Title 10 — PLANNING AND ZONING

All the provisions of chapters 3 and 4 of title 7 of the Government Code of the State, Statutes of 1965, and the amendments thereto, referred to in this chapter as chapters 3 and 4, relating to the authority and procedures for local planning and zoning regulations as applicable to cities, are hereby made a part of this Code even though not specifically included in their entirety or referred to in this chapter.

(Prior code § 10-1.01)

The Planning Commission of the City is hereby established and shall consist of five (5) members appointed by the Mayor with the approval of the Council. The members shall be citizens, not City officials or employees, of the City. The members shall serve at the pleasure of the Council. Members may be automatically terminated as may be set forth by City Council resolution. Otherwise, members may be terminated at any time by a majority vote of the entire Council. Unless subject to automatic termination, members shall first be notified in writing of the Council's intended consideration of their termination. Such members, upon a request to the Council within fifteen (15) days following their receipt of such notice, shall be entitled to a hearing before the entire Council prior to the Council's vote on their termination.

The members heretofore appointed shall complete the terms for which they were appointed, and their successors to such terms shall be appointed for terms of four (4) years, except in the case of unexpired portions of terms. If a vacancy shall occur otherwise than by an expiration of a term, it shall be filled by an appointment for the unexpired portion of such term.

(Prior code § 10-1.02)

(Ord. No. 1146, § 2, 3-16-2010)

(a)

The Planning Commission shall elect a Chairman and Vice-Chairman from among the citizen members and a secretary, who need not be a member, for a term of one year, and such officers may be reelected for successive terms of office. Subject to the provisions of chapters 3 and 4 of title 7 of the Government Code of the State and other applicable laws, the Commission may create and fill such other offices and may recommend the employment of consultants or other employees as it may determine appropriate.

(b)

The Planning Commission shall hold at least two (2) regular meetings in each month. Any petitioner or citizen applicant desiring a special meeting of the Commission shall pay a fee as set by resolution of the Council prior to the calling of any such meeting. If there is more than one petitioner or applicant, the charge shall be prorated equally. The Commission shall adopt rules for the transaction of business and shall keep a record of its transactions, findings, and determinations.

(c)

All members of the Planning Commission shall serve as such without compensation, except for reasonable traveling expenses to and from their usual place of business to the place of meeting of the Commission, and except that the Council may establish by resolution a compensation for the citizen members for attendance at Commission meetings. Officers shall serve without extra compensation, except that the secretary, whether a member or nonmember, may, by Council resolution, receive a further compensation in addition to such other compensation as the secretary may receive from any other source.

(d)

When duly authorized by the Planning Commission, its members, including ex officio members and members of its staff, may attend City planning conferences or meetings, or hearings on City planning legislation, or matters affecting the planning of the City, and the reasonable expenses of such attendance shall be charged upon the funds allocated to the Commission.

(Prior code § 10-1.03)

(Ord. No. 1146, § 1, 3-16-2010)

10.04.040 - Powers and duties.

The Planning Commission shall have the general powers and duties specified for the Planning Commission in chapters 2 and 3 of this title and pursuant thereto shall have the power and duty to:

(a)

Perform all of the functions assigned to a City Planning Commission by the State Planning and Zoning Law and other statutes of the State relating to planning and zoning;

(b)

Prepare and recommend the adoption, amendment, or repeal of a comprehensive long-term general plan, or any portion thereof, for the physical development of the City, together with detailed or specific sections based thereon, which shall include a land use element, a circulation element, a conservation element, an open space element, including a parks and recreation element, a housing element, and a fire and geologic hazard element, and which may include a redevelopment element, a transportation element, a transit element, a public services and facilities element, a community design element, and such other elements or plans as it or the Council may deem appropriate to relate to the physical development of the City;

(c)

Advise with and recommend to the proper officials of the City the approval, disapproval, or modification of all maps or plats of land subdivision in accordance with the Subdivision Map Act of the State or as may be provided by this Code;

(d)

Hold hearings on planning and zoning matters as prescribed in the State Planning and Zoning Law or by this Code; and

(e)

Pursuant to Government Code § 65402(a), and subject to the limitations set forth in section 2.20.300 of this Code, report to the proper officials of the City upon whether each acquisition or disposition of City-owned real property is in conformance with the general plan.

(Ord. 1069 § 2, 2004; prior code § 10-1.04)

It is hereby declared, subject to the provisions of chapters 2 and 3 of this title, that all general and specific plans and regulations, including subdivision, zoning, and other related regulations, heretofore adopted pursuant to enactments repealed by said chapters 2 and 3 and this chapter, shall remain in full force and effect as though adopted pursuant to the provisions of said chapters 2 and 3 and this chapter.

(Prior code § 10-1.05)

Chapter 10.08 - ZONING REGULATIONS Article 1. - Title and Purposes

This chapter shall be known as the "zoning regulations" or "zoning ordinance".

(Prior code § 10-2.101)

(Ord. No. 1202, Exh. A § 1, 12-1-2015)

Zoning regulations for the City are hereby adopted in order to conserve and stabilize the value of property; to provide adequate open spaces for light and air and to secure safety from fire, panic, and other dangers; to prevent undesirable concentrations of population; to lessen congestion on streets; to facilitate adequate provisions for community utilities and facilities, such as transportation, water, sewage, schools, parks, and other public requirements; to provide the economic and social advantages resulting from an orderly, planned use of land resources; and to encourage conservation and the consolidation of all public resources and services.

(Prior code § 10-2.102)

Article 2. - Definitions

Article and section headings contained in this chapter shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of any section of this chapter.

(Prior code § 10-2.201)

For the purposes of this chapter, certain terms and words used in this chapter are defined as set forth in this article. The word "lot" shall include the word "plot"; the word "building" shall include the word "structure"; the word "occupied" shall include the words "arranged or designed for" or "intended to be occupied"; and the term "Planning Commission" shall mean the Planning Commission of the City.

(Prior code § 10-2.202)

"Accessory" shall mean a building, a part of a building, or a use which is subordinate to, and the use of which is incidental to, that of the main building, structure, or use on the same lot as the main building or use, which building does not contain a kitchen, and not including those buildings defined in this article as farm and garden buildings.

(Prior code § 10-2.203)

10.08.052 - Accessory dwelling unit.

"Accessory dwelling unit" means an attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons. It includes permanent provisions for living, sleeping, eating, cooking and sanitation on the same lot as one single-family dwelling is situated. An accessory dwelling unit also includes the following: (1) an efficiency unit, as defined in Health and Safety Code section 17958.1; and (2) a manufactured home, as defined in Health and Safety Code section 18007. Any reference in this Code to "second unit" means "accessory dwelling unit." (Gov't. Code, section 65852.2(i). See TMC, section 10.08.3180.).

(Ord. No. 1254, § 1, 5-1-2018)

10.08.060 - Alley.

"Alley" shall mean a public thoroughfare dedicated or deeded for the public use of pedestrians and vehicles which affords, or is designed or intended to afford, the secondary means of access to abutting property having a width of not less than twenty (20') feet, nor more than twenty-five (25') feet.

(Prior code § 10-2.204)

10.08.070 - Apartment house.

"Apartment house" shall mean a building arranged, intended, or designed to be occupied, or which is occupied, by three (3) or more families or groups of individuals, and with each defined group living

independently of each other in separate dwelling units.

(Prior code § 10-2.205)

10.08.080 - Area.

"Area" shall mean the aggregate of the space contained within the given exterior boundary of a parcel on a horizontal plane.

(Prior code § 10-2.206)

10.08.090 - Automobile and trailer sales area.

"Automobile and trailer sales area" shall mean an open area legally used for the display, sale, or rental of new or used automobiles or trailers.

(Prior code § 10-2.207)

10.08.100 - Boarding and rooming house.

"Boarding and rooming house" means a building, or portion of a building, which is used to accommodate, for compensation, three (3) or more boarders and roomers. Members of the occupant's family who might be occupying such building shall not be defined as boarders or roomers. For the purposes of this section, "compensation" includes compensation in money, services, or other things of value.

(Prior code § 10-2.208)

(Ord. No. 1202, Exh. A § 2, 12-1-2015)

10.08.110 - Building.

"Building" shall mean a roofed structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind which requires a permanent location.

(Prior code § 10-2.209)

10.08.120 - Building addition.

"Building addition" shall mean an extension or increase in the floor area or height of a building or structure.

(Prior code § 10-2.210)

10.08.130 - Building, attached.

"Attached building" shall mean a structure or structures permanently and structurally affixed to another structure by a common wall or a roof line. The point of attachment shall be the full length of the wall or roof line of the attached structure.

(Prior code § 10-2.211)

10.08.140 - Building height.

"Building height" shall mean the vertical distance measured from the average elevation of the front street curb to the highest point of the structure, exclusive of the permitted uses set forth in Section 10.08.3200 of Article 24 of this chapter. Where buildings are set back from the front lot line, the height shall be measured from the average elevation of the finished grade of the front yard.

(Prior code § 10-2.212)

10.08.150 - Building line.

"Building line" shall mean a line parallel to the lot line of any facing street and at a distance therefrom equal to the required depth of the front and/or side yards, as measured in accordance with the provisions of Section 10.08.3220 of Article 24 of this chapter, and extending across the full width of the lot on any facing street.

(Prior code § 10-2.213)

10.08.160 - Building, main.

"Main building" shall mean the principal building on a lot or building site designed or used to accommodate the primary use to which the premises are devoted. Where a permissible use involves more than one structure designed or used for the primary purpose, as in the case of group houses, each such permissible building on one lot as defined by this chapter shall be construed as constituting a main building.

(Prior code § 10-2.214)

"Portable building" shall mean a roofed structure built for the support, shelter, or enclosure of household pets, chattels, or property of any kind which does not require a permanent location and which does not exceed a height of seven (7') feet four (4') inches.

(Prior code § 10-2.215)

10.08.175 - Car wash.

"Car Wash" shall mean any building, structure, or area which provides facilities for washing and cleaning motor vehicles, which may use production line methods with a conveyor, blower or other mechanical devices, and which may employ some hand labor.

(Ord. No. 1354, § 3, 3-18-2025)

10.08.180 - Carport.

"Carport" shall mean a covered automobile parking space unenclosed on a least two (2) sides by walls or doors. A carport shall be subject to all of the regulations prescribed in this chapter for a private garage.

(Prior code § 10-2.216)

10.08.190 - Center line of street.

"Center line of street" shall mean that line designated as "center line" in any street in the records of the City Engineer.

(Prior code § 10-2.217)

10.08.200 - Club.

"Club" shall mean 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.

(Prior code § 10-2.218)

10.08.210 - Commission.

"Commission" shall mean the Planning Commission of the City.

(Prior code § 10-2.219)

10.08.220 - Condominium.

"Condominium" shall mean 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 building, such as an apartment. A condominium may include, in addition, a separate interest in other portions of such real property.

(Prior code § 10-2.219.1)

10.08.230 - Construction, completion of.

Construction shall be deemed to be complete when, and at such time as, an occupancy permit has been issued by the City.

(Prior code § 10-2.220)

10.08.240 - Construction, start of.

Construction shall be deemed to have been started at such time as the first required inspection of the forms has been completed and approved by the City.

(Prior code § 10-2.221)

10.08.250 - Court.

"Court" shall mean a space open and unobstructed to the sky, located at or above the grade level on a lot, and bounded on three (3) or more sides by the walls of a building.

(Prior code § 10-2.222)

10.08.255 - Day care home.

"Day care" means a small family day care home as defined by Health and Safety Code section 1596.78, or a large family day care home as defined by Health and Safety Code section 1596.78, licensed by the State. (See also section 10.08.3195.)

(Ord. No. 1171, § 1, 6-19-2012)

10.08.257 - Director.

"Director" means the City's Director of Development Services or his or her designee. It includes any former title for the position, such as community development director.

(Ord. No. 1189, § 1, 11-5-2013)

10.08.260 - Drive-in restaurant.

"Drive-in restaurant" shall mean eating or food establishments from which prepared food or drink, capable of being consumed by patrons or customers in automobiles or on the premises, is sold or served. Such premises shall have off-street customer parking facilities.

(Prior code § 10-2.223)

10.08.270 - Dwelling, dwelling unit, unit.

"Dwelling," "Dwelling unit" or "Unit" means a building, or portion thereof, designed or used for residential occupancy of indefinite duration, including single-family, two-family, and multi-family buildings. These terms do not include buildings used for boarding, rooming, or lodging houses, tents, motels, motor courts, motor lodges, cottages, camps, or similar structures designed or used primarily for transient residents.

(a)

"Dwelling, single-family" means a detached building arranged, designed, or used for, and intended to be occupied by, not more than one family, and which building has not more than one primary kitchen and not less than one bathroom.

(b)

"Dwelling, two-family" means a building designed for occupancy by two (2) families living independently of each other and containing two (2) dwelling units.

(c)

"Dwelling, multiple-family" shall mean a building designed for occupancy by three (3) or more families living independently of each other and containing three (3) or more dwelling units".

(Prior code § 10-2.2224)

(Ord. No. 1202, Exh. A § 7, 12-1-2015)

"Dwelling group" shall mean a group of two (2) or more detached dwellings located on a parcel of land in one ownership and having one yard or court in common.

(Prior code § 10-2.225)

"Dwelling unit" shall mean one or more rooms in a dwelling designed for occupancy by one family for living or sleeping purposes and having one kitchen.

(Prior code § 10-2.226)

10.08.295 - Eating and/or drinking establishment.

"Eating and/or drinking establishment" means a business serving food or beverages for consumption on or off the premises. Typical uses include, but are not limited to, restaurants, bars, fast food establishments, coffee houses, ice cream/yogurt establishments and juice bars.

"Eating and/or drinking establishment that serves alcohol and provides entertainment after 11:00 p.m." means the business serves alcoholic beverages and provides entertainment such as live music, disc jockeys, dancing, karaoke, comedy shows, modeling, or live performances.

(Ord. No. 1177, § 4, 1-15-2013)

"Educational institution" shall mean an elementary, junior high, high school, college, university, or other school offering general academic instruction in the several branches of learning and study required to be taught by the Education Code of the State.

(Prior code § 10-2.227)

10.08.302 - Emergency homeless shelter.

"Emergency homeless shelter" means housing for homeless persons with minimal supportive services that is limited to occupancy of six (6) months or less (Health and Safety Code, § 50801(e).)

(Ord. No. 1202, Exh. A § 3, 12-1-2015)

"Entertainment" means such uses as live music, disc jockeys, dancing, karaoke, comedy shows, modeling, or live performances.

(Ord. No. 1177, § 5, 1-15-2013)

10.08.310 - Factory-built housing.

"Factory-built housing" shall mean a home which conforms to the standards of the California Factory Built Housing Law of 1969.

(Prior code § 10-2.227.1)

10.08.320 - Family.

"Family" means one or more persons occupying a single dwelling unit, under no more than one written or oral rental agreement.

(Prior code § 10-2.228)

(Ord. No. 1202, Exh. A § 8, 12-1-2015)

10.08.330 - Farm employee housing.

"Farm employee housing" shall mean living quarters, including dwellings, sleeping accommodations, and dining facilities, maintained for occupancy by persons employed principally in farming and related pursuits on land owned, leased, or rented by the owner, lessor, or tenant of the site on which the farm employee housing is located, except farm labor camps or trailer parks.

(Prior code § 10-2.229)

10.08.340 - Farm and garden uses and buildings.

"Farm and garden uses and buildings" shall mean those structures and buildings used to enclose or shelter livestock, poultry, feed, flowers, field equipment, or similar uses and those uses of land devoted to raising crops, poultry, or livestock.

(Prior code § 10-2.230)

10.08.350 - Floor area.

"Floor area" shall mean 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 the usable area under the horizontal projection of the roof or floor above.

(Prior code § 10-2.231)

"Floor area ratio" shall mean a mathematical expression determined by dividing the total floor area of a building by the area of the lot on which it is located, as:

floor area = floor area ratio.

lot area

(Prior code § 10-2.232)

10.08.370 - Frontage.

"Frontage" shall mean all the property fronting on one side of a street between intersecting or intercepting streets, or between a street and a waterway, end of a dead-end street, or political subdivision boundary,

measured along the street line. An intercepting street shall determine along the length of the frontage on the side of the street which it intercepts.

(Prior code § 10-2.233)

"Fuel station" shall mean any building, land area, or other premises used primarily for the retail dispensing or sales of gasoline or alternative fuel for automobiles.

(Ord. No. 1354, § 4, 3-18-2025)

10.08.380 - Garage, private.

"Private garage" shall mean a building, or portion of a building, not more than 1,000 square feet in area, in which only motor vehicles used by the tenants of the buildings on the premises are stored or kept not for pecuniary gain.

(Prior code § 10-2.234)

10.08.390 - Garage, public.

"Public garage" shall mean a garage, other than a private garage, totally enclosed within a building, used for the housing of motor vehicles or wherein motor vehicles are stored or kept for remuneration, hire, or sale.

(Prior code § 10-2.235)

10.08.400 - Garage sale.

"Garage sale" shall mean the sale of personal property to the general public from residentially zoned and occupied land. Garage sales are regulated by section 10.08.3170 of Article 23 of this chapter.

(Prior code § 10-2.235.1)

"Grade" shall mean the mean elevation of the finished surface of the ground adjacent to the exterior walls of the building, except that where the exterior walls are within five (5') feet of the street line, the elevation of the sidewalk at the center of such exterior wall or walls shall be taken as the grade.

(Prior code § 10-2.236)

10.08.420 - Guest house or accessory living quarters.

"Guest house or accessory living quarters" shall mean living quarters within a detached structure for the use of persons employed on the premises or for temporary use by guests of the occupants of the premises. Such quarters shall have no kitchen facilities and shall not be rented or otherwise used as a separate dwelling.

(Prior code § 10-2.237)

10.08.430 - Height.

(See section 10.08.140 of this article.)

(Prior code § 10-2.238)

10.08.440 - Home occupation.

(See Article 36 of this chapter.)

(Prior code § 10-2.239)

10.08.450 - Hospital, nursing home, and rest home.

(a)

"Hospital" shall mean a building, or portion thereof, used or designed for the housing and therapeutic treatment of the sick and injured.

(b)

"Nursing home" shall mean a building used or designed for the housing of convalescent patients requiring continual nursing care.

(c)

"Rest home" shall mean a building used or designed for the housing of persons requiring limited medical and/or nursing functions.

The identifications set forth in this section shall not include rooms in any one-family, two-family, or threefamily dwelling or in any hotel or apartment hotel which is not ordinarily intended to be occupied by such persons.

(Prior code § 10-2.240)

"Hotel" shall mean a building designed or used as the temporary abiding place of individuals who are lodged with or without meals for compensation and in which there are more than six (6) sleeping rooms, usually in which no provision is made for cooking in any guest room.

(Prior code § 10-2.241)

"Household pets" shall mean animals or fowl ordinarily permitted in the house and kept for company or pleasure and not for profit, such as dogs, cats, and birds, but not including a sufficient number of dogs to constitute a kennel, as defined in this chapter, and not to exceed three (3) cats six (6) weeks of age or older. "Household pets" may also include not more than twelve (12) chinchillas, twelve (12) hamsters, twelve (12) white mice, or other laboratory animals; provided, however, not more than four (4) kinds of household pets may be kept for any dwelling unit at any one time.

(Prior code § 10-2.242)

"Impoundment area" shall mean an enclosed yard where abandoned, inoperative, and/or purchased vehicles are towed by a franchised or contracted towing service (Section 22706 of the Vehicle Code of the State) and stored while being processed for sale and/or dismantling. No dismantling shall be permitted in an impoundment area, but storage may include towing equipment.

(Prior code § 10-2.243)

10.08.490 - Junk yard or automobile wrecking yard.

"Junk yard or automobile wrecking yard" shall mean any lot, land, or area used for the storage, keeping, dismantling, or abandonment of junk, one or more automobiles, household furniture and appliances, machinery, scrap materials, and/or any discarded matter or materials, or parts thereof, for sale or salvage.

(Prior code § 10-2.244)

10.08.500 - Kennel.

"Kennel" shall mean a place where three (3) or more dogs four (4) months of age or older are kept.

(Prior code § 10-2.245)

10.08.510 - Kitchen.

"Kitchen" shall mean any room and/or other space used, or intended or designed to be used, for cooking or for the preparation of food for one family.

(Prior code § 10-2.246)

10.08.515 - Local Agency Formation Commission.

"Local Agency Formation Commission" or "LAFCo" means the San Joaquin County Local Agency Formation Commission, established under the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Government Code section 56000 and following).

(Ord. No. 1144, § 4, 3-16-2010

10.08.520 - Lot.

"Lot" shall mean a piece, plot, or parcel of land, or assemblage of contiguous parcels of land, as established by survey, plat, or deed, having approved access as defined by the subdivision ordinance.

(Prior code § 10-2.247)

10.08.530 - Lot of record.

"Lot of record" shall mean a parcel of land held in separate ownership as shown on the records of the County Recorder on October 21, 1952, the official approval date of the first zoning ordinance of the City.

(Prior code § 10-2.248)

10.08.540 - Lot, reversed corner.

"Reversed corner lot" shall mean a corner lot having its side street line substantially a continuation of the front lot line of the first lot to its rear.

(Prior code § 10-2.249)

10.08.550 - Lot street frontage.

"Lot street frontage" shall mean the distance along any lot line common with the street right-of-way line.

(Prior code § 10-2.250)

10.08.560 - Lot width.

"Lot width" shall mean the distance parallel to the front lot line measured between the side lot lines at the required front yard required for the zone in which the lot is located.

(Ord. 1051 § 1, 2003: prior code § 10-2.251)

10.08.570 - Lot line, front.

"Front lot line" shall mean the property line dividing a lot from a street. In a corner lot, only one street line shall be considered as a front line, and the shorter street frontage shall be consider the front line.

(Prior code § 10-2.252)

10.08.580 - Lot line, rear.

"Rear lot line" shall mean the lot line opposite the front lot line.

(Prior code § 10-2.253)

10.08.590 - Lot line, side.

"Side lot line" shall mean any lot line other than the front lot line or rear lot line.

(Prior code § 10-2.254)

10.08.600 - Manufactured home.

"Manufactured home" means a building that is transportable in one or more sections, is eight (8) feet or more in width, or forty (40) feet or more in length, in the traveling mode, or, when erected on site, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation when connected to required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained in it. "Manufactured home" includes:

(1)

A mobile home; and

(2)

Any building that meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C., section 5401, and following). (Hlth. & Saf. Code, sections 18007 and 18008.)

(Prior code § 10-2.254.1)

(Ord. No. 1202, Exh. A § 9, 12-1-2015)

10.08.610 - Mobile home.

(See "Manufactured home").

(Prior code § 10-2.255)

(Ord. No. 1202, Exh. A § 10, 12-1-2015)

10.08.620 - Motel.

"Motel" shall mean any area, place, or tract of land where three (3) or more guest rooms or apartments, or a combination thereof, designed, used, or intended wholly or in part for the accommodation of transients, are located and offered for hire, rent, or lease.

(Prior code § 10-2.256)

10.08.630 - Nonconforming building.

(See Article 25 of this chapter.)

(Prior code § 10-2.257)

10.08.640 - Nonconforming use.

(See Article 25 of this chapter.)

(Prior code § 10-2.258)

10.08.650 - Nursery school or day care center.

"Nursery school" or "day care center" means premises being used for the care of seven (7) or more children, not located in a residence. (See also section 10.08.255.)

(Prior code § 10-2.259)

(Ord. No. 1171, § 2, 6-19-2012)

10.08.660 - Office.

"Office" shall mean a building, room, or department wherein a business or service for others is transacted, but not including the storage or sale of merchandise on the premises in any residential zone.

(Prior code § 10-2.260)

"One-half story" shall mean a story with at least two (2) of its opposite sides situated in a sloping roof, the floor area of which does not exceed two-thirds of the floor immediately below it.

(Prior code § 10-2.260.1)

"Open space" shall mean any front, side, or rear yard, court, usable open space, or off-street parking space provided about a building in order to meet the requirements of this chapter.

(Prior code § 10-2.261)

"Parking area" shall mean an open area, with a permanently surfaced area pursuant to the provisions of section 10.08.3510 of Article 26 of this chapter, other than a street or alley, used for the parking of more than five (5) automobiles, either free, for compensation, or as an accommodation.

(Prior code § 10-2.262)

"Parking space" shall mean a permanently surfaced area, pursuant to the provisions of section 10.08.3510 of Article 26 of this chapter, of not less than nine (9') feet by twenty (20') feet, exclusive of access or maneuvering areas, ramps, or columns, to be used exclusively as a temporary storage space for one private motor vehicle.

(Prior code § 10-2.263)

"Performance standards" shall mean the criteria established for the purpose of:

(a)

The assignment of proposed industrial uses to proper zones; and

(b)

Making adjustments in the control of noise, odor, smoke, toxic matter, vibration, fire and explosive hazards, or glare generated by, or inherent in, the use of land or buildings.

(Prior code § 10-2.264)

10.08.720 - Person.

"Person" shall mean and include association, firm, copartnership, and corporation.

(Prior code § 10-2.265)

"Planned residential development" shall mean and include zero lot line, attached, cluster, and similar nontypical residential designs planned as a single project.

(Prior code § 10-2.265.1)

"Planned unit development" shall mean a project planned and developed under a single ownership or control to allow greater flexibility in planning for residential, commercial, and industrial uses, utilizing the provisions for the Planned Unit Development Zone (PUD) (Article 13 of this chapter).

(Prior code § 10-2.266)

The primary use of a multi-use business shall be determined by the amount of floor space devoted to each use. The primary use, and thus the appropriate zoning district, shall be determined by the use maintaining a minimum of eighty (80%) percent of the sales floor area. The storage areas shall not be included in such computation.

(Prior code § 10-2.267)

10.08.760 - Professional office.

"Professional office" shall mean an office for the following professions: Accountants, architects, artists, attorneys, dentists, engineers, insurance agents, physicians, real estate brokers, and/or those other uses the Commission deems as similar in nature and which do not create a nuisance by reason of noise, odor, dust, vibration, fumes, smoke, electrical interference, or other causes.

(Prior code § 10-2.268)

10.08.770 - Public water and public sewer facilities.

"Public water and public sewer facilities" shall mean those facilities of a municipality or water or sanitation district approved by the San Joaquin Department of Environmental Health and the State Department of Health for general public use.

(Ord. 1120 § 10, 2008: prior code § 10-2.269)

"Restaurant" shall mean a public eating place designed primarily for the serving and consumption of food within an enclosed building.

(Prior code § 10-2.270)

Editor's note— Ord. No. 1254, § 4, adopted May 1, 2018, repealed § 10.08.790, which pertained to second units and derived from Prior code § 10-2.270.1; Ord. No. 1202, Exh. A § 11, 12-1-2015.

Editor's note— Ord. No. 1354, § 2, adopted March 18, 2025, repealed § 10.08.800, which pertained to Service stations and derived from prior code § 10-2.271.

"Shade structure" is a detached or attached structure that is no higher than the first story of a dwelling and may have a roof but does not have walls or covering on the sides such as a patio cover, arbor, or similar structure. For the purposes of this definition, the term "wall" shall not include the wall of a dwelling to which a shade structure is attached.

(Ord. 1024 § 1, 2001)

"Sidewalk dining" shall mean the use of public sidewalk for the placement of tables, chairs, benches, umbrellas, or other appurtenances for the purpose of serving food or beverages in conjunction with land adjacent to an indoor restaurant, delicatessen, coffee shop, ice cream or yogurt shop.

(Ord. 1045 § 1, 2003)

"Single-room occupancy facility (SRO)" means a residential building that includes multiple single-room dwelling units that are the primary residence of their occupant or occupants (24 C.F.R. 92.2.).

(Ord. No. 1202, Exh. A § 4, 12-1-2015)

"Small animal hospital" shall mean a hospital and/or boarding kennel facility available only for small animals, such as dogs, cats, and other household pets, excluding any diagnosis or treatment on the premises of cattle, horses, and commercial poultry, the entire facility to be completely enclosed within a building, except for the parking of automobiles.

(Prior code § 10-2.272)

10.08.820 - Spa.

"Spa" shall mean a portable structure used or intended for recreational bathing, designed to contain water over eighteen (18') inches deep and outside dimensions not exceeding 160 square feet.

(Prior code § 10-2.272.1)

"Stand" shall mean a structure for the display of products, with no space for customers within the structure itself.

(Prior code § 10-2.273)

"Story" shall mean 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 and roof above. If the finished floor space is more than six (6') feet above grade, as defined herein, for more than fifty (50%) percent of the total perimeter, or is more than twelve (12') feet above grade, as defined herein, at any point, such as the basement, cellar, or unused underfloor space, it shall be considered as a story.

(Prior code § 10-2.274)

"Street" shall mean a thoroughfare which has been dedicated or abandoned to the public and accepted by proper public authority, or a thoroughfare not less than twenty-five (25') feet wide which has been made public by right of use and which affords the principal means of access to abutting property; provided, however, easements, walkways, and alleys shall not be considered as "streets" for the purposes of this chapter.

