§ 36-16. "N-O" Neighborhood Office District.

[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.