facilities.

• P. Recreational Facilities.

• Q. Architectural Features.

The H-C District, if adopted, shall become a part of the Zoning Map of the City. Each District shall be assigned a distinctive number, and shall also be identified by the zoning district that has been replaced (Such as, HC (R-1) 1, HC(C-2) 2, HC (LM) 3, etc.). The following evaluation standards shall be applied by the Planning Commission and City Council in assessing whether a site or structure shall be placed in a H-C District pursuant to § 36-23 .

• A. Any historic landmark included, or proposed to be included by pending application, in the National Register of Historic Places.

• B. Any historic landmark designated, or proposed to be included by pending application in the State Historical Places, Historical Landmarks, and/or Points of Interest.

• C. Is associated with an event or person of:

  1. Recognized significance in Oakdale, California, or American history.

  2. Recognized scientific importance in prehistory.

• D. Has a special or particular quality such as oldest, best example, largest, or last surviving sample of its kind.

• E. Is at least fifty (50) years old and possesses basic structural integrity and composition reflecting the period of origin.

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

[Ord. No. 1037; Ord. No. 1211; amended 8-2-2021 by Ord. No. 1276.]

• 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 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 short-term 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 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.

   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.

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 activity to ensure cleanup after the activity is finished.

[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.

     • (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.

• [1] 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.

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 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.

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.

[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 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.

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

[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.

[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 .

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 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 .

[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 onehalf (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 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:

[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.

  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.

[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.

[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 thirty-three (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.

[Ord. No. 1132, § 2, Exh. A.]

• A. Target units shall be constructed concurrently with non-restricted units or pursuant to a schedule 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 § 3618.20.3A 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.

[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.

     • 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 § 3618.20.3A 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.

[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 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 § 3618.20.4B .

  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 § 3618.20.8 .

   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 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.

  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.

[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, 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.

  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 noncompliance 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 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 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.

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

[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.

  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.

[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 self-latching 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:

  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 thousand (1,000), the Director, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least oneeighth (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 § 3622 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 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.

[Ord. No. 1230-15 Exh. A.]

• 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:

     • 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 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.

[Ord. No. 1026, § 1, 1995; Ord. No. 1143, Exh. C.]

The regulations in this section shall apply in all zoning districts wherein site plan review is specified and shall be subject to the provisions of § 36-18 . Specifically, site plan review provisions shall apply in all zoning districts to any principal use and uses subject to use permit.

The purposes of the site plan review process are to enable the Site Plan Review Committee to make a finding that the proposed development is in conformity with the intent and provisions of this ordinance and to guide the Department of Community Development and the Building Official in the issuance of building permits. More specifically, Site Plan Review is provided to ensure that structures, parking areas, walks, refuse containers, landscaping and street improvements are properly related to their sites and to surrounding sites and structures; to prevent excessive grading of the land and creation of drainage hazards; to prevent the indiscriminate clearing of property and the destruction of trees and shrubs of ornamental value; site development; and to encourage originality in site design and development in a manner which will enhance the physical appearance and attractiveness of the community. The Site Plan Review process is intended to provide for expeditious review of Environmental Impact Assessments required by official policy of the City and the State of California.

A Site Plan Review Committee, consisting of the Community Development Director, the Public Works Director and a representative appointed by the City Administrator, is created to carry out the duties hereinafter specified. Said Committee will also function as the Environmental Review Committee to perform the required Environmental Impact Assessment under the applicable provisions of the City policy as adopted by resolution pursuant to the California Environmental Quality Act of 1970, as amended.

The Site Plan Review Committee shall have the following powers and duties:

• A. To review Site Plan Applications for new construction and/or enlargement of structures for conformity with this chapter and adopted Design Standards for advisement to the Building Inspector; and

• B. The Committee may grant variations from the Design Standards whenever the Committee determines that the Design Standards impose a physical hardship which cannot be reasonably met. However, said variations shall not abridge any minimum standard or regulation imposed by this chapter.

The applicant shall submit five (5) prints of the site plan to the Community Development Department. The site plan shall be drawn to scale and indicate clearly and with full dimensions, the following information:

• A. Lot or site dimensions.

• B. All buildings and structures: location, size, height, proposed use.

• C. Yards and space between buildings.

• D. Walls and fences: location, height and materials.

• E. Off-street parking and off-street loading: location, number of spaces and dimensions of parking and loading areas, internal circulation pattern.

• F. Access – Pedestrian, vehicular, service: points on ingress and egress, internal circulation.

• G. Signs: location, size, height and type of illumination, if any including hooding devices.

• H. Lighting: location and general nature, hooding devices.

• I. Name all adjacent streets, roads or alleys, showing right-of-way and dedication widths, reservation width, and all types of improvements existing or proposed.

• J. Landscaping: location, type, and method of irrigation.

• K. Refuse enclosures: location, type and material.

• L. Such other data pertaining to site development as may be required by the planning Department to make the required findings. [Ord. No. 911, § 8,1987.]

The Site Plan Review Committee shall evaluate the Site Plan application to establish whether or not the following findings, and such other findings which may be specified by State law, can be determined, based on the evidence and testimony presented:

• A. That the proposed use is consistent with the General Plan and any applicable specific plans adopted by the City.

• B. That the design or improvements of the proposed use is consistent with the General Plan and any applicable specific plans adopted by the City.

• C. That the site is physically suitable for the type, density, and intensity of the proposed use.

• D. That the design or improvements of the proposed use are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat.

• E. That the design of the proposed use is not likely to cause public health problems.

The Site Plan Review Committee may approve or conditionally approve a Site Plan. In conditionallyapproving a Site Plan, the Committee may impose such requirements and conditions with respect to location and design, as determined to be necessary to obtain conformity with this chapter and adopted Design Standards. Denial of a Site Plan by the Site Plan Review Committee shall be in the form of a recommendation to the Planning Commission. Upon receipt of the recommendation for denial, the Planning Commission shall review the Site Plan and said recommendation for denial at its next regularly scheduled meeting.

• A. A site plan approved pursuant to the provisions of this section shall be considered in relation to requirements of City policy governing the preparation of Environmental Impact Assessments. It is the intent of this section that an Environmental Impact Assessment be made concurrently with and as a part of the Site Plan Review process.

• B. Where it is determined by the Environmental Review Committee that an Environmental Impact Report (EIR) is required for a proposed project, action on a proposed site plan shall be deferred until such time as the EIR has been prepared and reviewed pursuant to provisions of the City's Guidelines and State law. The Planning Commission and/or City Council shall, at the completion of said EIR review, attach such conditions to the approval of the site as in their judgement mitigate or reduce to acceptable levels any of the environmental impacts identified during review of the EIR. The Planning Commission and/or City Council may deny a site plan if it is found that such mitigation or reduction of environmental impacts is not feasible.

Any action taken by the Committee and the Planning Commission in considering a Site Plan application may be appealed pursuant to the provisions of § 36-22 .

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 applicant, in writing, of the determination and include any applicable requirements and conditions.

[Ord. No. 911, § 9,1987.]

A Site Plan shall become null and void if the Site Plan has not been used for its intended purpose within one (1) year from the date of the approval action. Upon written request of the applicant filed with the City prior to the expiration date, the expiration date may be extended by the Director for an additional period up to, but not exceeding, ninety (90) days.

[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.

[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 .

[Ord. No. 988, Exh. A, 1991.]

• 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.

[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.

[Ord. No. 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.

[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.

[Ord. No. 988, Exh A., 1991.]

• 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.

[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.