(Prior code § 10-2.275) 10.08.850

10.08.852 - Supportive housing facility.

"Supportive housing facility" means housing with no limit on the length of stay, that is occupied by persons with disabilities and individuals or families that are homeless at the time approved for occupancy, and that is linked to on-site services that assist the supportive housing resident in retaining the housing, thereby improving the residents' health status, and maximizing his or her ability to live and, when possible and applicable, work in the community. Supportive housing that is provided in single-family, two-family, or multi-family dwelling units will be permitted, conditionally permitted or prohibited in the same manner as other single-family, two-family, or multi-family dwelling units under this code. (Government Code, section 65582(f)).

(Ord. No. 1202, Exh. A § 5, 12-1-2015)

"Swimming pool" shall mean any in-ground or above ground structure used or intended for swimming or recreational bathing that is designed to contain water over eighteen (18') inches deep and outside dimensions greater than or equal to 160 square feet.

(Prior code § 10-2.276)

10.08.861 - Transitional housing facility.

"Transitional housing facility" means a building configured for rental housing, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time that is not less than six (6) months from beginning of assistance. Transitional housing that is provided in single-family, two-family, or multifamily dwelling units will be permitted, conditionally permitted or prohibited in the same manner as other single-family, two-family, or multi-family dwelling units under this code. (Health and Safety Code, section 50675.2(h)).

(Ord. No. 1202, Exh. A § 6, 12-1-2015)

10.08.870 - Unit.

(See section 10.08.290 of this article.)

(Prior code § 10-2.278)

10.08.880 - Use.

"Use" shall mean the purpose for which either land or a structure is or may be occupied or maintained. (Prior code § 10-2.279)

10.08.890 - Use permit.

(See Article 34 of this chapter.)

(Prior code § 10-2.280)

10.08.895 - Veterinary clinic.

"Veterinary clinic" shall mean an establishment for the general health, welfare, surgery, and preventative treatment of household pets. All uses shall be conducted within a completely enclosed building.

(Ord. 1004 § 1, 1999)

10.08.900 - Veterinary hospital.

"Veterinary hospital" shall mean an establishment for the care and treatment of animals, including household pets, livestock, and commercial poultry, all facilities to be within a completely enclosed building, except for exercising runs and the parking of automobiles.

(Prior code § 10-2.281)

10.08.910 - Wholesale.

"Wholesale" shall mean the sale of goods, wares, merchandise, or services for the purpose of resale and not to consumers or users thereof.

(Prior code § 10-2.282)

"Yard" shall mean 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.

(Prior code § 10-2.283)

"Front yard" shall mean an area extending across the full width of the lot, and lying between the front lot line and a line parallel thereto, and having a distance between such parallel lines equal to the required front yard depth as prescribed in each zone. The depth of the front yard shall be measured by a line at right angles to the front lot line, or by the radial line in the case of a curved front lot line. Where a lot lies partially within a planned street indicated on a precise plan for such street, the front yard depth shall be measured in accordance with the provisions of Section 10.08.3220 of Article 24 of this chapter.

(Prior code § 10-2.284)

10.08.940 - Yard, rear.

"Rear yard" shall mean a required yard extending along the rear lot line (not street line) throughout the entire width of the lot.

(Prior code § 10-2.285)

"Side yard" shall mean an area extending from the rear line of the required front yard, or from the front lot line where no front yard is required, to the rear lot line, and lying between the side lot line and a line parallel thereto within the lot, and having a distance between such parallel lines equal to the required side yard width as prescribed in each zone. The width of the side yard shall be measured in the same manner as the depth of the front yard.

(Prior code § 10-2.286)

"Zoning district" shall mean a section or district restricted by law, as for residential, commercial, industrial, and the like.

(Prior code § 10-2.287)

Article 3. - Annexed Territory

10.08.970 - Classification of newly annexed territory.

(a)

Except as provided in subsection (b) of this section, any property which, for any reason, is not designated on the zoning map and classified in any of the zones established hereby, or any property in the process of

annexation, or annexed to or consolidated with the City subsequent to February 16, 1978, shall be deemed to be classified as a Low Density Residential (LDR) Zone until the same shall have been otherwise classified in the manner set forth in Article 29 of this chapter either prior to or subsequent to annexation.

(b)

The Council, upon the recommendation of the Commission, may temporarily classify the types of property defined in subsection (a) of this section into zones other than the LDR classification by the adoption of an emergency interim ordinance in order to protect the health, safety, and welfare of the City. Formal proceedings, however, shall be instituted within a reasonable length of time subsequent to the completion of the annexation proceedings in order to properly amend the provisions of this chapter in the manner set forth in Article 29 of this chapter, and the emergency interim ordinance shall be repealed.

(c)

Any territory lying outside the corporate limits of the City, but being adjacent to and within its sphere of influence, may be prezoned with a City zoning classification in accordance with the provisions of Article 29 of this chapter and in compliance with Section 65859 of the Planning and Zoning Law of the State. If any territory has been prezoned in such manner, the assigned zoning classification shall become effective at the same time the annexation of the territory becomes effective.

(Prior code § 10-2.301)

Article 4. - Establishment of Zones, the Boundaries Thereof, and Limiting the Uses of Land Thereon

In order to classify, regulate, restrict, and segregate the uses of land and buildings, to regulate and restrict the height and bulk of buildings, to regulate the area of yards and other open spaces about buildings, and to regulate the density of population, the following zones are hereby established:

(a)

Residential Estate Zone: RE;

(b)

Low Density Residential Zone: LDR;

(c)

Medium Density Cluster Zone: MDC;

(d)

Medium Density Residential Zone: MDR;

(e)

High Density Residential Zone: HDR;

(f)

Medical Office Zone: MO;

(g)

Professional Office and Medical Zone: POM;

(h)

Planned Unit Development Zone: PUD;

(i)

Residential Mobile Home Zone: RMH;

(j)

Community Shopping Center Zone: CS;

(k)

Neighborhood Shopping Zone: NS;

(l)

Central Business District Zone: CBD;

(m)

General Highway Commercial Zone: GHC;

(n)

Light Industrial Zone: M-1;

(o)

Heavy Industrial Zone: M-2;

(p)

Highway Service Zone: HS;

(q)

Agricultural Zone: A;

(r)

Airport Overlay Zone: AO;

(s)

Northeast Industrial Specific Plan Zone: NEI;

(t)

Cordes Ranch Specific Plan Zone: CRSP;

(u)

Tracy Hills Specific Plan Zone: THSP

(v)

Ellis Specific Plan Zone: ESP; and

(w)

Tracy Village Specific Plan Zone: TVSP.

(x)

Avenues Specific Plan Zone: ASP.

(Prior code § 10-2.401)

(Ord. No. 1174, § 3, 8-7-2012; Ord. No. 1187, § 1, 9-17-2013; Ord. No. 1212, § 2, 4-19-2016; Ord. No. 1252, § 2, 4-3-2018; Ord. No. 1256, § 2, 6-5-2018; Ord. No. 1262, § 2, 9-18-2018)

"More restrictive uses", as used in this chapter, shall mean the following:

(a)

Those uses first permitted in the RE Zone are the most restrictive.

(b)

Those uses first permitted in the M-2 Zone are the least restrictive.

(c)

All other uses are less restrictive than the uses first permitted in the RE Zone in the following sequence: LDR, MDC, MDR, HDR, RMH, CS, NS, CBD, HS, GHC, M-1, and M-2.

(Prior code § 10-2.402)

The location and boundaries of the various zones are as shown on the "Official Zoning Map of the City of Tracy", on file in the office of the Community Development Director. Said map and all notations, references, and other information shown thereon are hereby made a part of this chapter.

(Prior code § 10-2.403)

The zoning map, for convenience, may be divided into parts, and each such part, for the purposes of more readily identifying areas within such zoning map, may be subdivided into units, and each such part and unit may be separately employed for the purposes of amending the zoning map or for any official reference to the zoning map.

(Prior code § 10-2.404)

Changes in the boundaries of the zones shall be made by ordinance adopting an amended zoning map, or part of such map, or unit of a part of such zoning map, which amended maps, or part of units of parts, when so adopted, shall be published in the manner prescribed by law and become a part of this chapter.

(Prior code § 10-2.405)

Where uncertainty exists as to the boundary of any zone, the following rules shall apply:

(a)

Wherever the zone boundary is indicated as being approximately upon the center line of a street, alley, or block, or along a property line, then, unless otherwise definitely indicated on the map, the center line of such street, alley, block, or property line shall be construed to be the boundary of such zone.

(b)

Wherever such boundary line of such zone is indicated as being approximately at the line of any river, irrigation canal, or other waterway, or railroad right-of-way, public land, or any section line, then in such case the center of such stream, canal, waterway, or railroad right-of-way, or the boundary line of such public land or section line, shall be deemed to be the boundary of such zone.

(c)

Where the application of the rules set forth in this section does not clarify the zone boundary location, the Community Development Director or Commission shall interpret the map.

(Prior code § 10-2.406)

Except as otherwise provided in this chapter, no building shall be erected, reconstructed, or structurally altered, nor shall any building or land be used for any purpose, except as specifically provided in this chapter and allowed in the same zone in which such building or land is located.

(Prior code § 10-2.407)

Article 5. - Use Groups for All Zones

The table set forth in section 10.08.1080 of this article sets forth the use groups and the uses permitted in each class of residential, commercial, and industrial zone. The first column lists the zones in which a given use group is permitted. The second column lists the zones in which the given use group is permitted subject to obtaining a conditional use permit pursuant to the provisions of article 34 of this chapter. In those instances where the zone regulations list specific uses permitted without reference to a use group or groups, such specific uses listed shall supersede the provisions of this article.

If there is ambiguity or a conflict between activities designated in a use group versus the zoning district, the regulations of the zoning district prevail.

(Prior code § 10-2.500)

(Ord. No. 1177, § 6, 1-15-2013)

For the purposes of determining and regulating the use of land pursuant to this chapter, the classifications of uses are similar to those employed for land use information by Marion Clauson, with Charles L. Stewart, Resources for the Future, Inc., The Johns Hopkins Press, 1965, except when otherwise specifically set forth in this article or in Article 2 of this chapter.

(Prior code § 10-2.501)

Any use not authorized in a particular zone by this article as a regular principal use, conditional use, special use, or accessory use shall be prohibited until so authorized in the particular zone in accordance with the procedures and requirements of Article 23 of this chapter relative to uses not listed.

(Prior code § 10-2.502)

(1)

Use Group No. 1: Minor public service uses.

(1) Water and gas lines; (2) Electrical distribution lines (less than thirty-five (35)kv); and (3) Telephone and cable television lines; and (c) Noncommercial signs and appurtenances:

(c) Noncommercial signs and appurtenances: (1) Street directional signs; and (2) Signals and necessary poles.

(2)

Use Group No. 2: Local public service and utility installations.

(3)

Use Group No. 3: (Not used).

(4)

Use Group No. 4: Temporary buildings and uses.

(5)

Use Group No. 5: Mining and quarrying.

(6)

Use Group No. 6: (Not used).

(7)

Use Group No. 7: (Not used).

(8)

Use Group No. 8: (Not used).

(9)

Use Group No. 9: (Not used).

(10)

Use Group No. 10: Crop and tree farming.

(11)

Use Group No. 11: Specialty crops.

(12)

Use Group No. 12: Animal, poultry, and fish farming, including breeding, raising, and maintaining.

(13)

Use Group No. 13: Animal and poultry farming, including breeding, raising, and maintaining.

(14)

Use Group No. 14: Hog and fur bearing animal farming, including breeding, raising, and maintaining.

(15)

Use Group No. 15: Agricultural processing and sales and special services.

(d) Stands for sales at retail of products grown on the premises; and

(e) Weighing stations.

(16)

Use Group No. 16: (Not used).

(17)

Use Group No. 17: (Not used).

(18)

Use Group No. 18: (Not used).

(19)

Use Group 19: Agricultural accessory buildings and uses.

(20)

Use group No. 20: Living accommodations, agricultural.

(21)

Use Group No. 21: Single-family uses.

(21.1)

Use Group No. 21.1: Manufactured and factory-built housing.

(22)

Use Group No. 22: Two-family uses.

(a) Two-family dwelling (detached or otherwise).

(23)

Use Group No. 23: Multi-family uses.

(c) Nonprofit membership organizations with residential accommodations for members only.

(24)

Use Group No. 24: High density multi-family uses:

(25)

Use Group No. 25: Institutional uses with residential accommodations.

(b) Homes for the aged; and

(c) Rooming houses.

(26)

Use Group No. 26: Educational and institutional uses with residential accommodations.

(27)

Use Group No. 27: Residential planned unit developments.

(c) Necessary service installations; (d) Shopping centers or commercial services designed to serve the residents of the development; (e) Office buildings for administrative, clerical, or accounting or business research organizations; and (f) Residential condominiums.

(28)

Use Group No. 28: Household pets and small animals.

(29)

Use Group No. 29: Accessory uses.

• The uses in this Use Group specifically exclude: real estate offices, commercial photo studios, beauty parlors, barber shops, or any similar service enterprise and music schools, dancing schools, business schools, or other school of any kind with organized classes or similar activity. Local public service and utility installations.

(30)

Use Group No. 30: Educational, cultural, institutional, and recreational uses serving local residential areas.

(31)

Use Group No. 31: Educational, cultural, institutional, and recreational uses serving the greater community.

(32)

Use Group No. 32: Educational and institutional uses with special locational requirements.

(33)

Use Group No. 33: Specialized recreational and instructional uses in dance, athletics, arts and self defense.

(34) Use Group No. 34: (Not used). (35) Use Group No. 35: (Not used). (36) Use Group No. 36: (Not used). (37) Use Group No. 37: (Not used). (38)

Use Group No. 38: (Not used). (39)

Use Group No. 39: Mobile home parks.

(40)

Use Group No. 40: Traveler's accommodations and services.

(41)

Use Group No. 41: Business Offices and professional offices and laboratories.

(42)

Use Group No. 42: Consumer service and retail trade.

(43)

Use Groups No. 43; Consumer service and retail trade (shopping and services).

(44)

Use Group No. 44: Consumer service and retail trade (goods and services).

(1) Hardware; (2) Paint, glass, and wallpaper; and (3) Sales rooms for other building materials; (d) Catering establishments; and (e) Miscellaneous repair services, including only establishments engaged in repairing and servicing household and business equipment, machines, and furnishings.

(45)

Use Group No. 45: General consumer and business services.

(46)

Use Group No. 46: Special retail trade and consumer service establishments.

(b) Automotive dealers and service stations, excluding auto wrecking and salvage; (c) Automotive repairs, services, and garages, excluding: (1) Body repair shops; (2) Motor rebuilding; (3) Paint shops; (4) Tire recapping and retreading; and (5) Truck repairs; (d) Building materials and hardware stores (lumber yards); (e) Carpentry shops or custom woodworking or custom furniture; (f) Food lockers, rentals for individual households; and (g) Miscellaneous retail stores.

(47)

Use Group No. 47: Special business, consumer, and miscellaneous repair services.

(48)

Use Group No. 48: Commercial amusement and entertainment establishments.

M-1 HS

Commercial amusement and entertainment establishments (requiring large sites and/or generating large traffic volumes)

(a) Amusement parks, unlimited capacity; (b) Arenas, auditoriums, and stadiums, unlimited capacity; (c) Drive-in theaters; (d) Miniature golf courses; (e) Skating rinks, ice and roller, unlimited spectator capacity; (f) Tennis courts, outdoor, commercial; and

(49)

Use Group No. 49: Commercial amusement and entertainment establishments.

(50)

Farm equipment sales and services.

(b) Dairy supplies and repairs; (c) Farm implements, sales or rentals; and (d) Farm supplies and equipment repairs.

(51)

Use Group No. 51: Wholesale trade establishments.

(52)

Use Group No. 52: Contract construction.

(53)

Use Group No. 53: Warehousing and storage.

Permitted Conditionally in Zones Permitted

(54)

Use Group No. 54: Small recycling collection facilities.

circulation or be in violation of the review approval;

(5) Shall be constructed and maintained with durable waterproof and rustproof materials and shall be covered; (6) Shall be clearly marked to identify the type of material to be deposited; (7) The sign area shall be a maximum of four (4) square feet, and signs shall be attached to the machines and not project out; and (8) Shall submit noise specifications for all equipment used, not to exceed ninety (90) dBA.

(55)

Use Group No. 55: Adult businesses.

(56)

Use Group No. 56: (Not used).

(57)

Use Group No. 57: (Not used).

(58)

Use Group No. 58: (Not used).

(59)

Use Group No. 59: (Not used).

(60)

Use Group No. 60: Manufacturing uses, light.

Permitted Conditionally in Zones Permitted in Zones

(61)

Use Group No. 61: Manufacturing uses, intermediate.

(62)

Use Group No. 62: Manufacturing uses, heavy.

(ad) Salt works; (ae) Soap manufacture; (af) Soda and compound manufacture; (ag) Stone mills; (ah) Stove and shoe polish manufacture; (ai) Tar distillation or tar products manufacture; (aj) Wool pulling or scouring; and (ak) Accessory uses and building customarily incidental to the uses set forth in this subsection.

(63)

Use Group No. 63: Manufacturing uses, very heavy.

(Ord. 1050 § 1, 2003; Ord. 1004 § 2, 1999; Ord. 982 § 5, 1998; prior code § 10-2.503)

(Ord. No. 1171, § 3, 6-19-2012; Ord. No. 1177, §§ 7, 8, 1-15-2013; Ord. No. 1202, Exh. A § 12, 12-1-2015; Ord. No. 1202, Exh. A § 18, 12-1-2015; Ord. No. 1254, § 5, 5-1-2018; Ord. No. 1354, § 5, 3-18-2025)

Article 6. - Residential Estate Zone (RE)

The Residential Estate (RE) Zone classification will provide an area in the City which will be characterized by open space and very low density development.

(Prior code § 10-2.600)

(a)

Only uses which are included in the following Use Groups shall be permitted without conditional approval in the RE Zone:

(b)

The following conditional uses shall be permitted in the RE Zone subject to the granting of a use permit as provided in Sections 10.08.4250 through 10.08.4420 of Article 34 of this chapter;

(1)

Mobile home parks and mobile home park subdivisions;

(2)

Off-street parking to serve adjacent commercial and office uses;

(3)

Churches and church-related uses;

(4)

Educational, cultural, institutional, and recreational uses;

(5)

Private schools, nursery schools, and day care centers;

(6)

Hospitals, convalescent hospitals, rest homes, and nursing homes;

(7)

Board and care facilities; and

(8)

Those uses permitted in Use Group 2.

(Prior code § 10-2.601)

(Ord. No. 1202, Exh. A § 13, 12-1-2015; Ord. No. 1254, § 5, 5-1-2018)

10.08.1110 - Building site area and lot width (RE).

The building site area and lot width requirements in the RE Zone shall be as follows:

(a)

The minimum required site area shall be not less than 15,000 square feet.

(b)

The average lot size for the entire subdivision shall be not less than 20,000 square feet.

(c)

The aggregate total zoning area shall be a minimum of twenty (20) acres.

(d)

The minimum lot width of all lots shall be seventy-five (75') feet with a 100 foot average for lots created within a subdivision, excepting cul-de-sac lots which shall have a required minimum frontage of seventyfive (75') feet, measured thirty (30') feet back from the property line.

(Prior code § 10-2.602)

Minimum yards in the RE Zone shall be as follows:

(a)

Front yards. The minimum depth of the front yard shall be fifty (50') feet measured in accordance with the provisions of Section 10.08.3220 of Article 24 of this chapter.

(b)

Side yards. The minimum side yard for any single story main or accessory building shall be twenty (20') feet. The minimum side yard shall be increased by five (5') feet for each story above one story. Accessory buildings which are at least six (6') feet to the rear of the main building may be located in the required side yard but shall have a minimum side yard of three (3') feet, except that no accessory building shall be located closer than thirty (30') feet to a dwelling on an adjacent lot, and one clear ten (10') foot wide side yard shall be maintained for the full length of the lot. Corner lot street side yards shall be not less than thirty (30') feet.

(c)

Rear yards. The minimum rear yard for any main or accessory building shall be thirty (30') feet, except that accessory buildings located at least six (6') feet to the rear of the main building may be located three (3') feet from the rear property line; provided, however, no accessory building may be located closer than thirty (30') feet to a dwelling on an adjacent lot.

(Prior code § 10-2.603).

No building or structure in the RE Zone shall be erected to a height greater than two and one-half (2½) stories or thirty-five (35') feet, whichever is less.

(Prior code § 10-2.604)

The maximum area of lots in the RE Zone to be covered by buildings, including accessory buildings, shall be thirty (30%) percent.

(Prior code § 10-2.605)

The minimum floor area of a single-family structure in the RE Zone shall be 1,500 square feet, excluding garages, attached or unattached, and accessory structures.

(Prior code § 10-2.606)

Minimum off-street parking space requirements for each lot in the RE Zone shall be three (3) spaces.

(Prior code § 10-2.607)

The following special provisions shall apply in the RE Zone:

(a)

Carports or garages, attached or unattached, shall be located to facilitate the dwelling design and site access but in no case shall encroach into the required front setback. All driveways and parking areas shall be paved according to specifications established by the City Engineer.

(b)

Street trees shall be as per City standards: a minimum of three (3) trees per parcel planted in a cluster or reasonably spaced across the width of the front yard.

(c)

Mobile homes may only be located and occupied while a residence is under construction as provided in subsection (f) of Section 10.08.3140 of Article 23 of this chapter. All travel trailers, campers with shells, recreation vehicles, and similar vehicles shall only be stored in the rear yard and shall be screened by sightobscuring fencing or landscaping from the view of any street adjacent to the lot.

(Prior code § 10-2.608)

All uses requiring a building permit, other than one single-family residential use, shall obtain development review compliance, except as provided for in Article 30 of this chapter and the CEQA Guidelines adopted by the City, prior to being established in the RE Zone.

(Prior code § 10-2.609)

Article 7. - Low Density Residential Zone (LDR)

The Low Density Residential (LDR) Zone is intended to be utilized in the areas designated low-medium density residential with a density range of two and no/tenths (2.0) to five and eight-tenths (5.8) dwelling units per gross acre by the General Plan.

(Prior code § 10-2.700)

(a)

The following uses shall be permitted in the LDR Zone:

(1)

Single-family dwelling; Accessory dwelling unit, subject to TMC section 10.08.3180;

(2)

Mobile home on an individual lot;

(3)

Crop and tree farming; and

(4)

Public park, building or school.

(b)

The following conditional uses shall be permitted in the LDR Zone subject to the granting of a use permit as provided in sections 10.08.4250 through 10.08.4420 of Article 34 of this chapter:

(1)

Mobile home park or mobile home park subdivision;

(2)

(Not used);

(3)

Off-street parking to serve an adjacent commercial or office use;

(4)

Church and church-related use;

(5)

Educational, cultural, institutional or recreational use;

(6)

Private school, nursery school or day care center;

(7)

Hospital, convalescent hospital or rest and nursing home;

(8)

Board and care facility;

(9)

Planned residential development of single-family dwellings on an individual lot; and

(10)

Mortuary.

(Prior code § 10-2.701)

(Ord. No. 1202, Exh. A § 14, 12-1-2015; Ord. No. 1254, § 5, 5-1-2018)

10.08.1210 - Lot area and width (LDR).

The following lot area and width requirements shall apply in the LDR Zone:

(a)

The minimum lot area shall be 5,600 square feet.

(b)

The minimum lot width shall be fifty-six (56') feet; provided, however, lots on cul-de-sacs or knuckles shall have a minimum frontage of forty-five (45') feet at the front lot line.

(c)

The minimum lot depth shall be ninety (90') feet.

(d)

The requirements set forth in this section may be increased for conditional uses.

(e)

The requirements for a minimum frontage of .45 feet on cul-de-sacs and knuckles (b) above shall not apply to projects having approved tentative subdivision maps and/or approved development review applications prior to the first reading of the ordinance codified in this section. Such projects shall provide a minimum frontage on cul-de-sacs and knuckles of thirty-five (35') feet and a width at the twenty (20') foot building line of at least forty-five (45') feet.

(Prior code § 10-2.702)

The following minimum yards shall be required in the LDR Zone.

(a)

Front: At least fifteen (15') feet to at least twenty (20') feet, including garage structure from the existing or planned sidewalk with at least a two (2) foot differential between neighboring main buildings. Garage setbacks fifteen (15') feet to eighteen (18') feet from the property line shall have roll-up doors;

(b)

Side:

(1)

For lots situated in the area described by the 84-1 Residential Areas Specific Plan adopted by the City Council on June 2, 1987, and for lots created after the effective date of the ordinance codified in this section the minimum side yards shall be as follows:

(i)

Interior lots: Ten (10') feet on one side: four (4') feet on the other side. A minimum distance of fourteen (14') feet shall be provided between neighboring main buildings. Lots recorded prior to June 1, 1965, and less than sixty (60') feet wide may utilize five (5') foot side yards;

(ii)

Corner lots: Four (4') feet on the interior side with no four (4') foot side yard abutting a four (4') foot side yard of an adjacent lot; a minimum distance of fourteen (14') feet between neighboring main building with ten (10') feet on the street side; provided, however, fifteen (15') feet shall be required on reverse corner lots;

(iii)

Detached accessory buildings on the rear one-third (⅓) of the lot or seventy (70') feet from the front property line may be located in a required side yard other than a street side yard;

(2)

Minimum side yards for lots created before the effective date of the ordinance codified in this section and outside the boundaries of the 84-1 Residential Areas Specific Plan shall be:

(i)

Interior lots: Ten (10') feet on one side; three (3') feet on the other side. Lot recorded prior to June 1, 1965, and less than sixty (60') feet wide may utilize five (5) foot side yards;

(ii)

Corner lots. Three (3') feet on the interior side; ten (10') feet on the street side; provided, however, fifteen (15') feet shall be required on reverse corner lots; and

(iii)

Detached accessory buildings on the rear one-third (⅓) of the lot or seventy (70') feet from the front property line may be located in a required side yard other than a street side yard;

(c)

Rear: An average of fifteen (15') feet and a minimum of ten (10') feet, except detached accessory building which may be located in a required rear yard, and at least eight hundred forty (840') square feet of open

space in the rear yard;

(d)

Distance between buildings: Six (6') feet between accessory buildings and between an accessory and main building: and the minimum distance between main buildings shall be ten (10') feet;

(e)

Those projects having approved Development Review and/or Tentative Subdivision Map applications prior to the first reading of the ordinance codified in this section shall be exempt from the standard. In (C) above, said projects shall maintain a minimum rear yard of ten (10') feet except detached accessory buildings which may be located in the required rear yard.

(Prior code § 10-2.703)

The maximum height in the LDR Zone shall be two and one-half (2½) stories or thirty-five (35') feet, whichever is less; provided, however, any residence exceeding two (2) stories in height shall have all windows above the second story facing the street frontage.

(Prior code § 10-2.704)

The maximum aggregate coverage of all buildings in the LDR Zone shall not exceed forty-five (45%) percent of the lot.

(Prior code § 10-2.705)

Off-street parking in the LDR Zone shall be provided as required by Article 26 of this chapter. In addition, at least one space shall be provided at a location on the lot which meets all of the yard and coverage requirements for a garage.

(Prior code § 10-2.706)

Development approval for all uses, buildings, structures, and site development in the LDR Zone, except a single-family residence and accessory structures on a single lot, shall be required as provided in Article 30 of this chapter.

(Prior code § 10-2.707)

Article 8. - Medium Density Cluster Zone (MDC)

10.08.1270 - Purpose (MDC).

The Medium Density Cluster (MDC) Zone classification is designed to provide for single- and two-family dwellings, dwelling groups, and supporting uses and to be utilized in appropriate locations within the areas designated medium density residential with a density range of five and nine-tenths (5.9) to twelve and no/tenths (12.0) dwelling units per gross acre by the General Plan.

(Prior code § 10-2.800)

(a)

The following uses shall be permitted in the MDC Zone:

(1)

Single-family, two-family, or three-family dwelling or dwelling group composed of such dwellings; Accessory dwelling unit, subject to TMC section 10.08.3180;

(2)

Boarding and rooming house;

(3)

Emergency homeless shelter, subject to TMC section 10.08.3197;

(4)

Crop and tree farming;

(5)

Public park, building or school; and

(6)

Accessory use or structure as provided in section 10.08.1080 of Article 5 of this chapter.

(b)

The following conditional uses shall be permitted in the MDC Zone subject to the granting of a use permit as provided in sections 10.08.4250 through 10.08.4420 of Article 34 of this chapter:

(1)

Mobile home park or mobile home park subdivision;

(2)

Condominium or planned residential development of one- and two-family dwellings;

(3)

(Not used);

(4)

Off-street parking to serve an adjacent commercial or office use;

(5)

Church and church related use;

(6)

Educational, cultural, institutional or recreational use;

(7)

Private school, nursery school or day care center;

(8)

Hospital, convalescent hospital, rest home or nursing home;

(9)

Board and care facility;

(10)

Mortuary; and

(11)

Single-Room Occupancy Facility ("SROs"), subject to TMC section 10.08.3197.

(Prior code § 10-2.801)

(Ord. No. 1202, Exh. A § 15, 12-1-2015; Ord. No. 1254, § 5, 5-1-2018)

10.08.1290 - Lot area and width (MDC).

The following lot area and width requirements shall apply in the MDC Zone:

(a)

The minimum lot area shall be 3,500 square feet.

(b)

The minimum lot width shall be forty-five (45') feet at the front lot line, including cul-de-sacs and knuckles; except where the driveway to the lot is from an alley and there is no curb cut for a driveway along the front lot line in which event a minimum of thirty-five (35') foot frontage at the front lot line shall be allowed.

(c)

The requirement for a minimum frontage of forty-five (45') feet on all MDC lots as described in (b) above shall not apply to projects having approved tentative subdivision maps and/or approved Development Review applications prior to the first reading of the ordinance codified in this section. Such projects shall provide a minimum frontage of thirty-five (35') feet and the corner lot width shall be at least forty (40') feet; provided, however, lots on cul-de-sacs or knuckles shall have a minimum frontage of at least twenty-five (25') feet and a width at a twenty (20') foot building line of at least thirty (30') feet.

(Prior code § 10-2.802)

There shall be at least 3,500 square feet of net lot area for each dwelling unit in the MDC Zone.

(Prior code § 10-2.803)

The following minimum yards shall be required in the MDC Zone:

(a)

Front:

(1)

For lots created on or after July 7, 2016, the minimum front yard shall be ten (10') feet, except for the garage door, which shall be setback a minimum of twenty (20') feet;

(2)

For lots created before July 7, 2016, the minimum front yard shall be at least fifteen (15') feet to at least twenty (20') feet, including garage structure from the existing or planned sidewalk with at least a two (2') foot differential between neighboring main buildings. Garage setbacks fifteen (15') feet to eighteen (18') feet from the property line shall have roll-up doors;

(b)

Side:

(1)

Interior lots: Seven (7') feet on one side and four (4') feet on the other with a minimum distance of eleven (11') feet between neighboring main buildings;

(2)

Corner lots: Ten (10') feet on the street side and four (4') feet on the interior side; with no four (4') foot side yard abutting another four (4') foot side yard with a minimum distance of eleven (11') feet between neighboring main buildings;

(3)

Interior lots ten (10') feet on one side with zero (0') feet on interior side. On corner lots the ten (10') foot side yard shall be on the street side;

(c)

Rear:

(1)

For lots created on or after July 7, 2016, the minimum rear yard shall be ten (10') feet with at least 450 square feet of open space in the rear yard;

(2)

For lots created before July 7, 2016, the minimum rear yard shall be ten (10') feet with an average distance of fifteen (15') feet and at least six hundred seventy-five (675') square feet of open space in the rear yard;

(d)

Distance between buildings: Six (6') feet between accessory buildings and between an accessory and main building; and the minimum distance between main buildings shall be the average height of the two main buildings;

(e)

Accessory buildings not exceeding one-story in height may be located in any required rear or interior side yard provided they are on the rear one-half (½) of the lot or at least sixty (60') feet from the front property line;

(f)

The requirements for side (b) and rear (c) yards described above shall not apply to projects having an approved Development Review and/or Tentative Subdivision Map application prior to October 3, 1989. Such projects shall provide a side yard area of seven (7') feet on one side and three (3') feet on the other side, with a rear yard setback of ten (10') feet.

(Prior code § 10-2.804)

(Ord. No. 1218, § 1, 6-7-2016)

The maximum height in the MDC Zone shall be two and one-half (2½) stories or thirty-five (35') feet, whichever is less. Second story elevations facing the street shall have windows or other significant architectural features.

(Prior code § 10-2.805)

The maximum coverage of all buildings in the MDC Zone shall not exceed forty-five (45%) percent of the net lot area.

No garage shall exceed one-half (½) of the lot width unless the driveway enters from an alley.

Those projects having approved development review and/or tentative subdivision map applications prior to the first reading of the ordinance codified in this section shall be exempt from the above standards. Said projects shall not require single-family residential to be subject to Development Review.

(Prior code § 10-2.806)

Off-street parking in the MDC Zone shall be provided as required by Article 26 of this chapter.

(Prior code § 10-2.807)

Development approval of all uses, buildings, and site development in the MDC Zone requiring a building permit shall be required as provided in Article 30 of this chapter.

Those projects having approved development review and/or tentative subdivision map applications prior to the first reading of the ordinance codified in this section shall be exempt from the above standards. Said projects shall comply with the standards of the provisions in effect before the effective date of the ordinance codified in this section.

(Prior code § 10-2.808)

Design of new lots abutting an RE Zone shall be such that each RE lot has two or less neighboring lots for every 100 feet of frontage of the RE lot and no street shall abut the RE Zone lots. Such lots shall be separated by a fence with a two (2') foot high masonry base, with a five (5') foot high wood top, for a total height of seven (7') feet along the RE Zone. Said durable fence shall also be on any borders of a school and or park with an RE Zone.

Those projects having approved development review and/or tentative subdivision map applications prior to the first reading of the ordinance codified in this section shall be exempt from the above standards. Said projects shall comply with the standards of the provisions in effect before the effective date of the ordinance codified in this section.

(Prior code § 10-2.809)

At least one and one-half (1½) on-street parking space shall be provided per dwelling unit. Said parking spaces shall be located on the same street as that which the dwelling unit it is intended to provide parking for is located.

Those projects having approved development review and/or tentative subdivision map applications prior to the first reading of the ordinance codified in this section shall be exempt from the above standards. Said project shall comply with the standards of the provisions in effect before the effective date of the ordinance codified in this section.

(Prior code § 10-2.810)

Article 9. - Medium Density Residential Zone (MDR)

The Medium Density Residential (MDR) Zone is designed to provide for apartments, multiple-family dwellings, dwelling groups, and supporting uses and to be utilized in appropriate locations within the areas designated medium-density residential with a density range of five and nine-tenths (5.9) to twelve and no/tenths (12.0) dwelling units per gross acre by the General Plan.

(Prior code § 10-2.900)

(a)

The following uses shall be permitted in the MDR Zone:

(1)

Single-family, two-family, or multiple-family dwelling, dwelling group, or apartment house; Accessory dwelling unit, subject to TMC section 10.08.3180;

(2)

Boarding and rooming house;

(3)

Emergency homeless shelter, subject to TMC section 10.08.3197;

(4)

Single-Room Occupancy Facility ("SROs"), subject to TMC section 10.08.3197;

(5)

Crop and tree farming;

(6)

Public park, building, or school; and

(7)

Accessory use as provided in section 10.08.1080 of Article 5 of this chapter.

(b)

The following conditional uses shall be permitted in the MDR Zone subject to the granting of a use permit as provided in sections 10.08.4250 through 10.08.4420 of Article 34 of this chapter:

(1)

Mobile home park or mobile home park subdivision;

(2)

Condominium or planned residential development;

(3)

(Not used);

(4)

Off-street parking to serve an adjacent commercial or office use;

(5)

Church and church-related use;

(6)

Educational, cultural, institutional or recreational use;

(7)

Private school, nursery school or day care center;

(8)

Hospital, convalescent hospital or rest and nursing home;

(9)

Board and care facility; and

(10)

Mortuary.

(Prior code § 10-2.901)

(Ord. No. 1202, Exh. A § 16, 12-1-2015; Ord. No. 1254, § 5, 5-1-2018)

10.08.1400 - Lot area and width (MDR).

The following lot area and width requirements shall apply in the MDR Zone:

(a)

The minimum lot area shall be 6,000 square feet.

(b)

The minimum lot width shall be sixty (60') feet; provided, however, lots on cul-de-sacs or knuckles shall have a minimum frontage of at least thirty-five (35') feet and a width at the twenty (20') foot building line of at least forty-five (45') feet.

(c)

The requirements set forth in this section may be increased or decreased for conditional uses.

(Prior code § 10-2.902)

There shall be at least 2,900 square feet of net lot area for each dwelling unit in the MDR Zone.

(Prior code § 10-2.903)

The following minimum yards shall be required in the MDR Zone:

(a)

Front: Fifteen (15') feet, except garage structures which shall be twenty (20') feet;

(b)

Side:

(1)

Interior lots: Ten (10') feet on one side; three (3') feet on the other side. Lots recorded prior to June 1, 1965, and less than sixty (60') feet wide may utilize five (5') foot side yards;

(2)

Corner lots: Three (3') feet on the interior side; ten (10') feet on the street side; provided, however, fifteen (15') feet shall be required on reverse corner lots; and

(3)

Detached accessory buildings on the rear one-third (⅓) of the lot or seventy (70') feet from the front property line may be located in a required side yard other than a street side yard;

(c)

Rear: Ten (10') feet, except detached accessory buildings which may be located in a required rear yard; and

(d)

Distance between buildings: Six (6') feet between accessory buildings and between an accessory and a main building; and the minimum distance between main buildings shall be the average height of the two (2) main buildings.

(Prior code § 10-2.904)

The maximum height in the MDR Zone shall be two and one-half (2½) stories or thirty-five (35') feet, whichever is less.

(Prior code § 10-2.905)

10.08.1440 - Lot coverage (MDR).

The maximum aggregate coverage of all buildings in the MDR Zone shall not exceed forty-five (45%) percent of the lot.

(Prior code § 10-2.906)

10.08.1450 - Usable open space (MDR).

Residential uses in the MDR Zone shall provide minimum usable open space of 100 square feet for each of the first ten (10) dwelling units, fifty (50) square feet for each of the second ten (10) units, and twenty-five (25) square feet for each unit in excess of twenty (20).

For the purposes of this section, "usable open space" shall mean an on-site ground level area, not less than twenty (20') feet in width, of lawn, pool, or garden courts with concrete paving accessible to all dwelling units via a walk, path, or stairway easily used and intended to be used by pedestrians. The space shall not include the required front yard or street side yard, off-street parking, driveways, or service areas. There shall be no obstruction above the space, except for devices to enhance the usability of the space.

(Prior code § 10-2.907)

10.08.1460 - Off-street parking (MDR).

Off-street parking in the MDR Zone shall be provided as required by Article 26 of this chapter.

(Prior code § 10-2.908)

10.08.1470 - Development review (MDR).

Development approval for all uses, buildings, structures, and site development in the MDR Zone, except a single- or two-family residence and accessory structures on a single lot, shall be required as provided in Article 30 of this chapter.

(Prior code § 10-2.909)

Article 9.5 - Small Lot Residential Zone (SLR)

The Small Lot Residential (SLR) Zone classification is designed to provide for single- family dwellings, twofamily dwellings, and multiple-family dwellings on small lots, and to be utilized in appropriate locations within the areas designated Residential Medium with a density range of five and nine tenths (5.9) to twelve (12) dwelling units per gross acre or Residential High with a density range of twelve and one tenth (12.1) to twenty- five (25) dwelling units per gross acre by the General Plan.

(Ord. No. 1361, § 3(Exh. 1), 9-2-2025)

(a)

The following uses shall be permitted in the SLR Zone:

(1)

Single-family, two-family, or multiple-family dwelling; Accessory dwelling unit, subject to TMC section 10.08.3180;

(2)

Boarding and rooming house;

(3)

Emergency homeless shelter, subject to TMC section 10.08.3197;

(4)

Single-Room Occupancy Facility ("SROs"), subject to TMC section 10.08.3197;

(5)

Crop and tree farming;

(6)

Public park, building or school; and

(7)

Accessory use or structure as provided in section 10.08.1080 of Article 5 of this chapter.

(b)

The following conditional uses shall be permitted in the SLR Zone subject to the granting of a use permit as provided in sections 10.08.4250 through 10.08.4420 of Article 34 of this chapter:

(1)

Mobile home park or mobile home park subdivision;

(2)

Condominium or planned residential development;

(3)

Church and church related use;

(4)

Educational, cultural, institutional or recreational use;

(5)

Private school, nursery school or day care center;

(6)

Board and care facility;

(7)

Hospital, convalescent hospital, rest home or nursing home; and

(8)

Mortuary.

(Ord. No. 1361, § 3(Exh. 1), 9-2-2025)

The following lot area and width requirements shall apply in the SLR Zone:

(a)

The minimum lot area shall be 1,400 square feet.

(b)

The minimum lot width shall be twenty-five (25') feet. Lots may be created with access provided by a private court or lane. For such cases where a lot fronts onto a private court or lane, rather than a public street, the property line dividing the lot from the private court or lane shall be the front lot line.

(c)

The requirements set forth in this section may be increased or decreased for conditional uses.

(Ord. No. 1361, § 3(Exh. 1), 9-2-2025)

There shall be at least 1,400 square feet of net lot area for each dwelling unit in the SLR Zone.

(Ord. No. 1361, § 3(Exh. 1), 9-2-2025)

10.08.1475 - Minimum yards (SLR).

The following minimum yards shall be required in the SLR Zone:

(a)

Front: Three (3') feet, including setback to garage;

(b)

Side: Three (3') feet, except that the minimum side yard shall be zero for attached dwellings, and the street side yard on a corner lot shall be five (5') feet minimum;

(c)

Rear: Three (3') feet.

(d)

Distance between buildings: Six (6') feet.

(e)

Detached accessory buildings shall meet the minimum distance between buildings and the minimum yards of the SLR Zone.

(Ord. No. 1361, § 3(Exh. 1), 9-2-2025)

The maximum height in the SLR Zone shall be three stories or forty (40') feet, whichever is less.

(Ord. No. 1361, § 3(Exh. 1), 9-2-2025)

The maximum aggregate coverage of all buildings in the SLR Zone shall not exceed seventy-five (75%) percent of the lot.

(Ord. No. 1361, § 3(Exh. 1), 9-2-2025)

All single-family, two-family, and multiple-family dwellings in the SLR Zone shall provide off-street parking that meets the minimum requirements in Article 26 of this chapter for single-family residential.

(Ord. No. 1361, § 3(Exh. 1), 9-2-2025)

Development approval of all uses, buildings, and site development in the SLR Zone shall be required as provided in Article 30 of this chapter.

(Ord. No. 1361, § 3(Exh. 1), 9-2-2025)

Article 10. - Medical Office Zone (MO)

The Medical Office (MO) Zone specialized classification is designed to provide for a concentration of medical, health care, and supporting uses and facilities consistent with the General Plan policies and map.

(Prior code § 10-2.1000)

(a)

The following uses shall be permitted in the MO Zone:

(1)

Hospitals, convalescent hospitals, nursing homes, and rest homes;

(2)

Medical, mental health, and dental offices and clinics;

(3)

Medical and dental laboratories;

(4)

Opticians, dispensing;

(5)

Physical and occupational therapy offices and clinics;

(6)

Orthopedic and prosthetic appliance dispensing;

(7)

Health care offices and health care professional registries; and

(8)

Accessory uses and structures.

(b)

The following conditional uses shall be permitted in the MO Zone subject to the granting of a use permit as provided in Sections 10-2.3401 through 10-2.3418 of Article 34 of this chapter:

(1)

Pharmacies, dispensing;

(2)

Ambulance services;

(3)

Health care equipment rentals and sales;

(4)

Places of public assembly such as educational, cultural, institutional, religious, and recreational uses serving local residential areas, excluding uses that are classified within Use Group No. 48; and

(5)

Schools, public and private.

(Ord. 1050 § 2, 2003; prior code § 10-2.1001) 10.08.1490

The following lot area and width requirements shall apply in the MO Zone:

(a)

The minimum lot area shall be 6,000 square feet. (b) The minimum lot width shall be sixty (60') feet·

(c)

All newly created lots along major arterial streets shall have a minimum frontage along the arterial for each 150 feet. There shall be a maximum of one access driveway to the arterial for each 150 feet of frontage on the arterial street.

(d)

Where an existing lot has less than 150 feet frontage on an arterial street, its development plan shall indicate the joint use of a common driveway used by adjoining property or otherwise more closely

approximate the standard of one access point for each 150 feet of an arterial street.

(Prior code § 10-2.1002)

10.08.1510 - Minimum yards (MO).

The following minimum yards shall be required in the MO Zone:

(a)

Front: Ten (10') feet;

(b)

Street side yard: Ten (10') feet;

(c)

Interior side yard and rear yard: no requirement, except when adjoining a residential zone, in which case ten (10') feet shall be required;

(d)

Such yards shall be increased by four (4') feet for every story or ten (10') feet in height, whichever is less, for buildings exceeding a height of two (2) stories or thirty (30') feet, whichever is less, when appropriate; and

(e)

Accessory buildings not exceeding one story in height may be located in any required rear or interior side yard provided they are on the rear one-half of the lot or are at least sixty (60') feet from the front property line.

(Prior code § 10-2.1003)

There shall be no height limit in the MO Zone, except for structures bordering the Medical Office Zone and adjacent to a Low Density Residential Zone or Medium Density Residential Zone, in which case structures shall not have a height greater than thirty-five (35') feet when within fifty (50') feet of a neighboring residential zone.

(Prior code § 10-2.1004)

The minimum coverage of all buildings, except covered parking structures, in the MO Zone shall not exceed fifty (50%) percent of the lot.

(Prior code § 10-2.1005)

Required front yards and a minimum of five (5') feet of the required street side yards in the MO Zone shall be landscaped for their full depth with the exception of necessary ways and driveways, and, in addition, at least ten (10%) percent of the lot shall be landscaped.

(Prior code § 10-2.1006)

Off-street parking in the MO Zone shall be provided as required by Article 26 of this chapter.

(Prior code § 10-2.1007)

Development approval for all uses, buildings, structures, and site development in the MO Zone shall be required as provided in Article 30 of this chapter.

(Prior code § 10-2.1008)

Article 11. - High Density Residential Zone (HDR)

The High Density Residential (HDR) Zone classification is designed to provide for apartments, multiplefamily dwellings, dwelling groups, and supporting uses and to be utilized in appropriate locations within the areas designated high-medium density residential with a density range of twelve (12) to twenty-five (25) dwelling units per gross acre by the General Plan.

(Prior code § 10-2.1100)

10.08.1580 - Permitted uses (HDR).

(a)

The following uses shall be permitted in the HDR Zone:

(1)

Single-family, two-family, or multiple-family dwelling, dwelling group, or apartment house; Accessory dwelling unit, subject to TMC section 10.08.3180;

(2)

Boarding and rooming house;

(3)

Emergency homeless shelter, subject to TMC section 10.08.3197;

(4)

Single-Room Occupancy Facility ("SROs"), subject to TMC section 10.08.3197

(5)

Crop and tree farming;

(6)

Public park, building or school; and

(7)

Accessory use as provided in section 10.08.1080 of Article 5 of this chapter.

(b)

The following conditional uses shall be permitted in the HDR Zone subject to the granting of a use permit as provided in sections 10.08.4250 through 10.08.4420 of Article 34 of this chapter:

(1)

Mobile home park or mobile home park subdivision;

(2)

Condominium or planned residential development;

(3)

(Not used);

(4)

Off-street parking to serve an adjacent commercial or office use;

(5)

Church and church-related use;

(6)

Educational, cultural, institutional or recreational use;

(7)

Private school, nursery school or day care center;

(8)

Board and care facility;

(9)

Hospital, convalescent hospital, rest home or nursing home; and

(10)

Mortuary.

(Prior code § 10-2.1101)

(Ord. No. 1202, Exh. A § 17, 12-1-2015; Ord. No. 1254, § 5, 5-1-2018)

The following lot area and width requirements shall apply in the HDR Zone:

(a)

The minimum lot area shall be 6,000 square feet.

(b)

The minimum lot width shall be sixty (60') feet; provided, however, lots on cul-de-sacs or knuckles shall have a minimum frontage of at least thirty-five (35') feet and a width at the twenty (20') foot building line of at least forty-five (45') feet.

(c)

The requirements set forth in this section may be increased or decreased for conditional uses.

(Prior code § 10-2.1102)

10.08.1600 - Density (HDR).

There shall be at least 1,400 square feet of net lot area for each dwelling unit in the HDR Zone.

(Prior code § 10-2.1103)

The following minimum yards shall be required in the HDR Zone:

(a)

Front: Fifteen (15') feet, except garage structures which shall be twenty (20') feet;

(b)

Side:

(1)

Interior lots: Five (5') feet on each side; provided, however, this requirement shall be increased by four (4') feet for every story above the second story;

(2)

Corner lots: Ten (10') feet on the street side; the interior side shall be the same as set forth in subsection (1) of this subsection; and

(3)

Detached accessory buildings not exceeding one story in height on the rear one-third (⅓) of the lot or set back at least seventy (70') feet from the front line whichever is less, may be located in a required side yard other than a street side yard;

(c)

Rear:

(1)

Main buildings: Ten (10') feet; provided, however, this requirement shall be increased by four (4') feet for every story above the second story; and

(2)

Accessory buildings: Detached accessory buildings not exceeding one story in height may be located in the rear yard; and

(d)

Distance between buildings: Six (6') feet between accessory buildings and between an accessory and main building; and the minimum distance between main buildings shall also be six (6') feet.

(Prior code § 10-2.1104)

(Ord. No. 1179, § 1, 1-15-2013)

There shall be no height limit in the HDR Zone.

(Prior code § 10-2.1105)

The maximum aggregate coverage of all buildings in the HDR Zone shall not exceed forty-five (45%) percent of the lot.

(Prior code § 10-2.1106)

Residential uses in the HDR Zone shall provide minimum usable open space of 100 square feet for each of the first ten (10) dwelling units, fifty (50) square feet for each of the second ten (10) units, and twenty-five (25) square feet for each unit in excess of twenty (20).

For the purposes of this section, "usable open space" shall mean an on-site ground level area, not less than twenty (20') feet in width, of lawn, pool, or garden courts with concrete paving accessible to all dwelling units via a walk, path, or stairway easily used and intended to be used by pedestrians. The space shall not include the required front yard or street side yard, off-street parking, driveways, or service areas. There shall be no obstruction above the space, except for devices to enhance the usability of the space.

(Prior code § 10-2.1107)

Off-street parking in the HDR Zone shall be provided as required by Article 26 of this chapter.

(Prior code § 10-2.1108)

Development approval for all uses, buildings, structures, and site development in the HDR Zone, except a single- or two-family residence and accessory structures on a single lot, shall be required as provided in Article 30 of this chapter.

(Prior code § 10-2.1109)

Article 12. - Professional Office and Medical Zone (POM)

The Professional Office and Medical (POM) Zone specialized classification is designed to provide for local serving offices supporting uses and facilities consistent with the General Plan policies and map.

(Prior code § 10-2.1200)

(a)

The following uses shall be permitted in the POM Zone:

(1)

Business and professional offices and laboratories;

(2)

Medical, mental health, dental offices, clinics, and laboratories;

(3)

Business services, such as stenography, duplicating, and mailing;

(4)

Artist and photography studios;

(5)

Off-street parking lots and facilities;

(6)

Public and utility uses and facilities;

(7)

Accessory uses and structures; and

(8)

Multiple family dwelling units, except apartment hotels.

(b)

The following conditional uses shall be permitted in the POM Zone subject to the granting of a use permit as provided in sections 10.08.4250 through 10.08.4420 of Article 34 of this chapter:

(1)

Business and professional schools;

(2)

Banks and financial offices;

(3)

Churches and church related uses;

(4)

Schools, public and private; and

(5)

Club and recreation facilities.

(Prior code § 10-2.1201)

The following lot area and width requirements shall apply in the POM Zone:

(a)

The minimum lot area shall be 7,500 square feet.

(b)

The minimum lot width shall be seventy (70') feet.

(Prior code § 10-2.1202)

10.08.1700 - Minimum yards (POM).

The following minimum yards shall be required in the POM Zone:

(a)

Front: Ten (10') feet;

(b)

Street side yard: Ten (10') feet;

(c)

Interior side yard and rear yard: no requirement, except when adjoining a residential zone, in which case ten (10') feet shall be required;

(d)

Such yards shall be increased by four (4') feet for every story or ten (10') feet in height, whichever is less, for buildings exceeding a height of two (2) stories or thirty (30') feet, whichever is less; and

(e)

Accessory buildings not exceeding one story in height may be located in any required rear or interior side yard provided they are on the rear one-half of the lot or are at least sixty (60') feet from the front property line.

(Prior code § 10-2.1203)

There shall be no height limit in the POM Zone.

(Prior code § 10-2.1204)

The maximum coverage of all buildings, except covered parking structures, in the POM Zone shall not exceed fifty (50%) percent of the lot.

(Prior code § 10-2.1205)

Required front yards and a minimum of five (5') feet of the required street side yards in the POM Zone shall be landscaped for their full depth with the exception of necessary walks and driveways, and, in addition, at least ten (10%) percent of the lot shall be landscaped.

(Prior code § 10-2.1206)

10.08.1740 - Off-street parking (POM).

Off-street parking in the POM Zone shall be provided as required by Article 26 of this chapter.

(Prior code § 10-2.1207)

Development approval for all uses, buildings, structures, and site development in the POM Zone shall be required as provided in Article 30 of this chapter.

(Prior code § 10-2.1208)

Article 13. - Planned Unit Development Zone (PUD)[[1]]

Footnotes:

--- ( 1 ) ---

Editor's note— Ord. No. 1236, § 1(Exh. A), adopted July 18, 2017, amended Article 13 in its entirety to read as herein set out. Former Article 13, §§ 10.08.1760—10.08.1880, pertained to similar subject matter, and derived from Prior code §§ 10-2.1300—10-2.1312; Ord. No. 1126, § 2, 11-18-2008; Ord. No. 1226, § 1(Exh. B), 10-18-2016.

10.08.1760 - Purpose and Intent; Applicability (PUD).

(a)

Purpose. The Planned Unit Development (PUD) Zone allows a single zoning district to combine a variety of uses, densities, and design characteristics. It applies to projects that:

(1)

are of substantial public benefit or are in furtherance of some City objective; and

(2)

have one or more of the following characteristics:

(i)

common or public open space areas;

(ii)

the maintenance of common spaces at the expense of those directly benefiting from it;

(iii)

a mixture of uses;

(iv)

a variety of housing types, and a mixture of densities and lot sizes in residential areas;

(v)

preservation of natural amenities; and/or

(vi)

creation of additional amenities.

It is not the purpose nor intent of the PUD Zoning simply to bypass standard zoning district regulations.

(b)

Applicability. The specific regulations and the general rules set forth in this article apply in a PUD Zone. In case of a conflict, PUD Zone requirements supersede other zoning requirements.

(Ord. No. 1236, § 1(Exh. A), 7-18-2017)

(a)

General. PUD zoning may be established consistent with Article 29, Amendments (section 10.08.3800 and following).

(b)

Pre-application conferences. Before filing an application for PUD zoning, the prospective applicant must submit to the Development Services Department preliminary plans, sketches, and other basic site information as required by the Department, and consult with the Department as to the relation of the proposal to the General Plan, any applicable specific plan, and this Article 13.

(c)

Application. An application for PUD zoning must be made in accordance with the provisions of Article 29. In addition to the standard requirements set forth on the City's application form, the application must include the following:

(1)

Written documents as follows:

(i)

A legal description or assessor's parcel numbers and a map of the total site proposed for development, including a statement of the present ownership and zoning;

(ii)

The proposed amenities and benefits to the public and/or the project that would not be attainable through traditional zoning. (See section 10.08.1760(a).) This includes a concise statement of one page or less describing these public benefits and a statement of the planning objectives to be achieved by the PUD zoning through the particular approach proposed, including a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant;

(iii)

In narrative and diagrams, describe all land uses to be established in various areas and buildings of the district in detail sufficient to generally describe the proposed PUD Zone;

(iv)

Quantitative data for the following: the total number and type of dwelling units; the parcel size; the proposed maximum lot coverage of structures; the approximate gross and net residential densities; the total amount of open space; the total amount of usable open space; the total amount of nonresidential construction; and other studies as may be required by the Development Services Director; and

(2)

Site plan and supporting maps are required when needed to support an assertion of public benefit under section 10.08.1760 (a), as follows:

(i)

Architectural renderings of typical structures and improvements, including elevations. Such drawings shall be sufficient to relay the basic architectural intent of the proposed improvements but need not be encumbered with final details at this stage;

(ii)

The tentative street and lot pattern;

(iii)

The location and floor area size of all existing and proposed buildings, structures, and other improvements, including maximum heights, types of dwelling units, density per type, and nonresidential structures, including recreational and/or commercial facilities.

(iv)

The location and size in acres or square feet of all areas to be conveyed, dedicated, or reserved as common open spaces, public parks, recreation areas, school sites, and similar public and semi-public uses;

(v)

The existing and proposed circulation system of arterial, collector, and local streets, including off-street parking areas, service areas, loading areas, major points of access to public rights-of-way, and points of ingress and egress to the development;

(vi)

The existing and proposed pedestrian walk areas, including their possible inter-relationships with the vehicular circulation plan;

(vii)

The existing and proposed utility systems, including, but not limited to sanitary sewers, storm sewers, water, electric, gas, telephone, cable and internet lines;

(viii)

A map of the PUD showing topography data indicating clearly the character of the terrain; the type, location, condition, and size of the trees or tree groups and other natural vegetation; other natural features; and the existing development to be retained;

(ix)

A landscape plan indicating the quantity, size, and type of materials. An irrigation plan shall also be required;

(x)

Sufficient information on land areas adjacent to the proposed PUD Zone to indicate the relationships between the proposed development and the existing and proposed adjacent areas, including land uses, zoning classifications, densities, circulation systems, public facilities, and unique natural features of the landscape;

(xi)

The proposed treatment of the perimeter of the PUD, including the materials and techniques used, such as screens, fences, walls, dedications and vehicle and pedestrian connection points;

(xii)

For residential uses, a residential lot plan; and for commercial uses, a commercial site plan (including lots, driveways, buildings, parking, internal circulation patterns and access to public right-of-way). For residential development, the lotting plan must include lot sizes and locations, public streets, open space, parks, landscape features and other amenities; and

(xiii)

Any additional information required by the City necessary to evaluate the character, impact, or proposed public benefit of the proposed PUD Zoning.

(Ord. No. 1236, § 1(Exh. A), 7-18-2017)

(a)

Approval. The Planning Commission and City Council will review the proposed PUD. If approved, the City Council will take the action by ordinance, which establishes the PUD zoning regulations for the area.

(b)

Format and contents. The ordinance will set forth the basic elements of the PUD Zone, including:

(1)

Purpose and intent.

(2)

Permitted uses: a listing of all uses to be permitted within the district, or in specific locations within the district. Any use may be permitted in a PUD Zone as long as the use is in conformance with the General Plan and any applicable specific plan.

(3)

Conditional uses: a listing of uses to be conditionally allowed within the district or within specific locations within the district.

(4)

Site development regulations: the maximum or minimum regulations, as appropriate, governing site dimensions, required yards and distances between buildings, site coverage, building height, residential density, floor area ratio, open space requirements, accessory facilities and uses, and other aspects of the proposed development.

(5)

Parking and loading requirements.

(6)

Special requirements: additional regulations as are appropriate to assure a harmonious relationship between uses and a compatible relationship with existing or potential uses within adjoining districts. This may include additional height limitations, yard requirements, landscaping and screening, provisions governing outdoor activities, and other requirements.

(7)

A concise description in one page or less setting forth what qualifies the PUD under section 10.08.1760(a).

(8)

Incorporating by reference specific site plan or design exhibits when these elements are used to support an assertion of public benefit under section 10.08.1760 (a).

(Ord. No. 1236, § 1(Exh. A), 7-18-2017)

A development review permit is required prior to the issuance of building permits in a PUD Zone as specified in Article 30 (section 10.08.3920 and following).

(Ord. No. 1236, § 1(Exh. A), 7-18-2017)

The City will process a proposed amendment to a PUD Zone in the same manner as any zoning amendment under Article 29 (section 10.08.3800 and following).

(Ord. No. 1236, § 1(Exh. A), 7-18-2017)

Article 14. - Residential Mobile Home Zone (RMH)

The Residential Mobile Home (RMH) Zone is to provide an exclusive district designation that is applied to land for use as mobile home parks, and to establish rules and regulations by which the City may regulate the standards of lots, yards, or park areas, landscaping, walls or enclosures, signs, access, and vehicle parking in relation to mobile home parks pursuant to the powers granted to the City under the Health and Safety Code of the State, and naming the Commission as the agent for executing the provisions of this article. This article shall apply to mobile home parks or any other livable unit of a permanent or semipermanent nature, as defined by Section 10.08.610 of Article 2 of this chapter, unless specifically exempted by Part 2 of Division 13 of the Health and Safety Code of the State or by the provisions of this article.

(Prior code § 10-2.1400)

In the RMH Zone the following specified regulations shall govern, unless otherwise provided in this chapter: Before any mobile home park is hereafter established, and before any buildings to be used for mobile home park purposes are erected, plot plans showing the size of all mobile home sites and the location of roadways and proposed buildings, together with landscaping and other architectural details, shall be presented to and approved by the Commission. The Commission may require such revisions of such plot plans as it may deem necessary to preserve the public health, peace, safety, and general welfare. To this

end, the Commission shall require the following specific regulations in approving plot plans for mobile home parks:

(a)

Every mobile home park shall create a buffer zone on all property lines consisting of five-foot yards and screened by a six-foot high solid opaque fence of masonry, slatted chain link, or other materials approved by the Commission.

(b)

All park streets shall be a minimum of thirty (30) feet in width from curb to curb and paved to the engineering specifications of the City.

(c)

Adequate street lighting shall be furnished for the mobile home park.

(d)

Fire hydrants shall be subject to the approval of the City.

(e)

All utilities shall park underground, including the television antenna system. Appurtenances which can be effectively screened may be excepted from this requirement if the Commission finds that such exception will not violate the intent or character of the proposed RMH zoning. The developer and/or owner shall be responsible for complying with the underground requirements and shall make the necessary arrangements with the utility companies involved for the installation of such facilities.

(Prior code § 10-2.1401)

(a)

In the RMH Zone, only uses which are included in the following use groups shall be permitted without conditional approval:

Group 1 Minor public service uses;

Group 4 Temporary buildings and uses;

Group 29 Accessory uses, except home occupations, the renting of rooms, and sales of agricultural products;

Group 30 Educational, institutional, and recreational, neighborhood; and

Group 39 Mobile home parks.

(b)

In the RMH Zone, uses which are included in the following use groups shall be permitted only with conditional approval:

Group 2 Local public service and utility installations;

Group 32 Educational, cultural, institutional, and recreational uses with special site or location requirements; and

Group 48 Commercial amusement and entertainment establishments (requiring large sites or generating large traffic volumes).

(Prior code § 10-2.1402)

10.08.1920 - Building site area (RMH).

The minimum required building site area for any new mobile home park in the City shall be not less than three (3) acres.

(Prior code § 10-2.1403)

10.08.1930 - Lot area per dwelling (RMH).

(a)

Each mobile home site within the RMH Zone shall have a minimum area of 2,400 square feet, a minimum width of thirty-five (35) feet, and a minimum depth of sixty (60) feet, and only one mobile home shall be permitted on each site.

(b)

All intersecting lot lines for individual mobile home sites shall be visibly marked by one-half-inch rebars, three (3) feet in length, driven to a depth of the finished grade level, or by other permanent markers as approved by the City Engineer.

(c)

Any other buildings allowable in a mobile home park shall be approved subject to the provisions section 10.08.1900 of this article.

(Prior code § 10-2.1404)

(a)

Every structure in the RMH Zone, including the required fencing, shall maintain the same front yard areas as the more restrictive of the adjoining lots thereto, and in no case shall the yard areas on the front or street side of any lot be less restrictive than those requirements set forth in section 10.08.150 of Article 2 of this chapter.

(b)

All interior yards for individual mobile home sites, including front, rear, and side, shall be a minimum of five (5) feet for all mobile homes or their appurtenances attached thereto, with the exception that trailer hitches may extend into such required yard area.

(Prior code § 10-2.1405)

No building in the RMH Zone shall exceed thirty-five (35) feet in height, nor consist of more than two (2) stories.

(Prior code § 10-2.1406)

10.08.1960 - Permissible lot coverage (RMH).

No mobile home park shall exceed ten (10) mobile homes per acre.

(Prior code § 10-2.1407)

There shall be no floor area requirements in the RMH Zone.

(Prior code § 10-2.1408)

(a)

Each individual trailer site in the RMH Zone shall provide two (2) off-street parking spaces, one of which shall have contiguous access to a street. Such spaces shall not be a portion of the necessary driveways for the court area.

(b)

An off-street parking area shall be required within the mobile home park which shall provide one additional parking space for every four (4) trailers in the mobile home park to accommodate additional cars for court and visitor parking.

(Prior code § 10-2.1409)

(a)

An area within the mobile home park may be designated as a storage area for trailers and boats. Trailers occupying such storage areas shall be for storage or vacation use only, and in no instance shall such area be used to provide a site for the accommodation of a trailer used for living purposes while such trailer is within the mobile home park. When an area is designated for trailer storage, such area shall be paved and shall be in addition to that required for additional automobile parking, roadways, and trailer sites as set forth in this Article.

(b)

Recreation or open spaces shall be provided for each mobile home park of at least 1,000 square feet, plus 150 square feet for each individual trailer space over ten (10). Such open space may be used in more than one location, but no one location shall contain less than 1,000 square feet. Each recreational space shall be accessible to all of the individual trailer spaces in the park and shall not be used for any other purpose.

(Prior code § 10-2.1410)

All uses requiring a building permit shall obtain development review compliance, except as provided for in Article 30 of this chapter and the CEQA Guidelines adopted by the City, prior to being established in the RMH Zone.

(Prior code § 10-2.1411)

Article 15. - Agricultural Zone (A) and Park Zone (P)[[2]]

Footnotes:

--- ( 2 ) ---

Editor's note— Ord. No. 1150, § 1, adopted July 20, 2010, amended art. 15 in its entirety to read as herein set out. Former art. 15, §§ 10.08.2010—10.08.2070, was formerly entitled "Agricultural Zone (A)", and derived from: Prior Code, §§ 10-2.1500—10-2.1506.

The Agricultural (A) Zone classification is to provide for agricultural, farm, and accessory and service uses in locations having an agricultural designation on the General Plan Land Use Map. The A Zone may also be utilized in locations which have an ultimate urban use designation but will be best used for agricultural purposes until necessary urban services are available, and conversion to urban uses is timely and appropriate.

(Ord. No. 1150, § 1, 7-20-2010)

(a)

The following uses shall be permitted in the A Zone:

(1)

Crop and tree farming;

(2)

Raising of large and small animals and fowl but not including:

(i)

Over ten (10) swine;

(ii)

Feed lots;

(iii)

Commercial poultry and egg production; and

(iv)

Dairies.

(3)

Residences for owners and employees; and

(4)

Accessory uses, buildings, and structures.

(b)

The following conditional uses shall be permitted in the A Zone subject to the granting of a use permit as provided in sections 10.08.4260 through 10.08.4420 of Article 34 of this chapter:

(1)

Labor camps and housing;

(2)

Roadside stands for the sale of agricultural products raised or produced on the premises;

(3)

Gas and oil wells;

(4)

Processing of agricultural products but not including animals or animal products;

(5)

Kennels, boarding kennels, and animal hospitals;

(6)

Uses excluded from subsection (2) of subsection (a) of this section; and

(7)

Public and quasi-public uses.

(Ord. No. 1150, § 1, 7-20-2010)

10.08.2030 - Lot area and width (A).

The following lot area and width requirements shall apply in the A Zone:

(a)

The minimum lot area shall be ten (10) acres.

(b)

The minimum lot width shall be 300 feet.

(Ord. No. 1150, § 1, 7-20-2010)

10.08.2040 - Minimum yards (A).

The

following minimum yards shall be required in the A Zone:

(a)

Front: Twenty-five (25) feet;

(b)

Side: Ten (10) feet; and

(c)

Rear: Ten (10) feet.

(Ord. No. 1150, § 1, 7-20-2010)

10.08.2050 - Height (A).

There shall be no height limit in the A Zone.

(Ord. No. 1150, § 1, 7-20-2010)

10.08.2060 - Off-street parking (A).

Off-street parking in the A Zone shall be provided as required by Article 26 of this chapter.

(Ord. No. 1150, § 1, 7-20-2010)

10.08.2070 - Development review (A).

Development approval for all conditional uses in the A Zone shall be required as provided in Article 30 of this chapter.

(Ord. No. 1150, § 1, 7-20-2010)

The Park (P) Zone is designed to provide for public parks of all sizes.

(Ord. No. 1150, § 1, 7-20-2010)

10.08.2072 - Permitted uses (P).

The following uses shall be permitted in the P Zone:

(a)

Sports, recreational, cultural, entertainment and similar uses;

(b)

Renewable energy generation and public utilities;

(c)

Community gardens.

(Ord. No. 1150, § 1, 7-20-2010)

All parks shall be designed and improved in accordance with the Parks Master Plan, the Parks and Streetscape Standard Plans, and any other program, project, or standards approved by the City Council.

(Ord. No. 1150, § 1, 7-20-2010)

Development review shall be in accordance with Article 30 of this chapter.

(Ord. No. 1150, § 1, 7-20-2010)

Article 16. - Community Shopping Center Zone (CS)

The Community Shopping Center (CS) Zone classification is to provide limited retail business, service, and office facilities for the convenience of the residents of the area.

(Prior code § 10-2.1600)

In the CS Zone the following specified regulations shall govern, unless otherwise provided in this chapter:

(a)

General.

(1)

Community shopping centers serve a grouping of several neighborhood trading areas. Community shopping centers should be located near the center of their trading areas and be served by major arterial streets. Access to the areas should be controlled in order to lessen through traffic on the major streets.

(2)

Community shopping centers are to provide limited retail business, service, and office facilities for the convenience of the residents of the area.

(b)

New shopping centers.

(1)

No new CS zoning shall be established, except in accordance with the regulations set forth in this chapter. All buildings shall be used or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, or moved into or within the CS Zone exclusively and only in accordance with the regulations set forth in this Article.

(2)

New CS zoning shall not be established upon a parcel of land which would contain a nonconforming use, building, or structure, unless the development plan for the shopping center includes the elimination of the nonconforming use, building, or structure.

(3)

The petitioner shall submit to the Commission a development plan containing a traffic circulation plan showing the adequacy of the streets, access ways, parking and internal traffic circulation, and a unified and organized arrangement of the buildings and service facilities which are feasible for the property on which the center is to be located. Such plan shall contain information showing compliance with the requirements of this chapter and any other law or Code of the City.

(4)

The petitioner or developer shall be required to pay the cost of the construction and installation of the improvements on the streets abutting the shopping center district, including any acceleration and deceleration lanes or traffic channelization devices deemed necessary to control traffic, and shall dedicate or deed land abutting the shopping center for street widening purposes when so required by the City.

(5)

Performance bonds shall be required by the City for the construction of all improvements in the CS Zone, including all paving, curbing, lighting, ingress and egress to the general site as provided in subsection (4) of this subsection, and/or any other improvements deemed necessary by the City. No building permit shall be issued until such bonds have been posted.

(6)

Building permits.

(i)

No building permit shall be issued for any structure in the CS Zone until the final site development plan for the entire center has been submitted and approved by the Commission. No change shall be made in the final site plan during the course of construction without first obtaining the prior approval of the Community Development Department and Public Works Department. Copies of the approved final site development

shall be issued for any structure in the CS Zone until the final site development plan for the entire center has been submitted and approved by the Commission. No change shall be made in the final site plan during the course of construction without first obtaining the prior approval of the Community Development Department and Public Works Department. Copies of the approved final site development

plan shall be submitted to and kept on record by the Community Development Department and the Public Works Department and the Building Inspector, and any change which may be approved shall be noted thereon.

(Ord. 1046 § 1, 2003; prior code § 10-2.1601)

(a)

In the CS Zone, only limited retail business, service, and office facilities which are included in the following Use Groups shall be permitted without conditional approval:

(b)

In the CS Zone, limited retail businesses, services, and office facilities which are included in the following Use Groups shall be permitted only with conditional use permits:

(Ord. 1050 § 3, 2003; prior code § 10-2.1602)

(Ord. No. 1177, § 9, 1-15-2013)

10.08.2110 - Signs (CS).

Signs shall be permitted in the CS Zone in compliance with the provisions of Article 35 of this chapter.

(Prior code § 10-2.1603)

10.08.2120 - Building site area (CS).

The minimum required building site area in the CS Zone shall be not less than six (6) acres, unless otherwise provided for in this chapter.

(Prior code § 10-2.1604)

10.08.2130 - Lot area (CS).

(See sections 10.08.2120 and 10.08.2140 of this Article.)

(Prior code § 10-2.1605)

10.08.2140 - Yard areas (CS).

Minimum yards in the CS Zone shall be as follows:

(a)

Front yards. The same as the most restrictive adjacent zone along the street frontages; and

(b)

Side and rear yards. Fifteen (15) feet, except where adjoining a commercial or industrial zone there shall be no yard requirements.

(Prior code § 10-2.1606)

There shall be no height requirements in the CS Zone.

(Prior code § 10-2.1607)

The lot coverage in the CS Zone shall conform to the design standards as approved in the final site development plan as set forth in this Article. However, buildings, parking, and accessory access routes shall not constitute more than ninety (90) percent of the total development area.

(Prior code § 10-2.1608)

There shall be no minimum floor area requirements in the CS Zone.

(Prior code § 10-2.1609)

Off-street parking in the CS Zone shall be provided in accordance with the provisions of Article 26 of this chapter.

(Prior code § 10-2.1610)

The usable open space in the shopping center area shall conform to the final site development plan as set forth in this Article. However, a minimum of ten (10) percent of the total area shall be reserved for pedestrian malls, landscaping, or other open spaces.

(Prior code § 10-2.1611)

All commercial property in the CS Zone shall provide for loading and unloading space upon such property.

(Prior code § 10-2.1612)

All uses requiring a building permit shall obtain development review compliance, except as provided for in Article 30 of this chapter and the CEQA Guidelines adopted by the City, prior to being established in the CS Zone.

(Prior code § 10-2.1613)

Article 17. - Neighborhood Shopping Zone (NS)

Uses in the Neighborhood Shopping (NS) Zone are intended for the convenience of the surrounding neighborhoods.

(Prior code § 10-2.1700)

In the NS Zone the following specified regulations shall govern, unless otherwise provided in this chapter:

(a)

Neighborhood shopping centers are located as an integral part of neighborhoods for the purpose of providing goods and services to the residents of the surrounding area. Neighborhood shopping centers are also provided to allow those uses not ordinarily considered detrimental to a residential zone because of traffic, noise, or other nuisance factors.

(b)

Uses in the Neighborhood Shopping (NS) Zone are primarily for the convenience of the surrounding neighborhoods, and are not intended to be business/ professional centers. A conditional use permit shall be required for Business and Professional Office uses listed in Group 41 exceeding 3,000 square feet in gross floor area. The cumulative gross floor area of all business/professional office uses in a Neighborhood Shopping Zone shall not exceed ten (10) percent of the total gross floor area of the center.

(c)

No commercial use or retail stores in the NS Zone shall be devoted to the sale of used or secondhand goods, clothing, wares, or other merchandise.

(d)

All permitted commercial uses shall be confined within completely enclosed buildings.

(e)

Neighborhood shopping centers should be designed and located to serve a population of at least 2,500 persons.

(Prior code § 10-2.1701)

(a)

In the NS Zone, only uses which are included in the following use groups shall be permitted without conditional approval:

(b)

In the NS Zone, uses which are included in the following use groups shall be permitted only with conditional approval:

(Prior code § 10-2.1702)

Signs shall be permitted in the NS Zone in compliance with the provisions of Article 35 of this chapter.

(Prior code § 10-2.1703)

The minimum area zoned neighborhood shopping shall not be less than two (2) contiguous acres. Neighborhood shopping center sites less than two (2) acres in size, under separate ownership, and not

separated by public streets, rights-of-way or easements shall be permitted provided the combined size of such separate sites established a zone of two (2) acres or more. Said individual neighborhood shopping sites shall individually comply with the development standards of the Neighborhood Shopping Zone sites within which they are located. Said individual neighborhood shopping sites shall have shared access and integrated, internal circulation plan.

(Prior code § 10-2.1704)

10.08.2270 - Lot area (NS).

(See sections 10.08.2260 and 10.08.2280 of this Article.)

(Prior code § 10-2.1705)

10.08.2280 - Yard areas (NS).

Minimum yards in the NS Zone shall be as follows:

(a)

Front yards. The same as the most restrictive adjacent zone along the street frontages; and

(b)

Side and rear yards. Fifteen (15) feet, except where adjoining a commercial or industrial zones there shall be no yard requirements.

(Prior code § 10-2.1706)

The maximum height in the Neighborhood Shopping Zone shall be two and one-half (2½) stories or thirtyfive (35) feet, whichever is less.

(Prior code § 10-2.1707)

The lot coverage in the NS Zone shall conform to the design standards as approved in the final site development plan as set forth in this Article. However, buildings, parking and accessory routes shall not constitute more than ninety (90) percent of the total development area.

(Prior code § 10-2.1708)

There shall be no maximum floor area requirements in the NS Zone, except for business and/or professional offices which shall not exceed 3,000 square feet for any one user, or greater than ten (10) percent of the total floor area of the center for all business and/or professional office uses in the NS Zone. Business and Professional Office Uses listed in Group 41 that are individually greater than 3,000 square feet in gross floor area shall require a conditional use permit.

(Prior code § 10-2.1709)

(See Article 26 of this chapter.)

(Prior code § 10-2.1710)

The usable open space in the NS Zone shall conform to the final site development plan as set forth in this Article. However, a minimum of ten (10) percent of the total area shall be reserved for pedestrian malls, landscaping, or other open spaces.

(Prior code § 10-2.1711)

All commercial property in the NS Zone shall designate an area for loading and unloading upon such property. This area shall not be included in the required parking area.

(Prior code § 10-2.1712)

All uses requiring a building permit shall obtain development review compliance, except as provided for in Article 30 of this chapter.

(Prior code § 10-2.1713)

Article 17.5 - Community Recreation Support Services (CRS)

The Community Recreation Support Services (CRS) Zone classification is intended to provide support services for users of nearby community and/or regional recreational and entertainment facilities through provision for a range of focused retail uses, restaurants, traveler's accommodations, and similar uses and services. The design and layout provisions of the CRS Zone are intended to minimize traffic conflicts through ensuring appropriate shared parking and circulation facilities while accommodating convenient traffic flow and turning movements, including during heavy traffic periods resulting from scheduled recreational events in the area. The uses permitted are also intended to support pedestrian, bicycle and automobile modes of travel, while ensuring compatibility with adjacent and nearby development.

The CRS Zone use and design provisions are intended to direct property development as follows:

(a)

Promote a free traffic flow on major arterial streets;

(b)

Uses in the CRS Zone are primarily for the convenience of and use by nearby recreational facility users and visitors.

(c)

Assure compatibility among the uses along major arterial and collector streets and with existing and future uses in adjacent areas.

(Ord. No. 1249, § 1(Exh. 1), 2-20-2018)

(a)

Only uses which are included in the following Use Groups shall be permitted without conditional approval in the CRS Zone:

(b)

The following freeway-oriented uses shall be permitted in the CRS Zone subject to the granting of a conditional use permit as provided in Sections 10.08.4250 through 10.08.4420 of Article 34 of this chapter:

(1)

Uses which are included in Use Group 2, Local public service and utility installations;

(2)

Use Group 40, Traveler's accommodations, subsection (c-2), Eating and/or drinking establishment that serves alcohol and provides entertainment after 11:00 p.m.;

(3)

Use Group 44 (a), Automobile service stations; building materials and hardware stores, department stores, retail warehouses, and similar larger retail buildings and operations; and

(4)

Use Group 48, Commercial amusement and entertainment establishments.

(Ord. No. 1249, § 1(Exh. 1), 2-20-2018)

All uses established within the CRS Zone shall be conducted wholly within a building, except such uses as gasoline service stations and similar enterprises deemed by the Director of Development Services to be customarily conducted in the open.

(Ord. No. 1249, § 1(Exh. 1), 2-20-2018)

Provisions shall be included in all site plans for pedestrian and bicycle circulation, including access from sidewalks to on-site buildings, and between building groups. Such circulation design features are also intended to connect adjoining properties in the CRS Zone.

(Ord. No. 1249, § 1(Exh. 1), 2-20-2018)

The minimum area zoned CRS shall be two (2) contiguous acres. Individual properties less than two (2) contiguous acres under separate ownership and not separated by public streets, rights-of-way or similar features shall be permitted, provided the combined size of such sites establishes a CRS zone of two (2) or more acres. Such sites shall comply with the provisions of this chapter regarding uses and development standards. Sites shall have shared access and integrated, internal circulation plans.

(Ord. No. 1249, § 1(Exh. 1), 2-20-2018)

All lots in the CRS Zone shall have a minimum area of 20,000 square feet and shall have a minimum width of 120 feet street frontage. As an alternative to the street frontage requirement, an applicant may substitute coordinated access easements, utility connections, emergency vehicle access points, shared maintenance agreements, and/or storm water infrastructure on the Tentative Subdivision Map to the satisfaction of the City Engineer.

(Ord. No. 1249, § 1(Exh. 1), 2-20-2018; Ord. No. 1349, § 2, 10-1-2024)

Minimum yards in the CRS Zone shall be as follows:

(a)

Front yards. Every lot within the CRS Zone shall have a front yard of not less than fifteen (15) feet; and

(b)

Side and rear yards. There shall be no side or rear yard requirements within the CRS Zone, except where adjacent to residential zones within the City, in which case there shall be side and rear yards of not less than ten (10) feet.

(Ord. No. 1249, § 1(Exh. 1), 2-20-2018)

The maximum height of any building in the CRS Zone shall not exceed fifty-five (55) feet, except where adjacent to residential zones within the City, in which case the maximum height of any building shall not exceed forty (40) feet.

(Ord. No. 1249, § 1(Exh. 1), 2-20-2018)

There shall be no floor area requirements in the CRS Zone.

(Ord. No. 1249, § 1(Exh. 1), 2-20-2018)

See Article 26 of this chapter. In addition, when two (2) or more uses combine their parking into a single adjoining parking lot with common ingress and egress, they may receive a twenty-five (25) percent reduction in the required number of spaces. The proposed common parking lot shall be subject to site plan and architectural review at the time of the Development Review.

(Ord. No. 1249, § 1(Exh. 1), 2-20-2018)

A minimum of ten (10) percent of the site shall be reserved for pedestrian walkways, sitting areas or plazas, landscaping, or other open spaces.

(Ord. No. 1249, § 1(Exh. 1), 2-20-2018)

Signs in the CRS Zone shall be in compliance with the provisions of Article 35 of this chapter.

(Ord. No. 1249, § 1(Exh. 1), 2-20-2018)

All buildings, site development, and other improvements shall obtain a development review permit, as required by Article 30 of this chapter prior to being established in the CRS Zone.

A development plan that includes areas (whether vacant or containing nonconforming uses or structures) adjacent to the CRS site being developed shall be submitted and approved as part of the development review process. The development plan shall demonstrate adequate circulation including, where relevant, streets, driveways, shared right-of-way access points and driveways, bicycle paths, pedestrian

connections between the buildings and between the building and public sidewalks and parking, and a unified and coordinated arrangement of buildings and service facilities and utilities.

(Ord. No. 1249, § 1(Exh. 1), 2-20-2018)

Article 18. - Central Business District Zone (CBD)

The Central Business District (CBD) Zone is to provide areas in which the forces of cumulative attraction or the need for comparison shopping may take place.

(Prior code § 10-2.1800)

(Ord. No. 1282, § 1(Exh. 1), 1-21-2020)

In the CBD Zone, the following specified regulations shall govern, unless otherwise provided in this chapter:

(a)

The CBD Zone is to provide an area in which pedestrian-oriented establishments may locate and the forces of cumulative attraction or the need for comparison shopping may take place.

(b)

The CBD Zone is to provide commercial business, service, and office facilities for the convenience of residents of the entire City.

(c)

The CBD Zone is to provide the retail core and cultural focus for the City.

(d)

The CBD Zone is to provide high density residential in close proximity to Downtown businesses and public gathering spaces.

(Prior code § 10-2.1801)

(Ord. No. 1282, § 1(Exh. 1), 1-21-2020)

(a)

In the CBD Zone, only general business, commercial, wholesale, high density residential, and governmental activities, which are included in the following use groups, shall be permitted without conditional approval:

Group 1 Minor public service uses;

(b)

In the CBD Zone, general business, commercial, wholesale, and governmental activities which are included in the following use groups shall be permitted only with conditional approval:

;adv=6q'(Ord. 1050 § 6, 2003; Ord. 1004 § 3, 1999; prior code § 10-2.1802)

(Ord. No. 1177, § 10, 1-15-2013; Ord. No. 1282, § 1(Exh. 1), 1-21-2020)

10.08.2390 - Building site area (CBD).

There shall be no building site area requirements in the CBD Zone.

(Prior code § 10-2.1803)

(Ord. No. 1282, § 1(Exh. 1), 1-21-2020)

There shall be no lot requirements in the CBD Zone.

(Prior code § 10-2.1804)

(Ord. No. 1282, § 1(Exh. 1), 1-21-2020)

10.08.2405 - Density (CBD).

There shall be at least 700 square feet of net lot area and no more than 2,500 square feet of net lot area for each dwelling unit in the CBD Zone.

(Ord. No. 1282, § 1(Exh. 1), 1-21-2020)

10.08.2410 - Yard areas (CBD).

There shall be no yard area requirements in the CBD Zone, except adjacent to residential zones, in which case a fifteen-foot front yard shall be provided.

(Prior code § 10-2.1805) 10.08.2410)

(Ord. No. 1282, § 1(Exh. 1), 1-21-2020)

10.08.2420 - Height (CBD).

There shall be no height requirements in the CBD Zone.

(Prior code § 10-2.1806)

(Ord. No. 1282, § 1(Exh. 1), 1-21-2020)

There shall be no lot coverage requirements in the CBD Zone.

(Prior code § 10-2.1807)

(Ord. No. 1282, § 1(Exh. 1), 1-21-2020)

10.08.2440 - Floor area (CBD).

There shall be no floor area requirements in the CBD Zone, except that the minimum floor area for a singlefamily dwelling shall be 500 square feet.

(Prior code § 10-2.1808)

(Ord. No. 1282, § 1(Exh. 1), 1-21-2020)

10.08.2450 - Off-street parking (CBD).

See Article 26 of this chapter. A twenty (20) percent reduction in the required parking area, as required by the provisions of Article 26 of this chapter, will be permitted if seventy (70) percent of this area is used for pedestrian-oriented open space (mall). Developers interested in receiving such reduction shall submit plans for pedestrian-oriented open space to the Commission for approval prior to review by the Community Development Director. A five (5) percent reduction in required parking area will be permitted if one or more property owners provide public rest areas and direct telephone communication for public transit riders.

(Prior code § 10-2.1809)

(Ord. No. 1282, § 1(Exh. 1), 1-21-2020)

10.08.2460 - Usable open space (CBD).

(See Section 10.08.2450 of this article.)

(Prior code § 10-2.1810)

(Ord. No. 1282, § 1(Exh. 1), 1-21-2020)

10.08.2470 - Loading and unloading space (CBD).

Loading and unloading areas in the CBD Zone shall be indicated and provided for at the rear of the buildings or upon adjoining alleys.

(Prior code § 10-2.1811)

(Ord. No. 1282, § 1(Exh. 1), 1-21-2020)

10.08.2480 - Development review (CBD).

All uses requiring a building permit shall obtain development review compliance, except as provided for in Article 30 of this chapter and the CEQA Guidelines adopted by the City, prior to being established in the CBD Zone. Additionally, any new residential development in the CBD Zone shall be subject to development review, including any new single-family dwellings, two-family dwellings, or multi-family dwellings, regardless of the number of units.

(Prior code § 10-2.1812)

(Ord. No. 1282, § 1(Exh. 1), 1-21-2020)

Article 19. - General Highway Commercial Zone (GHC)

The General Highway Commercial (GHC) Zone is to provide areas for commercial activities which are automobile-oriented or for those uses which seek independent locations outside shopping centers or other business clusters. The GHC Zone is not to be confused with the Highway Service (HS) Zone which is applicable to freeway interchanges only.

(Prior code § 10-2.1900)

The GHC Zone is intended to permit a pattern of varied automobile-oriented uses of property adjacent to major arterial streets. The provisions of this article are intended to control the site layout and design so as to:

(a)

Promote a free traffic flow on major arterial streets;

(b)

Assure compatibility among the uses along major arterial streets and with existing and future uses in adjacent areas;

(c)

Provide an area for commercial activities which are of an automobile-oriented nature or for those which seek an independent location outside of shopping centers and can prosper as well in such areas as in a shopping center; and

(d)

Encourage development of an open, uncrowded nature which will enhance the major arterials of the City and discourage developments which will extend unplanned commercial strips.

(Prior code § 10-2.1901)

(a)

In the GHC Zone, only automobile-oriented uses which are included in the following use groups shall be permitted without conditional approval:

(b)

In the GHC Zone, automobile uses which are included in the following use groups shall be permitted only with conditional approval:

(Prior code § 10-2.1902, as amended by § 1, Ord. 947 C.S., eff. Oct. 31, 1996)

(Ord. No. 1177, § 11, 1-15-2013)

All uses established within the GHC Zone shall be conducted wholly within a building, except such uses as drive-in restaurants, gasoline service stations, plant material nurseries, plumbing shops, and similar enterprises deemed by the Commission to be customarily conducted in the open, with the exception that live plant materials and nursery supplies may be displayed outside provided no more than an area equal to twenty (20%) percent of the lineal footage of the building front is occupied by such displays.

(Prior code § 10-2.1903)

A screening fence six (6') feet in height, measured from the finished grade of the GHC property line, separating the GHC Zone property from adjoining residential or agricultural zones, shall be required. On corner lots adjoining such zoning districts across a minor connecting side street, a screening fence six (6') feet in height shall be constructed to enclose storage areas, trash bins, and delivery areas. The design and location of such screening shall be approved during the site plan review (see Article 30 of this chapter).

(Prior code § 10-2.1904)

(a)

All existing lots of record within the GHC Zone as of August 8, 1972, and all lots created within another zoning district prior to reclassification to the GHC Zone, shall be permitted access to the major street in accordance with the following:

(1)

Lots with less than 120 feet in width along the frontage of the major arterial street shall be allowed one curb cut with a maximum width of thirty-five (35') feet. The location of such curb cut shall be approved by the Community Development Director concurrently with the approval of the development plans.

(2)

Those lots with 120 feet or more in width along the major arterial street shall be provided access in accordance with the standards set forth in sub.section (b) of this section.

(b)

All lots created within the GHC Zone subsequent to August 8, 1972, shall be permitted access in accordance with the following standards:

(1)

One curb cut only shall be permitted for each sixty (60') foot increment of lot width along the major arterial street up to a width of 125 feet.

(2)

Curb cuts shall be a maximum of thirty-five (35') feet from the top of the curb to the top of the curb.

(Prior code § 10-2.1905)

10.08.2550 - Building site area (GHC).

There shall be no site area requirements in the GHC Zone.

(Prior code § 10-2.1906)

All lots in the GHC Zone located along major arterials shall have a minimum frontage along the major arterial of 125 feet, except lots that have combined parking areas with common ingress and egress.

(Prior code § 10-2.1907; Ord. No. 1241, § 1, 9-19-2017)

Minimum yards: in the GHC Zone shall be as follows:

(a)

Front yards. Every lot within the GHG Zone shall have a front yard of not less than fifteen (15') feet; and

(b)

Side and rear yards. Each lot within the GHC Zone shall have side and rear yards of not less than fifteen (15') feet, except where adjacent to commercial or industrial zones, in which case there shall be no requirements.

(Prior code § 10-2.1908)

There shall be no height requirements in the GHC Zone.

(Prior code § 10-2.1909)

There shall be no lot coverage requirements in the GHC Zone.

(Prior code § 10-2.1910)

There shall be no floor area requirements in the GHC Zone.

(Prior code § 10-2.1911)

See Article 26 of this chapter. In addition, when two (2) or more uses combine their parking into a single adjoining parking lot with common ingress and egress, they may receive a twenty-five (25%) percent reduction in the required number of spaces. The proposed common parking lot shall be subject to site plan and architectural review at the time of the development plan review.

(Prior code § 10-2.1912)

All uses requiring a building permit shall obtain development review compliance, except as provided in Article 30 of this chapter and the CEQA Guidelines adopted by the City, prior to being established in the GHC Zone.

(Prior code § 10-2.1913)

Article 20. - Light Industrial Zone (M-1)

(a)

In the Light Industrial (M-1) Zone, only commercial and industrial activities and uses which are included in the following use groups shall be permitted without conditional approval:

Group 10 Crop and tree farming; Group 11 Specialty crops; Group 29 Accessory uses, except recreation facilities and residences; Group 52 Contract construction; Group 53 Warehousing and storage; Group 54 Small recycling collection facilities; and Group 60 Manufacturing uses, light.

(b)

In the M-1 Zone, commercial and industrial activities and uses which are included in the following use groups shall be permitted only with conditional approval:

(Ord. 1050 § 4, 2003; prior code § 10-2.2001)

The I-205 overlay zone applies to portions of this M-1 zone. (See section 10.08.2861.)

(Ord. No. 1226, § 1(Exh. B), 10-18-2016)

A screening fence six (6') feet in height, measured from the finished grade of the M-1 Zone property line, separating the M-1 Zone property from adjoining residential zones, shall be required.

(Prior code § 10-2.2002)

There shall be no site area requirements in the M-1 Zone.

(Prior code § 10-2.2003)

10.08.2660 - Lot area (M-1).

There shall be no lot area requirements in the M-1 Zone.

(Prior code § 10-2.2004)

Minimum yards in the M-1 Zone shall be as follows:

(a)

Front yards. Twenty-five (25') feet;

(b)

Side yards. No requirements, except where adjoining a residential zone, in which case a side yard of fifteen (15') feet shall be required; and

(c)

Rear yards. No requirements.

(Prior code § 10-2.2005) 10.08.2670

There shall be no height requirements in the M-1 Zone.

(Prior code § 10-2.2006)

There shall be no lot coverage requirements in the M-1 Zone.

(Prior code § 10-2.2007)

10.08.2700 - Floor area (M-1).

No requirements. (Prior code § 10-2.2008) 10.08.2710 - Off-street parking (M-1). (See Article 26 of this chapter.)

(Prior code § 10-2.2009) 10.08.2720 - Usable open space (M-1).

No requirements.

(Prior code § 10-2.2010)

10.08.2730 - Loading and unloading space

(M-1).

On-site loading and unloading space shall be provided.

(Prior code § 10-2.2011)

10.08.2740 - Development review (M-1).

All uses requiring a building permit shall obtain development review compliance, except as provided for in Article 30 of this chapter and the CEQA Guidelines adopted by the City, prior to king established in the M-1 Zone.

(Prior code § 10-2.2012)

Article 21. - Heavy Industrial Zone (M-2)

The Heavy Industrial (M-2) Zone is provided for those uses not otherwise listed in this chapter for reasons of being detrimental to the public health, safety, morals, and general welfare of the community; however, the following provisions shall be adhered to for any use in the M-2 Zone:

(a)

No use or structure shall be built, constructed, moved. altered, or situated in such a manner that it can or will cause detrimental effects to any adjoining property or properties by reason of noise, dust, fumes, odors, or other offensive matters.

(b)

No use or structure shall abut against any residential district unless separated by a minimum buffer zone of 100 feet, which may include a major street or highway or other natural barriers, such as railroads, canals, or rivers.

(c)

No residential use shall be allowed in the M-2 Zone.

(Prior code § 10-2.2100)

(a)

Only commercial and industrial activities which are included in the following Use Groups shall be permitted without conditional approval in the M-2 Zone:

(b)

The following conditional uses shall be permitted in the M-2 Zone subject to the granting of a use permit as provided in Sections 10.08.4250 through 10.08.4420 of Article 34 of this chapter:

(Prior code § 10-2.2101)

10.08.2770 - Building site area (M-2).

No requirements. (Prior code § 10-2.2102) 10.08.2780 - Lot area (M-2). No requirements. (Prior code § 10-2.2103) 10.08.2790 - Yard areas (M-2). No requirements, with the exception of Section 10.08.150. (Prior code § 10-2.2104)

10.08.2800 - Height (M-2). No requirements. (Prior code § 10-2.2105)

10.08.2810 - Permissible lot coverage (M-2). No requirements. (Prior code § 10-2.2106) 10.08.2820 - Floor area (M-2). There shall be no floor area requirements in the M-2 Zone.

(Prior code § 10-2.2107)

10.08.2830 - Off-street parking (M-2).

(See Article 26 of this chapter.)

(Prior code § 10-2.2108)

10.08.2840 - Usable open space (M-2).

(See subsection (b) of Section 10.08.2750 of this article.)

(Prior code § 10-2.2109)

10.08.2850 - Loading and unloading space (M-2).

On-site loading and unloading space shall be provided in the M-2 Zone.

(Prior code § 10-2.2110)

10.08.2860 - Development review (M-2).

All uses requiring a building permit shall obtain development review compliance, except as provided for in Article 30 of this chapter and the CEQA Guidelines adopted by the City, prior to being established in the M- 2 Zone.

(Prior code § 10-2.2111)

Article 21.2 - I-205 Overlay Zone[[3]]

Footnotes:

--- ( 3 ) ---

Editor's note— Ord. No. 1226, § 1(Exh. A), adopted Oct. 18, 2016, amended the Code by adding provisions designated as §§ 10.08.2860—10.28.2864. Inasmuch as there were provisions already designated as § 10.08.2860, the provisions have been redesignated as §§ 10.08.2861—10.08.2865.

The purposes of this I-205 overlay zone are to maximize the aesthetic appearance of development along the I-205 corridor, maximize the economic development potential of lands along the I-205 corridor consistent with City economic development goals, and establish development application processing requirements for application submittals along the I-205 corridor.

(Ord. No. 1226, § 1(Exh. A), 10-18-2016)

(a)

Definitions. In this article:

I-205 corridor means the property on both sides of the I-205 freeway as it passes through the City.

I-205 overlay zone means the property along the I-205 corridor within 500 feet of either side of the freeway, as measured from the edge of the Caltrans right of way. This overlay zone applies new development in the following: light industrial zone (M-1), industrial designations within the planned unit development zone (PUD), I-205 Specific Plan, Northeast Industrial Specific Plan zone, and Industrial Specific Plan (ISP).

(b)

This article applies to the I-205 overlay zone.

(Ord. No. 1226, § 1(Exh. A), 10-18-2016)

Any distribution, warehouse or similar use is prohibited in the I-205 overlay zone.

Existing permitted uses in each zone district apply in the I-205 overlay zone except as follows:

Use Group 52, Contract construction, in buildings over 75,000 square feet

Use Group 53, Warehousing and storage

Use Group 60, Manufacturing uses, light, in buildings over 75,000 square feet

Use Group 61, Manufacturing uses, intermediate

Use Group 63, Manufacturing uses, very heavy

Truck stop uses, including fueling, servicing and emergency repairs

Furniture and cabinet assembly in buildings over 75,000 square feet

Parcel delivery service and vehicle storage

Truck terminals

Mini storage

Equipment storage, rental and sales, indoor or outdoor

(Ord. No. 1226, § 1(Exh. A), 10-18-2016)

10.08.2864 - Development standards.

(a)

Yard areas. Minimum yard setbacks in the I-205 overlay zone are the same as in the underlying zoning district except that the setback from the I-205 corridor right of way is 100 feet.

(b)

Building height. The maximum building height within the I-205 overlay zone is 40 feet.

(c)

Floor area ratio. The maximum floor area ratio within the I-205 overlay zone is 40%.

(d)

Building Size: The maximum building size within the I-205 overlay zone is 75,000 square feet.

(Ord. No. 1226, § 1(Exh. A), 10-18-2016)

Before obtaining a building permit for an improvement in the I-205 overlay zone, the owner must first obtain a development review permit under article 30 (section 10.08.3920 and following). Development must conform to the Citywide Design Standards, including the I-205 overlay zone standards. A development review permit application for a parcel in the I-205 overlay zone is subject to City Council approval after Planning Commission recommendation.

(Ord. No. 1226, § 1(Exh. A), 10-18-2016)

Article 22. - Highway Service Zone (HS)

The Highway Service (HS) Zone classification is intended to provide for freeway-oriented uses in close proximity to the freeway interchanges. The uses permitted are intended to encourage automobile and truck related uses which will be compatible with adjacent zones and development and which require large land areas and are not appropriate, compatible, or of a type usually found in downtown areas or shopping centers. The design and layout provisions are intended to minimize traffic conflicts while accommodating traffic flow and turning movements in the vicinity of the freeway interchanges and encouraging developments which will enhance the entrances to the City.

(Prior code § 10-2.2201)

(a)

Only highway automobile-oriented uses which are included in the following Use Groups shall be permitted without conditional approval in the HS Zone:

entertainment after 11:00 p.m.

(b)

The following freeway-oriented uses shall be permitted in the HS Zone subject to the granting of a conditional use permit as provided in Sections 10.08.4250 through 10.08.4420 of Article 34 of this chapter:

(1)

Truck stop uses, including fueling, servicing, and emergency repairs, motels, restaurants, and other related services;

(2)

Automobile and truck sales and appurtenant services, repairs, and parking;

(3)

Uses which are included in Use Group 2 (Local public service and utility installations); and

(4)

Uses which are included in Use Group 48 (Commercial amusement and entertainment establishments); and

(5)

Use Group 40, Traveler's living accommodations, subsection (c-2), Eating and/or drinking establishment that serves alcohol and provides entertainment after 11:00 p.m.

(Prior code § 10-2.2202)

(Ord. No. 1177, § 12, 1-15-2013)

All uses established within the HS Zone shall be conducted wholly within a building, except such uses as gasoline service stations and similar enterprises deemed by the Commission to be customarily conducted in the open.

(Prior code § 10-2.2203)

A screening fence six (6) feet in height, measured from the finished grade of the HS property at the footing of such wall, shall be constructed along the property line separating HS Zone property from adjoining residential or agricultural zones. On corner lots adjoining such zoning districts across a minor connecting side street, a screening fence six (6') feet in height shall be constructed along the side streets of the property, fifteen (15') feet in from the property line, or along the building setback line, whichever is greater,

from the rear property line to a point even with the rear of that main building which is closest to the rear of the property.

(Prior code § 10-2.2204)

(a)

Where a wall is required on the street side of a corner lot in the HS Zone, no driveway shall be permitted through such wall.

(b)

All existing lots of record within the HS Zone as of August 8, 1972, and all lots created within another zoning district prior to reclassification to the HS Zone, shall be permitted access to the major street in accordance with the following:

(1)

Lots with less than 120 feet in width along the frontage of the major arterial street shall be allowed one curb cut with a maximum width of thirty-five (35') feet. The location of such curb cut shall be approved by the Community Development Director concurrently with the approval of the development plans.

(2)

Those lots with 120 feet or more in width along the major arterial street shall be provided access in accordance with the standards set forth in subsection (c) of this section.

(c)

All lots created within the HS Zone subsequent to August 8, 1972, shall be permitted access in accordance with the following standards:

(1)

One curb cut only shall be permitted for each sixty (60') foot increment of lot width along the major arterial street up to a width of 125 feet.

(2)

Curb cuts shall be a maximum of thirty-five (35') feet from the top of the curb to the top of the curb.

(Prior code § 10-2.2205)

There shall be no site area requirements in the HS Zone.

(Prior code § 10-2.2206)

All lots in the HS Zone located within 1,000 feet of the center point of a freeway interchange shall have a minimum area of 22,500 square feet and shall have a minimum width of 150 feet frontage.

(Prior code § 10-2.2207)

Minimum yards in the HS Zone shall be as follows:

(a)

Front yards. Every lot within the HS Zone shall have a front yard of not less than fifteen (15) feet; and

(b)

Side and rear yards. Each lot within the HS Zone shall have side and rear yards of not less than fifteen (15') feet, except where adjacent to commercial or industrial zones, in which case there shall be no requirements.

(Prior code § 10-2.2208)

10.08.2950 - Height (HS).

The maximum height of any building in the HS Zone shall not exceed forty-five (45') feet.

(Prior code § 10-2.2209)

10.08.2960 - Permissible lot coverage (HS).

There shall be no lot coverage requirements in the HS Zone.

(Prior code § 10-2.2210)

10.08.2970 - Floor area (HS).

There shall be no floor area requirements in the HS Zone.

(Prior code § 10-2.2211)

10.08.2980 - Off-street parking (HS).

(See Article 26 of this chapter.)

(Prior code § 10-2.2212)

10.08.2990 - Usable open space (HS).

There shall be no open space requirements in the HS Zone.

(Prior code § 10-2.2213)

All loading and unloading space in the HS Zone shall be provided upon the site and independently of required parking spaces.

(Prior code § 10-2.2214)

10.08.3010 - Signs (HS).

Signs in the HS Zone shall be in compliance with the provisions of Article 35 of this chapter.

(Prior code § 10-2.2215)

All uses requiring a building permit shall obtain development review compliance, except as provided for in Article 30 of this chapter and the CEQA Guidelines adopted by the City, prior to being established in the HS Zone.

(Prior code § 10-2.2216)

Article 22.2 - Cordes Ranch Specific Plan Zone (CRSP)

The zoning within the Cordes Ranch Specific Plan Zone is governed by the Cordes Ranch Specific Plan.

(Ord. No. 1187, § 2, 9-17-2013)

Article 22.5. - Former PUD Areas

The zoning within the Northeast Industrial Specific Plan Zone is governed by the Northeast Industrial Area Specific Plan. In addition, the I-205 overlay zone applies to portions of this Northeast Industrial Specific Plan zone. (See section 10.08.2861.)

(Ord. No. 1174, § 4, 8-7-2012; Ord. No. 1226, § 1(Exh. B), 10-18-2016)

Each development in the Northeast Industrial Specific Plan Zone that requires a building permit is subject to development review under Municipal Code Article 30 (Sections 10.08.3920 and following).

(Ord. No. 1174, § 4, 8-7-2012)

Article 22.6 - Tracy Hills Specific Plan Zone (THSP)

The zoning within the Tracy Hills Specific Plan Zone is governed by the Tracy Hills Specific Plan.

(Ord. No. 1212, § 3, 4-19-2016)

Article 22.7 - Ellis Specific Plan Zone (ESP)

The zoning within the Ellis Specific Plan Zone is governed by the Ellis Specific Plan."

(Ord. No. 1252, § 3, 4-3-2018)

Article 22.8. - Reserved[[4]]

Footnotes:

--- ( 4 ) ---

Editor's note— Ord. No. 1306, § 1, adopted May 4, 2021, repealed Art. 22.8, § 10.08.3026, which pertained to Avenues Specific Plan Zone (ASP) and derived from Ord. No. 1262, § 3, 9-18-2018.

Article 23. - General Provisions, Conditions, and Exceptions

In order to ensure that the provisions of this chapter will permit all similar uses in each zone, the Commission, upon its own initiative or upon a written request, shall determine whether a use not specifically listed as a permitted use or a conditional use in a zoning district shall be deemed a permitted use or a conditional use in one or more zones on the basis of similarity to the uses specifically listed. The procedures set forth in this article shall not be substituted for the amendment procedure as a means of adding new uses to the lists of permitted uses and conditional uses but will be followed to determine whether the characteristics of a particular use not listed are sufficiently similar to a prohibited use to justify a finding that the use should be deemed a permitted use or a conditional use in one or more zones.

(Prior code § 10-2.2301)

Applications for determinations that a specific use should be included as a permitted use or a conditional use in a zoning district shall be made in writing to the Community Development Director and shall include a detailed description of the proposed use, the required filing fee, and such other information as may be required by the Community Development Director to facilitate the determination.

(Prior code § 10-2.2302)

The Community Development Director shall make such investigations of the application as he deems necessary to compare the nature and characteristics of the proposed use with those of the uses

specifically listed in this chapter and shall prepare a report thereon which shall be submitted to the Commission to aid the Commission in making its determination of the classification of the proposed use.

(Prior code § 10-2.2303)

The determination of the Commission shall be based upon the following findings and rendered in writing within sixty (60) days, unless the applicant consents to an extension of the time period, and shall include findings supporting the conclusion:

(a)

That the establishment of the use will be in accordance with the purposes of the zone in which such use is proposed;

(b)

That the use will be an appropriate addition to the zone because the use has the same basic characteristics as other uses permitted in the zone;

(c)

That the use will not be detrimental to the public health, safety, or welfare;

(d)

That the use will not adversely affect the character of the zone in which it is proposed to be established;

(e)

That the use will not create more traffic, odor, dust, dirt, smoke, noise, vibration, illumination, glare, unsightliness, or any other objectionable influence than the amount normally created by any of the uses listed as permitted uses, in that zone; and

(f)

That the use will not create any greater hazard of fire or explosion than the hazards normally created by any of the uses listed as permitted uses in that zone.

(Prior code § 10-2.2304)

Within ten (10) days following the date of a decision of the Commission on a request for a determination as to a use not listed, the Secretary of the Commission shall transmit to the Council written notice of the decision. The decision shall become effective fifteen (15) days following the date on which the

determination was made or on the day following the next meeting of the Council, whichever is later, unless an appeal has been taken to the Council, or unless the Council shall elect to review the decision of the Commission.

(Prior code § 10-2.2305)

10.08.3080 - Uses not listed— Determinations—Appeals to the Council.

A decision of the Commission may be appealed to the Council by an applicant or any other person.

(Prior code § 10-2.2306)

10.08.3090 - Uses not listed—Determinations— Appeals to the Council— Determinations.

The determination of the Council shall be rendered in writing within forty (40) days, unless the applicant consent to an extension of the time period, and shall include findings supporting the conclusion.

(Prior code § 10-2.2307)

If ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this chapter, or with respect to matters of height, yard requirements, area requirements, or zone boundaries, as set forth in this chapter and as they may pertain to unforeseen circumstances, including technological changes in the processing of materials, it shall be the duty of the Commission to ascertain all pertinent facts and, by resolution of record, to set forth its findings and its interpretations, and thereafter such interpretations shall govern.

(Prior code § 10-2.2308)

The City may enforce the requirements of this Title 10, Planning and Zoning, by any one or more of the following methods at the City's discretion:

(a)

Criminal penalties, under chapter 1.04;

(b)

Civil injunction, under section 1.16.060;

(c)

Regarding land use and development, following notice and the opportunity for hearing, by:

(1)

The granting or denial of permits;

(2)

The forfeiture and revocation of permits; or

(3)

The recording of a notice of violation (See also Title 12, Subdivisions);

(d)

Administrative citations and penalties, under chapter 1.28;

(e)

Public nuisance abatement, under chapter 1.32;

(f)

Building abatement, under any of the uniform building codes adopted by the City in Title 9, Building Regulations;

(g)

Any other lawful authority.

(See also TMC section 1.16.010.)

For the purpose of enforcing this Code:

(1)

Any partner may be named or cited in enforcement against a partnership;

(2)

Any managing member may be named or cited in enforcement against a limited liability company; and

(3)

Any corporate officer may be named or cited in enforcement against a corporation.

(Ord. No. 1177, § 13, 1-15-2013)

The provisions of this chapter shall not apply to poles, lines, or other structures or facilities used or usable by any utility company solely for the purpose of distributing electricity or communication services and shall not be construed to limit or interfere with the installation, maintenance, and operation of public utility pipelines and electric or telephone distribution and transmission lines or railroads when located in accordance with the applicable rules and regulations of the Public Utilities Commission of the State within rights-of-way, easements, franchises, or ownerships of such public utilities; provided, however, all transmission lines, electric substations, storage yards (service groups), and public utility buildings shall be subject to site review by the Community Development Director in terms of location and necessary screening.

(Prior code § 10-2.2309)

One temporary real estate office may be located in any subdivision. Such office shall be used only for the sale of property located in the subdivision in which such office is located. The temporary real estate office shall be removed at the end of two (2) years from the date of the recording of the final map of the subdivision in which such office is located.

If any lots in such subdivision have not been sold at the end of the two (2) year period, the Community Development Director may approve extensions for the continuation of such real estate office on a monthto-month basis.

(Prior code § 10-2.2310)

Temporary structures for the housing of tools and equipment or containing supervisory offices in connection with major construction projects may be established and maintained during the progress of such construction on such project; provided, however, such temporary structures shall be removed immediately after the notice of completion of such project.

Upon a written request by the applicant and the approval of the Community Development Director, such temporary construction buildings may contain living quarters for the purpose of building and construction site security.

(Prior code § 10-2.2311)

10.08.3140 - Permitted locations of travel trailers, motor homes, and campers.

(a)

Temporary locations. Travel trailers, office trailers, and mobile offices may be permitted on a temporary basis for the purpose of establishing a business in the POM, CBD, CS, GHC, HS, M-1, and M-2 Zones as follows:

(1)

A temporary permit authorized by the Commission, valid for six (6) months, shall be required for such use.

(2)

Such temporary permit may be renewed for two additional six month periods, for a maximum of eighteen (18) months, at the discretion of the Commission, except as set forth in subsection (3) of this subsection.

(3)

Additional temporary permits for six (6) month periods beyond the initial eighteen (18) month period may be authorized by the Commission:

(i)

If the progress of the applicant toward establishing a permanent business facility is being delayed by the action of a public agency, the temporary permit may be renewed indefinitely; or

(ii)

If the applicant has an approved development plan for a permanent business facility and can demonstrate that progress is being made to implement such plan, the temporary permit may be extended to a maximum twenty-four (24) month period from the date of the initial approval.

(b)

Storage. Travel trailers, motor homes, and campers may be stored anywhere on a lot provided:

(1)

No utility service is connected to the vehicle, except for the temporary twenty-four (24) hours use of power to recharge batteries or service appliances; and

(2)

The vehicle is not located in a clear zone.

(c)

Exemption. A motor home or mounted camper which is normally used for every day transportation, is mounted on a pickup of greater than 3/4 ton, is not more than seventy-eight (78) inches in height measured from the surface of the street, and is not more than seventy-two (72) inches in width is exempt from this section.

(d)

Amortizing. Travel trailers, motor homes, and campers existing on August 21, 1973, shall conform to the requirements of this section within the time frame established by the State for amortizing mobile homes which allows nine years from the date of manufacture to amortize a 193 inch by 480 inch or smaller mobile home and eighteen (18) years from the date of manufacture to amortize larger units, but in no event shall it be less than three (3) years.

(e)

Temporary dwelling during construction. A travel trailer, motor home or camper to be used as a dwelling in a residential zone while a single-family dwelling is under construction on the same lot is a permitted use during construction with a valid building permit for the proposed residence. The temporary dwelling must be removed from the property within ten (10) days of receiving a final occupancy or final inspection for the residence. In addition, the following provisions apply:

(1)

The trailer, motor home or camper may only be so located and occupied while actual construction activities are taking place upon the lot; in no case may the period of such placement and use exceed one year.

(2)

The trailer, motor home or camper may only be occupied by the property owner; who is also the builder designated on the building permit, and family.

(3)

The minimum yards for the zone shall be maintained.

(Prior code § 10-2.2312)

(Ord. No. 1202, Exh. A § 19, 12-1-2015)

It shall be unlawful for any person to place, keep, or maintain, or permit to be placed, kept, or maintained, any boat or boat trailer upon any lot, piece, or parcel of land within the residential zones of the City, with the following exceptions:

(a)

Boats or boat trailers may be placed, kept, or maintained wholly within a structure lawfully existing on the premises; or

(b)

Boats or boat trailers may be placed, kept, or maintained upon any lot, piece, or parcel of land within the residential zones of the City provided no part of any boat or boat trailer shall be located closer than fifteen (15') feet to any street line; and

(c)

Notwithstanding any provision contained in this section, such boat or boat trailer may be located anywhere on the lot, except in a clear vision zone of a corner lot, as defined in section 10.08.3330 of article 24 of this chapter, for a temporary period not to exceed twenty-four (24) hours for loading and unloading purposes, or for the temporary storage, not to exceed seven (7) days, of such facility owned by a bona fide guest of the occupants of the premises.

(Prior code § 10-2.2313)

10.08.3160 - Abandoned, wrecked, or junked vehicles.

See article 8 of chapter 4.12 of title 4 of this Code.

(Prior code § 10-2.2314)

Garage sales on residentially zoned property shall be permitted under the following conditions:

(a)

Only one such sale may be conducted in any four (4) month period and shall be limited to not more than three (3) consecutive days or to two (2) consecutive weekends not to exceed four (4) days in all. Such sale shall not be conducted between the hours of 8:00 p.m. of any day and 8:00 a.m. of the following day. Sales shall not encroach or be made on or from public streets or rights-of-way.

(b)

No licensed retail or wholesale dealer shall be permitted to consign or offer for sale any goods or merchandise or participate in any private sale authorized by this section.

(c)

Any garage sale not meeting the conditions set forth in subsections (a) and (b) of this section is hereby declared to be unlawful and a public nuisance.

(d)

The provisions of this section shall not apply to any charitable or religious organization or educational institution for occasional charitable, religious, or educational purposes, nor shall this section apply to sales conducted pursuant to a process or order of any court of competent jurisdiction.

(Prior code § 10-2.2315)

(a)

Accessory dwelling unit. One accessory dwelling unit is permitted on any residentially zoned lot having one existing single-family dwelling (the "primary dwelling") if the proposed unit complies with the standards in subsection b. (See definition at TMC section 10.08.052.) An accessory dwelling unit is not permitted if there is more than one single-family dwelling, a duplex, or multi-family dwelling on the lot. An accessory dwelling unit may be attached or detached from the primary dwelling and may be created by the conversion of a portion of, or an addition to, the primary dwelling, accessory structure, or by the construction of a new structure.

(b)

Standards. These standards apply to an accessory dwelling unit.

(1)

One unit. There may be only one accessory dwelling unit on a lot. The accessory dwelling unit may not be sold separately from the primary dwelling.

(2)

Primary dwelling required. The primary dwelling must be a permitted use in the zoning district, and the lot must contain only one existing single-family dwelling.

(3)

Size. The total area of floor space of a detached accessory dwelling unit shall not exceed 1,200 square feet of living area. The total area of floor space of an attached accessory dwelling unit shall not exceed fifty (50) percent of the living area of the primary dwelling or 1,200 square feet, whichever is less. (Living area means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or an accessory structure.)

(4)

Zoning requirements. The accessory dwelling unit shall conform to the height, setback, lot coverage, and other zoning requirements of the zoning district in which it is located.

(i)

Setback requirements.

a.

A setback of five feet from the side and rear yards is required for an accessory dwelling unit that is constructed above a garage. (See also Government Code section 65852.2 (a)(1)(D)(vii).)

b.

Accessory dwelling units must conform to the setback requirement of the primary dwelling. However, no setback shall be required for an existing garage that is converted to an accessory dwelling unit.

(5)

Building code requirements. The proposed unit shall conform to the building code requirements that apply to detached dwellings.

(6)

Distance; Access. The minimum distance between an accessory dwelling unit and a primary dwelling or an accessory building is six (6) feet. An attached accessory dwelling unit may have either an exterior or interior access.

(7)

Parking. One additional off-street parking space is required per accessory dwelling unit. The space may be tandem parking, or parking in the setback area. If any required garage or covered parking structure is demolished or converted in conjunction with the construction of an accessory dwelling unit, the number of required parking spaces for the primary dwelling shall be replaced and replacement parking space(s) may be located in a garage, covered, uncovered, or tandem spaces anywhere on the same lot as the accessory dwelling unit.

he setback area. If any required garage or covered parking structure is demolished or converted in conjunction with the construction of an accessory dwelling unit, the number of required parking spaces for the primary dwelling shall be replaced and replacement parking space(s) may be located in a garage, covered, uncovered, or tandem spaces anywhere on the same lot as the accessory dwelling unit.

However, the parking requirement for an accessory dwelling unit does not apply if one of the following apply:

(i)

The unit is located within one-half mile of a City of Tracy Tracer or San Joaquin RTD bus stop;

(ii)

The unit is located within the existing space of the existing primary dwelling or an existing, accessory structure, and not constructed as additional living area of an attached or detached accessory dwelling unit; or

(iii)

There is a car share vehicle designated pick up and drop off located within one block of the accessory dwelling unit.

(c)

Authority. This section is adopted under the requirements of Government Code section 65852.2.

(Prior code § 10-2.2316)

(Ord. No. 1202, Exh. A § 20, 12-1-2015; Ord. No. 1254, § 2, 5-1-2018)

Planned residential developments, listed as conditional uses in the designated residence zones, include zero lot line, attached, cluster, and similar nontypical residential designs and may include modifications of the lot area and width, yard, height, lot coverage, and open space requirements.

(Prior code § 10-2.2317)

(a)

Purpose. The purpose of this section is to preserve the health and welfare of the City and its residents by establishing regulations pertaining to mobile food vendors.

(b)

Definition.

(1)

Mobile Food Vendor - An individual or business entity that is engaged in the retail sale of prepared food from a mobile food vendor vehicle. This definition excludes temporary food vending tables or stands operating outside of an approved mobile food vendor vehicle.

(2)

Mobile Food Vendor Court - A permanent land use involving the operation of three or more mobile food vendor vehicles on a single site.

(3)

Mobile Food Vendor License - A revocable license issued by the City of Tracy authorizing the operation of a mobile food vendor vehicle by a mobile food vendor.

(4)

Mobile Food Vendor Site - The location used by a mobile food vendor.

(5)

Mobile Food Vendor Vehicle - Any vehicle, as defined in Section 670 of the California Vehicle Code, which is equipped and used for retail sales of prepared food. A mobile food vendor vehicle shall also include any trailer, wagon, or cart equipped and used as described in this definition and pulled by a vehicle.

(6)

Short Term Mobile Food Vendor Courts - A mobile food vendor court operating at a single site for a temporary period of time.

(c)

License requirement. The operation of a mobile food vendor requires the prior issuance of a mobile food vendor license, subject to the following standards:

(1)

An applicant for a mobile food vendor license shall submit an application and all required information.

(2)

At minimum, the following information shall be provided on the application form:

i.

Type of vehicle (coach, trailer, etc.).

ii.

Vehicle identification number (VIN).

iii.

License plate number.

iv.

Copy of vehicle registration.

v.

Proof of ownership or written authorization from the registered owner.

vi.

Evidence of active motor vehicle insurance.

vii.

San Joaquin County health permit for mobile food facility.

(3)

Fees may be adopted in the master fee schedule for the application and for its renewal.

(4)

A mobile food vendor license is required for each mobile food vendor vehicle.

(5)

A mobile food vendor license is not transferable.

(6)

A mobile food vendor license shall be valid for 365 days and is eligible for annual renewal. If the mobile food vendor license is not renewed prior to expiration, it shall be deemed expired, and a new application shall be required.

(7)

Compliance with all operational and site standards shall be a required condition of any mobile food vendor license.

(8)

The City Council may adopt by resolution a maximum number of mobile food vendor licenses to be issued in total or annually.

(9)

Applications for a mobile food vendor license shall be reviewed and issued by the Director of Community and Economic Development, or designee.

(10)

A Mobile Food Vendor License may be revoked by the approving authority.

(d)

Operational standards.

(1)

The mobile food vendor shall maintain the following documents, or copies thereof, in the mobile food vendor vehicle and present them to City staff upon request:

i.

Mobile food vendor license.

ii.

San Joaquin County health permit for mobile food facility.

iii.

City of Tracy business license.

iv.

Evidence of active motor vehicle insurance.

v.

Written evidence of permission from the owner of the property where the mobile food vendor is operating, including name and contact telephone number.

(2)

The mobile food vendor may only sell food and/or beverages. Promotional items, such as stickers, t-shirts, etc. may also be sold.

(3)

At least one licensed driver capable of driving the vehicle shall be present at the mobile food vendor site at all times.

(4)

Mobile food vendors may operate continuously on any single site for a maximum of eighteen (18) hours each calendar day. At the end of each operational period, the mobile food vendor vehicle and any table, garbage can, or other possession shall be removed from the site. Any subsequent location during the remainder of the calendar day shall be at least five hundred (500') feet away.

(5)

No more than two (2) mobile food vendors may concurrently operate or be located at a single site unless separated by 500 feet. The concurrent use of a site by three (3) or more mobile food vendors within five hundred (500') feet of each other constitutes a mobile food vendor court and is subject to those specific regulations.

(6)

The mobile food vendor may use a maximum of one portable table with chairs.

(7)

The mobile food vendor may use a maximum of one portable sign with a maximum area of twelve (12) square feet per side.

(8)

The portable sign must be located within twenty (20') feet of and on the same site as the mobile food vendor vehicle and shall not be in the public right-of-way.

(9)

Each Mobile Food Vendor Site shall maintain receptacles for the collection of garbage, recycling, and organic waste, as required by State law and local regulations.

(10)

All food preparation and cooking shall occur within the mobile food vendor vehicle. The outside use of portable grills, barbecues, or similar devices is prohibited.

(11)

Internal combustion generators may not be used within fifty (50') feet of a residential land use.

(e)

Site standards.

(1)

Mobile Food Vendor Sites shall contain adequate space and configuration to allow customers to safely access and park on the site.

i.

A minimum of two customer parking spaces shall be provided at each site. These spaces may be shared but must be accessible to mobile food vendor customers. Customer parking spaces are not required in the central business district (CBD) zone.

ii.

The mobile food vendor vehicle, including any exterior tables or accessories, shall not occupy more than fifty (50%) percent of the total parking of any parking lot.

(2)

The mobile food vendor may operate only on private property in the following zoning districts:

i.

Community shopping center zone (CS).

ii.

General highway commercial zone (GHC).

iii.

Community recreation support services (CRS).

iv.

Central business district (CBD).

v.

Neighborhood shopping zone (NS).

vi.

Medical office zone (MO).

vii.

Professional office medical zone (POM).

viii.

Light industrial zone (M-1).

ix.

Heavy industrial zone (M-2).

x.

Highway service zone (HS).

xi.

Northeast industrial specific plan area.

xii.

Industrial areas specific plan area.

xiii.

I-205 corridor specific plan area [commercial and industrial zones].

xiv.

Tracy Hills specific plan [commercial and industrial zones].

xv.

Ellis specific plan [commercial and industrial zones].

xvi.

Cordes Ranch specific plan.

(3)

Mobile food vendors are prohibited from operating on City-owned property, including the public right-ofway and parks and recreation facilities, unless part of an authorized special event.

(4)

The operational area of the mobile food vendor site must be paved with asphalt, concrete, or similar impervious surface.

(5)

Mobile food vendors may only operate on a site with an existing primary commercial or industrial use. Vacant sites may not be used by mobile food vendors.

(6)

The mobile food vendor vehicle may not impede any driveway, drive aisle, pedestrian way, fire lane, path of egress, or trash enclosure.

(7)

Lines and waiting areas shall be accommodated on the mobile food vendor site.

(f)

Mobile food vendor courts.

(1)

Permit Requirement: The operation or development of a mobile food vendor court requires the prior approval of a development review permit, pursuant to Title 10, Chapter 10.08, Article 30.

(2)

Mobile food vendor courts are permitted in the zoning districts described in Section (e) with the issuance of a Development Review Permit.

(3)

The following standards shall apply to all mobile food vendor courts:

i.

All mobile food vendor vehicles shall have direct individual access to permanent sanitary sewer, water and electric utilities. The use of portable grey or black water tanks is prohibited.

ii.

The use of an internal combustion generator within a mobile food vendor court is prohibited.

iii.

The site shall conform to all applicable City commercial design guidelines and standards, including those for exterior lighting, landscaping, storm drainage, right-of-way improvement, and similar standards.

iv.

Common refuse, recycling, and composting collection facilities shall be provided through a trash enclosure.

v.

A minimum of one on-site customer parking space shall be provided for each mobile food vendor vehicle. No customer parking spaces are required in the central business district (CBD).

(g)

Short term mobile food vendor courts: A mobile food vendor court operating for a period of no more than one hundred and eighty (180) continuous days at a single site.

(1)

Short term mobile food vendor courts may be established with a temporary use permit, as governed by Tracy Municipal Code Section 10.08.4240, except as follows:

i.

A temporary use permit shall be valid for a maximum continuous period of 180 days in a single calendar year. The 180-day period may not be separated into smaller periods.

ii.

The provisions of 10.08.3193(f)(3) shall not be required for short term mobile food vendor courts if the applicant demonstrates compliance with all local, State, and federal regulations, including those addressing temporary utilities, access, air quality, water supply, and similar considerations.

(Ord. No. 1245, § 1, 11-7-2017; Ord. No. 1356, § 2, 6-17-2025)

(a)

Purpose and Intent. On August 28, 2020, Senate Bill 793 was signed into law to prohibit the sale of flavored tobacco in California. The bill does not preempt or otherwise prohibit the adoption of local regulations that impose greater restrictions on access to tobacco products. The Tracy City Council exercised its police power to adopt this zoning ordinance with the express purpose of limiting youth exposure and access to tobacco, tobacco products, and tobacco paraphernalia by establishing location restrictions for tobacco retailers. This section is not intended to give any person or entity authority to engage in tobacco retailing in the City of Tracy.

(b)

Definitions. Unless otherwise provided in this section, the definitions set forth in Chapter 10.08 (Zoning Regulations) apply. The following words shall have the meanings set forth below when used in this section:

(1)

"Day care center" means a child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and school age child care centers, as well as child care centers pursuant to Section 1596.951 of the California Health and Safety Code. This definition shall have the same meaning as set forth in Section 1596.76 of the California Health and Safety Code, as the same may be amended from time to time.

(2)

"School" means those sites upon which full-time instruction in any of the grades K through 12 (twelve) is provided where the primary purpose is education. "School" includes public schools, private schools, and charter schools, but does not include any private site upon which education is primarily conducted in private homes.

(3)

"Sensitive youth use" means a school, day care center, or youth center as defined in this section.

(4)

"Tobacco paraphernalia" means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette-rolling machines, electronic cigarettes, e- cigarettes, electronic smoking devices, electronic cigarette cartridges, electronic smoking device cartridges and related products, and any other item designed or used for the smoking or ingestion of tobacco products.

(5)

"Tobacco product" means any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, snuff, chewing tobacco, e-cigarette or electronic smoking device, or any other form of tobacco or product containing at least fifty (50) percent tobacco which may be utilized for smoking, chewing, inhalation or other manner of ingestion. "Tobacco product" does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product (e.g., skin patches, lozenges, gym and prescription medications), or for other therapeutic purposes where that product is marketed and sold solely for such approved use.

(6)

"Tobacco retailer" means any person who sells, offers for sale, exchanges, or offers to exchange any tobacco, tobacco product, or tobacco paraphernalia for consideration, without regard to the quantity sold, offered for sale, exchanged, or offered to exchange.

(7)

"Tobacco retailing" means the conduct of selling, offering for sale, exchanging, or offering to exchange any tobacco, tobacco product, or tobacco paraphernalia for any form of consideration, without regard to the quantity sold, offered for sale, exchanged or offered to exchange.

(8)

"Youth center" means any public or private facility that is primarily used to host recreational or social activities for minors, including but not limited to: private youth membership organizations or clubs, social service teenage club facilities, video arcades where ten (10) or more video games or game machines or devices are operated, and where minors are legally permitted to accept services, or similar amusement park facilities. It shall also include a park, playground or recreational area specifically designed to be used by children which has play equipment installed, including public grounds designed for athletic activities such as baseball, softball, soccer, or basketball or any similar facility located on a public or private school grounds, or in City, county, or state parks. This definition shall not include any private gym, martial arts, yoga, ballet, music, art studio or similar studio of this nature, nor shall it include any athletic training facility, pizza parlor, dentist office, doctor's office primarily serving children or a location which is primarily utilized as an administrative office or facility for youth programs or organizations.

(c)

Location Restrictions for Tobacco Retailers.

(1)

The following location restrictions apply to all tobacco retailers operating in the City:

i.

Tobacco retailing shall only be conducted at fixed locations; and

ii.

Tobacco retailers shall be located at least six hundred (600) feet from a sensitive youth use; and

iii.

If located on separate parcels, the distance between the tobacco retailer and the sensitive youth use property shall be measured from the outer boundaries of the sensitive youth use parcel to the closest structure containing the tobacco retailer; and

iv.

If located on the same parcel, the distance between the structures containing the tobacco retailer and any sensitive youth use shall be at least six hundred (600) feet.

(2)

In addition to the restrictions outlined above in subsection (c)(1), a tobacco retailer that dedicates more than ten (10) percent of their total retailing square footage (e.g cigar store or smoke shop) to tobacco, tobacco products, or tobacco paraphernalia must be located at least six hundred (600) feet from any parcel zoned for residential use in the City.

(3)

Nonconforming Tobacco Retail Use.

i.

Any tobacco retailer lawfully operating in the City of Tracy on the date this ordinance is adopted shall be considered a nonconforming use and may continue to operate at their existing location subject to Article 25 of Chapter 10.08 of the Tracy Municipal Code.

ii.

The establishment of a sensitive youth use within six hundred (600) feet of a tobacco retailer after a tobacco retailer commences legal operations shall render the tobacco retailer a nonconforming use which may continue to operate at their existing location subject to Article 25 of Chapter 10.08 of the Tracy Municipal Code.

(Ord. No. 1303, § 1, 11-17-2020)

A small family day care home, as defined by Health and Safety Code section 1596.78, or a large family day care home, as defined by Health and Safety Code section 1596.78, is permitted on any residentially zoned property: RE, LDR, MDC, MDR, HDR, or PUD.

(Ord. No. 1171, § 4, 6-19-2012)

(a)

Purpose and Intent. The purpose of this section is to impose zoning restrictions on commercial and personal cannabis activities or uses. This section is not intended to give any person or entity authority to conduct commercial cannabis activities in the City of Tracy. If a commercial cannabis use is not specifically permitted in this chapter it is not allowed in any zoning district within the City.

(b)

Definitions. Unless otherwise provided in this section, the definitions set forth in Chapter 10.08 (Zoning Regulations) and Chapter 6.36 (Commercial Cannabis Activity) apply. The following words shall have the

meanings set forth below when used in this section:

(1)

"Day care center" means a child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and school age child care centers, as well as child care centers pursuant to Section 1596.951 of the California Health and Safety Code. This definition shall have the same meaning as set forth in Section 1596.76 of the California Health and Safety Code, as the same may be amended from time to time.

(2)

"Fully enclosed and secure structure" means a space within a building, greenhouse, or other structure that has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, and which is accessible only through one or more lockable doors.

(3)

"Outdoors" means any location within the City of Tracy that is not within a fully enclosed and secure structure or private residence, as defined by California Health and Safety Code section 11362.2.

(4)

"Personal use" shall mean an individual's personal use, possession, processing, transporting, or giving away without any compensation whatsoever in accordance with state law, including but not limited to Health and Safety Code sections 11362.1 and 11362.2, as may be amended from time to time. Personal use does not include any commercial activity.

(5)

"School" means those sites upon which full-time instruction in any of the grades K through 12 is provided where the primary purpose is education, as determined in the sole discretion of the Planning Commission. "School" includes public schools, private schools, and charter schools, but does not include any private site upon which education is primarily conducted in private homes.

(6)

"Youth center" means any public or private facility that is primarily used to host recreational or social activities for minors, including but not limited to: Private youth membership organizations or clubs, youthfocused instructional facilities, such as dance studios, martial arts studios, music studios or other recreational facilities that cater primarily to children (where the programming/schedule has more than fifty (50) percent of their classes structured for children under the age of eighteen (18)), social service teenage club facilities, video arcades where ten (10) or more video games or game machines or devices are operated, and where minors are legally permitted to accept services, or similar amusement park facilities. It shall also include a park, playground or recreational area specifically designed to be used by children which has play equipment installed, including public grounds designed for athletic activities such as baseball, softball, soccer, or basketball or any similar facility located on a public or private school grounds, or in City, county, or state parks.

(c)

Commercial Cannabis Uses.

(1)

All commercial cannabis uses are prohibited from operating in all zoning districts in the City, except as expressly permitted in this section as well as Chapter 6.36.

(2)

All commercial cannabis uses permitted by this section must, prior to establishing and commencing operations, obtain and maintain a City cannabis business permit pursuant to Chapter 6.36 and any other state or local license or permit, as applicable.

(3)

The following commercial cannabis uses are permitted to establish as a conditional use on property in the following zoning districts, subject to the granting of and compliance with terms of a City cannabis business permit pursuant to Chapter 6.36 and a conditional use permit issued pursuant to Section 10.08.4250:

(i)

Storefront Retailer (dispensary):

a.

Commercial Zone Districts:

Tracy Hills Specific Plan - General Highway Commercial (GHC-TH)

Tracy Hills Specific Plan - Mixed Use Business Park (MUBP-TH)

Residential Areas Specific Plan - Neighborhood Shopping (NS)

Residential Areas Specific Plan - General Highway Commercial (GHC)

Industrial Areas Specific Plan - Neighborhood Shopping (NS)

Industrial Areas Specific Plan - Village Center (VC)

Industrial Areas Specific Plan - Flex Office (FO)

Ellis Specific Plan - Limited Use (LU)

Ellis Specific Plan - Village Center (VC)

Northeast Industrial Areas Specific Plan - General Commercial (GC)

I-205 Corridor Specific Plan - Commercial Center (CC)

I-205 Corridor Specific Plan - Freeway Commercial (FC)

I-205 Corridor Specific Plan - General Commercial (GC)

I-205 Corridor Specific Plan - General Commercial 2 (GC2)

I-205 Corridor Specific Plan - Service Commercial (SC)

Cordes Ranch Specific Plan - General Commercial (GC)

Community Shopping Center (CS)

Neighborhood Shopping Center (NS)

General Highway Commercial (GHC)

Highway Service (HS)

Central Business District (CBD)

Community Recreation Support Zone (CRS)

Planned Unit Development - West Clover Rd (City Council ordinance 789 c.s.)

Planned Unit Development - Southeast corner of Grantline Road and Corral Hollow Road (City Council ordinance 697 c.s.)

Planned Unit Development - Northwest corner of 6[th ] Street and C Street (City Council Resolution 2012053)

Planned Unit Development - northwest corner of 11[th ] Street and East Street (City Council ordinance 742 c.s.)

b.

Industrial Zone Districts:

Tracy Hills Specific Plan - Light Industrial (M1-TH)

Industrial Areas Specific Plan - General Industrial (GI)

Industrial Areas Specific Plan - Limited Industrial (LI)

Northeast Industrial Areas Specific Plan - Light Industrial (LI)

I-205 Corridor Specific Plan - Light Industrial (LI)

Cordes Ranch Specific Plan - Business Park Industrial (BPI)

Light Industrial - M1

Heavy Industrial - M2

Planned Unit Development - West Larch Road (City Council ordinance 1083)

(ii)

Non-storefront retailer (Delivery), distribution, manufacturing, microbusiness, testing laboratory, indoor cultivation:

a.

Industrial Zone Districts:

Tracy Hills Specific Plan - Light Industrial (M1-TH)

Industrial Areas Specific Plan - General Industrial (GI)

Industrial Areas Specific Plan - Limited Industrial (LI)

Northeast Industrial Areas Specific Plan - Light Industrial (LI)

I-205 Corridor Specific Plan - Light Industrial (LI)

Cordes Ranch Specific Plan - Business Park Industrial (BPI)

Light Industrial - M1

Heavy Industrial - M2

Planned Unit Development - 450 West Larch Road (City Council resolution)

(d)

Location Requirements.

(1)

Any storefront retail dispensary cannabis use shall be located at least 600 feet away from another storefront dispensary cannabis use; and

(2)

Any commercial cannabis uses shall be located at least 600 feet from any of the following sensitive uses as of the date the conditional use permit is issued: School, day care center, or youth center; and

(3)

If located on separate parcels, the distance between the commercial cannabis use shall be measured from the parcel on which a sensitive use exists, to the structure containing a cannabis use; and

(4)

If located on the same parcel, the distance between the structures containing the cannabis use and any sensitive use shall be at least 600 feet; and

(5)

Whether located on the same or separate parcels, the distance between commercial cannabis uses shall be measured from the structures containing the commercial cannabis uses; and

(6)

Any commercial cannabis use shall be at least 50-feet from a zone district that permits residential uses, except for zone districts that permit commercial cannabis storefront retailers (dispensaries). The 50-foot distance shall be measured from the building containing the commercial cannabis use to the nearest residential zone district boundary; and

(7)

If more than one application for a Cannabis CUP is proposed concurrently, then the application first deemed complete shall be first acted upon by the Planning Commission.

(e)

Cultivation of Cannabis.

(1)

All outdoor cultivation of cannabis within the City is prohibited, and shall be unlawful, as a principal use, conditional use, special use, or accessory use in any zone.

(2)

The indoor cultivation of cannabis shall comply with Chapter 6.36 and applicable state law. The cultivation of cannabis for personal use shall only be conducted indoor and in accordance with applicable state law.

(f)

Penalties.

(1)

Violations of this chapter are hereby declared a public nuisance.

(2)

Violations of this section are punishable as misdemeanors and as otherwise set forth in Chapter 1.04 of this Code. Each day of operation of a commercial cannabis business or the outdoor cultivation of marijuana occurs, in violation of this section, constitutes a separate offense.

(Ord. No. 1170, § 2, 6-19-2012; Ord. No. 1240, § 1, 9-19-2017; Ord. No. 1265, § 2, 1-15-2019; Ord. No. 1278, § 2(Exh. A), 12-3-2019; Ord. No. 1343, §§ 2, 3, 12-19-2023)

10.08.3197 - Standards for emergency homeless shelters.

(a)

General. Emergency homeless shelters are permitted in the MDR, HDR and MDC Zoning Districts, subject to the requirements of this section.

(b)

Requirements for emergency homeless shelters.

(1)

Concentration. An emergency homeless shelter may not be located closer than 300 feet from another emergency homeless shelter.

(2)

On-site resident manager. An emergency homeless shelter shall have a resident, on-site manager.

(Ord. No. 1202, Exh. A § 21, 12-1-2015)

10.08.3198 - Donation containers.

(a)

Purpose. The purpose of this section is to regulate donation containers to ensure that donation containers will not have a negative, blighted visual impact; impede or interfere with public access, circulation and parking; or become hazards or nuisances.

(b)

Definitions. In this section:

Donation container means a donation or collection box, bin, trailer, or other container used for receiving donations of salvageable personal property.

Salvageable personal property means clothing, shoes, textiles, toys, personal electronic devices, media, books and other similar, small items. It does not include undesirable material, defined below.

Undesirable material means any large items that are unable to fit in the donation container, biological or organic material, or any hazardous material.

(c)

Conditional use permit required. A property owner wishing to allow a donation container on his or her property must first obtain a conditional use permit from the City, in accordance with sections 10.08.4250 through 10.08.4420 of Article 34.

(1)

Application. In addition to the application requirements set forth in section 10.08.4270 of Article 34, the application must include the following:

(i)

The property owner's signature, indicating his or her endorsement of the application;

(ii)

The name(s), address(es), and telephone number(s) of the person or organization sponsoring the donation container. If an organization, include the name and contact information for the person managing the container;

(iii)

The proposed location;

(iv)

A detailed description and site plan of the donation container, including size, material, security features, signage, dates and times for regularly scheduled pickups and maintenance (including removal of overflow or unwanted materials); and

(v)

If the donation container will be operated for charitable purposes by a non-profit entity under Internal Revenue Code section 501(c)(3), a tax identification number and an IRS determination letter.

(2)

Findings. In addition to the findings for a conditional use permit set forth in section 10.08.4310 of Article 34, the Planning Commission must make the following findings before approving a conditional use permit for a donation container:

(i)

The donation container will be located on a parcel zoned for non-residential use;

(ii)

The donation container will not be located on public property, public right-of-way, or within twenty (20) feet of any property line;

(iii)

The donation container will not be located within 2,500 feet of another donation container, and there may not be more than one donation container on a parcel;

(iv)

The location is adequate in size and shape to accommodate the donation container, allows adequate foot traffic and access by the disabled, does not encroach into or impede access to any parking space, drive aisle, trash enclosure area, landscape area or required setback area; and

(v)

The performance standards set forth in subsection (d) will apply.

(d)

Performance standards. The following standards apply to a conditional use permit for a donation container:

(1)

Litter and graffiti. The donation container and the site will be maintained free of litter and graffiti. The property owner shall:

(i)

Remove all trash, litter, and unwanted or undesirable materials on a daily basis;

(ii)

Remove graffiti within forty-eight (48) hours of written notice from the City; and

(iii)

Respond and cure within forty-eight (48) hours of written notice any vandalism, damaged containers, lack of maintenance or existence of overflow materials.

(2)

Signage. The donation container shall be identified with:

(i)

The name of the organization maintaining the container, a telephone number, address, and (if available) the internet web address;

(ii)

The type of material that may be donated; and

(iii)

A statement to comply with Welfare and Institutions Code sections 150—153.

The signage may be permanently painted, drawn, embedded or affixed with a film adhesive flush to the donation container. No signs shall protrude, project, or be detached from the donation container. The signage of any side may not be larger than one-half (1/2) of the surface area of that side.

(3)

Attendant. The property owner will ensure that an attendant is present at the donation container at least eight (8) hours a day, seven (7) days a week. The attendant shall be fully dedicated to the donation container and not working another job on the site.

(4)

Site planning and architecture. A donation container may be subject to development review, under section 10.08.3940 of Article 30.

(5)

Proper disposal. The property owner and container operator are responsible for disposing of undesirable material in accordance with City, State and Federal laws.

(6)

Parking, access, and circulation. Parking, access, and circulation will be reviewed as part of the Conditional Use Permit process. Additional parking may be required.

(7)

Reporting. The container operator must report annually the tonnage collected from containers within the City, including a breakdown by material type, whether the material was reused or recycled, and any other information needed by the City to comply with AB 939 (California Integrated Waste Management Act, Public Resources Code sections 40000-49620). The operator must provide this information to the City by the end of February of each calendar year.

(8)

Insurance. The property owner must maintain a minimum general liability insurance of one million dollars to cover any claims or losses due to the placement, operation, or maintenance of the donation container.

(e)

Enforcement. The City may enforce this section by any means authorized in section 1.16.010, including revocation of the conditional use permit.

(Ord. No. 1203, Exh. A, 12-15-2015)

(a)

Purpose. It is the City's policy to provide individuals with disabilities reasonable accommodation in regulations and procedures to ensure equal access to housing, and to facilitate the development of housing. The purpose of this chapter is to provide a procedure under which a disabled person may request a reasonable accommodation in the application of zoning requirements.

This chapter is based on requirements of the federal and state fair housing laws, and implements the City of Tracy General Plan Housing Element. It is distinct from the requirements for a variance set forth in Government Code Section 65906 and TMC Section 10.08.3630 and following, Variances.

(b)

Definitions. In this chapter:

"Disabled person" means a person who has a medical, physical or mental condition that limits a major life activity, as those terms are defined in Government Code Section 12926, anyone who is regarded as having such a condition or anyone who has a record of having such a condition. It includes a person or persons, or an authorized representative of a disabled person. The term "disabled person" does not include a person who is currently using illegal substances, unless he or she has a separate disability. (42 U.S.C., section 3602(h).)

"Fair housing laws" means

(1)

The Federal Fair Housing Act (42 U.S.C., section 3601 and following); and

(2)

The California Fair Employment and Housing Act (Government Code, section 12955 and following), including amendments to them.

"Reasonable accommodation" means providing disabled persons flexibility in the application of land use and zoning regulations and procedures, or even waiving certain requirements, when necessary to eliminate barriers to housing opportunities. It may include such things as yard area modifications for ramps, handrails or other such accessibility improvements; hardscape additions, such as widened driveways, parking area or walkways; building additions for accessibility; tree removal; or reduced off-street parking where the disability clearly limits the number of people operating vehicles. Reasonable accommodation does not include an accommodation which would:

(1)

Impose an undue financial or administrative burden on the City; or

(2)

Require a fundamental alteration in the nature of the City's Land Use and Zoning Program.

(c)

Requesting reasonable accommodation.

(1)

Request. A disabled person may request a reasonable accommodation in the application of the City's Land Use and Zoning Regulations. Such a request may include a modification or exception to the requirements for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers. A reasonable accommodation cannot waive a requirement for a conditional use permit when otherwise required or result in approval of uses otherwise prohibited by the City's Land Use and Zoning Regulations.

(2)

Availability of information. Information regarding this reasonable accommodation procedure shall be prominently displayed at the public information counters in the planning division, advising the public of the availability of the procedure for eligible applicants, and be made available in any other manner as determined by the Director.

(3)

Assistance. If an applicant needs assistance in making the request, the Director will endeavor to provide the assistance necessary to ensure that the process is available to the applicant.

(4)

Balancing rights and requirements. The City will attempt to balance:

A.

The privacy rights and reasonable request of an applicant for confidentiality, with

B.

The land use requirements for notice and public hearing, factual findings and rights to appeal, in the City's requests for information, considering an application, preparing written findings and maintaining records for a request for reasonable accommodation.

(d)

Application requirements.

(1)

Application. The applicant shall submit a request for reasonable accommodation on a form provided by the Director. The application shall include the following information:

A.

The applicant's name, address and telephone number;

B.

Address of the property for which the request is being made;

C.

The name and address of the property owner, and the owner's written consent to the application;

D.

The current use of the property;

E.

The basis for the claim that the individual is considered disabled under the fair housing laws: identification and description of the disability which is the basis for the request for accommodation, including current, written medical certification and description of disability and its effects on the person's medical, physical or mental limitations;

F.

The rule, policy, practice and/or procedure of the City for which the request for accommodation is being made, including the zoning code regulation from which reasonable accommodation is being requested;

G.

The type of accommodation sought;

H.

The reason(s) why the accommodation is reasonable and necessary for the needs of the disabled person(s). Where appropriate, include a summary of any potential means and alternatives considered in evaluating the need for the accommodation;

I.

Copies of memoranda, correspondence, pictures, plans or background information reasonably necessary to reach a decision regarding the need for the accommodation; and

J.

Other supportive information deemed necessary by the Director to facilitate proper consideration of the request, consistent with fair housing laws.

(2)

Review with other land use applications. If the project for which the reasonable accommodation is being requested also requires some other discretionary approval (such as conditional use permit or development review), then the applicant shall submit the reasonable accommodation application first for a determination by the Director, before proceeding with the other applications.

(3)

Fee. The fee for an application for reasonable accommodation shall be established by resolution of the City Council.

(e)

Approval authority—Notice—Decision.

(1)

Approval authority.

A.

Director of Development Services. The Director has the authority to review and decide upon requests for reasonable accommodation, including whether the applicant is a disabled person within the meaning of this chapter, except as noted in subsection (e)(1)B of this section. The Director may refer the matter to the Planning Commission.

B.

Planning Commission. The Planning Commission has the authority to review and decide upon requests for reasonable accommodation, including whether the applicant is a disabled person within the meaning of this chapter, when referred by the Director, or on appeal.

(2)

Notice. No advance notice or public hearing is required for consideration of reasonable accommodation requests by the Director, except when the request includes any encroachment into the front yard setback area; results in a building size increase above what is allowed in the applicable zoning district with respect to height, lot coverage and floor area ratio maximums; or whenever a reduction in required parking is requested.

A request for reasonable accommodation subject to review by the Planning Commission requires advance notice and a public hearing under Government Code, section 65090.

(3)

Decision. The Director shall render a decision or refer the matter to the Planning Commission within thirty (30) days after the application is complete, and shall approve, approve with conditions or deny the application, based on the findings set forth in subsection (f) below.

If the application for reasonable accommodation is referred to, or reviewed by, the Planning Commission, a decision to approve, approve with conditions or deny the application shall be rendered within twenty (20) working days after the close of the public meeting, based on the findings set forth in subsection (f) below.

(f)

Findings—Other requirements.

(1)

Findings. The reviewing authority shall approve the application, with or without conditions, if it can make the following findings:

A.

The housing will be used by a disabled person;

B.

The requested accommodation is necessary to make specific housing available to a disabled person;

C.

The requested accommodation would not impose an undue financial or administrative burden on the City; and

D.

The requested accommodation would not require a fundamental alteration in the nature of a City program or law, including land use and zoning.

(2)

Other requirements.

A.

An approved request for reasonable accommodation is subject to the applicant's compliance with all other applicable zoning regulations.

B.

A modification approved under this chapter is considered a personal accommodation for the individual applicant and does not run with the land.

C.

Where appropriate, the reviewing authority may condition its approval on any or all of the following:

i.

Inspection of the property periodically, as specified, to verify compliance with this section and any conditions of approval;

ii.

Removal of the improvements, where removal would not constitute an unreasonable financial burden, when the need for which the accommodation was granted no longer exists;

iii.

Time limits and/or expiration of the approval if the need for which the accommodation was granted no longer exists;

iv.

Recordation of a deed restriction requiring removal of the accommodating feature once the need for it no longer exists;

v.

Measures to reduce the impact on surrounding properties;

vi.

Measures in consideration of the physical attributes of the property and structures;

vii.

Other reasonable accommodations that may provide an equivalent level of benefit and/or that will not result in an encroachment into required setbacks, exceedance of maximum height, lot coverage or floor area ratio requirements specified for the zone district; and

viii.

Other conditions necessary to protect the public health, safety or welfare.

(g)

Appeal. A decision by the Director may be appealed to the Planning Commission and a decision of the Planning Commission may be appealed to the City Council in accordance with the appeal procedures of TMC section 10.08.4040.

(Ord. No. 1202, Exh. A § 22, 12-1-2015)

Article 24. - General Provisions, Conditions, and Exceptions—Yards, Height, and Area

Where doubt exists as to the height of the fences, hedges, buildings, structures, and the like provided for in this chapter, the height limitations shall be measured from the sidewalk level of the street on which the lot fronts.

The height limitations set forth in this chapter shall not apply to church spires, belfries, cupolas, or domes not used for human occupancy, nor to chimneys, ventilators, skylights, water tanks, silos, cornices without windows, antennas, radio towers, or mechanical appurtenances usually carried above the roof level, except in no case shall it be lawful to construct, build, or establish any building, tree, smokestack, chimney, flagpole, wire, tower, or other structure or appurtenance thereto which may constitute a hazard or obstruction to the safe navigation, landing, and takeoff of aircraft at a publicly used airport. Regulations established by the Federal Aviation Agency shall be considered to be minimum acceptable standards.

(Prior code § 10-2.2401)

Where the common boundary line separating two (2) contiguous lots is covered by a building or permitted group of buildings, such lots shall constitute a single building site, and the side yard as required by this chapter shall then not apply to such common boundary line.

(Prior code § 10-2.2402)

Front yard requirements shall be measured from the front property line or the indicated edge of a street for which a precise plan exists, including the Traffic Circulation Plan.

(Prior code § 10-2.2403)

On residential property, no more than fifty (50) percent of the front yard may be paved, unless such paving is pavers, bricks, or masonry and clearly designed as a landscape feature that precludes parking.

For the purposes of this section, the following definitions shall apply:

"Front yard" means the total area, extending across the full width of the lot, between the front façade of a dwelling and the front lot line, excluding the driveway.

"Driveway" means a paved area providing the shortest direct route, at the minimum width necessary, between a public right-of-way driveway approach and the vehicular entrance to a garage or carport.

"Paving" shall mean any permanent hard surface, such as asphalt, concrete, pavers, bricks, or other masonry.

(Ord. No. 1238, § 1, 8-15-2017)

In all zones which require a front yard, no obstruction to view in excess of three (3') feet in height shall be placed on any corner or reverse corner lot within a triangular area formed by the extension of the property line to a point of intersection and a line connecting them at a distance of twenty-five (25') feet from said intersection, except that street trees which are pruned at least eight (8') feet above the established grade of the curb so as not to obstruct clear view by motor vehicle drivers shall be permitted.

(Prior code § 10-2.2404)

Every part of a required yard or court shall be open from its lowest point to the sky unobstructed except for:

(a)

The ordinary projection of eaves, cornices, buttresses, ornamental features, and uncovered porches or platforms which may project into a required yard shall be permitted in conformance with the standards of the Uniform Building Code.

(b)

The ordinary projection of chimneys, flues, heating and air-conditioning units, and other similar appurtenances which may project into a required yard or court a maximum distance of twenty-four (24') inches, except where in conflict with adopted building regulations of the Uniform Building Code.

(Prior code § 10-2.2405)

"Shade structures," shall not be included when calculating maximum aggregate lot coverage of all buildings in the RE, LDR, MDR, MDC, HDR or residential PUD zoning districts.

(Ord. 1024 § 2, 2001)

Fences, walls, or hedges in all residential zones shall conform to the following conditions and requirements:

(a)

The height of any fence, hedge, or wall shall be in accordance with all of the following:

(1)

For any part of any lot not otherwise restricted, the maximum height shall be no greater than eight (8') feet;

(2)

For any public easement, the maximum height shall be no greater than six (6') feet measured vertically from the top of the fence to ground level of the fence;

(3)

The maximum height within any required front yard shall be no greater than three (3') feet measured vertically from the top of the fence to the grade of the sidewalk nearest the property line; however, the maximum height may be up to four (4') feet if the fence has at least fifty (50%) percent visibility;

(4)

No fence exceeding three (3') feet in height shall be placed on a reverse corner lot where such fence would be within ten (10') feet of the driveway of the adjacent lot unless the fence is located fifteen (15') feet from the street yard property line.

(b)

Reserved.

(c)

Architectural features of a fence or wall which do not provide screening as determined by the Development and Engineering Services Director, such as an archway over a gate or ornamental figures intermittently situated along the top of a fence or wall may be allowed up to eight (8') feet in height in the front setback area, except in the vision clearance area described in section 10.08.3230 of this article.

(d)

No fence shall be constructed upon the public right-of-way.

(e)

Nothing in this section shall be deemed to prevent the erection of a fence or wall on any part of a lot where a building is permitted provided such wall or fence meets all the building requirements for such lot.

(f)

No fence shall be constructed within three (3') feet of the center of any hydrant used for fire protection. A twelve (12') inch minimum clearance must be maintained around all meter boxes. Two (2') feet minimum clearance around street lights and three (3') feet minimum clearance around sewer clean-outs and sign posts.

(g)

The fence shall be constructed so that no hazards, such as nails, spikes, wires, thistles, or other sharp or pointed objects, protrude from or exist upon the fence.

(h)

All swimming pools authorized by building permits to be constructed after the effective date of the ordinance codified in this section shall be enclosed by fences as provided in this section.

Such fences shall have a minimum height of five (5') feet. Such fences shall be substantial and shall be constructed so there are no openings greater than three (3') inches when all gates are closed. All gates, five (5') feet or less in width, in enclosing fences shall be self-closing and self-latching. All gates greater than five (5') feet in width shall be provided with a means of latching said gate closed. All latches on gates in enclosing fences shall be a minimum of four (4') feet above grade. No pool shall be filled with water until the enclosing fence has been constructed and approved by the Chief Building Official. Surrounding structures, existing fences and gates shall suffice for this requirement if they comply with all requirements of this section as determined by the Chief Building Official.

(i)

The City reserves the right to remove, at the expense of the owner of the property or properties enclosed by the fence, any fence in a public easement in any emergency.

(Ord. 1077 § 1, 2005: Ord. 1023, § 1, 2001; Ord. 1010 § 1, 1999; prior code § 10-2.2406)

Where a lot has less than the minimum required area or width as set forth in any of the zones contained in this chapter, or in a precise plan, and was of record on February 16, 1978, or is part of a subdivision, the tentative map of which was approved by the City or County Planning Commission prior to February 16, 1978, such lot shall be deemed to have complied with the minimum required lot area and width as set forth in any such zone or precise plan. All other requirements of the zone shall be met.

(Prior code § 10-2.2407)

10.08.3270 - Average front yards—Developed areas.

In blocks with fifty (50%) percent or more of the buildable lots already developed, the minimum front yard requirement for new construction shall be equal to the average of the front yard existing on such developed lots; provided, however, this regulation shall not be interpreted as to require a front yard of more than thirty (30') feet in depth.

On any lot which is adjacent on both sides to lots which are developed with buildings, the front yard need not be greater than the average of the established front yards of the adjoining lots. Where a building line is established in any block, the front yard requirements shall be deemed to be equal to such established building line.

(Prior code § 10-2.2408)

In addition to the minimum lot areas and frontage provided for elsewhere in this chapter, for those lots not served by a publicly owned sewage disposal system, the minimum area and minimum frontage of each lot shall be determined by the Commission in conformance with the San Joaquin Department of Environmental Health. In any case, a building permit shall not be issued to the owner without first securing written approval and specifications from the San Joaquin Department of Environmental Health for a disposal system.

(Ord. 1120 § 11, 2008: prior code 10-2.2409)

No part of a yard required for any building for the purpose of complying with the provisions of this chapter shall be included as a yard for another building, and all yards shall be open and unobstructed, except as otherwise provided in this chapter.

(Prior code § 10-2.2410)

On residentially zoned property, swimming pools may be permitted, provided they are no closer than five (5') feet from any side or rear property lines. Spas and swimming pool accessories and other related equipment and structures shall not be located within any required side yard area, unless located within the rear one-third of the lot, or setback from the front property line, seventy (70') feet in the LDR, MDR, or HDR Zone, and in the rear half of the lot or sixty (60') feet from the front property line in the MDC Zone.

(Prior code § 10-2.2411)

In all zones, portable buildings shall conform to the standard yard and building separations for the zones in which they are located. Portable buildings may be located within defined rear yards; provided, however:

(a)

The overall height does not exceed six (6') feet (in order to provide light and air to the adjacent property);

(b)

If any wall of the portable building is located within three (3') feet of any property line, the wall shall be constructed as a one-hour fire wall; and

(c)

A minimum of six (6') feet shall be maintained between all buildings located on the lot.

(Prior code § 10-2.2412)

10.08.3320 - Flag lots.

The creation of flag lots shall be permitted only within the area of the Holly/Clover Specific Land Use and Circulation Plan area, as outlined by the boundary map adopted by Resolution No. 3075, March 21, 1978, and only if the following conditions are met:

(a)

Only one flag lot can be created on each existing lot of record as of July 5, 1978.

(b)

The flag lot shall contain a minimum eighteen (18') foot wide access strip tied in title to the lot land using the strip as access. The access strip shall be designed according to City requirements. City requirements shall include an emergency vehicle turnaround space at the end of the access strip where adequacy is to be defined on a project-by-project basis.

(c)

The two (2) lots created by the flag lot division shall conform to all zone requirements, except the frontage requirements which are waived for the flag lot.

(d)

The building line for a flag lot is determined as being located at the sum of the normal setback, plus the length of the access strip.

(e)

Proposed flag lots will be reviewed by the Fire Department for the adequacy of hydrants and water flows for fire protection purposes. Inadequacies shall be removed prior to the development of undeveloped flag lots or immediately upon approval if the flag lot is already developed.

(f)

Required improvements shall be constructed at the time of the site development or upon the approval of the flag lot, if the site is already developed.

(g)

Driveways to serve flag lots shall be separated by a minimum of twenty (20') feet from all other driveways (on subject and adjoining properties) at the point of entrance to the public right-of-way.

(h)

A lot created by a flag lot division shall not conflict with the Holly/Clover Specific Land Use and Circulation Plan, i.e., lots created by the flag lot division shall be designed so that when the Specific Plan street alignment is implemented, and a lot is divided by said street, then the resulting lots shall be in conformance with the minimum lot requirements (size, frontage, depth, and the like) of the appropriate zoning district as specified in the Specific Plan. (Note: Specific Plan land use designation is not necessarily the same as the existing zoning.)

(i)

If two (2) flag lots are being created at or about the same time, and their access strips are approximately adjoining, then the access strips and turnaround area shall be appropriately designed, improved, and dedicated as a public street. For the purposes of such dedication, the City will accept a thirty (30') foot right-of-way as described in subsection (e) of section 10.12.320 of article 5 of chapter 10.12 of this title.

(Prior code 10-2.2413)

Article 25. - General Provisions, Conditions, and Exceptions—Nonconforming Structures and Uses

A nonconforming use is a use of a structure or land which was lawfully established and maintained but which, under this chapter, does not conform with the use regulations for the zone in which it is located. This article is intended to limit the number and extent of nonconforming uses by limiting their enlargement, reestablishment after abandonment, the major structural alteration of the structures they occupy, and their restoration after destruction.

(Prior code § 10-2.2501)

A nonconforming structure is a structure which was lawfully erected but which, under this chapter, does not conform with the standards of coverage, yard spaces, height of structures, or distance between structures prescribed in the regulations for the zone in which the structure is located. While permitting the use and maintenance of nonconforming structures, this article is intended to limit the number and extent of nonconforming structures by limiting their being moved, altered, or enlarged by requiring that structural alterations shall conform to the standards prescribed in this article.

(Prior code § 10-2.2502)

10.08.3350 - Nonconforming uses of open land.

(a)

A nonconforming use of open land, i.e., containing no structure, may be continued provided such nonconforming use shall not be expanded or extended into any other portion of a conforming building or open land, and no structure, addition, alteration, or enlargement thereto shall be made thereon, except those required by law or approved by a conditional use permit. If such nonconforming use is discontinued for a continuous period of more than six (6) months, any future use of such land shall conform to the provisions of the zone in which it is located.

(b)

If, upon review by the Community Development Department, it is determined that (1) such nonconforming use of land is no longer in harmony with one or more of the purposes of this chapter; (2) the continuation of such nonconforming use of land may impose an unreasonable burden upon the lands located in the vicinity of such nonconforming use; or (3) such nonconforming use of land is no longer being maintained in accordance with the conditions placed upon it at the time of its establishment, such use shall be determined a nuisance, and it shall be set for a public hearing. If, following the public hearing, the Commission finds that such nonconforming use meets the provisions of this section, the Commission may order the discontinuance of the use. All such land at that time shall be cleared and restored to vacant property or conforming uses.

(c)

The cultivation and growing of annual crops, as distinguished from perennial crops, i.e., tree crops, may replace vacant land without the review or consent of the Community Development Department.

(Prior code § 10-2.2503)

A use lawfully occupying a structure or a site, which use does not conform with the use regulations for the district in which the use is located, shall be deemed to be a nonconforming use and may be continued as provided in this article.

A structure lawfully occupying a site, which structure does not conform with the standards of lot coverage, front yards, side yards, rear yards, height of structures, or distances between structures prescribed in the regulations for the zone in which the structure is located, shall be deemed to be a nonconforming structure and may be used and maintained as provided in this article.

(Prior code § 10-2.2504)

10.08.3370 - Alterations and additions to nonconforming uses.

(a)

The expansion of a nonconforming use shall be a conditional use for which a use permit shall be secured as provided in Sections 10.08.4250 through 10.08.4260 of Article 34 of this chapter.

(b)

Unless a use permit is secured as provided in subsection (a) of this section, the following provisions shall apply:

(1)

No structure, the use of which is nonconforming, shall be moved, altered, or enlarged unless required by law or unless the moving, alteration, or enlargement will result in the elimination of the nonconforming use.

(2)

No structure partially occupied by a nonconforming use shall be moved, altered, or enlarged in such a way as to permit the enlargement of the space occupied by the nonconforming use.

(3)

No nonconforming use shall be enlarged or extended in such a way as to occupy any part of the structure, or the site of another structure, or a site which caused it to become a nonconforming use, or in such a way as to displace any conforming use occupying a structure or site.

(4)

A nonconforming use may increase its volume of operation provided the structure is not altered or enlarged to accommodate its increase.

(Prior code § 10-2.2505)

No nonconforming structure shall be moved, altered, enlarged, or reconstructed in a manner that does not conform to the minimum standards of lot coverage, front yards, side yards, rear yards, height of structures, or distances between structures prescribed in the regulations for the district in which the structure is located; provided, however, a nonconforming structure may be altered and/or enlarged provided it does not increase the existing level of nonconformity. Such construction shall be reviewed and approved by the Community Development Director and the Fire Chief under specific conditions.

(Prior code § 10-2.2506)

The nonconforming use of a structure or site shall only be changed to a conforming use.

(Prior code § 10-2.2507)

Whenever a nonconforming use has been abandoned, discontinued, or changed to a conforming use for a continuous period of six (6) months, the nonconforming use shall not be reestablished, and the use of the structure or site thereafter shall be in conformity with the regulations for the zone in which it is located.

(Prior code § 10-2.2508)

10.08.3410 - Restoration of damaged structures.

(a)

Whenever a structure which is nonconforming but which conforms generally with the zone group in which it is located (for example, a nonconforming apartment house within a residential zone or a nonconforming retail establishment within a commercial zone) shall be damaged or destroyed, it may be restored and the use resumed.

(b)

Whenever a nonconforming structure shall be destroyed by fire, other calamity, act of God, or the public enemy to the extent of fifty (50%) percent or less as determined by the Building Official, the structure may be restored, and the nonconforming use may be resumed provided restoration is started within six (6) months and diligently pursued to completion.

(c)

Whenever a nonconforming structure shall be destroyed by fire, other calamity, act of God, or the public enemy to a greater extent than fifty (50%) percent as determined by the Building Official, or shall be required by law to be razed, the structure shall not be restored except in full conformity with the regulations for the zone in which it is located, and the nonconforming use shall not be resumed.

(Prior code 10-2.2509)

Nothing in this article pertaining to nonconforming structures and uses shall be construed or applied so as to require the termination or removal, or so as to prevent the expansion, modernization, replacement, repair, maintenance, alteration, or rebuilding, of public utility structures, uses, equipment, and facilities pertaining directly to the rendering of the service provided there is no change of use or increase of those areas to be used, and provided, further, that a site plan be submitted for approval, and those necessary public improvements required of private property owners in the area shall be installed.

(Prior code 10-2.2510)

Notwithstanding any other provision of this article, no use permitted in any one of the residential zones and lawfully existing in any one of the residential zones on October 16, 1975, shall be considered nonconforming in the residential zone in which it is located; no use permitted in any one of the commercial zones and lawfully existing in any one of the commercial zones on October 16, 1975, shall be considered nonconforming in the commercial zone in which it is located; and no use permitted in any of the industrial zones and lawfully existing in any one of the industrial zones on October 16, 1975, shall be considered nonconforming in the industrial zone in which it is located. For the purposes of this section, the GHC Zone and HS Zone shall be considered as commercial zones. This section shall be applicable only to the elimination of nonconforming uses.

(Prior code § 10-2.2511)

Article 26. - Off-Street Parking Requirements

The intent of the off-street parking requirements is to ensure sufficient, safe, and convenient parking to maximize safe and efficient traffic flows, and to enhance the appearance of parking areas.

(Prior code § 10-2.2600)

For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows:

(a)

"Floor area tabulations" for all applications for use permits, development review, design review, or building permits shall be accompanied by a detailed tabulation of the proposed land uses and a calculation of the number of off-street parking spaces required, as well as the number of spaces provided.

(b)

"Gross floor area" is the sum of the gross horizontal area of the total number of floors of a building and it's accessory buildings on the same site measured from the outside walls.

(c)

"Off-street parking" shall mean parking area located off any public right-of-way, alley, or private street which shall be provided as required by this article.

(d)

"Parking area" shall mean that part of the property used or intended to be used for parking and/or storage of vehicles, access drives, aisles, and maneuvering and may include landscaping within that portion of the property that is used for vehicle and pedestrian access and circulation. Parking area shall exclude loading spaces and facilities and associated areas not required for drives, aisles and maneuvering for parking required herein.

(e)

"Parking garages" shall include all buildings or portions of buildings used or intended to be used for public or private parking. Included are public "open parking garages" as defined in section 709 (b) of the 1988 Uniform Building Code.

(Prior code § 10-2.2601)

(a)

Every building hereafter erected or use hereafter established shall be provided with parking spaces as provided in section 10.08.3480 of this article, subject to the other provisions of this article. Such parking spaces shall be made permanently available and be permanently maintained for parking purposes.

(b)

Notwithstanding the provisions of subsection (a) of this section, if any existing building is hereafter removed or demolished to provide a site for a building, the new building shall be provided with parking spaces in conformance with the provisions of this article.

(c)

When the computation of the number of off-street parking spaces required by this article results in a fivetenths (.5) or more fractional space, such fractional space shall be counted as one parking space.

(d)

In the instance when an existing building has a change of use or occupancy that would increase the number of parking spaces being required, such additional spaces shall be required in conformance with the provisions of this article. In calculating needed spaces, it shall be assumed that adequate spaces existed for the previous legal use and only the additional demand created by the change of use needed be provided.

(e)

In the instance when an existing building is enlarged, reconstructed, remodeled or structurally altered, additional parking shall be required only for such alterations. Extra parking, over and above that required by the alterations, would not be required to cure any existing parking space deficiencies that might exist with any already existing and previously constructed building.

(f)

In the instances set forth in subsections (d) and (e) of this section, landscaping shall be provided in proportion to the additional spaces being provided above, and shall be provided in conformance with the landscaping requirements of section 10.08.3650 of this article.

(g)

Separate lots. If a building, structure, or improvement requiring parking is located upon a separately recorded lot from that upon which the required parking is provided, whether in the same or separate ownership, there shall be a recording in the office of the County Recorder of a covenant by such owner or owners for the benefit of the City, in a form first approved by the City, that such owner or owners will continue to maintain such parking space so long as such building, structure, or improvement is maintained within the City. The covenant required by this section shall stipulate that the title to such right to use the lot or lots upon which the parking facilities are to be provided will be subservient to the title to the premises upon which the building is to be erected and that such lot or lots are not and will not be made subject to any other covenant or contract for use without the prior written consent of the City.

(h)

Location. Off-street parking facilities shall be located as set forth in this section. Where a distance is specified, such distance shall be the walking distance measured from the nearest point of the building such facility is required to serve.

(1)

For any type of dwelling, parking facilities shall be located on the same lot or building site as the buildings they are required to serve.

(2)

For uses other than those specified in subdivision (1) of this subsection, parking facilities shall be located not over two hundred (200¢) feet from the buildings they are required to serve.

(3)

Required residential off-street parking shall not be permitted in any required side yard, rear yard, or front yard area with the following exceptions:

(i)

Those required for housing units recognized by the City to be in a low or very low income housing program may be located in the side and rear yard;

(ii)

Those required for multiple family dwellings may be located in the rear yard. In no case shall the rear yard for multiple family dwellings be reduced to less than three (3¢) feet.

Upon approving projects with new parking areas with spaces proposed to be located within rear yard areas, the Community Development Director, Planning Commission, or City Council, according to the requirements of this title, shall adopt findings contained within section 10.08.4270(g).

(i)

Mixed occupancies in a building. In the case of mixed uses in a building or on a lot, the total requirements for off-street parking facilities shall be the sum of the requirements of the various uses computed separately. Off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use except as specified for joint use in subsection (j) of this section.

(j)

Joint use. The Commission, upon an application by the owner or lessee of any property, may authorize the joint use of parking facilities for any other use as hereinafter specified:

(1)

Up to fifty (50%) percent of the parking facilities required by this article for a use considered to be primarily a daytime use may be provided by the parking facilities of a use considered to be primarily a nighttime use; up to fifty (50%) percent of the parking facilities required by this article for a use considered to be primarily

a nighttime use may be provided by the parking facilities of a use considered to be primarily a daytime use; provided, however, such reciprocal parking area shall be subject to the conditions set forth in subdivision (3) of this subsection.

(2)

The following uses are typical daytime uses: banks, business offices, retail stores, personal service shops, clothing or shoe repair or service shops, manufacturing or wholesale buildings and similar uses. The following uses are typical of nighttime and/or Sunday uses; auditoriums incidental to a public or parochial school, churches, dance halls, theaters, and bars.

(3)

Conditions required for joint use:

(i)

The building or use for which an application is being made for authority to utilize the existing off-street parking facilities provided by another building or use shall be located within 200 feet of such parking facility;

(ii)

If the building, structure, or improvement requiring parking space is in one ownership, and the required parking space provided in another ownership, partially or wholly, there shall be recorded in the office of the County Recorder a covenant by such owner or owners as prescribed by subsection (g) of this section.

(k)

Common facilities. Common parking facilities may be provided in lieu of the individual requirements contained in this section. Such facilities shall be approved by the Commission as to size, shape, and relationship to business sites to be served. The total of such off-street parking spaces shall not be less than the sum of the parking required for uses computed separately. If the common facilities are located on more than one lot, a covenant for the maintenance and continued use of such parking facilities shall be filed in accordance with the provisions of subsection (g) of this section.

(l)

Plans. Plans of proposed parking areas shall be submitted to the office of the Building Inspector at the time of the application for the building permit for single-family and two-family dwelling units. For all other development and uses requiring parking, such plans shall accompany the site plan and architectural application for review by the Community Development Director. The plans shall clearly indicate the proposed development, including the location, size, shape and design of the parking area, parking area improvements, landscaping, and other features of the proposed parking lot. Plans shall provide sufficient information to determine compliance with the provisions of this article.

(Ord. 1040 § 5 Exh. E (part), 2002; prior code § 10-2.2602)

Exceptions to the determination of the required parking spaces and landscaping area are:

(a)

No building as it exists on the effective date of the ordinance codified in this article shall be deemed to be nonconforming solely by reason of the lack of off-street parking spaces; provided, however, any portion of the premises being used for off-street parking in connection with any such building shall not be reduced below the requirements of this article.

(b)

Notwithstanding Section 10.08.460, any part of a parcel used as a parking area in conjunction with vehicle sales or rentals, on or before the effective date of the ordinance establishing these requirements, shall be improved and developed in accordance with Sections 10.08.3640 and 10.08.3650 within one year from the effective date of the ordinance establishing these requirements, as follows:

(1)

Where one-third ([1 ] / 3 ) or less of any parking area has been paved, development standards contained in Sections 10.08.3640 and 10.08.3670 shall be required;

(2)

Where more than one-third ([1 ] / 3 ) of any area usable for parking has been paved, the remainder shall be paved and drainage installed in accordance with the requirements of Section 10.08.3640 of this article. In such cases, landscaping and other development standards for the newly paved area shall be consistent with the design of the existing paved area.

(c)

Every building hereafter enlarged, reconstructed, remodeled or structurally altered shall be provided with parking spaces to compensate for the additional parking demand, if any, created by such enlargement, reconstruction, remodeling, or structural alteration, excluding those located in the CBD zone. Buildings enlarged, reconstructed, remodeled or structurally altered in the CBD zone shall provide parking, or pay an in-lieu fee as set by Council resolution for the purpose of providing parking in the CBD zone. Landscaping and improvement standards contained within Sections 10.08.3640 and 10.08.3670 shall be required for such new parking areas. Landscaping shall be distributed throughout the site for which additional parking is intended in a manner satisfactory to the Director of Community Development.

(d)

Any building in the Downtown Incentive Area (as that geographical area is defined by Resolution No. 97115, adopted by City Council on April 15, 1997, or any duly authorized amendment thereto) shall not be subject to the additional off-street parking requirements set forth in this article, provided that a building permit applicant establishes, to the satisfaction of the Community Development Director, that the following requirements are met prior to the issuance of the building permit:

(1)

The type of use to which the building is to be put is eligible for participation in the Downtown Incentive Program, as described in Tracy Municipal Code Chapter 6.20.

(2)

In the event that the real property on which the building is located has existing parking within the boundaries of the Downtown Incentive Area, the owner of the real property shall execute and record, in the office of the County Recorder, a covenant for the benefit of the City, in a form first approved by the City, by which the owner agrees to: (i) improve and maintain the existing parking in accordance with City standards as set forth in this article, and the City Design Documents as defined by Tracy Municipal Code Section 12.08.010; (ii) maintain the existing parking for the benefit of the general public, and not restrict the use of the existing parking for the benefit of customers of the building; (iii) stipulate that the existing parking will not be used for any purpose other than parking without the prior written consent of the City; (iv) hold the City harmless, and indemnify and defend the City from and against any claims by third parties regarding the use of the existing parking; and (v) the term of the covenant shall be not less than five (5) years.

(3)

In the event that the real property on which the building is located does not have existing parking within the boundaries of the Downtown Incentive Area, the applicant for the building permit shall execute a promissory note, in a form first approved by the City, by which the applicant agrees to: (i) pay the Downtown Incentive Area Parking Fee (in an amount established by Implementing Resolution No. 97-114, adopted by City Council on April 15, 1997, or any duly authorized amendment thereto) in five equal installments over a five (5) year period, and (ii) pay interest on late payments in an amount fixed by the City's Finance Manager in accordance with the rate established by the Local Agency Investment Fund.

(e)

Off-street parking space reduction. The number of off-street parking spaces required in section 10.08.3480 may be reduced by up to twenty (20) percent if the owner of the property submits a parking study documenting that such off-street parking spaces will not be necessary to mitigate parking demands for a use or project. The parking study shall contain surveys or documented parking demand for similar uses or other written documentation to the satisfaction of the Development Services Director. The determination regarding an off-street parking space reduction shall be made by the Development Services Director, unless the permit or approval for the project or use must otherwise receive Planning Commission or City Council approval, in which case the off-street parking space reduction determination shall be made by the Planning Commission or City Council, whichever has review authority for the project or use. In making a determination regarding an off-street parking space reduction, the Director, Commission, or Council shall take into account the following: the parking study; the availability of nearby on- or off-street parking; accessibility to nearby public transit; the City site planning design goals; and other relevant information.

(Prior code § 10-2.2603 as amended by § 1, Ord. 954 C.S., eff. June 14, 1997)

(Ord. No. 1181, § 1, 1-15-2013)

*Editor's Note: Ord. 954 C.S., which added subsection (d) to § 10.08.3470, will automatically expire June 14, 2002.

Except as otherwise provided in this chapter, the number of off-street parking spaces for the various uses shall be as set forth in the "Permitted Parking Chart." The parking requirements for handicapped persons shall conform to the provisions of Title 24 of the State Building Code, and shall be provided according to the schedule in City of Tracy Standard Plans.

(Prior code § 10-2.2604)

PERMITTED PARKING CHART

(Ord. 1050 § 5, 2003; prior code § 10-2.2604; Ord. No. 1254, § 3, 5-1-2018)

Where the parking requirements for a use are not specifically set forth in this article, the parking requirements for such use shall be determined by the Commission, and such determination shall be based upon the requirements for the most comparable use set forth in this article. The request for such a determination shall include the required filing fee and any necessary information.

(Prior code § 10-2.2605)

Parking areas containing twenty (20) or more spaces may include a maximum of thirty (30%) percent of the total number of spaces for compact cars. Parking lots containing fewer than twenty (20) spaces but more than ten (10) spaces may include a maximum of twenty (20%) percent of the total number of spaces for compact cars. These spaces shall be designed and marked in accordance with City Standards and distributed throughout the lot.

(Prior code § 10-2.2606)

(a)

Bicycle parking spaces shall be provided for parking lots as required in the table below:

(b)

Bicycle parking facilities shall be located in separate stall areas. Stalls shall be:

(1)

Designed for the mutual protection of bicycles, autos, and pedestrians;

(2)

Be located so as not to obstruct pedestrian and auto access;

(3)

Shall provide protection from vehicle damage;

(4)

Be located on the site within one hundred (100') feet of the public entrance to each building or use.

(c)

A bicycle stall shall be a permanent fixture and shall provide a method for locking or securing the bicycle frame and wheels in an upright position. A bicycle stall space shall be approximately five and one-half (5½') feet long and two and one-half (2½') feet wide, having adequate back-up and maneuvering space.

(Prior code § 10-2.2607)

The following design policies shall apply in all circumstances.

(a)

The design of parking shall conform with the City Standards for parking spaces;

(b)

Tandem parking shall not be utilized in meeting the minimum parking requirements;

(c)

The following minimum access driveway widths shall apply:

(1)

Access drives serving not more than two dwelling units shall have a clear minimum width of ten (10') feet,

(2)

All other access drives shall have a clear minimum width of twelve (12') feet for one way traffic and a minimum width of eighteen (18') feet for two-way traffic.

(Prior code § 10-2.2609)

10.08.3530 - Required improvements and maintenance of parking areas.

(a)

It shall be unlawful to park on any unpaved surface. Every parking area used or intended to be used as a public or private parking area shall be paved with a surfacing material in compliance with City of Tracy Standards.

(b)

Every lot shall be graded and drained so as to dispose of all surface water created by such parking area. A grading permit is required before such work commences.

(c)

Any parking area required to provide five (5) or more parking spaces shall be appropriately marked indicating the parking spaces. Striping of parking spaces, aisles, or driveways, and the placement of directional signs shall be provided according to the City of Tracy Standards.

(d)

Each space within parking areas on sites with more than four (4) dwelling units, and only those parking spaces adjacent to pedestrian walkways and landscape areas on commercial and industrial sites, shall be designed to include a raised concrete wheel stop constructed and installed to the satisfaction of the Director of Public Works.

(e)

Within parking areas on commercial and industrial sites, in place of the wheel stops required in subsection (d) above, landscape areas and pedestrian walkways may be extended not more than two (2') feet into required parking spaces, to include a six (6') inch concrete curb. In such cases, no credit toward parking lot landscape requirements shall be given for the resulting additional landscaping.

(f)

A parking facility with five (5) or more spaces serving commercial or industrial uses shall provide security lighting as approved by the Community Development Director and/or design review board, in accordance with City Standards.

(g)

A parking area serving multiple-family residential units shall be illuminated during hours of darkness in accordance with City Standards.

(h)

Parking area lighting shall be directed down onto the parking surface and away from adjacent property and structures.

(Prior code § 10-2.2610; Ord. No. 1238, § 2, 8-15-2017)

The internal circulation of a parking area containing five (5) or more spaces shall be designed so that maneuvering can be accomplished outside any public right-of-way. Maneuvering shall be in a forward motion except to leave a parking space.

(Prior code § 10-2.2611)

For parking lots having thirty (30) or more spaces, access aisles shall be designed and oriented to allow the pedestrians to walk directly toward, rather than parallel to, building entrances. At pedestrian crossings from

the lot to the building frontages, a crosswalk shall be provided indicated by a change in surface material or color.

(Prior code § 10-2.2612)

The following landscaping improvements shall be required for parking areas:

(a)

Landscaping shall be installed at the following rate:

(b)

A portion of the required landscaping shall be integrated with the building frontage.

(c)

Landscaping shall consist of plant materials and shall include a combination of trees, shrubs, and ground cover. At planting, landscaping shall be of the size established in the Citywide Design Goals and Standards and applicable specific plan.

(d)

Trees shall be of a type approved by the Director of Development Services and shall be provided as follows:

(1)

Trees planted at a minimum rate of one tree per each five (5) required auto parking spaces.

(2)

Canopy trees shall be evenly distributed throughout the parking area so that a minimum of forty (40%) percent of the parking area is shaded at tree maturity. Canopy trees shall be the type that normally achieves a minimum canopy diameter of twenty-five (25') feet.

(3)

Where photovoltaic array carports are located in the parking area, the portions of the parking area that are directly beneath the footprint of the photovoltaic array carports are exempt from the requirements of subsection (d)(2) of this section.

(e)

Trees shall be planted according to the City of Tracy Standard Specifications for street trees.

(f)

There shall be a minimum ten (10) foot wide (inside dimension) landscaped strip along property lines adjacent to public rights-of-way and private streets. The landscaped strip shall be continuous except at required access to the site or parking area.

(g)

The requirement for parking lot landscaping for industrial development, as indicated in this section, may be decreased by a maximum of fifty (50%) percent provided a corresponding minimum increase in perimeter landscaping of fifty (50%) percent is provided.

(h)

Screening of the parking area from public rights-of-way shall be provided at a minimum height of two and one-half (2½') feet and a maximum height of three (3') feet measuring from the top of the parking area pavement.

(i)

When abutting residential property, screening of the parking area shall be provided at a minimum height of six (6') feet measured from the top of the parking area pavement, and in the area of the required front setback for residential property, the maximum height of screening and landscaping shall be three (3') feet measured from the side which has the highest elevation at the base of the screening.

Screening between residential property and non-residential parking lots shall consist of a solid masonry wall designed and installed in accordance with City Standard Specifications. The appearance of said wall shall be to the satisfaction of the Community Development Director.

(j)

Screening from public rights-of-way may consist of one or a combination of the following:

(1)

Berms landscaped with ground cover, trees, and shrubs;

(2)

Solid, low profile, decorative masonry walls;

(3)

Evergreen shrubbery which, when solely used as screening, shall be continuously maintained to provide solid screening.

(k)

Trash receptacles/enclosures and loading areas shall be screened on all sides with a gate provided for access, and shall be landscaped.

(l)

All landscaping shall be protected with a six (6') inch raised concrete curb.

(m)

Landscaped areas and planters shall be serviced by a permanent automatic irrigation system approved by the Community Development Director and/or the design review board.

(n)

All parking areas, landscaping and screening shall be continuously maintained by the property owner. Landscaping and screening shall be free of weeds, debris, litter, and dead plants. Any dead plant material shall be replaced with similar type of living plant material.

(o)

Parking area and perimeter landscaping shall be installed or secured as required by this article prior to any authorization to occupy any building(s) served by required parking areas.

(p)

Landscaping shall be designed to obscure views of loading and other service areas, including trash storage areas, from rights of way and adjoining property containing such loading facilities.

(Prior code § 10-2.2613)

(Ord. No. 1273, § 1, 11-5-2019)

(a)

Loading space shall be provided and maintained for all commercial and industrial uses which involve the distribution or delivery of goods by commercial vehicles. Business and professional office uses and business consumer services shall be exempt from these requirements.

(1)

An occupancy of 5,000 or less square feet of gross floor area shall have a loading space with minimum dimensions of ten (10') feet width, twenty (20') feet length, and a vertical clearance of fourteen (14') feet.

(2)

An occupancy of more than 5,000 square feet of gross floor area shall have a loading space with the minimum dimensions of twelve (12') feet in width, twenty-five (25') feet in length, and vertical clearance of fourteen (14') feet. Said space shall be screened on three (3) sides by a minimum eight (8') foot high solid masonry wall.

(b)

No loading space shall be located within twenty-five (25') feet of residential property.

(c)

Lighting shall be provided to direct illumination down onto the loading space and shall be shielded from adjacent property.

(d)

The loading space shall be designed so that ingress from and egress to a public right-of-way, private street or an alley, must be accomplished by forward motion only. All maneuvering necessary to enter and exit the loading space shall not occur on or encroach into any public right-of-way or parking area.

(e)

No repair or servicing of vehicles shall be conducted in a loading space.

(Prior code § 10-2.2614)

Parking garages (as defined in Section 10.08.3450) shall conform to all requirements of Article 26 of this chapter. Additions and exceptions to this article shall be as follows:

(a)

Parking garages shall have an appealing architectural appearance which will compliment the area, and existing and approved to be developed structures in the vicinity of the project. The exterior architectural design of all parking garages shall be subject to the review and approval of the Community Development Department in accordance with the findings and standards as set forth in Article 30, Development Review, of this chapter.

(b)

Parking garages need not conform to the provisions of Section 10.08.3670 of this article. However, the visible parking areas from any public right-of-way or private street or alley shall be effectively shielded by one, or a combination of the following:

(1)

Berms landscaped with ground cover, trees and/or shrubs; either inside or outside the building line;

(2)

Solid, low profile decorative masonry walls. The wall shall be substantially outside of the building line to meet the ventilation requirements of the Uniform Building Code;

(3)

Solid building walls which are integral with the building structures.

(c)

Parking garages shall be designed and constructed in accordance with the Uniform Building Code (current addition enforced by the Community Development Department) and all other sections and provisions of the Tracy Municipal Code.

(Prior code § 10-2.2615)

Should a property owner fail to comply with any requirement of this article, this failure shall be considered a violation of this Code and shall be subject to penalties set forth in Section 1.04.030.

(Ord. 1040 § 5 Exh. E (part), 2002: prior code § 10-2.2616)

Article 27. - Airport Overlay Zone (AO)

The Airport Overlay Zone (AO) classification is intended to regulate land uses in areas adjacent to the Tracy Municipal Airport in order to:

(a)

Prevent the construction or establishment of any object which could become an obstruction to safe airport operation;

(b)

Prevent the construction or establishment of uses which would cause public assembly or occupancy of persons in the critical airplane approaches to the airport; and

(c)

Prevent the construction or establishment of uses which would adversely affect aircraft approach areas within the City limits.

(Prior code § 10-2.2701)

For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article are deemed as follows:

(a)

"Airport Reference Point (ARP)" shall mean 191 feet (USGS Datum).

(b)

"Approach surface" shall mean a surface longitudinally centered on the extended runway center line and extending outward and upward from each end of the primary surface. The inner edge of the approach surface is the same width as the primary surface, and it expands uniformly to a width of 1,250 feet, at a slope of twenty (20) to one, to a horizontal distance of 5,000 feet.

(c)

"Conical surface" shall mean a surface beginning at an elevation of 341 feet and extending for a radius of 4,000 feet at a twenty (20) to one slope beyond the radius of the horizontal surface.

(d)

"Horizontal surface" shall mean a surface 150 feet above the airport reference point, final elevation of 341 feet, the perimeter of which is created by rotating arcs with a radii of 5,000 feet from the center of each end of the primary surface runways of the airport and connecting adjacent arcs with lines tangent to those arcs.

(e)

"Primary surface" shall mean a surface longitudinally centered on the runway, extending 200 feet beyond the hard surface of the runway. The width of the primary surface is 500 feet.

(f)

"Transitional surface" shall mean a surface extending along the center line of each runway and establishing a final elevation of 341 feet using a slope of seven (7) to one.

(Prior code § 10-2.2702)

Any use permitted or conditionally permitted in underlying zones shall be permitted or conditionally permitted in the AO Zone, except where such use conflicts with the following:

(a)

Uses not permitted.

(1)

Uses in the following Use Groups, as defined in Section 10.08.1050 of Article 5 of this chapter, shall not be permitted in the inner 5,000 feet (as measured from the end of the primary surface) of the approach surface: 2, 4, 20, 21, 21.1, 22, 23, 24, 25, 26, 27, 30, 31, 32, 39, 40, 41, 42, 43, 48, 49, 62, and 63.

(2)

The following uses shall not be permitted in the inner 5,000 feet of the approach surface:

(i)

Residential developments;

(ii)

Hotels and motels;

(iii)

Restaurants and bars;

(iv)

Schools, hospitals, and governmental services;

(v)

Concert halls, auditoriums, and festival activities; and

(vi)

Uses which cause or encourage public assembly. (b) Conditional uses permitted. The following conditional uses shall be permitted in the inner 5,000 feet of the approach surface, subject to the provisions of Sections 10.08.4250 through 10.08.4420 of Article 34 of this chapter: uses in the following Use Groups as defined in Section 10.08.1050 of Article 5 of this chapter: 44, 45, 46, 47, 50, 51, 52, 53, 60, and 61.

(c)

Density coverage limits.

(1)

The maximum structural coverage shall be less than twenty-five (25%) percent of the net lot area in the inner 5,000 feet of the approach surface.

(2)

The maximum density in the inner 5,000 feet of the approach surface shall be limited to twenty-five (25) people per acre.

(d)

Fire hazards. No industry involved in flammable materials or processes shall be permitted in the inner 5,000 feet of the approach surface.

(e)

Height limits. No structure or appurtenance to a structure may be erected or added to, nor any tree planted or allowed to grow to, a height which intrudes into the horizontal, conical, transitional, or approach surfaces as defined in Section 10.08.3610 of this article.

(f)

Noise limits. No noise sensitive use as defined in the General Plan shall be permitted within the 1997 60 DB Noise Contour Line of the airport without sound attenuating construction practices.

(g)

Flight hazards. No use shall be permitted which will attract migratory or non-migratory flocks of birds.

(h)

Communication interference. No use shall be permitted which creates interference with radio communication or the radar between the airport and aircraft, or makes it difficult for pilots to distinguish between airports or airport lights, or results in glare, or impairs the visibility of persons using the airport.

(Prior code § 10-2.2703)

Article 28. - Variances

When practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of this chapter result through the strict and literal interpretation and enforcement of the provisions of this chapter, the Community Development Director shall have the authority as an administrative act, subject to the provisions of this article, to grant, upon such conditions as he may determine, such variances from the provisions of this chapter as may be in harmony with its general purpose and intent so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done.

(Prior code § 10-2.2801)

The sole purpose of any variance shall be to prevent discrimination, and no variance shall be granted which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone.

(Prior code § 10-2.2802)

Variances shall not be granted for parcels of property which variances authorize uses or activities which are not otherwise expressly authorized by the zone regulations governing such parcels of property.

(Prior code § 10-2.2803)

Before any variance may be granted by the Community Development Director, it shall be shown:

(a)

That there are exceptional or extraordinary circumstances or conditions applicable to the property involved, including size, shape, topography, location, or surroundings;

(b)

That such exceptional or extraordinary circumstances of the subject property are not due to any action of the applicant subsequent to the application of the zoning regulations contained in this chapter;

(c)

That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone and denied to the property in question;

(d)

That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located; and

(e)

That the granting of such variance will not adversely affect the comprehensive General Plan.

(Prior code § 10-2.2804)

Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.

(Prior code § 10-2.2805)

The Community Development Director or Commission, after a public hearing held in the manner prescribed, may revoke or modify any variance issued on any one or more of the following grounds:

(a)

That the approval was obtained by fraud;

(b)

That the use for which such approval was granted has ceased to exist or has been suspended for one year or more;

(c)

That the use for which such approval was granted is not being exercised;

(d)

That the variance granted is being or recently has been exercised contrary to the terms or conditions of such approval or in violation of any statute, ordinance, law, or regulation;

(e)

That the use for which the approval was granted was so exercised as to be detrimental to the public health or safety or so as to constitute a nuisance; and

(f)

That the continued exercise of the use for which approval was granted appears to be inimical to the public welfare.

(Prior code § 10-2.2806)

Any variance granted by the Community Development Director, Commission, or Council shall become null and void if not exercised within the time specified in such variance or, if no date: is specified, within six (6) months after the date of the approval of such variance.

(Prior code § 10-2.2807)

Not more than thirty (30) days following the public hearing on a variance, nor more than thirty (30) days following the filing of an application for a variance where no hearing is conducted, the Community Development Director shall announce his findings by formal report, and such report shall recite, among other things, the facts and reasons which, in his opinion, make the granting or denial of the variance necessary to carry out the provisions and general purposes of this chapter, and shall order that the variance be granted or denied, and, if such report orders that the variance be granted, it shall also recite such conditions and limitations as the Community Development Director may impose.

(Prior code § 10-2.2808)

The formal report of the Community Development Director announcing his findings and orders after a hearing on an application for a variance shall be numbered consecutively in the order of its filing and shall become a permanent record in the files of the Community Development Department.

(Prior code § 10-2.2809)

10.08.3720 - Notices of decisions of the Community Development Director.

Not later than ten (10) days following the rendering of a decision ordering that a variance be granted or denied, a copy of the report shall be mailed to the applicant and/or his attorney, if any, at the address shown on the application filed with the Community Development Department.

(Prior code § 10-2.2810)

The action of the Community Development Director in granting or denying a variance shall become final and effective fifteen (15) days after the date of such action, unless within such fifteen (15) day period an appeal is filed with the Commission by any person dissatisfied with the decision of the Community Development Director. The filing of such appeal within such time limit shall stay the effective date of the order of the Community Development Director until such time as the Commission has acted on the appeal as set forth in this article.

(Prior code § 10-2.2811)

Within not to exceed thirty (30) days following the receipt of the written appeal, the Commission shall conduct a duly advertised public hearing, public notice of which shall be given as provided in Section 10.08.4170 of Article 31 of this chapter.

(Prior code § 10-2.2812)

The Commission shall announce its findings and decision not more than thirty (30) days following the hearing and shall recite, among other things, the facts and reasons which, in the opinion of the Commission, make the granting or denial of the variance necessary to carry out the general purposes of this chapter and shall order that the variance be granted or denied or modified subject to such conditions or limitations as it may impose.

(Prior code § 10-2.2813)

Within not to exceed thirty (30) days following the receipt of the written appeal, the Council shall conduct a duly advertised public hearing, public notice of which shall be given as provided in Section 10.08.4170 of Article 31 of this chapter.

(Prior code § 10-2.2814)